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SIGNING A LEASE FOR A SPACE YOU CAN'T OCCUPY!!!

By
Commercial Real Estate Agent with KW Realty Centre-Columbia, MD

It sounds simple.  You need 10,000 sq. ft. of warehouse space to house your inventory, and to do some light manufacturing or assembly.  You drive around the local warehouse districts and industrial parks, and you find a place that suits every one of your needs.  So, you sign a lease, and you are ready to move in. 

Just as the moving trucks have been scheduled, you find out that you can't use the property for your intended purposes.  Think it can't happen?  It can, and it does.  Worst of all, most lease language puts the onus of finding out whether you can use the space on the tenant.  So, you would remain responsible for payment of rent whether you can use the space or not.

Many cities, including South San Francisco (for example), have re-zoned entire quadrants of their towns for other uses.  With Genentech and others eating up portions of South San Francisco, some large areas have been re-zoned for bio-tech and other uses.  Yet, there are furniture warehouses, organic produce warehouses, and many other similar uses throughout the area.  If you drive through there, you'd think that it would be no problem opening an inventory warehouse.  Unfortunately, unless your use is grandfathered in to a particular location, you are probably out of luck.

When the dot.com boom occurred several years ago, high tech businesses were eating up downtown retail locations.  In an effort to maintain the character of their downtown areas, many local cities enacted statutes requiring occupants of the downtown storefronts to be retail in nature.  They often define "retail" as someone with a high percentage of their revenue derived from the sale of goods.  If you are a karate or yoga studio, a tutoring facility (like a Sylvan learning center, for instance), you don't qualify as retail.

Here's a third example.  Some cities have imposed a moratorium on new restaurants in certain areas.  If you find a space in an area with a lot of restaurants and sign your lease, only to find out that you can't open your restaurant there because of a moratorium, then you are in a bad spot.

Many tenants, especially mom and pop operations and franchisees that don't have good representation, just drive around the area looking for spaces.  They see a bunch of "for lease" signs, and they pick what they think is the perfect spot.  However, any number of things can stop you from being able to occupy, including zoning laws, moratoriams on certain uses, hight and density restrictions, parking restrictions, and many other things.

It's better to be safe than sorry.  Before you sign your lease, make sure that you can actually occupy and use the space that you lease.  It isn't the slam dunk that it appears to be in some cases.

 

 

Tom Ski
BeFirst Media Group - Lakeside, MT
Social Media Marketing, Online Radio

Good Advice.  Thank you

http://www.westernmontanagrapevine.com 

Jan 05, 2009 11:31 AM
Martin Ktoda
Connect Realty Inc - Seattle, WA

Evan ,good information to have .

Jan 05, 2009 12:20 PM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Everyone needs to pay attention to what you are saying.  Do your due diligence!

Jan 05, 2009 12:24 PM
Brett Tousley
Keller Williams Realty - Richland, WA
Tri Cities Real Estate | (509) 420-0013

I'd imagine you get these calls fairly often. "we signed a lease and just found out we can't do "x" like we intended...can you help us?"

Even though most business owners are highly capable self starters, they are not experts in commercial real estate.  They would be wise to enlist the help of an experienced broker to represent their interests.

Jan 05, 2009 12:25 PM
Barbara Delaney
Park Place REALTORS, Inc. - Roanoke, VA

Dear Evan,

Great advice. Business owners really need to become more aware of the pitfalls of buying a commercial property without the advice of a competent commercial agent.

Sometimes buyers want to use a friend or their favorite residential agent. This can be a major mistake if the agent doesn't have the expertise, or doesn't enlist the aid of a competent commercial agent!

Thanks for sharing,

Barbara

Jan 05, 2009 01:18 PM
Mike Henderson
Your complete source for buying HUD homes - Littleton, CO
HUD Home Hub - 303-949-5848

Shows the need for a good commercial Realtor, even if you don't buy the property.

Jan 05, 2009 03:00 PM
Tim Bradley
Contour Investment Properties - Jackson Hole, WY
Commercial Real Estate Expert in Jackson Hole, WY

Nice to see another commercial agent on ActiveRain! I've shared that situation with more than one customer who wanted to put a salon into retail, or a restaurant into a warehouse, or a gallery into an office, or ... It pays to know your local zoning!

Jan 05, 2009 03:28 PM
George Wilson
Lincolnton, NC - Lincolnton, NC

Dear Evan,

I had same problem with a light commercial bldg that I listed. The buyer agent brokered a deal whereby they option lease/buy for 6 months to get their business off the ground & then purchase with a portion of lease as credit at closing. They weren't in the building for 24 hrs before they were shut down by the local zoning. The buyer wanted his security back and seller said no; so when his agent called to complain & I asked did they checked 1ST. Guess what the answer was?

I have worked with zoning several times on commercial & vacant residential lots and they are very eager & willing to help with possible zoning issues/recommendations.

Bottom line is before you sign; check & double check and get the name of who you talked to.

Jan 05, 2009 05:28 PM
James Iodice
Coldwell Banker Weir Manuel - Waterford, MI
Associate Broker, Selling Homes and Offices

Excellent advice for consumers and agents who do not understand commercial. Good work. You should post this in the Commercial Real Estate Group and localism!

Jan 06, 2009 12:18 AM
Anonymous
Jerri McCombs, Keller Williams Realty, Hendersonville NC

Great article! I don't do commercial but if I ever do I will now know how to advise someone.

 

Jan 06, 2009 02:04 AM
#10
Tony and Libby Kelly
Keller Williams Realty Portland Premiere - Lake Oswego, OR
CRS, ABR, ePro, SRES, CLHMS, CDPE

That is really good to know. 

Jan 06, 2009 02:44 AM
Anonymous
Kathy Opatka

WOW!!!... What an eye opener! ... Thanks for sharing!

Kathy Opatka, Re/Max Premier Properties, Ocean City, Maryland

Jan 06, 2009 05:14 AM
#12
Kelsey Barklow
Hurd Realty - Johnson City, TN
423/948-9154

Great point and something I had never thought about. I haven't done any commercial yet and probably won't but you never know...

Jan 06, 2009 10:31 AM
Anonymous
Anonymous

http://company-catalog.info/Keywords/newyork/Default.html

 

property without the advice of a competent commercial agent.

Sometimes buyers want to use a friend or their favorite residential agent. This can be a major mistake if the agent doesn't have the expertise, or doesn't enlist the aid of a competent commercial agent!

Thanks for sharing

happy new year,wish you happy and lucky

Jan 06, 2009 10:31 PM
#14
Anonymous
imin

property without the advice of a competent commercial agent.

Sometimes buyers want to use a friend or their favorite residential agent. This can be a major mistake if the agent doesn't have the expertise, or doesn't enlist the aid of a competent commercial agent!

Thanks for sharing,

Jan 06, 2009 10:32 PM
#15