Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
If you are involved in lease negotiations on behalf of retail asset owners, you already know a couple of hard truths: The deals will not happen without the help of solid, hard-working commercial retail brokers (who can be worth their weight in gold) and at least some tension inevitably arises while moving the deals along. This article gives focus to the tension, and suggests that the tension is not only desirable, but important to help improve negotiation results for all concerned.
First, a reality check: No matter how great your retail asset (in your mind), no matter how desirable you know it to be, retail tenants typically do not clamor at the owner's doorstep begging to lease space. The retail commercial broker is instrumental in sifting the wheat from the chaff, navigating the chaotic tenant marketplace and bringing to ownership the gems with a reasonable chance of success.
A derogatory fiction is espoused by some — that the broker brings a prospect to ownership, then assumes the job is done and waits to earn commission. But nothing could be further from the truth. Capable, high-quality brokers in fact take on many roles and do far more than “find someone.” A seasoned commercial retail broker knows the industry, follows the trends, watches the local market, knows the players, has the relationships, gladly joins discussions even at odd hours, relies on practical data to sift through the prospects, knows the owner's “hot buttons,” negotiates the letter of intent (LOI), frequently reports to ownership, guides the owner and legal counsel throughout the lease negotiation on business term nuances, and often plays the role of friend and informative professional (and perhaps even psychologist). This is what it really takes for a broker to succeed, and retail asset owners rely heavily on these skills.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?