STEP FIVE:
Our Expert Contract Negotiation
We begin the negotiation phase
with a “broad brush” approach in which
we communicate with the listing brokers of properties
selected by our client regarding the two components
of their lease: economics & terms/conditions. We
negotiate in a fair and honest manner as we” level
the playing field” for our client.
The initial phase of the negotiation
process has to do with agreement of economics (i.e.,
rental rate and tenant improvement allowance). This
phase of the process determines the client’s
decision to either move ahead with the particular property
of interest, or pursue other properties.
Preliminary discussions with Landlord’s/Seller’s
broker
prior to forming a lease or purchase contract:
The terms/conditions phase is more protracted due to the large number of key
issues that are important in order to protect our client’s financial well-being
with regard to the real estate portion of their dental practice. Our role is
to make sure that all of these business points are agreed upon between the landlord/seller
and our client prior to the formation of a lease or purchase contract.
Because we are experts in negotiating the business points in dental lease/purchase
contracts, it is customary for Gelfand Group to require certain terms/conditions
also be agreed upon prior to the formation of a lease or purchase document. These
terms/conditions are pivotal in protecting our client’s interests. Should
there be no concession from the landlord/seller, we meet with our client, and
explain the perils involved. As the client understands the high risk entailed,
he/she not move ahead with a property whose terms and conditions are perilous
to their financial well-being. Should that be the case, we will then proceed
to brokers of the other properties of interest and repeat the “preliminary” phase.
Receipt of initial lease or purchase document
from landlord’s broker:
When agreement has been reached regarding economics, as well as terms/conditions,
the landlord/seller presents the initial lease or purchase document. We thoroughly
analyze the entire document relative to all business points negotiated by Gelfand
Group for previously agreed-upon items between our client and the landlord, or
seller, and identify any areas in need of negotiation to protect our client’s
interest in the transaction. After we identify any discrepancies, margin notes
are included in the lease or purchase document indicating the needed additional
revisions. Discussions are held with the landlord’s/seller’s listing
broker. Our goal is to reach agreement with the landlord/seller by resolving
the previously-noted discrepancies necessary to protect our client’s interests.
Evaluation of proposed lease or purchase
contract:
A meeting is held with the client to evaluate the proposed contract. Because
of our wealth of knowledge regarding the often obscure nuances of lease/purchase
contracts, we explain in non-real estate language, how the contractual conditions can affect
practice profitability, whether positively, or negatively. When the client has
a clear understanding of all implications of the lease/purchase contract, we
collaborate with the client as we develop a final negotiation strategy reflecting
the client’s individual criteria, while focusing on protecting the client’s
interests.
Resolution of contractual items for preparation
of final lease or purchase document:
When all contractual items have been resolved, we request a revised lease/purchase
document reflecting the final changes agreed upon. We proofread the final lease/purchase
document for any errors regarding business points previously agreed upon, and
take appropriate action to resolve the discrepancies.
The final lease or purchase contract is ready for legal review
by client’s real estate attorney of choice.
STEP
SIX: Final Agreement & Contract >>
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