San Diego Business Lawyer Blog

In today's San Diego commercial leasing market, some business owners are taking advantage of increased bargaining power when negotiating lease terms. Others see an opportunity to purchase property as the commercial real estate market continues to decline in value. The primary advantage of buying commercial space over leasing is the generation of equity over time via market appreciation. There can be no doubt that there are some real bargains in San Diego today, and the potential for equity growth is strong. However, the decision to buy commercial property instead of leasing requires thoughtful consideration.

One of the most important considerations is the balancing of a growing business' cash flow against the 20% down payment generally required for the purchase of commercial property. If a down payment depletes needed cash flow from a new or growing business, it's likely not the time for a risky real estate investment. If a business has excess cash in its coffers for capital investment, there may never be a more obvious time than now to snap up a great value. Most businesses, however, are somewhere in the middle and will want to prepare a detailed evaluation of both options analyzing net present value cash flow (taking into account the anticipated appreciation of purchased property versus anticipated rental increases, interest rates, costs associated with lease expiration and other expenses over the term of the lease), the value of the respective locations to the business, growth considerations, cash flow needs and opportunity costs (potential economic gains from the alternative use of cash). Moreover, in many cases commercial properties have multiple units adding to the complexity of the decision. With multiple units comes the potential for additional income, but also additional responsibility and the risk of unleased space. These considerations are especially difficult for start up businesses which require greater flexibility. Start up businesses will want to attach greater weight to its cash flow needs.

The idea to purchase commercial property instead of lease is often an accident. Businesses stumble across property for sale as they search for suitable leasing space and see an opportunity they hadn't previously considered. Whatever the reason, the benefits of ownership are appealing. It allows for complete control over the property, equity growth (especially in the long term), long-term customer relationships and permanent visibility in the community. The benefits are even greater in today's real estate market where bargains are plentiful. Consult a commercial lease attorney and/or a commercial real estate professional for assistance.

Property owners in San Diego know that their commercial leases are valuable assets. In the face of a struggling market and conflicting input from accountants and lawyers, they recognize the benefits that a long term existing tenant offers. They are inundated with bad news from the media. The San Diego Union-Tribune tells them that the commercial real estate market will not begin recovering until late 2011 or early 2012. They are reminded daily of the recession and its particular affect on the San Diego leasing market because of the abundance of "For Lease" signs around town. While well capitalized REITs (Real Estate Investment Trusts), pension funds, insurance companies and other large commercial property owners should weather the storm, mid-level and smaller companies face difficult times, especially those that purchased at the peak of the market.

Many would rather accept a short or long term rent reduction than face the prospect of losing their tenants to failed businesses. The solution is particularly attractive to smaller-scale landlords facing vacancies rates approaching 25%. By offering rent reductions to help potentially failing businesses survive the recession the property owner not only keeps the particular space filled, she strengthens the business relationship with the tenant and creates a goodwill that cannot be valued highly enough. In addition, the business owner is less tempted to take advantage of the lease opportunities offered elsewhere around the San Diego County.

Under the right circumstances, rent reductions offer a viable business solution to a tough economic dilemma. This is a forward looking approach that leads to long term prolific relationships. When the time comes for current tenants' businesses to expand, they will look to the property owner that took care of them during hard times first. Rent reductions present a short term practical solution for the commercial property owner while simultaneously creating invaluable goodwill.  Consider contacting a San Diego business lawyer to evaluate your lease.