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.
Loans market is developing confidence and stability
After years of a hesitant existence, the UK property derivatives market is developing confidence and stability that has generated a momentum of excitement. Property derivatives had a small cohort of advocates since the mid 1990s, but for most of that period only Barclays Capital was involved. The market remained illiquid and one-sided. Apart from rare activity, the market did not start to grow until 2005. Transactions happened occasionally but volumes were very low. The first publicly traded property derivatives were the futures that were traded on the London Futures and Options Exchange (FOX), introduced on 9 May, 1991. Pension funds used property derivatives when they first came out. The exchange offered four contracts based on indices for commercial property capital value, commercial rent, residential property and mortgage rates. The underlying indices of the FOX contracts were the IPD capital growth index, the IPD rental growth index, the Nationwide Anglia House Price (NAHP) index and the FOX Mortgage Interest Rate (MIR) index. While the IPD indices are based on appraisals and reflect commercial properties, theNAHPis a transaction-based hedonic index on residential properties (see property indices).
Unfortunately, trading was suspended just a few months after the launch. It became public that trading volumes were artificially boosted using so-called wash trades, i.e. offsetting deals that in the end produce neither a gain nor a loss. However, real trading volume was much lower than expected. The discovery of this mischief hastened the contracts’ demise. In sum, the market was open only from May to October of 1991.
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.
The Credit Property Total Return Swap
By December 2007, property derivatives deals have been made public in Australia, France, Germany, Hong Kong, Italy, Japan, Switzerland, the UK and the US. Deals were referenced to both commercial and residential properties. Derivatives that reflect commercial real estate are typically tied to appraisal-based indices while derivatives that reflect owner-occupied residential housing usually use transaction-based indices as the underlying instrument (see property indices).
Most contracts are still executed as matched bargain trades between a buyer and a seller, with pricing determined through negotiations between them. As the market becomes more liquid, standardized contracts will become available directly from intermediaries. They will price the contracts and assume the risk of finding a suitable counterparty.
Several derivative structures have been developed and traded. So far, the bulk of trades has been structured as over-the-counter (OTC) swap contracts. In addition, a few derivatives are listed and traded on public exchanges. Most market participants are aiming to create derivatives that replicate the familiar characteristics of direct property investment, i.e. quarterly rental income and annual capital growth. As the market expands, the variety of structures increases. Derivative markets have a particular order of development and it is not unusual for options to develop after futures and swaps, because the option writers require these instruments to be liquid in order to hedge their positions.
The Property Total Return Swap (PTRS) is the most popular format and, in principle, swaps a fixed or floating interest payment for an amount calculated with reference to total returns on the property index, which consists of both rental income and capital gains (see swap transactions). The swap structure is quite simple and the variations usually only involve the choice of the index (country, sector and rental, and/or capital growth index), the tenor and the payment conventions.
