Option fees, deposits and sale of land contracts
In a put and call option agreement for the sale of land, the option fee is commonly credited towards the deposit once the option is exercised. If a contract is...
What is a specialist valuer required to have regard to in determining the current market rent?
To what extent is a specialist valuer required to have “adequate regard” to certain factors when determining the current market rent? If a valuer omits or does not refer to...
Can lease incentives be clawed back?
If a lessee is in the wrong and has breached the lease resulting in a premature lease termination, you would expect the lessor would be able to claw back its...
Is Oporto the same as KFC?
How much control do you have, as a lessor, over the type and style of a proposed retail operation when it comes to a lease transfer? You’ve leased a shop...
When is a lease agreement not an agreement?
We see in retail leases the phrases, “the parties agree to agree on…” and “the parties will discuss and agree on…” But what if they don’t agree? How can a...
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