When advising clients on the acquisition of a multi-unit franchise network, we are often posed the age-old question: “Should we own the assets in one entity or multiple entities?” At the risk of sounding too much like a lawyer, the answer to this question is, “It depends.” Each franchisee has a unique set of hot…
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In our last issue of Independent Joe, we discussed some of the critical lease provisions contained in a franchisee’s lease which, if not identified and properly negotiated, could have a material impact on the viability of a business. The provisions addressed in that issue – exclusive use protection, landlord’s consent to assignment and continuing liability…
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Negotiating a retail lease is one of the most critical stages in the life of a quick service restaurant. Each lease presents is own distinct issues and challenges; failing to have significant attention to detail can inadvertently result in an unsuccessful business or impede your growth; one oversight can destroy your succession plan or exit…
Read More »Shopping Center Digest Blog reports that rent concessions has been causing agita among landlords in this industry over the last year or so is the pandemic of retailers rushing for rent concessions as an inducement to remain in a shopping center, renew a lease, or to make a new deal. As we’ve said several times before, the balance of power—due to the increasing number of vacant stores and the decreasing number of chains that are aggressively expanding—has for the first time surged to the tenant side.
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