Clients always hope that the attorney will document the deal perfectly and provide full and absolute protection.  Unfortunately, clients cannot delegate all duties and need to play an active role with the attorney to make sure that all issues are considered and addressed.  With that in mind, here are a few bullet points to consider: Know the opposition – It is always helpful if the client devotes some time to getting acquainted with the other side.  For example, before entering [...]

By |2018-01-04T00:09:15-08:00December 15, 2017|Commercial Real Estate|

A Physical Approach to Leasing

For someone excited about opening a new business, he or she may want to stop and consider the hidden costs of leasing that do not appear in the rent section of the lease. Assume that Tammy has just signed a lease to open a fitness center in a converted warehouse.  The lease notes that she is taking the space in an "as-is" condition, and she is responsible for all tenant improvements that must be completed. Tammy did not want to [...]

By |2017-10-10T00:13:45-07:00September 22, 2017|Commercial Real Estate|

True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease (Part 3)

Part III: The Letter of Intent. A letter of intent (“LOI”) is generally considered a nonbinding acknowledgement between the parties that they have reached a tentative understanding of some the material business points that are to be contained in the lease, so that they feel comfortable enough to expend additional time and expense towards negotiating a definitive lease that will incorporate the terms acknowledged in the LOI, and other terms to be negotiated by the parties. Once the LOI is [...]

By |2018-08-09T23:35:21-07:00June 16, 2017|Commercial Real Estate|

True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease (Part 2)

Part II: It Starts With A Good Team: Do’s and Don’ts of Picking Brokers and Attorneys. If you need new space for your business and know the parameters of what you need, such as size, general location, and any specific amenities (e.g., high traffic intersection, rail line spur, LEED certified platinum rated energy efficient building, etc.), then the next thing you need is a good, savvy tenant’s broker who works exclusively with the type of real estate with which your [...]

By |2017-10-11T16:57:46-07:00June 15, 2017|Commercial Real Estate|

True Confessions of a Landlord Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease (Part 1)

Part I: The Premise: Commercial Tenants Do Not Negotiate Their Best Deal. After over 30 years of negotiating leases representing both landlords and tenants you tend to notice a few things about the parties with whom you deal. One that stands out most is that most commercial tenants will leave a lot on the table if they do not have a seasoned leasing attorney guiding them through a 40-60 page document that the landlord typically prepares in its own favor. [...]

By |2018-08-09T23:36:36-07:00June 14, 2017|Commercial Real Estate|

Senate Bill 269

Disability access is an issue that challenges many small businesses, especially when aggressive lawyers have developed practices around suing for violations of the Americans with Disabilities Act ("ADA") and California's Construction-Related Accessibility Standards Compliance Act. Effective immediately, Senate Bill 269 now provides small business with the opportunity to cure technical violations within fifteen days after the service of a summons and complaint or receipt of a written notice of violations, whichever is sooner, and thirty days to cure certain recent [...]

By |2016-05-11T16:10:57-07:00May 11, 2016|Commercial Real Estate|
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