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Mark Rauch's Tenant Rep Times      March 6, 2012                 
 
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MARK DAVID RAUCH
Greetings!
 
Welcome to the "Tenant Rep Times".  You are receiving this edition of my eNewsletter because you  rent or own commercial office space and are either my client or a potential client.  I trust you will enjoy this issue and get a "gem" or two out of it.   
 
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IN THIS ISSUE
7 BLUNDERS TENANTS MUST AVOID WHEN LEASING OFFICE SPACE
THIS WEEKS RESOURCE
MARK'S' POINT OF VIEW
7 Blunders Tenants Must Avoid When Leasing Office Space
Presented By Mark Rauch
 

"A general is just as good or just as bad as the troops under his command make him".  -General Douglas MacArthur-    
 

OOPS 

Here are seven frequent blunders tenants must avoid when leasing office space.

  1. Not Planning Ahead.  Many tenants aren't clear on what exactly they need. If you're out looking for 8,000 rentable square feet but you actually need 10,000 rentable square feet or 6,000 rentable square feet you've got problems.  You have to have an architect do a space program and figure out what size you need.  Many architects will do this for free as a favor to your tenant rep broker if they have a chance of getting hired on the back end.  A quality architect and a seasoned tenant rep will get clear on issues you might not be thinking about such as the buildings load factor, telecom issues, the need for re-enforced floors etc. If you want to save time, money and aggravation down the road than knowing these details up front is critical.
  2. Not Reviewing All Of The Lease Terms.  An attorney that specializes in Commercial Real Estate must review the draft lease and carefully explain all of the terms and conditions to his/her client.  A Commercial Real Estate attorney will suggest specific language to add or delete from the lease document designed to protect you throughout the term of the lease.   As an example, suppose  the landlord has the right to relocate you to another floor or space in the building which  is common for smaller deals, how much notice do they need to give you? What if the lease says 30 days?  Can you really pack up and facilitate a move of both your physical property and your technology in 30 days?  Do you have a sublet and assignment provision?  Is it fair?  Landlords think long and hard about how to make as much money as legally possible on their buildings. The long lease they give you is not designed to be fair.  It is explicitly constructed to make them money.  Make sure your space is legally zoned for commercial purposes and for your use in particular.  Have the HVAC (air and heat) unit in your space inspected before you sign the lease. Landlords will routinely say in the lease that the unit is in good working order. But they often presume this to be true but don't actually check.
  3. Not Comparing Lease Rates.  Before agreeing to the monthly rental rate, many tenants forego benchmarking similar office buildings.  The net result is they end up paying retail or higher lease rates.  It is important to compare similar office space before entering into negotiations with the landlord. Hire a competent Tenant Rep.  They know what they are doing and will save you lots of money.
  4. Hiring A "Dual Agency" Broker.  Sometimes tenants feel that unless they hire a big real estate company, they will not be properly represented.  The big dual agency firms that represent both tenants and landlords will argue that they know all the angles.  The reality is that their loyalties always lie with the landlords.  A big firm will side with the landlord over the tenant every time.
  5. Not Being Cognizant Of Your Negotiating Leverage.  Tenants have a propensity to think that the landlord is supreme.  A landlord is in a service business, and his or her business is to keep the building full.  If this means negotiating with tenants to fill or renew office space, they will.  Even if you're a five person firm in a million square foot building,  you have more value than you think.
  6. Not Giving Yourself Enough Time.  Tenants severely miscalculate how long it takes to either renew their lease or relocate to a new space.  Considering how much space you have or require and how complex your technology needs are, it will take 6-12 months to negotiate your transaction and build out your space.  Double or triple that if you're really big.
  7. Not Aligning Yourself With A Competent Tenant Rep And Attorney. There really is nothing better than hiring a seasoned Tenant Rep with a long record of success to be on your side. A Tenant Rep understands the ins and outs of the market; they can negotiate for you, and best of all, can narrow down the buildings that would be best for your particular business. Their know-how and advice are indispensible, and they can prevent you from leasing a space that you'll just end up not being happy with.  Such is the case with an attorney. Many tenants hire lawyers that don't specialize in commercial real estate.  This is a mistake. Like your tenant representative, you need an attorney that understands the complexities that comprise commercial real estate.

When leasing office space for your business every dollar counts.  One slip up can cost big money. 

Nothing contained herein is to be considered legal advice. Always seek legal advice when evaluating any legal document.  

This Weeks Resource

 

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Mark's Point Of View


Question: Mark, what is the advantage to hiring a Commercial Tenant Rep Real Estate Specialist with an exclusive agreement?
  
Answer: When you grant an exclusive agreement, you are making a commitment to a Commercial Tenant Rep Real Estate Specialist that they will be treated no differently than had you hired that person to be on your payroll, and sit down the hall in your office. They are a one stop, outsource delegated with the responsibility to manage your facility requirements. If used properly, the delegation frees you up to stay focused on your primary business and trust that information will be presented so that you are not bogged with wasteful detail, yet presented with meaningful information to make informed decisions. Since an exclusive guarantees your agent will earn a fee regardless if you lease or purchase a new facility, or renew your current lease, it is your way of avoiding situations, which could create further conflicts of interest. In return, you get a relaxed, hard working, motivated professional willing to put all the time, energy and cost necessary to take care of your needs.

I also want to reiterate that we are requesting meetings with Professional and Corporate Office Tenants.


We are looking to represent a handful of Tenants, each occupying 5,000 rentable square feet to 500,000 rentable square feet.

 

Please call or email us to schedule a time to discuss how we can help.
 
The only way to help you is to hear from you.

Please don't keep me a secret.  Other than representing you, a referral is the greatest compliment I can receive. 
My focused specialty is solely driven to advocate the office space interests of Southern California-based corporations and professional services firms in leasing and purchasing negotiations of all types-renewals, relocations, renegotiations, recasting, subleasing, terminations and investments on a local, regional, national and international basis through a network of offices in 200+ markets around the world.
 
Assignments range from single office lease transactions to national and multi-national real estate portfolios.
 
It is my sincere desire to develop meaningful, long term relationships as your trusted
Tenant Rep Consultant and friend.
 
Regards, 
 
Mark
MARK DAVID RAUCH 

Thank you for taking the time to spend a few minutes with me.

Sincerely, 
 
Mark D. Rauch                               
Senior Vice President
Travers Realty Corporation
Direct: 213-430-2469
Mobile: 818-943-2959
License # 01019455 
 
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