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Retail & Commercial Leases

2. How a Lawyer Can Help

Authors: Robert Bailey
Firm / Chambers:
Last updated: 29 Aug 2015

E2. How a Lawyer Can Helpven if you are experienced in lease agreements, when you are emotionally involved in the process of moving your business into new premises you may fail to give the lease agreement proper attention and miss important implications. A lawyer can help you from as early as possible in lease negotiations, all the way through to you signing the lease and beyond by identifying important issues that you may otherwise miss. Our free Find a Lawyer directory may help put you in touch with the assistance you need.

You should understand that a lease is a legally binding contract. There are clearly defined responsibilities once the lease agreement is signed. You should obtain financial and legal advice before you:

  • sign any document in relation to the lease including a heads of agreement statement;
  • pay any money in relation to the lease (such as a deposit);
  • move into the premises; or
  • make any verbal agreements in relation to the lease or premises.

Unfortunately lease agreements can be complex and difficult to understand. The clauses contained in a lease agreement may seem simple enough on the surface but in many cases the reality is that they are much more complex than they appear to be. Lawyers are trained to understand this and can explain everything that you need to know. Many legal terms are used in lease agreements that vary from the everyday usage of the words. If you are a business owner considering a retail lease a lawyer can help to make sure you completely understand all the legal terms and clauses in the lease agreement as well as ensure they are as beneficial as possible to you and your business.

The negotiation and drafting of alternative negotiated lease clauses is a skill that requires specialised legal knowledge and training. It is essential for this to be done by a trained professional in order for you to achieve what you want and to have a legally watertight agreement with no room for misinterpretation or doubt. As a business owner you may feel daunted at the prospect of obtaining legal advice and in particular the cost you may incur by doing so. If you value your business as an asset worth protecting the initial expense of legal advice should be considered an essential part of your lease agreement. The trouble you will avoid by having your agreement negotiated and drafted reliably on your behalf with protections drafted into it by your lawyer will ultimately repay the initial costs incurred by the assistance of a lawyer. In addition to legal advice you should also seek financial advice to help you assess whether your business can meet the expense of rent and other costs associated with the term of the lease.

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