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by James Sulyma
You've
worked very hard to grow your home-based business and your efforts
are finally paying off. You're now ready for the next step: securing
your first dedicated place of business. For every small business
owner, the prospect is both exciting and frightening.
Whether your business is of a professional service, wholesale
distribution operation, retail oriented, or a food service company,
finding and securing just the right location can be an overwhelming
task.
The most logical first step is to lease the space you need, rather
than making a purchase. This allows you to reserve your available
capital to fund the growth of your business and provides greater
flexibility for expanding your operations as the need arises.
In today's fast-paced, quick-thinking business world, a prudent
entrepreneur understands that "growth" and "risks" are synonymous.
Beyond this, the journey to success is a road paved with
opportunities that can crumble if little attention is given to the
hazardous risks and liabilities assumed along the way.
With this in mind, and much prior to contending with the numerous
land mines in any Business Tenant Lease Agreement (Lease), here are
some important facts you need to consider before venturing out to
secure your new business location:
Typically, real estate agents are compensated directly by the
landlord in the form of a commission fee (usually between 3% - 6%)
of the total Net Lease amount over the entire Lease term. As a
result, you may be shown only the locations that will provide them
with the highest commission fee, and quite possibly not the
locations that would meet with or come close to your specific search
criteria;
Signers beware! There are several provinces and states where a
signed Offer to Lease constitutes a legally binding Lease. An Offer
to Lease should not be signed without having it reviewed by an
independent and knowledgeable professional;
The formatted Lease you receive to sign will be the landlord's. You
must keep in mind that is was skillfully prepared by very astute
professionals working in the best interest of the landlord - not the
tenant.
While the provisions within each Lease can be quite different from
one landlord to the next, all are complex binding contracts
containing serious risks and liabilities about to be assumed by the
business tenant. One of the biggest and most common mistakes a
business owner can make is entering into a Lease without first
having it properly assessed by an independent professional, and
preferably the same knowledgeable professional that provided
impartial help with the Offer to Lease;
If your company is a young enterprise that's never leased business
space before, and whether a sole proprietorship or an incorporated
company, it's not uncommon for a landlord to request a personal
guarantee on all responsibilities and obligations as defined
throughout the Lease. Even though this is always open to
negotiation, very few business owners will pursue removal or even
limitations to this hazardous provision, and usually for fear they
won't meet the landlord's requirements to secure the space;
Unlike the residential sector, there is no governing body that
actually regulates the rights and obligations of the commercial
landlord and the business tenant. Therefore, what's stated in the
Lease is what determines how the relationship between the two
parties will function;
According to statistical survey, a typical commercial or business
lawyer spends a very small portion of their time actually
structuring and negotiating Lease contracts. It's been stated that
many lawyers prefer to direct their energies toward much more
lucrative matters such as landlord and tenant disputes.
In conclusion, Lease Agreements have become very complex and
hazardous contracts, especially for young businesses. To be sure you
get what's best for your business, it makes a lot of sense (and
cents) to use the help of professionals dedicated to protecting the
needs and rights of Business Tenants. These experts are thorough,
responsive and very cost-effective, and they work entirely in your
best interest. It's their ultimate goal to ensure you get the best
possible Lease Agreement and the peace of mind and freedom you need
to focus on growing your company. After all, isn't that what's most
important?
It was March, 1979, when our Company founder, Jim Sulyma, after
steering his way through many of his own difficulties with locating,
securing and occupying Leased space for his growing manufacturing
business, realized it was time to make a worthy career change and
then began setting his sights on helping other business owners and
their companies who were faced with very similar challenges. Jim saw
this as a prime opportunity to make full use of his past Real Estate
investment, development and management training, and where his
greatest interest and passion always stood - the Commercial &
Industrial Real Estate Industry.
To learn more about the author and the services of FMG Tenant
Solutions please visit
http://www.fmgsolutions.com
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