Commercial Institute - Real Estate Continuing Education
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how to successfully negotiate the commercial lease

TREC Approved MCE Course Number: 090007424443 (9 Hours)

This course is invaluable to the tenant rep broker, the property manager, and the owner’s building rep. Even CPA-brokers, attorney-brokers, and CCIMs have complimented this course.

This comprehensive course is a detailed exploration of the commercial lease document and its usual clauses. The student is presented with specific negotiation strategies from both the landlord and tenant’s perspective.

Generally leases have a predisposition to favor the party who drafted it. The goal of this course is to assist the commercial real estate professional in learning techniques and options so the final negotiated lease document equally serves both landlord and tenant. At the successful conclusion both parties find they are legally protected so inherent risks are appropriately considered.

This practical course includes critically important negotiation checklists, techniques, and strategies for successfully navigating all clauses likely to be included in a modern commercial lease. A sampling of what the student will learn includes:

  • How to negotiate the pro-landlord lease for balance and fairness
  • The four key objectives the tenant rep must achieve for the tenant
  • The clauses not to waste your time on
  • The problems to avoid with lease renewal options
  • How to successfully negotiate the future
  • How to protect your tenant from new lenders or owners
  • Operating Expenses: The essential components the landlord must include
  • The items of operating expenses the tenant must have deleted
  • The right way for the tenant to negotiate audit rights
  • The advantages and disadvantages of “Grossing Up” expenses
  • A proper strategy for security deposits to eliminate the most common abuses
  • The historical perspectives on allowable uses of the leased property
  • A thorough discussion of lease types
  • The top clauses for tenant protection (and strategies for success)
  • The top ‘Must-Have’ strategies for the landlord
  • How to negotiate a variety of landlord acceptable expansion rights
  • How to avoid the tenant’s greatest mistake when negotiating space size
  • When and how access can be safely given to the tenant before the lease commences
  • How to mediate oppressive default and breach clauses
  • Better ways to negotiate end-of-lease options for the tenant

This course does not have a required Final Exam.

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