Showing posts with label Property. Show all posts
Showing posts with label Property. Show all posts

Monday, February 23, 2015

Tips For How to Negotiate a Commericial Property Lease


https://altusedwinhillblog.files.wordpress.com/2013/03/twitter_header.jpgStarting a new business can be overwhelming and challenging, and one of the most difficult parts can be finding an affordable office space. If this is your first business the process of finding a lease that works for you and your business can seem daunting, but there are a few questions and things to consider before jumping into a lease.

Setting the Term of your Lease

The term and rent of your location is the first point that needs to be negotiated. The trick to this is to not over commit if you are a small business. It's recommended that small businesses negotiate one to two year leases with the option to renew. You will also want to discuss and negotiate rent increases over the term so you are not unexpectedly hit with a rent increase with no warning from your landlord.

Be prepared for your landlord to push back, they may try to lock you into a longer agreement by offering deal sweeteners. It is helpful to bring a broker to negotiations, as they know about the local market and what sweeteners to look out for.

Expenses

Like residential leases, landlords often tack on extra expenses like maintenance fees, upkeep fees and so on. Make a point to ask the necessary questions during negotiation: what about utilities? how are these extra charges measured? Also look into the "hidden fees" and policies and inquire about the average costs of previous tenants.

Maintenance and Repair

Unlike residential leases where the brunt of the maintenance and repair responsibilities fall on the landlord, commercial leases are different. Commercial leases vary in their approach to this, some stipulate that it is the tenant that is responsible for all the property upkeep while other specify that the tenant is only responsible for certain repairs etc.

Defaulting

Often businesses get closed down due to defaulting their lease. In order to protect your interests and your customers, it is important to know exactly what defaulting terms you are agreeing upon upfront. Talk with your landlord and decide if you will be locked out immediately or if you will be granted a grace period. Will you be able to negotiate for more time for yourself if you default? All of this information is important as it can save you  and your business money.

Read Your Lease

It goes without saying that you should always read and reread your lease carefully and completely to make sure you fully agree with and understand all of the terms and clauses.

About the author: Mary is a guest contributor from The Lansing Economic Area Partnership or LEAP, a coalition of area leaders committed to initiating Lansing, Michigan economic development.

Monday, December 17, 2012

Learn About Sheriff Sales

English: Sale by owner previous to foreclosure.

Several people have asked me, how does a sheriff's sale work? Since I am currently in the process of flipping a sheriffs sale house, it is a topic that is fresh on my mind. Okay here's the reader digest version as I understand it. Let's say you have a house owned by Bart Lancelot. Bart did not pay his mortgage his second mortgage, or his credit cards. Long story short, Bart loses the house, he's foreclosed on, the two mortgage companies have a lien on the house (actually they already had one) and the credit card company decides to put their lien against the house also. After the house goes through the foreclosure process, it may go to a sheriff's sale. All of the creditors named on the foreclosure and the general public may go to the place of bidding and place a bid on the house.

The starting bid is set by the primary lien holder. They may set the bid at whatever they choose. (An interesting side note  many homes do not sell at sheriff's sale because the start bid is too high.) Highest bidder wins. Different states and counties have different laws about payment methods. The county I reside requires cashiers check for the full amount the day of the sale. I have seen other areas that require 10% down the day of and the balance within say, 30 days, or something similar. Check with your county's sheriff's office for details. Anyway, the winning bid goes to pay off the people who had liens against the property (mortgage companies, credit card companies, etc.) 

If by chance, the money is not enough to cover the debts, a judge will determine where the money goes most likely, and someone will just be out of luck. If by chance the winning bid is more than what is owed, the former owners will receive the overage. There are many potential snares here so buyer beware. If one of the lien holders was not named on the foreclosure, there could be some big problems. I know from experience. That is why you must consult with an attorney before, during, and after you buy a home from a sheriff's sale.

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