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#384058 - 07/23/11 09:58 AM Shopping Center Purchase
zpcsc Offline
Veteran Member

Registered: 08/29/05
Posts: 751
Loc: Florida
I hava a friend that is working w/an investor. He wants to know if he is able to get copies of the tenants leases before submitting an offer.
All your input is welcome.

Thanks,

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#384127 - 07/23/11 09:50 PM Re: Shopping Center Purchase [Re: zpcsc]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8479
Loc: georgia
You can submit a verbal offer,or an LOI which is usually non-binding in most cases unless otherwise stated OR you can submit a written contract.

If the investor wants the leases ahead of time they can sign a confidentiality agreement from the seller.

If they tell anyone else or violate the agreement of information shared they will be sued for heavy damages by the seller.

So as long as they are looking at the information only and not disclosing for the purposes of making an offer they should be okay.The buyer is not allowed to go up to tenants etc. or say he is selling or speak about it in public.

No legal advice.

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#388761 - 09/06/11 07:39 PM Re: Shopping Center Purchase [Re: zpcsc]
Alwaysthenewbie Offline
Member

Registered: 03/03/08
Posts: 82
Loc: New England
Yes, put in an offer and make it contingent upon a satisfactory review of all lease agreements and also on receiving an estopel certificate from each tenant.

Has the seller provided ANY information? They should have some basic income statements in regard to what the building generates- you should be careful about what's in there.

Things to look for in addition to the income are whether or not the leases are NNN or Gross, what expenses the building generates, what expenses the landlord is responsible for, etc. Even if they are NNN you should have a good handle on the expenses, since you will be paying those expenses in the event of vacancy. Landlords often fudge expenses, you need to get a good feel for what it will actually cost. You may be able to save money on the expenses or you may have higher expenses.

I have seen landlords run their buildings into the ground, so a new owner has to spend $100,000 to fix the building up. I have a good example where this happened and the building was near vacant when it was sold, the buyer dumped a bunch of cash into the building and now it's near full. On the other hand, I've seen buyers who look at NNN leases and think there's no reason to reduce building costs because the tenants pay those costs. Well, if you save the tenants money on the NNN expenses, they can afford to put more into the base rent. Then if you get caught holding vacant space, you are also doing so at a lower cost...

As for the NDA/Confidentiality Agreement, you could sign one if they request but they probably won't. If you do, you should abide by it, but I haven't seen many that actually had real teeth.

This is all just my opinion and no legal advice is being presented here. Seek legal counsel.

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#388762 - 09/06/11 07:40 PM Re: Shopping Center Purchase [Re: zpcsc]
Alwaysthenewbie Offline
Member

Registered: 03/03/08
Posts: 82
Loc: New England
OK, just realized how old this thread is....you probably walked away from the building or already bought it! My bad.

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