Reimagining Southwest Florida: The Counselors of Real Estate

By Gary Tasman Many people are surprised to learn that as commercial property brokers, our role at Cushman & Wakefield | Commercial Property Southwest Florida (CPSWFL) goes far beyond simply buying, selling, and leasing real estate.  While real estate transactions are certainly our core business, we strive to offer added value to our clients.  Our experience and knowledge of our local market and economic drivers, combined with local and global research and analytics, allow us to provide our clients with nuanced insights. This empowers them to make smart decisions, whether they’re seeking to buy or sell an investment property, relocate a business, or develop a previously vacant parcel. This service—essentially consulting and counseling—has allowed us to become one of the architects of our region’s commercial development landscape. We’ve assisted large corporations, small businesses, nonprofits, and government entities as they seek to solve problems, discover hidden opportunities, and adapt to the evolution of our rapidly growing region. While CPSWFL largely assists clients in Lee, Collier, and Charlotte Counties, there is another entity that is looking at the future of our region and offering their insight into the possibilities Southwest Florida holds. That entity is known as the Counselors of Real Estate, and their work will change Southwest Florida as we know it. Who Are the Counselors of Real Estate? The Counselors of Real Estate (CRE) are a collective of problem solvers. This team of international experts offers unbiased advice on complex matters, including large scale property and development issues. Its credentialed members include real estate brokers, developers, economists, futurists, academics, investors, and experts from the financial and legal realms. Together, they are renowned for “applying rigorous, independent, and informed analysis to complex real estate decisions facing their clientele.” The CRE’s clientele is equally as diverse as its membership. They include government agencies, Fortune 500 companies, investment management firms, developers, pension endowments, appraisers, bankers, architectural and engineering firms, real estate investment trusts, and others. One of the Counselors of Real Estate’s largest initiatives is the CRE Consulting Corps.  This public service program aids nonprofits, educational institutions, and government entities with real estate analysis and action plans on a pro bono basis. This team of CRE volunteers recently advised the Town of Paradise, California on how to rebuild after the Camp Fire of 2018, one of the most destructive disasters in state history. More recently, the Consulting Corps advised the Confederated Tribes of Grande Ronde in Oregon on how to redevelop an industrialized parcel that had once been tribal ancestral homelands. CRE Consulting Corps in Southwest Florida Why have the Counselors of Real Estate turned their attention to Southwest Florida?  Because of one of the most ambitious initiatives ever seen in our region. 18 months ago, our friends at the Collaboratory (formerly the Southwest Florida Community Foundation) announced their community initiative to solve all of Southwest Florida’s social problems on an 18-year deadline. Of course, issues like hunger, domestic violence, transportation, homelessness, childhood education, poverty, public safety, addiction, nutrition, and poverty are not unique to Southwest Florida. At first glance, these challenges may all seem like individual issues.  However, Collaboratory CEO Sarah Owen recognizes the interconnectivity between these issues, and understands that our region’s future development sets the stage for how we manage — and hopefully solve — these complex problems. If you’re familiar with systems theory, you understand that Southwest Florida’s social challenges don’t exist in a vacuum. Defined as “[a] theory of interacting processes and the way they influence each other over time to permit the continuity of some larger whole,” systems theory can apply to science, nature, business, and of course, society. Typically, we address these challenges with a siloed approach. There are hundreds of nonprofits and initiatives across Southwest Florida that do important work tackling issues on an individual basis. However, because these matters are interconnected — or as the Collaboratory says, “entangled”— their progress is limited because each of these issues exists in a system that created or nurtured it. Instead of tackling individual problems, the Collaboratory hopes to rebuild the system that has enabled these problems. But, as Owen explained to us on the season finale of our “What’s Developing in Southwest Florida” podcast, “as we begin to reimagine what our region could be, our natural instinct right is just to build it back exactly as it was.”  Her team at the Collaboratory knows that sometimes it takes an unbiased outsider — or a team of them — to help us understand our own challenges. Creating a Thriving, Developing Southwest Florida If you’re a regular reader of our articles, then you understand how development plays a role in our region’s success. As our population continues to surge, our need increases for more utility, transportation, and communication infrastructure. Our airports expand, creating a demand for more jobs in the tourism and service industries. Higher housing demand for our many new residents pushes out low-income buyers, creating an affordable housing crisis. Challenges like these, and many others, will be tackled by the CRE Consulting Corps as they evaluate and advise the Collaboratory and community leaders across Southwest Florida. The Corps is focused on transforming communities through understanding the region’s challenges. The goal of these experts is to create a realistic, feasible, and achievable road map for solving the community’s concerns. In the Fall of 2022, Corps members visited Southwest Florida at the Collaboratory’s request, to analyze our market and listen to stakeholders. At CPSWFL, our Commercial Property Experts had the opportunity to meet with the Corps to share our knowledge of the development landscape in Southwest Florida. Shortly after their visit, Hurricane Ian hit our region, and the Corps visited again with experts in disaster response and recovery. They will continue to return to offer their expertise on not only the Collaboratory’s 18-year plan, but also on how to reimagine our community after the hurricane. Those that fear that outsiders will be dictating our region’s growth need not worry. Community input and feedback is an essential component of

By Gary Tasman The past year has been a remarkable one in Southwest Florida, and the commercial real estate market is no exception to this trend. Record low vacancy rates, combined with a continued population surge in the region, have driven local demand for commercial property to historic levels. In contrast, high interest rates, inflation, and hybrid work conditions have made the commercial property outlook in other parts of the nation much less positive. With 2022 now behind us, our team at Cushman & Wakefield | Commercial Property Southwest Florida (CPSWFL) is taking the opportunity to reflect on some of the landmark transactions we’ve overseen during the last 12 months. While each of these transactions were remarkable in their own right, together they speak to the strength of the commercial real estate market in Southwest Florida. Industrial Development Near RSW Since the start of the pandemic, commercial development near Southwest Florida International Airport has been surging. Alico Road, Daniels Parkway and Ben Hill Griffin Parkway are lined with new warehouses, distribution hubs and fulfillment centers. With our strategic location conveniently placed between Florida’s two largest metropolitan areas, it’s no wonder that developers, online retailers, and distributors have taken notice of Southwest Florida. In 2022, the most significant transaction in this corridor was the sale of 312.5 acres located at 16200 Ben Hill Griffin Parkway. Sold by our team in May for $40 million, the property has frontages on three major roadways, including Interstate 75, Ben Hill Griffin Parkway and Airport Access Road. With nearly all of the property around it already in development, the property was in high demand, receiving multiple bids from all across the country. The land’s previous owner, Youngquist Brothers, made numerous investments in the property to prepare it for sale, including clearing the land and securing entitlement for a master planned development to include industrial, office, medical, and hotel construction. The property is currently in permitting for development of the Gulf Landing Logistics Center, a mixed-use planned development. The sale of this property speaks to the strength of Southwest Florida as a market for industrial development.  At the time of the sale, the industrial vacancy rate in Southwest Florida was a mere 1.0%, a number substantially lower than the 3.1% rate in the rest of the country. While projects like the Gulf Landing Logistics Center will surely make a dent in industrial vacancies, we anticipate that demand will continue to outpace supply in the industrial sector. Mixed-Use Development in Estero An equally notable transaction for our team was the $32 million sale of 45.6 acres at the intersection of Tamiami Trail and Coconut Road in Estero. The previous owner of the land, Lee Health, had initially purchased it as an investment property as it built Lee Health Coconut Point. The hospital system had worked with the Village of Estero to create a plan for a mixed-use development on the property.  Our team was tasked to find a developer that shared the same vision for the land. The buyer, Woodfield Development and ELV Associates, plans to build a world-class mixed use project on the site, with market-rate multi-family housing alongside retail, restaurants, office, and more. We anticipate that the parcel will also house a community center or cultural center. We’ve all heard the cliche that the three most important factors in real estate are location, location, and location, and this property is a prime example. Located on US-41, directly across the street from the bustling Coconut Point shopping center, the land also has significant infrastructure already in place, which will allow the new developer to hit the ground running. Improving Southwest Florida’s Office Stock One of the most symbolic transactions we brokered in 2022 was the sale of 5220 Summerlin Commons Boulevard in Fort Myers. Sold for $10.25 million, the five-story building is particularly important to us because the fifth floor houses our CPSWFL headquarters. While office real estate sales have been slow nationally, the commercial office market in Southwest Florida has been very competitive. At mid-year, our region’s office vacancy rate hovered around 5%, well below the national average of nearly 18%. Again, we can attribute our rapid population growth to this trend. But while office properties may be a hot commodity in our area, Southwest Florida’s existing stock of office space is dated. Years with very little speculative development in our area have led to a shortage of modern space. To many investors, our area’s older office buildings signal a great opportunity to buy antiquated office stock and add value through upgrades. This can include “smart building” improvements, which not only make an office more efficient but also drive higher rents in the long run. Satisfying the Need for Multi-Family Housing Our final two landmark transactions in 2022 will provide some much-needed multi-family housing in two areas with a desperate need for apartments: Cape Coral and Naples. Located near the intersection of Chiquita Boulevard and Pine Island Road in Cape Coral, the property that will house The Hadley sold for $14.65 million in June. The 444-unit multifamily project was fully approved and ready to go vertical at the time of the sale. It is one of several large multifamily developments currently under construction in the Cape, an area that has struggled to keep up with its rapid growth and need for rental properties. More Class A apartment space is also coming to Naples, where we brokered the sale of three conjoined parcels totalling nearly 19 acres at 8552 Collier Boulevard, just west of the Florida Sports Park. The parcels sold in August for $8.995 million, and will be developed into Fiori, a 303-unit multifamily complex. Both of these multi-family properties are the vision of The Latigo Group LLC, a Los Angeles-based real estate development and investment company focused on high quality multi-family properties in strategic markets. The complexes, which are expected to open in 2024, will feature resort-style amenities like fitness and wellness features, resort-style pools, coworking spaces, and more. Both will offer one,

By Gary Tasman The year 2022 is one we won’t soon forget here in Southwest Florida. We started the year with record-breaking inflation, as supply chain issues, labor shortages, and the costs of materials all drove prices higher. At the time, we predicted a busy year for both land and development deals, thanks to record-low supply. We also predicted that the then-anticipated interest rate hikes by the Federal Reserve Bank would flatten prices and slow sales of both commercial and residential properties.  What we didn’t predict was Hurricane Ian– or how the worst disaster in Southwest Florida history would impact our economy and our property market. As we look ahead to our commercial property predictions for 2023, it would be impossible to ignore Ian’s impact. Unarguably, Hurricane Ian changed the course of development in Southwest Florida. With more than $5 billion in estimated damages in Lee County alone, our region is focused not just on building, but on rebuilding. In many ways, the hurricane will accelerate growth in our region, thanks to infrastructure funding that will bolster our emergency preparedness as a region. Where will we see growth in 2023? Continue reading for our five commercial property trends to watch. Affordable Housing on the Fast Track Affordable housing has been a concern across the state and particularly in Southwest Florida for years. The Florida Housing Coalition announced this year that there was a statewide deficit of close to half a million homes that are affordable to lower- and middle-income families. The agency estimates that in Lee County, one-quarter of homeowners are cost-burdened, meaning they spend more than 30% of their annual income on housing expenses. The numbers are similar in Collier (25.7%) and Charlotte (23.4%) counties. Renters carry an even larger burden. In Lee, 48.3% of renter households are cost-burdened, with Collier County renters at 50.2% and Charlotte renters at 52.3%. Although we anticipate that rent growth and home prices will level off, we don’t foresee prices falling down to pre-pandemic levels. The demand erosion caused by the national economic slowdown will largely be offset by expansion in our area due to the hurricane. With more than 5,000 homes destroyed in Lee County alone (and countless others rendered with major damage), demand will remain high for both long-term and temporary housing. Initiatives from Fannie Mae and Freddie Mac will work to alleviate some of our affordable housing woes, and new multifamily developments coming online will add much-needed supply to our housing stock. However, our community’s leaders know that to truly solve our region’s housing crisis, we need to increase supply, and create equilibrium between supply and demand. Unfortunately, increasing our supply of housing and rental stock will take time, and 2023 is too soon to see relief. Construction costs are high due to shortages of both materials and labor, and the cost to borrow money for development also presents a challenge. However, Hurricane Ian has made our housing conundrum more urgent than ever, and we expect that local governments will be motivated to take action. The Reimagining of the Office Part of the reason for our region’s housing woes is the population explosion we experienced during the pandemic in 2020 and 2021.  Office workers with newly-remote positions were given the opportunity to work from anywhere in the world. Many chose to live in paradise and relocated to Southwest Florida. As of 2022, 26% of American employees work entirely remotely, and nearly two-thirds of U.S. workers are at least partly remote. This creates a challenge for office-based employers, who will need to re-think their work model or face the possibility of losing employees to companies with more flexible policies. Another, more local, factor will also force office occupiers to reconsider their model. Prior to the hurricane, our region’s supply of commercial real estate was already limited. The Southwest Florida office property vacancy rate was a shockingly low 4.8% entering the fourth quarter of 2022, according to our MarketBeats report for Q3 2022. In line with the low supply, office asking rent had climbed to $20.79 per square foot, an increase of nearly 12% from just 24 months earlier. With wages also growing by close to 8% over that same period, employers will need to find ways to cut costs. While it’s unlikely that most employers will switch to a fully-remote workforce, the need for cost containment will encourage many businesses to switch to a hybrid model to reduce operating costs and satisfy employee desires for more freedom. And while hybrid work may reduce some demand for office space in our area, we predict that some of our more antiquated commercial stock will be redeveloped into industrial space or even multi-family properties to satisfy the region’s needs. Pent-Up Demand for Mega-Resorts Hurricane Ian impacted more than just homes and offices– repairs are underway at numerous hotels and resorts across Southwest Florida. Three of the largest resorts in Collier County, the Ritz-Carlton Naples, Vanderbilt Beach Resort and LaPlaya Beach Resort, sustained major damage. Others in Lee County, especially those on vacation mecca Fort Myers Beach, are either closed for repairs or permanently shut down. As of early November, roughly 40% of Lee County’s hotel rooms still remained closed. With little room for tourists this season, our region will see a substantial buildup of demand for lodging options. Yes, tourism numbers are likely down for at least the next year, but a number of new mega-resorts will alleviate the strain as vacationers and snowbirds begin to arrive in late 2023.  Margaritaville in Fort Myers Beach and Sunseeker Resort in Punta Gorda will be joined by a Four Seasons resort in Naples, all in planning well before Hurricane Ian. Once these resorts come online, we expect that they will produce outstanding occupancy and positive room rates, thanks to the pent-up demand for quality vacation spots. Once these resorts prove the concept, like-minded investors will want to join the party. With tourism still the region’s major economic driver, new resorts will not only bring in

By Gary Tasman There are a lot of reasons to love Southwest Florida: beautiful beaches, abundant activities, and a snow-free environment typically top residents’ lists. But ask the average Southwest Floridian what they dislike most about our region, and you’ll often hear the same answer over and over again: traffic. That response likely wouldn’t survive employees at navigation app developer TomTom. The TomTom Traffic Index, which analyzes urban congestion worldwide, ranks the Fort Myers-Cape Coral area as the 13th most congested metro area in the entire United States, just behind Philadelphia, Atlanta, and Tampa. TomTom estimates that Lee County drivers lose 73 hours sitting in traffic in a year– more than three days’ worth of time. Fortunately, work-from-home initiatives, new transportation corridors, and employers who have relocated to more commuter-friendly locations have relieved some congestion in our region. For those Southwest Floridians still frustrated by traffic, we have good news: More relief is coming from the Florida Department of Transportation (FDOT). Transportation Infrastructure and Population Growth FDOT has been paying close attention to population growth in our region as it prepares for the transportation needs of the future. Between Lee, Collier, and Charlotte Counties, 100 new residents are moving to our region daily. Lee County is one of the 10 fastest-growing counties in the United States, growing 19% in the last decade. All three counties are expected to continue growing at a rapid pace for the foreseeable future. Explosive population growth like ours nurtures demand for new services, new industries, and new jobs. The pressure generated by each of these factors will urge significant investments in transportation infrastructure. For example, as Northwest Cape Coral’s population expands, the widening of Burnt Store Road will allow residents better access to Interstate 75. Other transportation projects in the works promise to relieve traffic at I-75 and Colonial Boulevard in Fort Myers and improve access to the interstate for commuters in Golden Gate. However, I-75 itself is also a focus. FDOT Southwest Connect Program FDOT’s Southwest Connect program takes interstate connectivity a step further than the aforementioned initiatives. According to FDOT, each project within the program is expected to move people and goods safely and efficiently while balancing regional transportation needs with community concerns. The four pillars of FDOT’s program are: interstate improvements to accommodate long-term needs for capacity and mobility; new interchanges to I-75 and accessibility improvements to existing interchanges; enhanced liveability and economic growth through complete streets design principles; and multi-modal accommodations to enhance access, efficiency and safety in transportation. As FDOT works to identify the future transportation needs of our community, it will engage the public and local agencies, including county and city governments. Possible transportation alternatives may include strategies like managed lanes like those dedicated to carpool/high occupancy vehicles, truck-only lanes, or express lanes. Improving access and flow on the interstate will surely relieve some of our region’s traffic woes. However, numerous other initiatives and studies, particularly in Lee County, are focused on reducing the number of vehicles on our roads altogether. Public Transit Initiatives in Lee County A $3.89 million improvement project to LeeTran’s Rosa Parks Transportation Center in midtown Fort Myers is adding four more bus bays and expanding access for bicyclists, pedestrians, and persons with limited mobility. The improvements will be the first of any significance for the facility since it opened 22 years ago, and a welcome sight for anyone who depends on public transit in Lee County. The Southwest Florida Vanpool Program also reduces the number of vehicles on our roads by providing a low-cost, convenient commute. The fleet, provided by Enterprise, includes large passenger vans, minivans and crossover vehicles. The program allows coworkers who live near one another to form vanpools of up to 15 commuters, who share expenses and driving responsibilities. However, the most futuristic of FDOT’s initiatives is the autonomous shuttle program it hopes to implement in the next five years. LeeTran has been identified as a partner transit agency, and a potential route for the driverless shuttle is being identified in downtown Fort Myers. While the initial stage of this program may not make a significant impact on our region’s overall traffic woes, the program itself is evidence of FDOT’s willingness to look at outside-the-box solutions to our area’s traffic woes. Transportation Infrastructure and Commercial Real Estate Naturally, when we talk about improvements to transportation in our region, most of us wonder how they will impact our own daily commutes. However, the importance of transportation infrastructure improvements expands far beyond our own personal convenience. Investment in transportation infrastructure is vital to the health of the commercial real estate market in any community. Residents need access to goods and services, employers need access to personnel, and manufacturers need access to distributors and warehouses. Commercial growth in Southwest Florida has closely followed infrastructure investment, and this trend will continue as our population boom continues. The ability to transport goods, services, and employees are vital to the success of our region’s businesses. With transportation advancements, smart businesses will be able to reduce costs, boost their productivity, and create jobs for the 100 newcomers a day that arrive in our region. How will transportation changes in Southwest Florida impact your business? Are you in the right location to take advantage of our region’s growth? If you’re seeking the answers to these questions, contact the Commercial Property Experts at Cushman & Wakefield | Commercial Property Southwest Florida. Our team of commercial real estate professionals has the knowledge and experience to help guide you and your business. Call us at 239-489-3600 or contact us.

By Gary Tasman If you’ve lived in Florida long enough, you understand the emotional roller-coaster that recovery from a disastrous event like Hurricane Ian can produce. In the days after the storm, it’s easy to toy with the thought of moving to a landlocked state– or at least an interior community. “Never again,” we say.  However, most residents and businesses choose to stay, either out of a love for our Southwest Florida lifestyle, a sense of obligation to the community, or possibly because of sheer stubbornness. The interaction between those who choose to stay, those who move away, and those who seek new opportunities in the region all play a significant role in shaping our commercial property landscape. Supply, Demand and Post-Hurricane Recovery Immediately after a disaster event, property owners and managers conduct an assessment of the impact of the storm. This can include inspecting structures for physical damage and mechanical failures, determining what services and utilities will need to be restored, and assessing what repairs or resources will be needed to restore operations to normal. Difficult decisions are often made during this first phase. Property owners need to determine if damage should– or can– be repaired. Expenses, safety concerns, and other considerations may render a facility beyond repair. For these properties, owners will need to decide whether to rebuild or sell. While you might think that property owners will have challenges selling after a disaster, in actuality, Hurricane Ian will transform our commercial real estate market into an even stronger seller’s market.  We entered the summer and fall hurricane season with an exceptionally tight inventory of office and industrial space available.  At the end of the third quarter, our MarketBeat reports showed an office vacancy rate of 4.8%, substantially below our area’s ten-year average of 7.7% and the national average office vacancy of 17.8%. Industrial properties were even more difficult to secure, with a record-breaking low vacancy rate of 0.7%, compared to 3.2% nationally. Because of the number of properties that were either temporarily or irreparably damaged during the Hurricane, the available commercial inventory will become even tighter. At the same time, demand will spike because of the many businesses that need to relocate to continue operating. This interaction between an already record-low supply and high demand will cause prices on commercial properties to increase. The Impact of Newcomers to Southwest Florida Helping local businesses get back on their feet and find new space has been a priority for the Cushman & Wakefield | Commercial Property Southwest Florida (CPSWFL) team since the moment Hurricane Ian passed our region. Many of our early efforts also included helping government agencies, nonprofits, disaster recovery companies, and others involved in emergency response as they flocked to our region to assist after the storm. CPSWFL was ready to help those who came to help us. For example, we assisted FEMA in securing a sublease of Gartner’s then-vacant office space in Gateway, so that the agency could begin offering recovery services as quickly as possible. Newcomers are also arriving in the form of commercial real estate investors. For the last several weeks, our brokerage has received numerous inquiries from developers prepared to invest billions of dollars in commercial properties in Southwest Florida. At the same time, we are also fielding calls from many property owners with older buildings– standing or not– who want to know what their land is worth before deciding to sell. New builders in our area will receive economic benefits from disaster recovery grants that will allow them to build back better, stronger, and more efficiently. While they’ll need to pay a premium because of our staggeringly low inventory, they will reap the benefits of properties with proven locations and infrastructure already in place. Sellers, on the other hand, will be able to offload their properties in as-is condition and still come out of the transaction in good financial condition, particularly when compared to what they could have sold their properties for before the storm. While some may find it easy to look at these real estate investors as opportunists, their arrival will produce a number of positive benefits for our community. Hurricane Ian’s Silver Lining For the thousands who have lost loved ones, their homes, or their livelihoods in the wake of Hurricane Ian, it may be difficult to believe that there is a silver lining to the storm’s impact. However, one does exist. Most Floridians are aware of the building code changes that occurred after Hurricane Andrew in 1992.  Buildings that were constructed prior to Andrew were built to lower requirements for elevation and construction durability. However, numerous changes at the municipal level, as well as the 2002 Florida Building Codes, have made new construction much safer and more hurricane-resistant. Many of our coastal high hazard areas like Fort Myers Beach, Sanibel, Captiva and Pine Island,  held a disproportionate number of older buildings, constructed before the Florida Building Codes were enacted.  These structures were simply not designed to withstand the level of force that Hurricane Ian brought, and many were destroyed or damaged irreparably.  However, as investors replace this old building stock with new properties, our market’s inventory will be replaced with higher quality, more durable buildings at higher elevations. Better-constructed communities will produce positive impacts on property values and municipal revenues. In turn, this will allow for improvements to infrastructure like roads, bridges, parks and other municipal investments. We’ve seen this cycle happen before. After Hurricane Charley devastated Punta Gorda, the community experienced a renaissance of commercial revitalization along the Peace River that continues to this day. Newer, stronger buildings in our region will also have another positive impact. Our state’s property insurance woes are well-documented. Currently, insurance companies balk to issue policies to those in high-risk areas, and the available policies typically charge extraordinarily high premiums.  However, as the quality of our state and region’s building stock improves over time, the risk of insuring properties in our state becomes lower, and the average cost of a property

By Gary Tasman Whenever a disaster like Hurricane Ian occurs, fraudsters seem to come out of the woodwork, offering to repair roofs, remove trees, or expedite government assistance. And while most of us are on high alert to these types of scams, there are many types of fraud that occur every day without our awareness. One of the most common is real estate fraud, which can impact both residential and commercial property owners, often with devastating consequences. In 2021, real estate and rental cybercrime losses totaled $350 million, an increase of more than 64% from the previous year. More than 11,500 victims were targeted by these scams, to the tune of more than $30,000 in losses per victim. There are multiple types of real estate fraud that bad actors can commit to dupe buyers and sellers. These include wire fraud, land fraud, mortgage fraud and rental fraud. While all of these are significant, we’d like to focus specifically today on wire fraud and land fraud, which have become two of the most predominant forms of deception in the real estate industry. What is Real Estate Wire Fraud? Put simply, wire fraud is a scam that involves the use of telecommunications– and in real estate, this typically means email, although it can also occur via fax, phone, or even text messaging.  In real estate, the most common form of wire fraud will trick a buyer into transferring a large sum of money– such as a good faith deposit, downpayment, or closing costs– to a fraudulent bank account. One survey of title agents indicated that wire fraud attempts occurred in roughly 33% of all real estate transactions in 2020. How does this happen? If you’ve ever purchased a property, you understand how complex the transactions can be. They can involve multiple realtors, mortgage companies, title agents, and even attorneys. As the closing date draws near, there is often a flurry of emails and calls while the final details are worked out. Scammers take advantage of this frenetic situation and send a legitimate-looking email to the buyer, stating that the wire transfer instructions have changed and offering new instructions. The buyer, eager to expedite the closing, wires the money as directed, and doesn’t realize until the next day that the legitimate account never received the funds. Typically these scams first start through a phishing email. Bad actors will send malicious emails to realtors, brokers, attorneys, title agents and similar parties, in the hopes that someone will click on a phishing link and download spyware to their computer. “Once that email is clicked on, you might as well have invited the fraudster to sit behind you and just watch everything that you do,” says David Lanaux, President/Owner of Title Professionals of Florida. “They look at what’s going on, they see the communications getting passed back and forth between themselves and the client, and when the timing is right, because they know when the closing’s going to happy, that’s when they interject and send that client new wire instructions, new information that changes the whole course of the transaction, and before you know it, that money is gone.” Lanaux has become very familiar with real estate fraud.  On the most recent episode of our “What’s Developing in Southwest Florida?” podcast, Lanaux revealed that his company has caught nine attempts at fraud in just the last two months, although not all were wire fraud attempts. According to Lanaux, the Southwest Florida real estate market is particularly susceptible to wire fraud because close to 50% of real estate transactions in our area are cash sales, making scams like these a lucrative proposition. What is Real Estate Land Fraud? Land fraud can also impact both residential and commercial transactions. In this scam, a huckster represents themselves as the owner of an undeveloped property and contacts a real estate agent or broker to sell it, often at a reduced price to encourage a rapid sale. This scam is also sometimes called title fraud. Land and title fraud are most common when the rightful property owner lives out of the country or does not regularly check on the property. An example of this happened in Cape Coral in late 2020, when an out-of-state couple purchased a vacant lot for less than $8,000, below its assessed value. The owner, who lived in France, discovered that her property had been sold out from under her when she didn’t receive her annual property tax bill. She was also bilked out of a Port Charlotte property. Preventing Real Estate Fraud Real estate industry professionals, as well as buyers, sellers, and property owners can all take steps to reduce the incidence of real estate fraud. Cybersecurity needs to be a top priority, as just one malicious link can open the door for scammers. Hackers can and will target anyone involved with real estate transactions, including lenders, attorneys, real estate brokers and title agencies. The Federal Trade Commission offers a number of resources to recognize and avoid phishing scams. Professionals should also alert their clients to be wary of any email that contains wire transfer instructions or other requests for financial information. Real estate agents and brokers should be familiar with the red flags that are common in land fraud attempts. These include sellers who appear out of the blue and are eager to unload a property quickly for less than market value. Other red flags include sellers who are located out of the country or who only want to communicate over email. Lanaux recommends asking for seller identification up front and working with your title company to verify the seller’s credentials. Buyers must be skeptical of any email or text message they receive about wiring a down payment or deposit. If they receive an email with new wire transfer instructions, they should immediately call the purported sender and confirm before clicking any links. Additionally, buyers can provide themselves with peace of mind by doing their own independent research on a property before making a