There is an abundant amount of information on the internet about personal guarantees (PG) so I will be brief.
In commercial real estate, generally there are 2 times you can negotiate a personal guarantee. The first time is when you are moving into a new location and the second is when you are renegotiating your lease.
Moving into a new location is when you have the most leverage in the negotiations. Presuming you are a business that has been around longer than 3-5 years and have a good track record in paying you other bills and rent, show a healthy profit and loss statement and balance sheet a full term PG may not be warranted.
As the new landlord has no payment history with you, it is reasonable to provide them with some type of limited PG, say 1-2 years if it’s a 5 year lease term. If you are not late paying them the rent and other expenses the PG should go away after that period of time.
You can also negotiate the amount of money the PG will cover. This is a function of how much the landlord invested in the space for tenant improvements just for your specific use. If you have a specialized use, it’s not unusual for the landlord to want to recapture much of those costs in the event the “business goes out of business”.
The second time you can negotiate a PG is when you are about to renew and renegotiate your lease. Presuming the business has paid its rent on time and has a strong profit and loss statement and balance sheet a PG may not be warranted as the business has proven themselves for many years.
If the business has been late on its rent numerous times or the landlord is investing money into tenant improvements some type of PG may be warranted.
Alternatives to PG’s could be an increased security deposit or a letter of credit.
In these interesting times it is not unreasonable for the landlord to require some type of PG if the business or entity in not financially sound and solid. Professional negotiation on this point can save the “guarantor” a lot of heart ache should the landlord require a personal guarantee.
Lee & Associates
CCIM
SIOR
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Analysis of a Sale-Leaseback
A sale-leaseback allows a company to raise money from the sale of its property while retaining its use, so a sale-leaseback opportunity typically happens when an owner occupant/tenant would rather not relocate.
When the owner-occupant company sells its building to an investor, the investor is buying the income stream that this tenant or seller would be providing. The higher the income stream, theoretically, the higher the value. But there are challenges, such as when the current owner agrees to an extremely above-market lease rate. Remember, the investor is buying this income stream, so should the seller go out of business, then the investor has the challenge of trying to release the property at an above-market lease rate – and that dog don’t hunt. That is why it is extremely important for the potential seller to understand the realistic lease rates so that they can better appreciate the investor’s point of view.
Now in a sale-leaseback, if the potential seller signs a slightly above-market lease rate, and is an extremely well-capitalized company with a good track record, the differential between the contract lease rate and the actual market lease rate may be insignificant. The length of the lease term is also important to investors.
Investors look closely at the reasoning and financial condition of the seller (now the new tenant) in order to determine the reasons for the sale. Due diligence is very important for all parties.
Sale-leasebacks can be an excellent way for an owner occupant to generate cash to pursue other opportunities like growing their core business or investing in a venture that would provide a greater return to the seller or perhaps to return capital to shareholders.
Published on Commercial Property Executive by Randy Mason
http://www.cpexecutive.com/newsletters/capitalmarkets-newsletter/investment-column/analysis-of-a-sale-leaseback/