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McBrayer Blogs

Showing 7 posts in Commercial Lease.

Gross Lease or Triple Net Lease? What You Need to Know

Posted In Commercial Lease, Commercial Real Estate, Lease, Real Estate Law

When leasing a property for commercial use, there are a variety of lease types from which to choose. The two most common lease types are the gross lease and the triple net lease—but how do you know which is right for your situation? More >

Net Lease vs. Gross Lease: Which is right for me?

Posted In Commercial Lease, Commercial Real Estate

In the sale of a commercial property, typically an entire interest in the property is sold for a single price. However, there is no “one-size-fits-all” approach to commercial leases. The difference between a gross lease and a net lease, for instance, can make all the difference. The different types of net lease can add even more confusion to the mix, leading to considerations such as gross lease vs triple net, rather than merely net vs gross lease.  For the sake of simplicity, this post will focus on the gross lease and triple net lease, as these are the two most common forms of commercial lease. More >

New Accounting Standards from FASB Create Big Changes for Leases

Posted In Commercial Lease, Lease

In February, The Financial Accounting Standards Board (“FASB”) issued an Accounting Standards Update (“ASU”) addressing financial reporting about transactions involving leases. These new accounting standards have been in gestation for many years, and any company that leases any property, from equipment to real estate, will be affected by them. More >

Commercial Real Estate Sales: Initial Considerations in the Purchase of Commercial Real Estate

Posted In Commercial Lease, Commercial Real Estate, Purchase Contract

The decision to purchase, lease, or sell commercial real estate is fraught with multiple challenges for both buyers and sellers. This series of posts will provide a basic understanding of the various aspects of transactions involving commercial real estate. This post will focus on initial considerations for buyers in purchasing commercial real estate. More >

‘Tis The Season To Think About Your Retail Lease

Posted In Commercial Lease, Landlord, Lease, Multi-unit properties, Real Estate Law

With November nearly upon us, the holiday shopping season is right around the corner. For retailers, the peak season can bring a whole host of issues to be considered in connection with a commercial lease. The best time to think about these issues is now – before the droves of eager customers start lining up at the doors. So, if you are a retailer and lease a space for your business, take a few minutes and consider the following: More >

Why Use an Exclusive Use Clause?

Posted In Commercial Lease, Exclusive Use Clause, Lease, Real Estate Law

If you are a business owner and in the process of negotiating the terms of your commercial lease, you will want to be sure to include an exclusive use clause to the document and negotiate the terms with the landlord. Exclusive use clauses are intended to protect a tenant’s business by ensuring that the named tenant is the only tenant in a particular shopping center that can sell or offer to sell specific products or services. In some cases (generally, where a tenant has more bargaining power), an exclusive use clause may extend to any other properties owned by the landlord or an affiliate of the landlord within a certain radius. More >

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