Saturday, May 19, 2012
 
Consider the Lease; It's Important to Know the Terms.
   

There are some important reasons that you should visit the terms of a seller's lease early in the sales process. If the seller can't assign the lease to a new owner, you would not want to discover that information after closing. A similar concern is that the landlord may want what could be termed as a "transfer" fee. It's important for you to know the terms of the lease and the transfer of lease provisions.
It's also a good idea to check how many years are left on the lease and what happens at the end of the lease. Is there an option to renew and if so, how soon before the termination of the lease do you have to notify the landlord? "Location, location, location" applies to the value and success of many businesses. As a buyer, you need to know, not only what that location costs, but also how long the location will be available.

Just as important, you will want to consider if the location is the best one for the business, or if a different location could cut expenses and/or improve profits? An article in the New York Times titled "Thinking Past Location in Finding Space" said: "With rent typically the second largest expense after salaries for small business, and with office occupancy costs up sharply in many markets, a simple miscalculation can cost an entrepreneur her business." This miscalculation could apply both to moving a business recently purchased from a successful location as well as to keeping a business in a location where the cost far outweighs any benefit to the business.

Here are some things to keep in mind when reviewing a lease.

  • Find an attorney who is experienced in leases and business transactions-this will be an excellent investment.
  • Consider what space and parking is required for the actual business and how critical location is to the business.
  • If the premises are inside a building, do the "open" hours work for the business?
  • And, most important, will the current location allow you to expand and grow the business?

A business brokerage professional can help you evaluate these areas.
 

 

 


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