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Systems Are a Way to Limit Liability Risks

Posted on | May 28, 2009 | No Comments

 

Courthouse

In the past, I’ve written about business systems as a way to maximize profits.  Systems provide another advantage that is near and dear to my heart-  limiting liability risks.  In fact, systems are an essential way to limit liability risks and protect the assets of a business’ owners.

 

Here’s an example taken right from the pages of my law firm’s operations manual-

 

My law firm is a “debt collector” under federal law, because we collect debts for our clients.  That means I have to comply with a set of rules found in the Fair Debt Collection Practices Act.  One of those rules requires my office to deliver the “Mini-Miranda” Warning each time we communicate with a consumer debtor.  The “Mini-Miranda” Warning reads:

 

We are debt collectors.  This is an attempt to collect a debt.  Any information we obtain during this communication may be used to collect that debt.

 

But how do we ensure that a staff and office of 18 people reads that warning each and every time we communicate with a debtor?

 

Systems!  That’s how.

 

Here’s what is in my office’s Operations Manual and systems to comply with the Fair Debt Collection Practices Act-

 

  • We have a written policy that all employees must read and agree to follow.
  • Our initial staff orientation includes training on the Fair Debt Collection Practices Act.
  • We hold regular staff training on the Fair Debt Collection Practices Act and any changes in the law.
  • We solicit from our staff ideas and new ways to improve our systems.
  • A brightly colored copy of the “Mini-Miranda” Warning is posted on, literally taped to, every staff member’s telephone.
  • A stack of brightly colored copies of the “Mini-Miranda” Warning are at the receptionist’s desk and handed to any debtor who comes to my office.
  • The “Mini-Miranda” Warning is printed on every collections documents we send from our office.
  • We police our staff and follow up with any questions or issues.
  • And more.

 

There are more components to our system, but that’s not the point.  The point is that we have systematized the way in which we handle this compliance issue.  Our system creates predictable results, which is the greatest advantage of systems.  We know that we are complying with the Fair Debt Collection Practices Act, because of our system.  We’ve taken all the “guess work” and risk out of the equation.  And, when the law changes, we can easily change the system to match the new law.

 

Every business needs similar systems to conduct its affairs.  There are no exceptions.  Every business needs systems.  Systems make it easier to become and stay profitable, while reducing risks.  But, you need to make sure the system is being implemented.  You have to “police” your staff to ensure the system is working.

 

 

What systems do you have in place? 

 

What systems need improvement?

Do you have systems that are not fully integrated into your business operations?

What are you doing to improve your business with systems as a key tool?

Recessions Offer Opportunities

Posted on | May 20, 2009 | No Comments

 

Shoppers

During a recession, marketing is often the first budget item to be cut, even though marketing is the most important tool a business has during difficult times.  I would argue that now is a great time to make lemonade out of “economic lemons.”  There are at least two ways to do that.  First, consider this a time to reach out to potential strategic partners to develop co-marketing and co-sales opportunities.  You might also have opportunities to re-package, or distribute products or services differently to reach new customers or old customers in new places or ways.  Creativity can be developed, grown, nurtured and fostered, but only if creativity is first valued.

 

Does your company value creativity and calculated risk-taking?

 

Really?  How?

 

Secondly, consider whether your customers’ needs or motives have changed.  If so, your message should change to reflect new customer needs, wants, desires, anxieties, etc.  Consider a few examples recently shared by Raquel Richardson, owner of Silver Square, in a recent e-newsletter:

 

  • A-1 Steak Sauce’ changed its message to-  “A-1 Steak Sauce isn’t just for sirloin anymore.”  The target was hamburger lovers, and the strategy worked.
  • Dow’s Ziploc food bags saw increased sales when Dow shifted funds from glass cleaners to help introduce a new line of Ziploc freezer bags that protect the freshness of leftovers.
  • Quaker Oats developed new recession-driven messages:
    • “Grain products are inexpensive sources of protein.”
    • “Oats for breakfast cost just pennies a day.”
  • Lipton pushed up its soup sales by promoting packaged cups of soup as both convenient and inexpensive.

Several companies have gone so far as to mention the recession in its messages.  Wendy’s message is: “Look, I know you have less to spend these days, but that doesn’t mean you have to eat less.”

 

The list of companies that have enjoyed increased market share by spending more on marketing during recessions is long and storied.  Interestingly, in each case, the competition spent less on marketing and tried to “ride out the storm.”  When your competitors are avoiding risks and pulling back, they are potentially losing both today’s and tomorrow’s customers, and future opportunities.  That’s your chance to gain market share that will likely mushroom when the economy recovers.

Removing Liens From Real Estate

Posted on | May 19, 2009 | No Comments

 

hand shake

A Question From One of Matt’s Readers-

 

“I am a mortgage banker. I am doing a streamline refinance for a customer of mine. We are refinancing with the same investor he refinanced his loan with 2 years ago. Since then he has had a lien put on his property. he is making payments on this lien. What will the investor need to satisfy the transfer of title?”

 

Matt’s Answer-

I  don’t have all the facts I might need, so I am going to make some assumptions.  If my assumptions are wrong, let me know.  I’ll change my answer, if the new facts make a difference.

 

I assume that the lien holder is not the investor.  I am not sure what you mean by “What will the investor need to satisfy the transfer of title?”  I assume that your questions concern how to complete the refinancing of this property, because the first financing obligation is now due and must be repaid.

 

If the investor holds a first mortgage and that mortgage is superior to the lien, I would simply extend the term (time period) and modify the provisions of the existing note or whatever other financing mechanism was used for the first financing.  Read the mortgage, if it exists, to make sure that it contemplates loan extensions, renewals, etc.  Make sure the mortgage is recorded.  And make sure the mortgage has priority over the lien.  These are things that will protect the investor, which should make the refinancing easier to complete.

 

If there is no mortgage and/or the lien has priority, I would need much more information to determine whether the lien poses a significant threat to the investor.  If the investor is not comfortable with the risks the investor is taking in refinancing your client’s transaction/property, then you’ve not created a win-win scenario.  By helping the investor, you’re helping your client.  All good deals are win-win deals.

 

I only believe in win-win deals.  If one party to an agreement or transactions is treated unfairly, then that is a bad deal.  Lawyers are the only ones who get rich trying to resolve, correct, undo or fix bad deals.  So, strive to create only win-win transactions and business relationships.

 

Finally, consult with a local attorney.  I’ve discussed general concepts here that might be impacted by state or local law.  I think you’re in Georgia.  If you need help finding a good lawyer in Georgia, please let me know.  I’ll try to help you with that.

 

I hope this helps.  Thanks for the question.

What is the message of your visual vocabulary?

Posted on | May 15, 2009 | No Comments

 

Annie Sever-Dimitri

Introduction by Matthew A. Griffith, J.D.

I had the pleasure of meeting Annie Sever-Dimitri at a Rainmakers’ Main Event recently.  We had a great conversation about the importance of image in developing brands.  Image doesn’t mean dressing very well, having clean shoes and combing your hair (for those of you with hair).  Annie and I agree that image can be “dressing down” at times.  It means there is a matching of your client’s expectations and how you meet those expectations.  Your image plays a huge part in your brand development.  That is especially true for small businesses and professional services companies.  So, this is a topic that I hope you’ll start to learn and understand.

Please enjoy Annie’s post.

 

Guest Blog by Annie Sever-Dimitri

As an image consultant, my job is to help my clients create the best first impression possible. Actually, I think we should revise the term “first impression” to be “first and last impression” because what others think of you when you first meet generally sticks for the long run. It takes only 3 – 7 seconds for the visual information we send to be picked up by others. I know—you haven’t even opened your mouth at that point. That is because experts state that roughly 90% of our language is received visually; only 10% of any message we send is derived from the movement of our mouths.

I bet you are now pondering your image, meaning your clothing, grooming, and body language. And your wallet. In today’s restrictive economic climate, business owners are only spending what is absolutely necessary. What you wear, the style of your hair, or how you stand when conversing may seem quite trivial when compared to other aspects of your marketing. But it isn’t when you really let it sink in that your appearance is doing the vast majority of your marketing for you.

Another point to consider is the fierce competition these days. How many marketing companies, ghost bloggers, and web designers do you know? What sets them apart from each other? I love this line from the inside cover of a marketing book called “Differentiate or Die” by Jack Trout : “The only way to truly differentiate yourself is by marketing the product’s uniquely valuable qualities.” When I network, I don’t see many people displaying anything unique with their appearance. Lots of khaki pants with beige shirts for the men; too much black; very few people providing a succinct message about their business because they just fade into the crowd.

We all need that extra edge over the competition. Image consulting provides that. Just like you have honed your message on the web and on paper using the expertise of marketing professionals, you must provide that same attention to your most valuable advertising asset of all: you.

Annie Sever-Dimitri

www.funcoach.biz

317-440-8783

Your Business Is Visible 24-7

Posted on | May 11, 2009 | 2 Comments

 

Your business, even if you are a sole proprietor, is visible to your customers, clients and competitors, 24-7. 

At any time of the day or night, your customers can see your website, read your blog, follow your Twitter, or talk about you to other customers.  Potentially, there is someone talking about your product, service, merchandise return policy, lousy guarantee, great receptionist, rude sales person, etc., any where in the world at any time.  In that sense, you only have limited control over your brand, and that means you cannot afford to make branding mistakes.  Nor can you allow unhappy customers to perpetuate dialogue that is harmful to your brand.  What control you do have over your brand needs to be carefully and wisely exercised.  You can’t afford dumb mistakes that can be accentuated through “negative viral marketing.”

 

The point I’m making really struck me after an experience I had this past weekend.  I was driving north on I-65 to visit family south of Chicago for Mother’s Day weekend.  A white  Chevy Tahoe passed my car going about 90 mph, swerving in and out of traffic and nearly hitting more than one other car.  The windows of the Tahoe were covered with vinyl marketing messages (i.e., a car “wrap”), advertising an upscale painting company located in Illinois.  As I watched the driver of the Tahoe endanger other people’s lives and property, I immediately thought to myself:

“I would NEVER hire that company to paint my house.  If I can’t trust the owners to drive a car responsibly, why would I trust them in my own home?”

 

Welcome to the world of marketing in the 21st Century.  It’s reality, so learn how to maximize the speed by which good news travels and minimize the bad news that can damage your brand.  Actually, I like to say that good news travels fast, but bad news travels even faster.

 

To finish my story about the Tahoe. . . as I was driving, I called the phone number on the advertisement on the Tahoe.  I left a “colorful” message on a voicemail, and I explained that the driver’s behavior was not only endangering lives but also damaging the image of the painting company.   A few minutes later, I got this text message in response:

 

I’m sorry if my husband, who is driving my Tahoe, offended u w/ his driving.  I called him and asked him to be careful on the highway.  Have a nice weekend-

 

Although I might not hire this lady’s husband, I might hire her.  She did a good job of damage control, and she might have saved someone’s life.  Had she actually called me personally to apologize, I would have given her an “A” in damage control.  She gets a solid “B.”  After her call to her husband, he slowed down and greatly improved his driving.  No one was hurt.  No accidents occurred.  It was a good day.

 

Clearly, it would have been better for this lady’s husband never to have behaved like that in the first place, especially as he drove a rolling company billboard up I-65.  But she did the responsible and business-wise thing in apologizing, taking responsibility and fixing the problem.  I am sure that she would have preferred a more positive marketing message from her car wrap, but she did minimize the damage to her company’s reputation with a phone call and a text message.  My hope for her is that she learns from the experience and puts in place safeguards to prevent similar bad incidents that might harm her company’s brand.

 

 

What are you doing to control your brand image, especially when you are asleep or when you’re not there to control your employees?

Fannie Mae’s Home Path Program Permits Investment Real Estate Deals

Posted on | May 9, 2009 | 8 Comments

 

Print

There is still a way to purchase investment property, other than with cash, by buying subject to an existing mortgage, or via a land contract.  I sat down with Mortgage Planner, Mickey Brooks, recently and learned about the Home Path mortgage program.  Mickey is one of the best mortgage planners I have ever met.  I am really impressed with Mickey’s command of mortgage programs and lending rules, and asked him for a guest blog.  He sent me a summary of the Home Path program in the form a letter to his clients.  I am posting Mickey’s letter here.  Enjoy.

                                 – Matthew A. Griffith, J.D.

 

clip_image002

Mickey Brooks, Mortgage Planner

JLB Mortgage Group

11769 Whisper Bay Court

Carmel, Indiana 46033

317.218.0283 (Office)     317.679.3501 (Cell)

mbrooks@jlbmortgagegroup.com

Saturday, May 02, 2009

“Dear Valued Partner,

As we enter 2009, the crisis in the financial markets seems to be the top story on every news channel. But many of the reporters and so-called pundits don’t understand what really happened, what’s happening today…and what may happen next.

That’s why I’m excited to tell you about a series of articles I’m creating to put an end to the confusion once and for all! In these easy-to-understand articles, with help from many resources, I explain in layman’s terms exactly what caused the current financial crisis, what the almost daily news reports really mean – and what to be watching for in the near future.

The content for these articles comes from various services that I have invested in to stay up to date and educated, in order to always best serve as your trusted advisor. It’s important to me to stay on the leading edge as a professional, and when I saw these resources, I wanted to make them available to you as well.

I’ll attach basic stories behind the crisis for your review, to help you better understand what happened, why, and where we’re going from here. The few minutes you spend reading them will open your eyes to what very few experts truly understand.

As your trusted advisor, I’m committed to doing whatever I can to help you understand what the current economic situation means for you going forward in 2009. Give me a call if you want to discuss strategies for strengthening your financial future in the weeks and months ahead.

Mickey Brooks

Fannie Mae HomePath Financing Program

Fannie Mae has just released a new program called HomePath® to help consumers buy and finance many of their REO properties. All FNMA REO properties are not eligible for HomePath financing. Only those properties listed at the following web site www.homepath.com with the HomePath logo

Print qualify for this program.

Fannie Mae HomePath® Mortgage Financing

The benefits include:

  • Low down payment and flexible mortgage terms (fixed-rate, adjustable-rate, or interest-only)
  • You may qualify even if your credit is less than perfect
  • Available to both owner occupiers and investors (Primary, Secondary, Investment)
  • Down payment (at least 3 percent) can be funded by your own savings; a gift; a grant; or a loan from a nonprofit organization, state or local government, or employer (2% Seller Maximum)
  • No mortgage insurance
  • No appraisal fees
  • Also eligible for HomePath Renovation Mortgage (see details below) (Primary Residence Only)

HomePath® Renovation Mortgage Financing

This special financing is available on Fannie Mae homes with the following logo:

Print

Available only on homes you make your primary residence and offers these benefits:

  • Financing to fund both your purchase and light renovation.
  • Low down payment and flexible mortgage terms (fixed-rate or adjustable-rate).
  • Down payment (at least 3 percent) can be funded by your own savings; a gift; a grant; or a loan from a nonprofit, state or local government, or employer.
  • No mortgage insurance.
  • Renovation funds are borrowed as part of the purchase financing and held in escrow until the renovations are completed.
  • Renovation Costs limited to 20% of the “as repaired or completed” value or $30,000, whichever is less, and renovations must be completed within 3 months of closing.

About Fannie Mae Homes

· Why does Fannie Mae have properties for sale?

Fannie Mae works with all of its partners to help homeowners prevent and avoid foreclosure; however, sometimes it is unavoidable. When foreclosures occur on mortgages in which Fannie Mae is the investor, our goal is to sell properties in a timely manner in order to minimize the impact on the community.

· What kinds of properties are available in the Fannie Mae HomePath database?

Fannie Mae’s HomePath database includes only properties that are owned by Fannie Mae. There is a wide selection of homes, including single-family homes, condominiums, and town houses — located in a variety of neighborhoods. The number, types and the sales prices of the homes that are offered for sale may vary substantially. Many of these homes are relatively new; however, older homes are offered in some areas. Some homes may require repairs.

· How is buying a home owned or managed by Fannie Mae different from other home purchases?

Usually, when you buy a home, you deal with a seller who lives in the home. Fannie Mae has acquired these properties through foreclosure, deed in lieu of foreclosure, or forfeiture.

When buying a Fannie Mae-owned home, you should know the condition of the property, as explained in more detail below, the cost of any needed repairs, and the steps in the loan qualification and closing process before you enter into a purchase and sales agreement.

· Has Fannie Mae fixed everything in the house?

Fannie Mae may make some repairs to properties to increase their marketability; however, the buyer should be aware that other repairs may be needed. Fannie Mae sells each property “as is,” which means that the buyer accepts the property “as is.” Fannie Mae is not responsible for fixing any problems after settlement. Even if the house has fresh paint, brand new carpet, new appliances, perhaps even a new roof or siding, it doesn’t mean everything in the house is new, or even works. Fannie Mae does not warrant or guarantee any work that may have been done on the property, whether as part of its efforts to sell the home or pursuant to conditions in the purchase contract. Where a home warranty is available, you may wish to buy it at your own expense. You should also consider hiring a qualified professional to inspect the property, whether it has been repaired or not. Hiring a home inspector is a recommended practice, no matter what type of home you buy.

· What can you tell me about this house?

If Fannie Mae knows of any hazards on properties we own or market, we disclose this information through our real estate listing agents. However, we may not have been informed by the previous owner of all hazards. We encourage you to have the property inspected by a professional before you buy.

· What type of sales contract does Fannie Mae use?

Fannie Mae uses a state-specific real estate purchase contract and a real estate purchase addendum for our properties. If there is anything in the document you don’t understand or aren’t comfortable with, you may want to contact a real estate attorney, the real estate sales professional who has listed the property, or any real estate professional of your choice to review these documents with you.

· Do I have to use Fannie Mae’s selected title, settlement, or escrow companies?

No. You may designate the title, settlement, or escrow company of your choice, subject to the terms of the contract.

· Will Fannie Mae accept an offer contingent on the sale of my house?

No, Fannie Mae will not accept offers contingent on the sale of your current home. Other types of contingencies will be considered on a case-by-case basis.

· Why does Fannie Mae require a lender’s prequalification statement before negotiating a home purchase offer?

Fannie Mae wants to be sure that prospective buyers will be able to complete the sales transaction, including obtaining financing when needed. Prequalification allows you to see how much house you can afford and the mortgage amount you may be able to qualify for before you make an offer on a home. It also helps you focus on homes in an affordable price range. A loan prequalification doesn’t mean your loan is approved. You must apply for a loan separately, after you are prequalified and your purchase offer is accepted.

· Does Fannie Mae provide special financing?

Special financing is available on many properties through HomePath® Mortgage and HomePath® Renovation Mortgage.

· Can I buy a house directly from Fannie Mae without going through a real estate sales professional?

No. Fannie Mae depends on the expertise of local real estate sales professionals and accepts offers only through our real estate listing agents. You may work with any real estate sales professional to submit an offer to the real estate agent who has listed the property.

· What happens if Fannie Mae gets more than one offer?

All interested parties may be asked to submit their best offer in writing though the listing agent no later than a specified date and time. Fannie Mae may accept or provide a counteroffer that we determine to be in our best interest. Fannie Mae is not obligated to accept any offer submitted.

General Mortgage Lending Terms

There are many underwriting contingencies with these programs so please call me to work out the details that fit your financing needs.  (Call Mickey for a current chart on lender terms.)

Protecting Your Business From the Lowest Common Human Denominator

Posted on | May 6, 2009 | No Comments

warning sign

 

Recently, I was helping a client write a User’s Manual for a new product it is going to manufacture.  I was writing warnings about injuries that could result from the misuse of the product.  Later, as I was explaining to the client why I included some fairly obvious warnings, it struck me how ridiculous the law has become and how businesses are constantly under threat from frivolous lawsuits.

 

Mind you that this post is not about dangerous products or unsafe stores.  Rather, this is about customers and clients blaming you and your business for obvious errors made by the client or things clearly beyond your control.  Let me give you some examples to illustrate my point.

 

In products liability cases, manufacturers have to tell a consumer how to use and how NOT to use a product.  Manufacturers must also warn consumers about the consequences of misusing a product.  It is not enough to assume that a consumer will use a product for its obvious and intended purpose.  Nor is it enough to assume, for example, that a consumer understands that lighting a charcoal grill in the living room might cause a house fire or dangerous fumes that might harm people’s lungs.  You have to assume, as another example, that a consumer might try to scrap paint off an old house using a weed wacker.  Sounds ridiculous, but that’s a fair view of how the law now works.

 

The law requires you to protect your business against the dumbest customers imaginable.  Assume that your customers will make the silliest mistakes.  Now guard against those risks.  Unfortunately, that’s how you must now operate.  You cannot assume that your customers are of average intelligence.

 

Please understand that there is a gap between what the law says and how it is actually applied.  The law does not actually require you to protect yourself from injuries or losses sustained as a result of a customer’s unreasonable errors in judgment, but judges and juries apply the law that way.  Bad facts, as we say, make bad law.  Sure, you can appeal.  But at what costs?

 

Most people have heard of the “reasonable man” or “reasonable person” standard.  That remains the law.  There is, however, the reality of what judges and juries do in actual cases.

 

The solution to these business risks is to prevent claims and lawsuits by assuming the worst.  Create systems, policies and procedures that guard against claims by your dumbest customers and clients.  Get insurance.  Work with a good attorney, and take my warnings seriously.  In short. . .

Hope for the Best, but Plan for the Worst. 

Why Hire a Commercial Broker

Posted on | May 1, 2009 | No Comments

 

Guest Post by Matt Jackson, Vice President, Halakar Real Estate.

halakar logo

 

Introduction by Matthew A. Griffith:

Everyone is watching the real estate market these days, because of the strong links between the state of our economy and real estate.  What is important to remember, however, are two things:

1.  All real estate is local, and

2.  Residential and commercial real estate are very, very different markets.

 

I meet with experts on a regular basis to learn what they know.  So, I recently sat down with Matt Jackson, Vice President, Halakar Real Estate, to talk about the state of real estate here in Central Indiana.  Matt had some very interesting observations about commercial real estate being a barometer for how small business is coping with the recession.

 

After we met, I asked Matt to share more of his thoughts and observations for my blog.  Here is a guest post by Matt.  Please enjoy:

_______________________________________________________

Why Hire a Commercial Real Estate Broker

Matt Jackson, Vice President, Halakar Real Estate

Matt Jackson-Photo

Matt Jackson, VP, Halakar Real Estate

One Indiana Square
Suite 2500
Indianapolis, IN 46204
Office: 317-964-0000 Ext. 228
Mobile: 317-340-3969       
Fax:    317-964-1144
MJackson@Halakar.com

 

A real estate transaction tends to be one of a business owners least favorite items to deal with.  There are three reasons why:

1) Time.  A business owner or their office manager does not have the time to deal with office/industrial leasing matters because they are too busy guiding their ship.
2) Lack of Market Knowledge.  Most tenants of leased space are not in the commercial real estate business therefore they are unaware of market trends.   If a owner is proposed a 3% rent increase is this “acceptable” per market standards?  Business owners are too busy worry about their company to worry about what they should be paying per square foot in rent.
3) Cost.  We all have heard time is money and typically the owner of a business’ time is extremely valuable, therefore any time that is spent on dealing with lease negotiations is time that is spent away from building ones business.

The solution for this problem is to find a commercial real estate broker that you TRUST.

Commercial real estate is not rocket science but there are certain matters of negotiation that do change on a week to week if not day to day basis.

There are some common misperceptions of negativity in hiring a commercial real estate broker that some tenants have.

 

Tenant: “My attorney is going to help me with my lease negotiation”.

Response: Should your attorney be involved with your leasing process? ABSOLUTELY.  In any instance that a tenant is leasing space they should have their attorney review their lease.  A lease is always written to benefit the writer (aka-the landlord).

 

Tenant:  “I don’t want to pay a fee to you for representing me” or “I don’t want to have to pay more for having a broker represent me”.

Response:  First and foremost commercial real estate brokers typically do not charge a fee for their services as the tenant’s representative is typically paid by the landlord… thus leading to… Tenants have a belief that if a landlord is paying a fee to their representative it will be reflected in their rental rate.  A broker’s job is to reduce their client’s overhead, not amortize their fee in a lease.  If a broker does a good job for their tenant the tenant will see a REDUCTION in their rent – not an increase.

 

Tenant:  “I don’t want to anger my landlord because we have a good relationship”

Response:  No one is in the business of ruining relationships and it stays true in commercial real estate.  A broker is simply the “trusted advisor” that a tenant hires to make sure they are making wise business decisions.  A landlord will not look at this negatively as 9 out of 10 times the landlord has a broker – so shouldn’t you as a tenant do the same?

90% of the job of a commercial real estate broker is EDUCATION.  At no point will you be as well versed in the market or negations of real estate as your broker but you will feel much better about WHY you are making the decisions you are.
Much like a doctor warns you of the hazards of eating fatty foods or not sleeping enough your broker should educate you on the benefits and negatives of all deal points.

Some Quick Pointers:

  • As tenant are you paying “CAM charges” or “CAM pass-throughs.”  If you answered yes it might be worth discussing with your broker.  These charges are “pass-throughs” that the landlord charges above the base year, while common practice there are ways as a tenant to reduce your exposure.
  • Are you a tenant who’s lease is up for renewal in 2009-2010?  Right now the going amount of free rent for a office tenant committing to a 5+ year lease is 2-6 months.  Properties and Owners differ on this lease incentive.
  • Again, if you are a tenant up for renewal most landlords are willing to commit new tenant improvement (TI) dollars to keep you.  If you don’t ask, you won’t receive.
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