Quick note on Lease Review....

I must emphasize that it is very important an attorney review your existing or upcoming lease. Attorney's have a knack for catching the legal wrinkles in a lease and making sure that it is fair and equitable. They are also very clear on the fact that the lease follows the accepted and agreed to Letter of Intent between the Landlord and prospective Tenant.

So, you may be asking why am I bringing this up? A friend shared a story of how she chose to have her lease reviewed by a friend of a friend's friend. This friend reviewed the lease and addressed only the business terms that were already accepted and agreed to. Obviously that did not work well for the landlord and the landlord required the prospective tenant abide to the agreed and accepted business terms. This friend of a friend's friend also was not an attorney and did not address some major legal issues in the lease.

In my experience as a commercial real estate broker, I can read, review and discuss the business terms of the lease. I can also discuss the definitions of the lease and determine if there are red flags that should be legally addressed by the attorney. But I, as a commercial real estate broker, am legally required to refer all legal matters to your attorney. Specifically, in Illinois, Commercial Real Estate Brokers CANNOT advise you legally.

A good commercial real estate broker will guide you in acquiring the real estate that meets your needs. They will refer you to the appropriate real estate attorney. They will work with your attorney to make sure the business terms are reflected appropriately in the forthcoming lease and that there are no surprises.

The Landlord

Whether you are buying or leasing, the landlord can be quite intimidating. No Fear. There is way to much space available for the small business owner to choose from.

I just met a small business owner that was being pressured by the landlord to sign a lease without ownership approving the space plan. Bad Idea. If your particular business requires some kind of special plumbing or electricty, say for a kitchen or IT servers, please do yourself a favor and walk away from the deal. It's better to open late, than get yourself in a legal bind because you've signed a lease where the space no longer works for you.

And, if you find yourself in that position, please do not hesitate to call a qualified local commercial real estate broker and find out what your options are. Options. That's the name of the game. I'd bet you a swanky dinner , if that landlord knew the small business owner had other options, they'd be way more amenable.

Tenant Rep Loyalty: Priceless and Entitled by Law

As a tenant representative for small to mid-sized businesses, I find that business owners are very wary of taking advantage of Illinois State Law that entitles them to a Buyer Agency Agreement. Essentially, this agreement stipulates the activities and responsibilities the business owner should expect from the broker in finding the appropriate property for purchase or rent. Furthermore, typically there is no charge associated with this agreement, as the buyer's broker is paid a co-operating commission from the seller's broker.

So why is there a hiccup? I find business owners are hesitant to work exclusively with one broker. However, that does not perpetuate good customer service, let alone loyalty.

Good real estate brokers are hard to find. But when you do, it's not about the deal closing today or in 60 days. It's about building a realtionship that understands the business owners needs, so that the appropriate space is found at the appropriate time.