Law Blog

Due Diligence Essential for Businesses When Leasing Space

Due Diligence Essential for Businesses When Leasing Space

Commercial Leases, Contracts, Real Estate
All too often in the commercial real estate world, we think about due diligence strictly as it applies to the purchase of commercial property or land. However, doing thorough due diligence can be just as important for a business looking to lease commercial space (whether office, retail, or industrial). A recent case that came to our office illustrates this. The tenant was a business looking to move into an older yet upscale retail shopping center in North Scottsdale. The tenant had been unhappy in their current location and with their current landlord and its property manager for many years. They were eager to move and the space at issue was a second floor one in the shopping plaza they had been dreaming about moving to for awhile. The tenant's business…
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LLC Operating Agreement should clearly spell out Ownership Interests

LLC Operating Agreement should clearly spell out Ownership Interests

Business Formation, Entity Formation, Limited Liability Company, Operating Agreement
A situation that came to us recently highlights the importance of having ownership percentage interests spelled out clearly in your Arizona limited liability company's Operating Agreement. Jay and Pat: a cautionary tale A person we'll call “Jay” was in business with his partner “Pat”.  The two had met because their kids were in after school activities together.  It turns out Pat had a great product but lacked people skills and was not much of a salesperson.  Jay, on the other hand, loved people and was born to sell.  After sampling the product one day, Jay asked if he could sell the product for Pat and receive a percentage of sales.  Pat thought that this was a great idea, to the point of turning around that very day day and forming an…
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