Sale-Leaseback Approach

Those of you that have done sale-leasebacks before, more specifically approached the owner of an off market property about executing a sale-leaseback, how did you approach it?

Assuming they were interested; did you send a purchase LOI, with general lease terms in the LOI, and the expectation that you'd finalize the lease during DD. Or did you send a purchase LOI void of any lease terms, but with the intention and both parties understanding that you'd finalize a lease prior to closing?

For reference, this would be for a small to mid-size industrial building that is owner occupied. 

3 Comments
 
Most Helpful

The first, why spend time going through due diligence and full legal PSA if the owner is wanting a rent way below than what you're expecting. At the very minimum, the LOI should have all major lease terms listed;

- Lease term

- Base rent schedule

- Additional rent clause / NNN 

- Renewal options 

- Exclusivity 

- Insurance requirements 

- Maintenance and repairs 

- Termination and early exit (lack thereof...)

- Utilities

- Sublease and assignment

 

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