Having gone through the process of identifying a suitable property for acquisition, agreed pricing and in most cases secured exclusivity for an agreed period of time, a critical part of the process is to undertake due diligence investigations.

We have been involved in a number of transactions whereby preliminary investigations failed to reveal potential problems and it was only during more detailed investigations that we discovered issues that necessitated further negotiation.  These further negotiations resulted in either a reduction in price, the inclusion of further conditions precedent or in some csaes a complete withdrawal from the transaction.

The extent of due diligence investigations required will depend on the type of property involved, the price level and the complexity of the transaction.

Whilst we undertake some preliminary due diligence in assessing whether a particular property is worth further consideration and also in determining the likely price structure, the majority of due diligence, if required, will be undertaken post offer and acceptance, but prior to executing contract documentation.

We will undertake a significant proportion of this work ourselves, however where appropriate, in order to mitigate risk, we will utilize our network of consultants to assist in the process in disciplines that require specific expertise.

Due diligence may include the following:

Physical Due Diligence:  Building structure and fabric; services, including mechanical, electrical, fire and hydraulic; BCA and Essential Services compliance, including compliance with recent amendments to the Disability Discrimination Act, land survey; building area surveys (net lettable area or gross lettable area) and environmental and hazardous materials reports.
Legal Due Diligence:  Certificate of Title – mortgages/charges, covenants, easements, caveats; town planning assessment, zoning, planning permit compliance, redevelopment / expansion potential; statutory outgoings; insurances & asset register.
Financial Due Diligence:  Perusal of lease documentation, focusing on lessee entity, guarantees, permitted use, term, rent reviews, turnover rental (if applicable), outgoings and recoveries, assignment/subletting, repairs and maintenance, redecoration provisions, reinstatement obligations, market rental assessment, arrears schedules; availability of depreciation allowances and gross occupancy cost/turnover analysis in respect to retail property.