39 – Litigator Discusses The Top 10 Lease Clauses To Avoid A Lawsuit

Hello, and welcome to Episode 39 of the Corporate Real Estate Podcast, brought to you by LeaseSmart.com. Your host is Craig Melby, the founder of LeaseSmart, whose objective is to find companies the best facilities and get them the best terms, making their business more profitable and less vulnerable to future, unpredictable circumstances.

Today Craig welcomes special guest Taylor Speer with Turner Padget Law. There are so many informative tips in our episode today.

Disclaimer: The content of this episode is not to serve has legal council or solicitation of legal services.

1. At 5 minutes and 40 seconds Taylor Speer gives a real-life example of a lease that he litigated over. The issue is found in the acceptance of a build out clause. This is an issue because you aren’t a tenant yet, you don’t have physical possession of the property. You aren’t in a position to have a conference and see if construction noise is an issue. He would not recommend agreeing to that term because it doesn’t create leverage for his client moving forward if there is an issue.

What if there is a hidden defect or what if Continue reading “39 – Litigator Discusses The Top 10 Lease Clauses To Avoid A Lawsuit”

38 – Franchise Attorney Keith Kanouse Discusses the Special Lease-Clause Needs of Franchisees

Hello, and welcome to Episode 38 of the Corporate Real Estate Podcast! This podcast is brought to you by LeaseSmart.com.

Your host is Craig Melby, the founder of LeaseSmart, whose objective is to find companies the best facilities and get them the best terms, making their business more profitable and less vulnerable to future, unpredictable circumstances.

Today Craig interviews Keith Kanouse on the topic of site selection for franchisees. If you are embarking on a franchise venture you’ll want to listen to today’s show make sure your agreement is fair and successful.

One of the first things that Craig and Keith discuss is called a suit for loss profits. Imagine a scenario where you have a 10-year franchise term and for some reason the business runs for 2 years but is never profitable, even after you have invested sums above the budget, and you close your doors. The franchisor can sue for the total royalties you would have paid for your minimum royalty payments. Legally you still have an 8-year obligation to the franchisor. Note that you probably signed a guarantee for the franchise agreement and you are likely going to incur some hefty legal expenses to resolve this matter fairly. Because the truth is there may have been some liability from the franchise itself.

Also, consider the huge effect that certain conditions can have upon your Continue reading “38 – Franchise Attorney Keith Kanouse Discusses the Special Lease-Clause Needs of Franchisees”