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Tenant Estoppel Certificates: A Preparation Checklist for Buyers
When a buyer purchases a property with existing leases, the buyer is purchasing the income stream represented by the leases, and is also assuming the landlord’s obligations under the leases. So it is critical that the buyer know what it is getting into in order to protect its investment in the income, and to ensure... Read More.
read moreStrategies for Negotiating Lease Guarantees
This video discusses bottom-line issues landlords and guarantors face when negotiating lease guarantees. For more information on this topic, please see the article on our blog: Negotiating a Lease Guarantee: 6 Bottom-Line Issues — Checklist Included. Read Article.
read moreFinancing a Tenant’s FF&E – Economic Issues that Impact Landlords and Tenants
Tenants often need to finance furniture, fixtures and equipment (“FF&E”) that will be used at the premises. In order to do this, a tenant must grant its lender a first priority, perfected lien against the FF&E. A careful review of applicable commercial lease provisions is necessary to ensure that (i) tenant is not be prohibited... Read More.
read moreLease Battle Line: The Fight for Assignment and Sublease Profits
If a profit can be made from assigning a lease or subletting the premises, who should keep the profits?The landlord owns the property and believes it is entitled to receive all income and profits earned from the property. The tenant realizes that if market rents fall...Read More.
read moreCellular Antenna Leases: A Checklist for Landlords
A cellular carrier’s lease form or the form of an independent cell site developer (both are referred to as a “carrier”) is prepared by and strongly biased in favor of the carrier. The desire of a landlord to earn easy income from a cell site lease should not cloud reason and the need to... Read More.
read moreLetters of Intent: Keep them Non-Binding
Featured, Leases, Purchase & Sale, Videos
This video provides tips on how to prevent letters of intent from inadvertently becoming binding agreements. For more information on this topic, see the article on our blog: 5 Steps to Keep your Letter of Intent Non-binding. Read Article.
read moreNegotiating a Lease Guarantee: 6 Bottom-Line Issues — Checklist Included
Landlords often require a personal or corporate lease guarantee, a separate document executed simultaneously with the lease, which makes the guarantor liable for the tenant’s defaults. The landlord and guarantor have conflicting interests regarding the desired scope of the guarantee... Read More.
read more5 Steps to Keep your Letter of Intent Non-Binding
Articles, Leases, Purchase & Sale
You own real estate and sign a letter of intent that contains the material deal points for your transaction. At the end of the letter, it clearly states: “Unless a formal agreement is entered into within 30 days of the date of this letter, this letter of intent shall be non-binding and of no further... Read More.