Restaurants are a favorite commercial property for many investors because: - Tenants      often sign very long term, e.g. 20 years absolute triple net (NNN)      leases.  This means, besides the      rent, tenants also pay for property taxes, insurance and all maintenance      expenses.  The only thing the      investor has to pay is the mortgage, which in turn offers very predictable      cash flow.  There are either no or      few landlord responsibilities because the tenant is responsible for      maintenance. This allows the investor more time to do important thing in      life, e.g. retire.  All you do is      take the rent check to the bank.  This      is one of the key benefits in investing in a restaurant or single-tenant      property.
- Whether rich or poor, people need to eat.  Americans are eating out more often as      they are too busy to cook and cleanup the pots & pans afterwards which      often is the worst part!  According to      the National Restaurant Association, the nation’s restaurant industry      currently involves 937,000 restaurants and is expected to reach      $537 billion in sales in 2007, compared to just $322 billion in 1997 and      $200 billion in 1987 (in current dollars). In 2006, for every dollar      Americans spend on foods, 48 cents were spent in restaurants.  As long as there is civilization on      earth, there will be restaurants and the investor will feel comfortable that      the property is always in high demand.
- You know your tenants will take very good care of your property      because it’s in their best interest to do so.  Few customers, if any, want to go to a      restaurant that has a filthy bathroom and/or trash in the parking      lot.  
However, restaurants are not created equal,… from an investment viewpoint.
Franchised versus Independent
One often hears that 9 out of 10 new restaurants will fail in the first year; however, this is just an urban myth as there are no conclusive studies on this.  There is only a study by Associate Professor of Hospitality, Dr. H.G. Parsa of Ohio State University who tracked new restaurants located in the city Columbus, Ohio during the period from 1996 to 1999 (Note: you should not draw the conclusion that the results are the same everywhere else in the US or during any other time periods.)  Dr. Parsa observed that seafood restaurants were the safest ventures and that Mexican restaurants experience the highest rate of failure in Columbus,  OH. His study also found 26% of new restaurants closed in the first year in Columbus, OH during 1996 to 1999.  Besides economic failure, the reasons for restaurants closing include divorce, poor health, and unwillingness to commit immense time toward operation of the business. Based on this study, it may be safe to predict that the longer the restaurant has been in business, the more likely it will be operating the following year so that the landlord will continue to receive the rent.
For franchised restaurants, a franchisee has to have a certain minimal amount of non-borrowed cash/capital, e.g. $300,000 for McDonalds, to qualify.  The franchisee has to pay a one-time franchisee fee about $30,000 to $50,000 and on-going royalty between 4-12% of sales revenue.  In turn, the franchisee receives training on how to set up, and operate a proven and successful business without worrying about the marketing part.  As a result, a franchised restaurant gets customers as soon as the open sign is put up. Should the franchisee fail to run the business at the location, the franchise may replace the current franchisee with a new one. The king of franchised restaurants is the fast-food chain McDonalds with over 32000 locations in 118 countries (about 14,000 in the US) as of 2010.  It has an average of $2M in revenue per US location. McDonalds currently captures 46% market share of the $58.88 billion US fast-food market. Distant behind is Burger King with 14.3% of the market share.  McDonalds’ success apparently is not the result of how delicious its Big Mac tastes but something else more complex.  Per a survey of 28,000 online subscribers of Consumer Report magazine, McDonalds hamburgers rank last among 18 national and regional fast food chains. It received a score of 5.6 on a scale of 1 to 10 with 10 being the best, behind Jack In the Box (6.3), Burger King (6.3), Wendy’s (6.6), Sonic Drive In (6.6), Carl’s Jr (6.9), Back Yard Burgers (7.6), Five Guys Burgers (7.9), and In-N-Out Burgers (7.9). 
Fast-food chains tend to detect new trends faster.  For example, they are open as early as 5AM as Americans are increasingly buying their breakfasts earlier.  They are also selling more café latte & fruit smoothies to compete with Starbucks and Jumba Juice.  You also see more salads on the menu.  This gives customers more reasons to stop by at fast-food restaurants and make them more appealing to different customers. 
With independent restaurants, it often takes a while to for customers to come around and try the food.  These establishments are especially tough in the first 12 months of opening, especially with owners of minimal or no proven track record.  So in general, “mom and pop” restaurants are risky investment due to initial weak revenue.  If you choose to invest in a non-brand name restaurant, make sure the return is proportional to the risks that you will be taking.
Sometimes it is not easy for you to tell if a restaurant is a brand name or non-brand name.  Some restaurant chains only operate, or are popular in a certain region.  For example, WhatABurger restaurant chain with over 700 locations in 10 states is a very popular fast-food restaurant chain in Texas and Georgia.  However, it is unknown on the West Coast as of 2010.  Brand name chains tend to have a website listing all the locations plus other information.  So if you can find a restaurant website from Google or Yahoo you can quickly discern if an unfamiliar name is a brand name or not. You can also obtain basic consumer information about almost any chain restaurants in the US on www.wikipedia.org.  
  
Lease & Rent Guaranty
The tenants often sign a long term absolute triple net (NNN) lease.  This means, besides the base rent, they also pay for all operating expenses: property taxes, insurance and maintenance expenses. For investors, the risk of maintenance expenses uncertainty is eliminated and their cash flow is predictable.  The tenants may also guarantee the rent with their own or corporate assets.  Therefore, in case they have to close down the business, they will continue paying rent for the life of the lease.  Below are a few things that you need to know about the lease guaranty:
- In general, the stronger the guaranty the lower the return of your      investment. The guaranty by McDonalds Corporation with a strong “A” S&P      corporate rating of a public company is much better than a small corporation      owned by a franchisee with a few restaurants. Consequently, a restaurant with a McDonalds      corporate lease normally offers low 6-7% cap (return of investment in the      1st year of ownership) while McDonalds with a franchisee guaranty (over      75% of McDonalds restaurants are owned by franchisees) may offer 6.5-7.5%      cap. So figure out the amount of risks you are willing to take as you      won’t get both low risks and high returns in an investment.
- Sometimes a multi-location franchise will form a parent company to      own all the restaurants.  Each restaurant      in turn is owned by a single-entity Limited Liabilities Company (LLC) to      shield the parent company from liabilities. So the rent guaranty by the      single-entity LLC does not mean much since it does not have much assets.
- A good, long guaranty does not make a lemon a good car. Similarly,      a strong guaranty does not make a lousy restaurant a good investment. It      only means the tenant will make every effort to pay you the rent.  So don’t judge a property primarily on      the guaranty. 
- The guaranty is good until the corporation that guarantees it      declares bankruptcy.  At that time,      the corporation reorganizes its operations by closing locations with low      revenue and keeping the good locations, (i.e. ones with strong sales).  So it’s more critical for you to choose a      property at a good location.  If it      happens to have a weak guaranty, (e.g. from a small, private company), you      will get double benefits: on time rent payment and high return.
- If you happen to invest in a “mom & pop” restaurant, make sure      all the principals, e.g. both mom and pop, guarantee the lease with their      assets.  The guaranty should be      reviewed by an attorney to make sure you are well protected.
Location, Location, Location 
A lousy restaurant may do well at a good location while those with a good menu may fail at a bad location.  A good location will generate strong revenue for the operator and is primarily important to you as an investor. It should have these characteristics:
- High traffic volume: this will draw more customers      to the restaurant and as a result high revenue.  So a restaurant at the entrance to a      regional mall or Disney World, a major shopping mall, or colleges is      always desirable. 
- Good visibility & signage: high traffic volume must be      accompanied by good visibility from the street.  This will minimize advertising expenses      and is a constant reminder for diners to come in. 
- Ease of ingress and egress: a restaurant located on a      one-way service road running parallel to a freeway will get a lot of      traffic and has great visibility but is not at a great location.  It’s hard for potential customers to get      back if they miss the entrance.  In      addition, it’s not possible to make a left turn.  On the other hand, the restaurant just      off freeway exit is more convenient for customers.
- Excellent demographics: a restaurant should do well in      an area with a large, growing population and high incomes as it has more      people with money to spend. Its business should generate more and more      income to pay for increasing higher rents.
- Lots of parking spaces: most chained restaurants have      their own parking lot to accommodate customers at peak hours.  If customer cannot find a parking space      within a few minutes, there is a good chance they will skip it and/or won’t      come back as often. A typical fast food restaurant will need about 10 to      20 parking spaces per 1000 square feet of space. Fast food restaurants,      e.g. McDonalds will need more parking spaces than sit down restaurants,      e.g. Olive Garden.
- High sales revenue: the annual gross revenue      alone does not tell you much since larger--in term of square      footage--restaurant tends to have higher revenue.  So the rent to revenue ratio is a better      gauge of success. Please refer to rent to      revenue ratio in the due diligence section for further discussion.
- High barriers to entry: this simply means that it’s      not easy to replicate this location nearby for various reasons: the area      simply does not have any more developable land, or the master plan does      not allow any more construction of commercial properties, or it’s more      expensive to build a similar property due to high cost of land and      construction materials.  For these      reasons, the tenant is likely to renew the lease if the business is      profitable.
Financing Considerations
In general, the interest rate is a bit higher than average for restaurants due to the fact that they are single-tenant properties.  To the lenders, there is a perceived risk because if the restaurant is closed down, you could potentially lose 100% of your income from that restaurant.  Lenders also prefer national brand name restaurants.   In addition, some lenders will not loan to out-of-state investors especially if the restaurants are located in smaller cities.  So it may be a good idea for you to invest in a franchised restaurant in major metro areas, e.g. Atlanta, Dallas. In 2009 it’s quite a challenge to get financing for sit-down restaurant acquisitions, especially for mom and pop and regional restaurants due to the tight credit market.  However, things seem to have improved a bit in 2010.  If you want to get the best rate and terms for the loan, you should stick to national franchised restaurants in major metros.
When the cap rate is higher than the interest rate of the loan, e.g. cap rate is 7.5% while interest rate is 6.5%, then you should consider borrowing as much as possible.  You will get 7.5% return on your down payment plus 1% return for the money you borrow.  Hence your total return (cash on cash) will be higher than the cap rate.   Additionally, since the inflation in the near future is expected to be higher due to rising costs of fuel, the money which you borrow to finance your purchase will be worth less. So it’s even more beneficial to maximize leverage now. 
Due Diligence
You may want to consider these factors before deciding to go forward with the purchase:
- Tenant’s financial information: The restaurant business is      labor intensive. The average employee generates only about $55,000 in      revenue annually.  The cost of      goods, e.g. foods and supplies should be around 30-35% of revenue; labor      and operating expenses 45-50%; rent about 7-12%. So do review the profits      and loss (P&L) statements, if available, with your accountant.  In the P&L statement, you may see      the acronym EBITDAR.  It stands for Earnings Before Income Taxes,      Depreciation (of equipment),      Amortization (of capital      improvement), and Rent.  If you don’t see royalty fees in P&L      of a franchised restaurant or advertising expenses in the P&L of an      independent restaurant, you may want to understand the reason why. Of      course, we will want to make sure that the restaurant is profitable after      paying the rent.  Ideally,      you would like to see net profits equal to 10-20% of the gross revenue.      In the last few years the economy has taken a beating.  As a result, restaurants have      experienced a decrease in gross revenue of around 3-4%. This seems to have      impacted most, if not all, restaurants everywhere. In addition, it may      take a new restaurant several years to reach potential revenue      target.  So don’t expect new      locations to be profitable right away even for chained restaurants.  
- Tenant’s credit history: if the tenant is a private      corporation, you may be able to obtain the tenant’s credit history from      Dun & Bradstreet (D&B).       D&B provides Paydex score, the business equivalent of FICO,      i.e. personal credit history score.       This score ranges from 1 to 100, with higher scores indicating      better payment performance.  A      Paydex score of 75 is equivalent to FICO score of 700.  So if your tenant has a Paydex score of      80, you are likely to receive the rent checks promptly.
- Rent to revenue ratio: this is the ratio of base      rent over the annual gross sales of the store. It is a quick way to      determine if the restaurant is profitable, i.e. the lower the ratio, the      better the location.  As a rule of      thumb you will want to keep this ratio less than 10% which indicates that      the location has strong revenue.  If      the ratio is less than 7%, the operator will very likely make a lot of      money after paying the rent.  The      rent guaranty is probably not important in this case.  However, the rent to revenue ratio is      not a precise way to determine if the tenant is making a profit or      not.  It does not take into account      the property taxes expense as part of the rent. Property taxes--computed      as a percentage of assessed value--vary from states to states.  For example, in California      it’s about 1.25% of the assessed value, 3% in Texas,      and as high as 10% in Illinois.  And so a restaurant with rent to income      ratio of 8% could be profitable in one state and yet be losing money in      another.
- Parking spaces: restaurants tend to need a      higher number of parking spaces because most diners tend to stop by within      a small time window.  You will need      at least 8 parking spaces per 1000 Square Feet (SF) of restaurant space.  Fast food restaurants may need about 15      to 18 spaces per 1000 SF.
- Termination Clause: some of the long term leases      give the tenant an option to terminate the lease should there be a fire      destroying a certain percentage of the property.  Of course, this is not desirable to you      if that percentage is too low, e.g. 10%.       So make sure you read the lease. You also want to make sure the      insurance policy also covers rental income loss for 12-24 months in case      the property is damaged by fire or natural disasters.
- Price per SF: you should pay about $200 to      $500 per SF.  In California you have to pay a premium,      e.g. $1000 per SF for Starbucks restaurants which are normally sold at      very high price per SF. If you pay more than $500 per SF for the      restaurant, make sure you have justification for doing so.
- Rent per SF: ideally you should invest in      a property in which the rent per SF is low, e.g. $2 to $3 per SF per      month.  This gives you room to raise      the rent in the future.  Besides,      the low rent ensures the tenant’s business is profitable, so he will be around      to keep paying the rent.  Starbucks      tend to pay a premium rent $2 to 4 per SF monthly since they are often      located at a premium location with lots of traffic and high      visibility.  If you plan to invest      in a restaurant in which the tenant pays more than $4 per SF monthly, make      sure you could justify your decision because it’s hard to make a profit in      the restaurant business when the tenant is paying higher rent.  Some restaurants may have a percentage      clause.  This means besides the      minimum base rent, the operator also pays you a percentage of his revenue      when it reaches a certain threshold.       
- Rent increase: A restaurant      landlord will normally receive either a 2% annual rent increase or a 10%      increase every 5 years. As an investor you should prefer 2% annual rent increase because      5 years is a long time to wait for a raise.  You will also receive more rent with 2%      annual increase than 10% increase every 5 years.  Besides, as the rent increases every      year so does the value of your investment.       The value of restaurant is often based on the rent it      generates.  If the rent is increased      while the market cap remains the same, your investment will appreciate in      value.  So there is no key advantage      for investing in a restaurant in a certain area, e.g. California.  It’s more important to choose a      restaurant at a great location.
- Lease term: in general investors favor      long term, e.g. 20 year lease so they don’t have to worry about finding      new tenants.  During a period with      low inflation, e.g. 1% to 2%, this is fine.  However, when the inflation is high,      e.g. 4%, this means you will technically get less rent if the rent      increase is only 2%.  So don’t rule      out properties with a few years left of the lease as there may be strong      upside potential. When the lease expires without options, the tenant may      have to pay much higher market rent.
- Risks versus Investment Returns: as an investor, you like      properties that offer very high return, e.g. 8% to 9% cap rate.  And so you may be attracted to a brand      new franchised restaurant offered for sale by a developer.  In this case, the developer builds the      restaurants completely with Furniture, Fixtures and Equipment (FFEs) for      the franchisee based on the franchise specifications.  The franchisee signs a 20 years absolute      NNN lease paying very generous rent per SF, e.g. $4 to $5 per SF monthly.  The new franchisee is willing to do so      because he does not need to come up with any cash to open a business.  Investors are excited about the high      return; however, this may be a very risky investment.  The one who is guaranteed to make money      is the developer.  The franchisee      may not be willing to hold on during tough times as he does not have any      equity in the property.  Should the      franchisee’s business fails, you may not be able to find a tenant willing      to pay such high rent, and you may end up with a vacant restaurant.
- Track records of the operator:  the restaurant being run by an operator      with 1 or 2 recently-open restaurants will probably be a riskier      investment.  On the other hand, an      operator with 20 years in the business and 30 locations may be more likely      to be around next year to pay you the rent.
- Trade fixtures: some restaurants are sold      with trade fixtures so make sure you document in writing what is included      in the sale.  
- Special Considerations      for 2010: while fast-food restaurants, e.g. McDonalds do well during the      downturn, sit-down family restaurants tend to be more sensitive to the      recession due to higher prices.       These restaurants may experience double-digit drop in year-to-year      revenue.  As a result, many sit-down      restaurants were shut down during the recession.  And so in 2009 there were quite a few      sit-down restaurants on the market for sale with over 10% cap and      long-term absolute NNN leases by regional restaurants, e.g. Smokey Bones      BBQ.  Some of these were located at      super-prime locations e.g. in front of regional malls which had rarely      been available during normal market. It presented an opportunity for      investors who saw the glass of water as half-full and not as half-empty. Those      still around in 2010 are probably the fittest.  And so in 2010 the cap rate has been      reduced by about 1% compared to 2009. 
Sale & Lease Back
Sometimes the restaurant operator may sell the real estate part and then lease back the property for a long time, e.g. 20 years.  A typical investor would wonder if the operator is in financial trouble so that he has to sell the property to pay for his debts.  It may or may not be the case; however, this is a quick and easy way for the restaurant operator to get cash out of the equities for good reason: business expansion.   Of course, the operator could refinance the property with cash out but that may not be the best option because: - He cannot maximize the cash out as lenders often lend only 65% of      the property value in a refinance situation.  
- The loan will show as long term debt in the balance sheet which is      often not viewed in a positive light.
- The interest rates may not be as favorable if the restaurant      operator does not have a strong balance sheet.
- He may not be able to find any lenders due to the tight credit      market.
You will often see 2 different cash out strategies when you look at the rent paid by the restaurant operator:
- Conservative market rent: the operator wants to make      sure he pays a low rent so his restaurant business has a good chance of      being profitable.  He also offers      conservative cap rate to investors, e.g. 7% cap.  As a result, his cash out amount is      small to moderate.  This may be a      low risk investment for an investor because the tenant is more likely to      be able to afford the rent.
- Significantly higher than market rent: the operator wants to      maximize his cash out by pricing the property much higher than its market      value, e.g. $2M for a $1M property.       Investors are sometimes offered high cap rate, e.g. 10%.  The operator may pay $5 of rent per      square foot in an area where the rent for comparable properties is $3 per      square foot. As a result, the restaurant business at this location may      suffer a loss due to higher rents.       However, the operator gets as much money as possible.  This property could be very risky for      you.  If the tenant’s business does      not make it and he declares bankruptcy, you will have to offer lower rent      to another tenant to lease your building.
Ground Lease
Occasionally you see a restaurant on ground lease for sale.  The term ground lease may be confusing as it could mean
1.       You buy the building and lease the land owned by another investor on a long-term, e.g. 50 years, ground lease.
2.       You buy the land in which the tenant owns the building. This is the most likely scenario. The tenant builds the restaurant with its own money and then typically signs a 20 years NNN lease to lease the lot.  If the tenant does not renew the lease then the building is reverted to the landowner.  The cap rate is often 1% lower, e.g. 6 to 7.25 percent, compared to restaurants in which you buy both land and building.  
Since the tenant has to invest a substantial amount of money (whether its own or borrowed funds) for the construction of the building, it has to be double sure that this is the right location for its business.  In addition, should the tenant fail to make the rent payment or fail to renew the lease, the building with substantial value will revert to you as the landowner.    So the tenant will lose a lot more, both business and building, if it does not fulfill its obligation.  And thus it thinks twice about not sending in the rent checks.  In that sense, this is a bit safer investment than a restaurant which you own both the land and improvements.  Besides the lower cap rate, the major drawbacks for ground lease are 
1.       There are no tax write-offs as the IRS does not allow you to depreciate its land value. So your tax liabilities are higher.  The tenants, on the other hand, can depreciate 100% the value of the buildings and equipments to offset the profits from the business.
2.       If the property is damaged by fire or natural disasters, e.g. tornados, some leases may allow the tenants to collect insurance proceeds and terminate the lease without rebuilding the properties in the last few years of the lease. Unfortunately, this author is not aware of any insurance companies that would sell fire insurance to you since you don’t own the building.  So the risk is substantial as you may end up owning a very expensive vacant lot with no income and a huge property taxes bill.
3.       Some of the leases allow the tenants not having to make any structure, e.g. roof, repairs in the last few years of the lease. This may require investors to spend money on deferred maintenance expenses and thus will have negative impact on the cash flow of the property.
About the author: 
David V. Tran is the Chief Investment Advisor of Transmercial, a commercial real estate brokerage, commercial loan brokerage, and property management company in San    Jose, CA.  His website is www.transmercial.com.  He may be contacted at (408) 288-5500. Transmercial does business in all 50 states.  David currently offers 2 FREE real estate investment seminars: 
1.       How to invest in commercial real estate for retirement income NOW.
2.       How to maximize cash flow with 1031 tax-deferred exchange.
(c)  Transmercial 2008-2010.