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You may have started a business recently and are now looking for a location from which you will operate said business.
As you are in the early stages of your business, chances are that the property from which you will operate said business will likely not be owned by you. Instead, you will be looking for a commercial space to lease from which you can operate your business.
Commercial leases usually contain a myriad of legal terms and conditions which if not negotiated thoroughly can lead to payments of thousands of dollars beyond the base rent.
Some of the keys items that should be discussed include but are not limited to whether there is a requirement for an indemnity from the principal(s) of the tenant corporation; what is covered as part of Additional Rent beyond the agreed upon Base Rent; rights to assign the lease; rights to sublet the lease; rights of renewal and extension; right of first refusal on a purchase offer received by the Landlord; insurance requirements and liability; any rent-free fixturing period; tenant-work vs landlord’s work; right to relocate; and much more.
The issues mentioned above are just the tip of the iceberg for negotiations in a commercial lease.
That is why it is vital that prior to signing any commercial lease agreement, to have it reviewed by a lawyer who is well versed in commercial tenancies.
For more information about this topic, please feel free to contact one of our lawyers! Email us at info@kormans.ca or call (905) 270-6660.
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In this blog post, we will cover in further detail some of the other key items that are important to consider when accepting HST indemnity from the Buyer for the HST self-remittance.
There is an all-too-common misconception by some Buyers and even by some Buyers’ professional, licenced realtors that the time period for the delivery of a Deposit pursuant to a resale Agreement of Purchase and Sale (APS) effectively provides the Buyer with a cooling-off period. The mistaken belief is that the Buyer has until the time and date specified in the APS for the delivery of the Deposit to have Buyer’s remorse for whatever reason and therefore elect to terminate the APS by not delivering the Deposit.