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Robert Fischer, Esq.

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Avoid surprises.  Occupancy costs are one of a business’ top operating expenses.  A diligent business owner will want to know the true cost of the transaction.  Despite a longing to do things the “right way”, many business owners skip hiring an attorney because they 1) rely on the experience of their broker, 2) view the lease as a form that every landlord uses in every deal, 3) fear receiving the attorney’s excessive comments and bill. One portion of understanding the cost of the transaction is retention of a good tenant broker that understands the business owner’s needs and provides the business owner with information on a variety important factors, including alternative locations, pricing, and concessions.   While a tenant broker may have experience handling many of transactions, a good tenant broker will know his or her limits.   Brokers are limited in the advice they are able provide regarding lease agreements.[1] 

Is every lease agreement the same?  No, they just look that way.  Commercial lease agreements do tend to contain similar provisions and follow a general outline.    However, lease agreements are also living documents.   They are constantly changed to reflect the actual conditions of a site (e.g. Is it single or multi units? Are utilities sub-metered? Does local ordinance allow awnings?), the landlord’ priority (e.g. How is rent charged? Who is responsible for maintenance? What is included in operating expenses?), and specific terms of the deal (e.g. How many parking spot?  How long is the terms? How much is Rent?).   Sometimes the mutations do not go well. 

[1] C.R.S. 12-61-803(4); see also Conway-Bogues

What Does an Attorney Add to a Commercial Lease Transaction?