By Anne Rodell; College of Law (England and Wales)
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Additional resources for Commercial property. 2013
Obtaining Property Finance 15 Ross is financing the acquisition and development with a loan from Western Bank plc (‘Western’) and has received a commitment letter and term sheet confirming a proposed loan of £7,000,000 towards the acquisition of Unit 3 and a further £7,000,000 towards the development costs, to be released in tranches of no less than £1,000,000 against architect’s certificates certifying completion of certain stages of the development. The term sheet contains only brief details of the agreed terms.
The solicitors acting for the lender will expect to have the security executed, but undated, and in their possession prior to the release of funds. The security will then be completed immediately following completion of the acquisition. 2 Perfection of security It is essential that any steps required to perfect the security are taken to ensure that the security is valid against third parties and to achieve priority over other security interests. If the borrower is a company registered in England and Wales, the first step is to register the security at Companies House.
Although you can employ surveyors and other professionals to assist you, this still uses up a considerable amount of time and effort. It also means that you have to find a considerable amount of cash, or a loan, or a combination of both, to fund the initial purchase. An alternative way is to buy shares or units in a company that invests in a range of commercial and residential property, such as a real estate investment trust (REIT) or an offshore property unit trust (PUT). These indirect property investment vehicles offer opportunities for smaller levels of investment, some taxation advantages, less management responsibility and, arguably, greater flexibility as it may be easier to trade units than to sell a property.