Protection from business risks can be achieved by excluding hidden business risks, while including signed protected agreements within the lease.
A lease has two operative functions: business and legal. And both functions exist to assign risk between the parties in a lease contract. Both functions are important; however, signing a lease that contains hidden business risk places the dentist in a perilous position and can be devastating to the financial well-being of a practice.
Hidden business risks in leases and their effects on the dental tenant must first be identified through in-depth knowledge; then, must be skillfully negotiated for dental tenant protection.
We refer to “hidden” business risks because many times, they are overlooked or their ramifications are not understood by many commercial real estate professionals, who, in turn, leave the majority of lease negotiation to the client’s attorney.
Most attorneys review and negotiate leases only for proper legal language, enforceability and conditions of security. They do not typically negotiate for business protection as it is a separate function of a lease. Business negotiation is DENTREXX's job and it is expertly performed at no cost for our clients.
A few of the “hidden business risks” dentists will be responsible for without having DENTREXX on their side, watching their back:
- A building foreclosure – lease is void. Dentist loses his/her lease.
- Practice is being sold. Landlord has the right to take back the existing lease with rights to alter lease obligations and increase the rent.
- Vendor or lender financing for equipment can be denied.
- Dentist is required to pay contractor for shoddy work.
- Dental tenant is forced to pay for repair of building defects.
- Practice owner becomes permanently disabled or dies. Lease goes into Default. Landlord takes back the space. Practice is forced to liquidate at a reduced price.
Guess what – there are many more risks that can cost thousands and rob dentists of their sanity!
Very few, if any, negotiators are able to negotiate these hidden business issues successfully to the tenant’s advantage. We are successful – in the rare instances that we’re not successful, we counsel the tenant to walk away from the deal. Tenant/landlord relationships last a long time. Start off on a positive, business-friendly relationship!
"Hidden Business Risks" in Leases that are overlooked by most real estate professionals and many attorneys can wreak havoc in practice ownership – in profitability and in time away from patient treatment spent to resolve problems that can become nightmares.
- Additional Location Restriction
- Alteration Permission
- Animals Not Permitted
- Business Operating Hours
- Building Name ChangeBuilding Rule Changes
- Business Transfer or Sale
- Capital Improvements
- Construction Bond
- Discretionary Maintenance
- Default Notification
- Display Windows
- Downsizing Right
- Escrow Improvement Allowance
- Exclusive Right
- Favored Nation Clause
- Fees
- Financial Statements
- Force Majeure
- Gross Negligence
- Hazardous Substances
- Hold-Over
- HVAC Inspection
- Insurance
- Landlord Entry to Premises
- Landlord Interruptions
- Landlord’s Lien Rights
- Landlord Repairs
- Latent Construction Defects
- Late Charge
- Lease Space Measurement
- Legal Fees
- Lender Charges
- Liquidated Damages
- Management Fee Limitation
- Material/Mechanic Lien
- Modification of Common Area
- Noxious Odors
- Operating Expense Audit
- Operating Expense Limit
- Opening Banners
- Parking Report
- Patent Records
- Percentage Rent
- Personal Guarantee
- Practice Sale Right
- Practice Sale
- Premises Use
- Professional Fees
- Profit on Sublease or Practice Sale
- Quiet Enjoyment
- Recapture
- Relocation by Landlord
- Removal of Improvements
- Renewal Option
- Renewal Options Convey
- Renewal Option Rate Increases Defined
- Rent Offset
- Right of Access
- Right of First Offer
- Roof Replacement
- Sales Reports and Records
- Security Deposit Return
- Sign For Lease or Sale
- Sign Rights
- SNDA Agreement
- Subleases by future Sublessees
- Sublease Request Response
- Sublease Revenue Cost
- Tenant Association Participation
- Tenant Default (monetary)
- Tenant Default (non-monetary)
- Tenant Sublease Rights
- Trade Fixtures
- Traumatic Event
- Vacancy/Abandonment
DENTREXX Does What Others Don't.
DENTREXX exclusively represents dental tenants and buyers in selecting strategic locations, negotiating money-saving Letters of Intent, and in negotiating business protective stipulations throughout the dental lease.
Leave the real estate portion of your dental practice to us.
FOCUS ON CASE ACCEPTANCE.
What dental practices don't know can cost them thousands...
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