commercial real estate · Malls · Office Properties · Retail leases · Uncategorized

Two words that STILL don’t exist in commercial real estate (this time related to sales reporting and percentage rent)

Last year, upon returning from ICSC’s John T. Riordan School of Professional Development in Minneapolis, I felt the need to write a blog entry on the use of “ALWAYS” and “NEVER” when referring to commercial leases. In short, the only absolute that may exist in commercial real estate is that there are no absolutes. This… Continue reading Two words that STILL don’t exist in commercial real estate (this time related to sales reporting and percentage rent)

commercial real estate · Malls · Retail leases · Shopping Center · Uncategorized

The percentage rent unicorn revisited

A while back, we had addressed the “percentage rent unicorn” – that landlord dream within a dream (Hopefully, you are thinking The Princess Bride right now) – where landlords can bill percentage rent over a monthly breakpoint with no annual reconciliation. It is not something we see often, but when we do, it often leads… Continue reading The percentage rent unicorn revisited

Malls · Retail leases · Shopping Center · Uncategorized

A few more issues related to excluded area contributions

Last week we addressed a few of the issues to consider related to excluded area contributions, but two properties that we worked on this week made me realize I missed discussing two very significant issues – refunds/credits and recaptures as they relate to excluded area tenants. At one of the properties, an excluded area tenant… Continue reading A few more issues related to excluded area contributions

Malls · Retail leases · Shopping Center · Uncategorized

Distorted sales and sales audits

Over the past 2 months, there have been a number of stories about tenants “distorting” sales including this one in Shopping Centers Today – https://www.icsc.org/news-and-views/icsc-exchange/tenants-should-include-more-internet-returns-in-reported-sales-simon-says It is almost presented as a “breaking news” type item, but this issue, including internet returns and its technological predecessor, catalog returns, has been an issue as long as tenants… Continue reading Distorted sales and sales audits

Malls · Office Properties · Retail leases · Uncategorized

A couple of percentage rent/gross sales issues this week

This week, we were working on an acquisition of a property in the southeast. One tenant occupied the majority of the property, with a handful of other tenants accounting for about 10% of the leasable area, but about 20% of the income. There was a restaurant tenant that had a unique name that I had… Continue reading A couple of percentage rent/gross sales issues this week

Malls · Office Properties · Retail leases · Shopping Center · Uncategorized

Same difference – more subtle changes in lease language

I grew up using the expression “same difference.” I think I used it when I said something that I believed was right, but someone pointed out something that was wrong about what I said – but it wasn’t important enough for me to care. I think today I would probably just say “whatever.” There are… Continue reading Same difference – more subtle changes in lease language

Malls · Retail leases · Shopping Center · Uncategorized

Looking behind the retail curtain at the holiday

Way back when in high school, I was on stage crew for the school’s productions. What I realized was that after doing that for several years, whenever I went to a Broadway show or musical, I would be at least as interested in how the crew handled the sets and lighting and sound as I… Continue reading Looking behind the retail curtain at the holiday