Real estate as an asset class
The real estate market as a whole is an aggregate of many submarkets such as owneroccupied housing, offices or land. Usually the performance of a submarket and not the overall market is the focus of an investor. It is important to take indices as underlying instruments that have a large community of potential users. Primary users are generally institutional investors, but private investors should also be able to understand and benefit from property derivatives.
While investors see real estate as an asset class that must generate a return as high as possible, homeowners see their house as a consumption good with some price risk. The submarkets for the two are completely different. The choice of an index as a suitable underlying instrument for derivatives depends mainly on the criteria of the region, property type and data base (rents, transaction prices or appraisal values). Types with a potential volume that is sufficiently large for a reasonable derivatives market include offices, residential properties, retail space and industrial space. It is doubtful whether more special property types such as hotels or even land would find a big enough market.
Owner-occupied housing is treated very differently around the globe. While homeowners borrow relatively moderately and stay for decades in their home in central Europe, households in the UK and in the US are much more sensitive to property price movements. Often, they are ready to realize gains by selling their home or they increase the mortgage once prices have appreciated.
Only the latter mind-set may lead to a broadly supported desire for protection against falling house prices. The market for owner-occupied housing is huge, and the sufficiently large number of transactions make indices more reliable.
It is possible to make a credit funded investment
Alternatively to an unfunded swap or CFD, it is also possible to make a funded investment. Rather than paying LIBOR plus a spread quarterly and receiving property returns, the investor pays the notional amount of cash upfront and receives property returns net of the spread. For example, on a two-year swap an investor could choose, rather than paying LIBOR plus 1% on the swap, to pay 100% of the notional amount and receive the property return minus 1% each year and 100% redemption after two years.
The basis for property derivatives documentation is the International Swaps and Derivatives Association (ISDA) documentation. Just as for other derivatives, ISDA has prepared standardized documents for property swaps, in order to facilitate trading. The Property Index Derivatives Definitions were published in May 2007. Standardization aims to reduce transaction costs, legal risk and transaction time, to increase transparency and confidence in the market, and to improve efficiency and liquidity. In addition to the definitions, ISDA provides confirmation templates for forwards and swaps in the US (Form X) and in Europe (Form Y), as well as an annex that describes the indices on which the trades are based. By September 2007, the Association has included the Standard&Poor’s/Case–Shiller Index, the Office of Federal Housing Enterprise Oversight (OFHEO) Index, the National Council of Real Estate Investment Fiduciaries (NCREIF) Index, the worldwide Investment Property Databank (IPD) Indices, the UK Halifax House Price Index, the FTSE UK Commercial Property Index and Radar Logic’s Residential Property Index (RPX). The definitions booklet covers issues such as disruption events on these indices. More indices, as well as confirmation templates for options and basket trades, are likely to follow.
Exchange of cash flows between loans
A PTRS is a simple exchange of cash flows between two counterparties based on a notional amount. On one side, the buyer, taking a long position on commercial property, pays a fixed percentage interest rate or LIBOR plus a spread. In return, he or she receives a cashflow based on the annual total return of the property index. The seller, taking the equivalent short position, pays and receives cashflows that are exactly opposite.
The interest rate used by the market is typically the three-month LIBOR. The spread that is added reflects expectations of the future performance of the index, and what buyers and sellers are prepared to accept to take the position (see the property spread). In January 2008, many banks switched from the LIBOR-based to a fixed interest rate convention.
In the event that the annual total return is negative, i.e. if the capital value drops sufficiently to wipe out income returns, the total return buyer pays that negative return to the seller, in addition to the quarterly interest payments. The property index commonly used is an annual index, which is based on the actual performance of a large number of institutional portfolios and comprises an income or rental and a capital growth element.
In addition to swaps, contracts-for-difference (CFDs) are used as trading instruments. For deals on residential indices, such as the Halifax House Price Index, CFDs are already common. A CFD represents an index that is artificially set at 100 when the deal is done. Investors and hedgers then state the price at which they are willing to buy or sell the index at maturity. If two counterparties agree on a three-year deal at 112 and the index rises to 116, then the buyer receives 116 ? 112 = 4 times the contract size from the seller. The transactions are cash free until maturity, when profits and losses are settled. Many market participants find CFDs more intuitive than swaps.

