I am not a lawyer. Nothing I write on this blog should be construed as legal advice. In fact, it is highly questionable whether anything I write here should be construed as any sort of advice. Still, Trump's fraud trial is an interesting one for us to discuss. The case, as I crudely understand it, accuses him of "inflating his net worth to dupe banks" and "issuing false financial statements every year between 2011 and 2021." And possibly some other things, too.
Now there are some people who are saying that there's nothing actually wrong with the way Trump conducts his real estate practice. Kevin O'Leary, for instance, was just on CNN saying, "every real estate developer everywhere does this." His position was that if you're going to fault Trump, then you need to go after every developer out there. Here's the video interview where he says this:
https://youtu.be/80RZs9Fhz3Y?si=DSuCa0PwVWx_wbVe
Let's break this down. Kevin is right in that people who own real estate ordinarily want it to be worth as much as possible. This is true for individual homeowners and it's true for large real estate companies. And there are various reasons for this. One reason is that it maximizes your debt proceeds. For example, if you buy a building for $100 and the banks are willing to give you a loan based on a LTV (loan-to-value) of 70%, then you will get $70 in debt proceeds and you will need to put in $30 of your own cash equity.
However, if you buy a building for $100 and it ends up being worth ~$143, then this same 70% LTV will result in $100 of debt proceeds. This means that you won't need to put in any of your own cash and that, for all intents and purposes, you just got a building for "free." By most metrics, this would be considered a good real estate deal. (Of course, you could also buy a building for $100 and have it be worth only $50. And this would be much less fun than getting free real estate.)
One important question, though, is how does the building end up "being worth $143?" Well, one scenario could be that you just bought really well. It was an off-market transaction (i.e. it wasn't formally listed), the seller was highly motivated, and so you negotiated a below-market purchase price. You then went out and hired a reputable third-party appraiser who did a bunch of rigorous research and issued you a report that said, "your building is worth $143." And this would be perfectly fine.
But one can also imagine ways in which someone could lie and do nefarious things to try and convince people that their building is worth $143, even if it clearly isn't. Now, at the end of the day, I don't know the facts of this case. So I can't comment directly. But I did want to use this as an opportunity to add some nuance to Kevin's claim that "every real estate developer everywhere does this." Ultimately, that depends on what "this" is. Are we talking about doing customary things to maximize value creation? Or are we talking about fraud?
I increasingly never carry cash on me. I just never think to take out money and, when I do, I hate paying for things and getting change back. That change just ends up in a “change jar” in my apartment and then never comes out ever again. I keep telling myself that I need to buy coin rolls but that never seems to happen.
Lucky for me, it’s pretty clear that many cities and countries are quickly headed towards a cashless society. It’s pretty easy to get by in most cities today without cash. Here in Toronto, I use Uber and my PRESTO card to get around. I can use my phone for many purchases like coffee. And I can use my credit/debit cards for everything else. I never really thought about it until recently, but I have unintentionally gone almost completely cashless.
But of course it’s not just cash that is going to disappear; it’s also our physical wallets. Just this week Fred Wilson wrote a post on his blog about how he forgot his wallet at home and how Apple Pay came to the rescue at Whole Foods. I can’t wait until more banks roll this out in Canada. It’s also encouraging to see that under “coming soon” on the Apple Pay website, the Toronto Transit Commission is listed. I guess that means it will be integrated with PRESTO.
However, this transition is not happening in the same way everywhere. There are many countries that still prefer cash. According to CNN (November 2015), only about 10% of people in Indonesia and the Philippines would prefer to pay with a credit card. And it’s for this reason that Uber now accepts cash in a number of countries. It’s what those customers wanted. I find this interesting though, because not having to carry cash is one of the main reasons I use Uber.
Of course, there’s also the question of what happens to people who are currently not connected in anyway to electronic forms of money. I get asked by people on the street for change at least every day when I walk around Toronto. But there is actually no way for me to transmit the money I have to them. I don’t carry cash and I certainly don’t carry change.
I would be curious how many of you have gone or are close to going cashless. And if you are operating cashless, did you even notice the transition happening?