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“Portable” Commercial Lease Negotiating Theories 1-9 The Albert Einstein, Snoop Dogg and Drake Bring Your “A” Game-Brick House Value Theory (FREE) The Snagglepuss, Groucho Marx, The Clash & Steve McQueen…
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In the context of a commercial lease (or the sale and purchase of real estate), a co-brokerage agreement is where two (or more) real estate brokerage firms generally agree in…
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A well-crafted franchisor-friendly document to be included as an integral part of a lease with a tenant franchisee will generally include the following, at a bare minimum: Notice of Tenant…
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Landlord Advocates: If landlord is willing to allow its tenant to have installed, at tenant’s own cost, a water cooled supplemental air-conditioning system, subject to the capacity of the building’s…
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Top 6 Construction Risk Mitigation Tools Construction Escrow Agreement Payment Bond Performance Bond Individual and/or Corporate Construction Completion and Payment Guaranty Builder’s Risk Insurance Requiring Periodic Delivery of Lien…
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Whether you represent a tenant or a landlord in a lease negotiation, it is important to recognize that free rent concessions must be part of the equation. This is the…
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All leases include a covenant of quiet enjoyment, whether explicit or implicit. In exchange for complying with the terms of the lease, tenant may peaceably and quietly enjoy the demised…
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Before we, in the words of The Rolling Stones and their song “Rip This Joint,” get all Willie Nelson and Merle Haggard on you and debate whether or not it…
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Playing off of the words of none other than hip-hop artist extraordinaire Eminem and rock legend David Bowie, as a result of the new rules enacted by FASB, all of…
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When a tenant is considering channeling circa 2010 mindset of LeBron James by taking its “talents” and its company to a new location, the following should all be taken into…
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Tenants, more and more, seek new (or alternatively, renovated) buildings with modern amenities. Consequently, landlords must provide creative amenities packages as to seduce and attract tenants. Amenities Many Landlords Offer…
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Tenant’s right to sublease and assign; What a tenant’s written request to landlord for consent should include; When a landlord’s time to respond to a tenant’s request for assignment and…
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Leverage Tenant Advocates: A tenant never has more leverage in its negotiations with landlord than during the LOI preparation and negotiation stage. Once the LOI terms have been agreed to the…
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Landlord Advocates: Keep it narrow. Keep the LOI and any definitions as narrow as possible. This will lure the prospective tenant into the lease negotiation stage – where tenants will…
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Incentivizing Tenant Renewal Landlord & Tenant Advocates: If a landlord has a reliable tenant in possession of the premises, it may be prudent to incentivize the tenant to stay and…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 1) The real estate world – as we know it – would be a better place if the attorneys,…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 2) As a tenant advocate, it is imperative that you create exit strategies for your client as early as…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 3) Aside from having a closer’s mentality when it comes to hopefully bringing your deals to a smooth, expedited…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 4) Given that no real estate professional or owner for that matter knows everything (with a few of us…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 5) At both the beginning and end of the day, it is our firm belief that in order to…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 6) Quoting one of the coolest dudes from the 1700’s, namely that of Benjamin Franklin, always remember that due “Diligence…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 7) When it comes to tenant retention and lease renewals, and the consequential financial fallout and costs associated with…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 8) Although certainly not applicable in all facets of life, when NO truly means NO, when negotiating a commercial…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 9) Without trying to get too deep on you my leasing brethren, leverage has generally been defined as the…
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Simply stated, the LOI provision should provide whether the tenant or landlord will clean the premises, which party will pay for such cleaning, and the frequency and manner at which…
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