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Business owner in the loading bay of the light industrial building her company occupies, the subject of an owner-occupied appraisal
Why Owner-Occupied and Investment Property Appraisals Differ

Two buildings sit side by side, same size, same age, same street. One is full of your own company. The other houses a tenant you have never met. An owner-occupied appraisal and an investment property appraisal can land on different numbers for these two buildings. The reason has less to do with the bricks than with the question the appraiser answers.

By the end of this article, you’ll know:

  • Why the appraiser uses market rent on a building you occupy and the actual leases on a building you rent out
  • How a below-market or above-market lease moves value, with a worked example
  • Why the value of your business stays out of the real estate number, and what lenders should tell the appraiser up front

What an Owner-Occupied Appraisal Actually Values

When you own the building and run your business in it, nobody is paying rent. So there is no lease for the appraiser to read. Instead, the appraiser asks a simpler question. What would this space rent for if it hit the open market tomorrow?

That figure is market rent. It comes from comparable leases on similar buildings nearby, adjusted for size, condition, and location. The appraiser then builds an income approach on that rent. Sales of similar buildings come in too, and sometimes a cost approach.

Here the appraiser usually values the fee simple interest. In plain terms, that means full ownership with no lease attached. Since no tenant holds any rights, the value rests on what the market would pay for the building itself. Our guide to the income approach for commercial property walks through how that rent becomes a value.

Investment Property Starts With the Leases

Once you rent a building to someone else, the leases become part of what you own. Now the appraiser reads them closely. The rent a tenant actually pays is contract rent. It may or may not match market rent.

If the leases run at market, the two numbers line up and the gap is small. But leases signed years ago often drift. A tenant paying well under market holds a bargain that the owner cannot take back until the lease ends. A tenant paying above market adds income, though only as long as that tenant can keep paying.

Federal appraisal rules for bank loans address this directly. Under 12 CFR 34.44(d), appraisals for federally related transactions must analyze deductions and discounts for non-market lease terms. Partially leased buildings get the same treatment. So the appraiser cannot just assume every lease is at market. Each one gets tested.

A Hypothetical Building, Valued Two Ways

Consider a hypothetical 20,000-square-foot light industrial building in a Chicago suburb. We invented every figure below for illustration.

First, assume the owner’s company occupies all of it. Comparable leases suggest market rent of $10 per square foot, net. That gives $200,000 a year in potential rent. Take out 5 percent for vacancy and collection loss, and you have $190,000. Then subtract $10,000 for costs a landlord would typically absorb, such as management and reserves. Net operating income comes to $180,000. At a 7.5 percent capitalization rate, the indicated value is $2,400,000.

Now change one fact. An unrelated tenant leases the same building at $8 per square foot. Six years remain on the lease. Contract rent is $160,000 a year. That is $40,000 a year below market, every year, until the lease ends.

The appraiser has to account for that shortfall. In this case, the leased fee value would likely come in under $2,400,000. How far under depends on the discount rate and the tenant’s credit. It also depends on the market when those six years run out. Flip the facts, with a strong tenant paying $12, and the leased version could come in higher.

The Owner’s Business Is Not the Building

Owner-users sometimes expect their company’s success to show up in the appraisal. After all, the building is where the money gets made. But a real estate appraisal values the real estate, and the business is a separate asset.

This matters most for restaurants, hotels, and car washes. In those, the operation and the building can feel like one thing. The Interagency Appraisal and Evaluation Guidelines address this. For federally related transactions, they bar using going concern value or value in use as market value. An appraisal can still report those values separately, as long as they are clearly identified.

In practice, the appraisal on your building will often come in below what the whole operation feels worth. That is by design. The SBA has its own rules on separating business value. Our article on SBA appraisal requirements covers them.

What Lenders Should Put in the Engagement

For bankers, occupancy changes more than the appraisal. It also shapes how you classify the loan. The 2006 interagency guidance on CRE concentrations excludes certain loans on owner-occupied buildings. The test is whether repayment comes mainly from the operations of the owner or its affiliate. It covers nonfarm nonresidential loans when 50 percent or more of repayment comes from third-party, nonaffiliated rental income. SBA uses a different test. For an existing building, 13 CFR 120.131 requires the borrower to occupy at least 51 percent. It may lease out the other 49 percent.

So a few lines in the engagement letter save a revision later. Tell the appraiser the current occupancy split, in square feet, between the borrower and outside tenants. State the interest you need valued, fee simple or leased fee. Does the borrower’s real estate LLC lease to its own operating company? Then send that lease too, and ask for a comparison to market rent. Related-party leases are often set for tax or convenience reasons, not market terms.

Finally, ask the appraiser to state a market rent figure even on a fully owner-occupied building. If the borrower’s business struggles, that number tells you what the space could earn from a tenant. Our overview of commercial appraisals for lending covers the rest of what credit reviewers check.

Plan for the Building You Might Own Next Year

If you occupy your building today, the value turns on market rent. Lease part of it out or plan a sale-leaseback, and the lease terms you sign will shape the appraisal for years. A lease set well below market to help your own company can drag down value later.

So before you sign, refinance, or sell, decide which interest you actually need valued. Then give the appraiser the leases, the occupancy split, and the intended use of the report. That keeps the number tied to the question you are asking.

Own the Building Your Business Runs From?

Whether you occupy it, lease part of it, or are weighing a sale-leaseback, we’ll value the right interest. We work from market rent and real lease data in your submarket.

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Frequently Asked Questions

What is the difference between an owner-occupied and an investment property appraisal?

An owner-occupied appraisal usually values the fee simple interest. So the appraiser estimates what the space would rent for at market. An investment property appraisal values the building subject to its existing leases. Contract rents, lease terms, and tenant strength all feed into that value.

Do appraisers use market rent for owner-occupied property?

Yes, in most cases. The owner pays no rent, so the appraiser studies comparable leases on similar buildings to estimate market rent. That rent then drives the income approach, alongside comparable sales.

How is contract rent different from market rent?

Contract rent is what a tenant actually pays under its lease. Market rent is what the space would likely rent for today on typical terms. When a lease runs below or above market, the appraiser accounts for that gap over the remaining term.

What is going-concern value?

Going-concern value is the value of an established business as a whole. That includes its real estate, equipment, and intangible assets. For federally related transactions, interagency guidelines bar using it as market value. An appraisal can still report it separately if clearly identified.

If my company leases the building from my own LLC, is it an investment property?

For valuation, the appraiser reads that lease and tests it against market rent. Related-party leases often stray from market terms. How to classify the loan is a separate question for the lender. Still, the 2006 federal CRE guidance treats space occupied by the owner or its affiliate as owner-occupied.

About PahRoo Appraisal & Consultancy

Owners, investors, and lenders come to PahRoo when they need a commercial value they can defend. Our commercial appraisal team works from our Lincolnwood office. We serve Chicago, Dallas, Philadelphia, Phoenix, and Naples, with deep coverage across Cook County through our Chicago appraisal services. Michael Hobbs, MAI, leads the firm.

Owner-occupied family business real estate being valued in a divorce
The Family Business’s Real Estate and What Gets Appraised in a Divorce

When a divorcing client owns a business, the building often gets lost in the business valuation. Maybe the company owns it outright. Maybe a spouse holds it in a separate LLC and charges rent. Either way, family business real estate usually needs its own appraisal, and how that appraisal fits with your valuation decides whether the numbers hold together.

By the end of this article, you’ll know:

  • Which real estate questions the appraiser answers, and which stay with you
  • How related-party rent can count the building twice
  • What to settle with counsel before anyone sets a value

Family Business Real Estate Is Its Own Asset

A business and the building it occupies are different things to value. The business earns its money from customers, staff, and know-how. The building earns its value from location, size, condition, and the rent it could command.

So an appraiser values the real estate, and a business valuator values the company. In practice, the two reports have to speak to each other. If they don’t, one asset can show up twice, or the building can vanish into a goodwill number nobody can test.

The appraiser’s job here is narrow on purpose. It covers the market value of the land and building. The enterprise, its equipment, and its customer list belong in the business valuation. When a property runs as a going concern, like a restaurant or a car wash, the appraiser separates the real estate from the business. Our conversation on going concern appraisal with Bruce Jones, MAI walks through how that split works, and our piece on special use property covers buildings with few comparable sales.

Who Holds Title Changes the Work

Start with the deed. Ownership usually falls into one of three patterns, and each one asks something different of your model.

First, the operating company may own the building. Then the real estate sits on the company’s balance sheet, often at depreciated cost. That book figure can be far from market value, so an asset-based method needs an appraised number in its place.

Second, one or both spouses may own the building personally or through a separate LLC. The company then pays rent, or sometimes pays none. Now there are two assets to account for, the business and the real estate holding.

Third, the company may rent from an unrelated landlord. In that case there is usually no family real estate to appraise at all. Still, the lease terms affect the business’s costs.

Whether any of these interests is marital, separate, or mixed is a legal question for counsel and the court. Under 750 ILCS 5/503, property acquired during the marriage is presumed marital. But the appraisal stays the same either way. It reports what the property is worth, and the attorneys argue what that value means.

Related-Party Rent Is Where Values Get Counted Twice

This is the part that matters most for your normalization work. When spouses own the building and the business pays them rent, that rent is a related-party number. It may not match the market.

Consider a hypothetical. A family distribution company uses a warehouse owned by the spouses’ LLC and pays no rent. The appraiser concludes the market rent is $60,000 a year. If the business valuation never deducts that rent, the company’s earnings look $60,000 richer than they would under a market lease. That extra income then gets capitalized into business value.

Meanwhile, the appraisal values the warehouse using that same $60,000 of income. At a hypothetical 8% capitalization rate, the building comes in near $750,000. Now the same stream of rent props up two values. The fix is to adjust the business’s rent expense to the market rent from the appraisal, so each asset carries only its own income.

The reverse happens too. Rent can rise before a divorce, which drains reported business income into the real estate entity. Either way, the market rent figure from the appraisal gives you a tested benchmark. For how appraisers build that income figure, see our guide to the income approach for commercial property.

Fee Simple or Leased Fee Should Be Decided Up Front

If a lease exists between the business and the property owner, the appraiser has to know which interest to value. A fee simple value assumes the building is free of that lease and could rent at market terms. A leased fee value reflects the owner’s position subject to the actual lease, including its rent and remaining term.

When the contract rent matches market rent, the two values tend to land close together. When a related-party lease sits well above or below market, they can split apart. A reading on leased fee valuation from Illinois State University lays out how contract rent and market rent drive that difference.

Because the lease was written inside the family, it may not survive the divorce. So the right interest to appraise is a scoping call to settle with counsel and the appraiser before any work begins. Write it into the engagement letter.

For Divorce Attorneys, Settle the Scope Before Anyone Values Anything

Attorneys can head off most of these problems early. A few steps make the experts’ work fit together.

Pull the deed and the entity records first. Who holds title, and through what entity, tells everyone which pattern you have. Then request every lease and the rent actually paid for several years, including any recent changes.

Next, align the valuation date. Section 503(k) sets the date of trial unless the parties agree on another date or the court orders one. The appraiser and the business valuator should work to the same date. Our article on the date of value in a divorce appraisal explains why mismatched dates cause trouble.

Finally, have both experts share their real estate figures before either report is final. That includes the market value, the market rent, and the interest appraised. Section 503(l) also lets the court seek advice from financial experts or other professionals, so a clean, consistent record helps if the court brings in its own.

Get the Building Valued Before the Business Number Is Set

If your engagement involves a business that owns or occupies real estate, ask for the appraisal early. You need the market rent to normalize earnings and the market value to complete the balance sheet. Waiting until the business valuation is done invites rework, or worse, competing appraisals in divorce court that disagree on facts nobody checked.

Is the Building Hiding Inside the Business Value?

PahRoo appraises the real estate on its own, with a market rent figure your business valuation can use. Tell us about the property and who holds title.

Value the Building Separately

Frequently Asked Questions

Is the family business’s building marital property?

That is a legal question for counsel and the court. Illinois presumes property acquired during the marriage is marital, but title, timing, and contributions all matter. The appraisal reports the property’s value either way.

How is company real estate valued in a divorce?

An appraiser sets the market value of the land and building, usually relying on comparable sales and an income analysis based on market rent. Illinois courts value divided assets at fair market value.

Does the business or the building get appraised?

Usually both, by different experts. A real estate appraiser values the property, and a business valuator values the company. Their reports should share the same date and the same market rent figure.

Who owns the property a business uses?

Check the deed. The company may own it, the spouses may hold it personally or through a separate LLC, or an unrelated landlord may own it. Each pattern changes what needs appraising.

Can the building be counted twice in a divorce?

Yes. If the business pays no rent or below-market rent to the spouses, its earnings look higher and the building’s income can inflate the business value too. Adjusting rent to market avoids that.

Real Estate Valuation That Fits the Financial Picture

PahRoo Appraisal & Consultancy appraises commercial and owner-occupied property for CPAs and family law attorneys across Cook County and the Chicago area. Michael Hobbs, MAI, signs our Illinois reports and is available to testify on them. See our commercial appraisal services, our overview of appraisals in divorce proceedings, and our Chicago appraisal coverage.

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