Legal Question in Real Estate Law in California

Leasing out business and the property combined

I have certain business and property. i want to lease the business and the property at certain dollar amount per month(I am not selling the business). I need to use a legal form for this agreement and need to know what legal form to use.

thank you


Asked on 9/21/04, 1:09 pm

2 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Leasing out business and the property combined

You'll need an attorney. I am qualified for this. Contact me and I'd be happy to discuss and provide my resume.

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Answered on 9/22/04, 1:36 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Leasing out business and the property combined

There are form leases for commercial property which may be suitable for use on a fill-in-the-blanks basis in the simplest of situations. Most commercial landlords have their own lawyer-drafted lease forms, and more often than not even these undergo revision during landlord-tenant negotiations.

I cannot imagine a pre-printed form that would be adequate for a lease of a business premises and the business itself.

One of the main reasons is that there are so many issues to be negotiated and documented. I could not begin to mention them all, but consider cash, receivables, employee contracts and benefits, supplier relations, customer relations, trademarks, trade secrets, product liability, insurance, permits and licenses, goodwill, maitenance and repair, security and collateral, property taxes, income taxes, and on and on.

The proposed transaction is ripe for disputes down the road, and using the best lawyer available and not being stingy with allowed hours of legal work on researching, negotiating and documenting the deal is the way to go. It's a complicated deal, and there's no way to handle it as though simple without incurring high risk.

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Answered on 9/21/04, 2:19 pm


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