When a business changes hands, the lease attached to it can be just as important as the business itself. This is especially true for restaurants, retail stores, salons, and other companies that rely heavily on location and customer traffic. A strong location can add value to a business. However, the downside of the equation is that a problematic lease can create unexpected headaches for both buyers and sellers.
For anyone considering the purchase of a business, reviewing the lease should be one of the first steps in the process. Sometimes the lease is treated as an afterthought by buyers. It’s important to realize that even if the business is profitable and well-established, lease terms can limit your future growth or even create financial issues for you down the road.
Every lease should outline the responsibilities of both the tenant and the landlord. Maintenance obligations, taxes, insurance, repairs, and disaster recovery should all be addressed. If you are a buyer, you should review every section carefully with an attorney before signing anything.
Sellers also need to understand how much control a lease may have on the overall deal going through successfully. After all, a difficult landlord or restrictive agreement can delay negotiations. It can even prevent a sale from moving forward at all.
One of the smartest approaches for buyers is to try not to lock themselves into a long-term commitment with a lease too quickly. Having flexibility early on can make those transitions easier. See if it’s possible to opt for shorter lease terms with options to renew later if the business continues to perform well.
Your lease negotiating power will often depend on timing. You should also take market conditions into account. Sometimes buyers don’t think of the fact that if a lease is close to expiring, landlords may be more willing to renegotiate terms in order to keep a tenant in place. The same can happen if the business has struggled financially. In this scenario, the landlord might want to avoid the headaches of a vacancy. Of course, buyers do not always have significant leverage. However, keep in mind that opportunities to negotiate do exist, particularly when the property owner wants stability.
Buyers should think carefully about future protections before they sign on the dotted line. Consider what might go beyond the obvious clauses like rent costs and length of the term. For example, businesses located in shopping centers or malls may want clauses that prevent direct competitors from opening nearby. Some tenants also negotiate rent reductions if a major anchor store in a shopping center closes. After all, a decrease in foot traffic could directly impact your sales.
Consider whether you will have the ability to transfer the lease in the future. A buyer purchasing a business today may eventually decide to sell it later. If the lease contains transfer restrictions or requires approvals, that could become a big obstacle for you one day when you go to sell the business. Clarify these types of conditions upfront, as this can save considerable trouble later.
Remember that your lease means way more than just more paperwork to sign. It can directly affect profits and the future value of your business. It’s essential that you take the time to negotiate favorable terms and fully understand the agreement, as this can make a difference long after the sale is complete.