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Expanding Retailers Purchase Multiple Leases

BY Steven J. Roberts
April 14, 2011

Expanding retailers are taking a hard look at assets being peddled by downsizing retailers. Commercial real estate developers have taken a breather in developing new shopping centers during the down economy, thereby limiting opportunities for expanding retailers to acquire new stores. However, the lack of new shopping center space coming to market has not stopped certain retailers from growing. Because several retailers have filed for bankruptcy and others have started to consolidate operations by closing stores and concentrating on their core markets, there is an opportunity for the purchase of closed stores by retailers looking to expand.

Attorneys Must Be Ready

With many opportunities in the marketplace to purchase real estate leases and other assets associated therewith, attorneys need to make sure they are ready to deal with a request from a client to purchase leases. A great deal of time and energy needs to be spent in due diligence on the leases and the assets under consideration to be purchased, and this may take a lot of manpower, depending on the number of leases to be purchased. Also, leases are purchased, assets such as leasehold improvements, trade fixtures and furnishings are often part of the deal. When looking to value the assets for sale, the primary value is in the real estate leases, with the secondary value being the other associated assets.

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