Lease – AmeriLawyer – Incorporate, Trademark & Asset Protection

If You Are Looking To Buy Or Sell A Business, Seller Financing Is Key To Success

October 31, 2016 Spiegel & Utrera, P.A.

With the changing state of the economy it is becoming harder and harder for entrepreneurs to acquire loans for buying or selling a business. However, this can be easily solved through Seller Financing. Essentially, the seller will be paid for the business over time instead of one lump sum. In turn the seller can protect himself by assuming ownership if the buyer misses payment.

Seller Financing

Additional seller protection can be achieved by securing a loan against the business’s hard assets, a mortgage on the buyer’s home along with personal guarantee signed by the buyer and the buyer’s spouse. Safety when selling a business can only be accomplished through carefully drafted agreements and proper documentation.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about SBA 504 Loans, call (800) 734-9900 orclubassist@amerilawyer.comfor assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you with Incorporation Service, Trademarks, Copyrights,Estate Planning, Legal Counsel, Wills, Trusts, Agreements & Leases, Corporate & Company

Has YOUR Attorney Reviewed The Commercial Lease Agreement?

February 23, 2016 Spiegel & Utrera, P.A.

Before you enter into a Commercial Lease Agreement there are important considerations to be made as to why it should be reviewed by your Attorney.

1. The Landlord: Leases are usually drafted by the Landlord or their attorney and , therefore, typically the terms are favorable to and beneficial for the Landlord.

2. Lease Size: Leases tend to be so voluminous and dense from the tenant’s point of view. The Landlord is unlikely to take a careful review of the lease document to assure it reflects your lease and the terms you agreed to. Additionally, due to the volume of the Lease and the use of legalese sometimes you as the Tenant are not certain as to what you are signing. For example, a personal guaranty provision – which eliminates any protection your corporate entity or limited liability company might provide against someone suing your business and attaching your personal assets – is often buried deep in a lease agreement or in the exhibits and most times Tenants do not realize they have a signed one. Your attorney will carefully review the lease documents and sift through all the legalese.

3. Protection from competition. Your attorney will likely make a point of reviewing your Lease agreement to be certain that your Lease prohibits the Landlord from renting to your direct competition.

These three points only scratch the surface!

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have questions about Commercial Lease Agreement, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you with Incorporation Service, Trademarks, Copyrights, Estate Planning, Legal Counsel, Wills, Trusts, Agreements & Leases, Corporate & Company Changes.

Are You Taking The Leap Into Franchising?

January 7, 2016 Spiegel & Utrera, P.A.

There are more than 3,000 franchises in the United States; the vast majority are unknown to the average consumer. Many entrepreneurs consider buying a franchise due to brand recognition and access to turn-key operations. However, there may be many pitfalls to becoming a franchise that many entrepreneurs fail to consider before entering into a franchise agreement. The following are some key issues to consider before taking the leap into franchising:

Is it a good business opportunity? Even if you are buying a franchise, you need a business plan. Franchisors often provide information that can be inserted into your plan, but you should not rely on the franchisor. You need to analyze your own market and consider enlisting professional help.
Who is the franchisor? Entrepreneurs should ask questions related to the business model, the uniqueness of the product or service, competitors, long-term value, marketing support provided, royalties and franchise fees, and hidden costs such as rents and annual meeting requirements.
What do other franchisees say? You should consider talking to past and current franchisees to discuss their experiences.
What does it cost? Federal law and most states require that you receive a franchise disclosure document and franchise agreement that discusses all fees and costs, past performance, and other relevant financial and legal information. Review of these documents should not be taken lightly, and it is highly suggested to have an experienced franchise law attorney review the documents.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have more questions about franchising, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

What To Do While Waiting For Lending To Improve

July 27, 2015 Spiegel & Utrera, P.A.

Small businesses feel the squeeze as banks are tightening their belts

As the economy improves, bankers are seeing a surge in credit applications. However, banks are not positioned to approve loans as quickly as they did in the past because of substantial regulatory hurdles in determining creditworthiness. Following the too-big-to-fail fiasco, much of the credit capacity has concentrated in a handful of large banks, and these banks are taking a more conservative approach. On the other hand, regional and commercial banks that are willing to lend to small businesses are left with little credit to give.

Small business strategies to offset the big-bank credit crunch

The most common alternative to bank lending is high-net-worth individuals. Lending from these individuals can be done through convertible debt or terms of credit. Convertible debt is a blend between debt and equity. It is secured through a convertible note and carries a per annum interest rate until some point in the future when it converts into equity. The conversion usually occurs during the next round of financing and is given warranty coverage or discounted based on the company’s valuation. Terms of credit are only usually given to companies with a solid track record. They come in the form of a senior secured loan with a high liquidation preference, meaning they must be repaid before all other debt or equity holders.

To better understand how convertible debt or terms of credit can help your business, speak to one of our attorneys by calling 800-743-9900 or visit our website today!

www.AmeriLawyer.com

3 Unconventional Ways To Fund New Businesses

July 16, 2015 Spiegel & Utrera, P.A.

There are many ways to fund a new business. Below are some methods that may not always come to mind right away.

1. Product Presales – With this method you would sell your products with the intention of raising the money that you need to fund your business. This method could also be used as a dry run for when your company is open to give you an idea of the type of customers who will be purchasing your product as well as what it takes to get the product to your client if your business is online (shipping, etc.).

2. Angel Investors – Angel investors usually will expect a 20 to 25 percent return on their money. However, the angel may have experience in the type of business, contacts, and possibly customers that could help grow your business. The angel investor provides an atmosphere that may be a great deal less intense than a regular investor. Angel investors also typically deal in smaller dollar amounts.

3. Renting your Residence – There are many websites that allow you to rent your home or apartment for days at a time or months. Potential issues that can arise would be making sure you have a place to stay during the rental time and a place to work if you usually use a home office.

Call us or visit our website today to learn more about funding your new business venture!

800-743-9900

www.AmeriLawyer.com

AmeriLawyer Has Served Over 265,000 Clients

March 5, 2015 Spiegel & Utrera, P.A.

Spiegel & Utrera, P.A. has been in business for 20 years because of it’s professional service and value pricing and has over 265,000 satisfied clients. Our lawyers are qualified and highly experienced in Forming Corporations, Limited Liability Company and Sub Chapter S Corporations.

If you have any questions about our service and what we can do for you, don’t hesitate to call us at 800-603-3900, fax us at (305) 857-3700 or send a letter to P.O. Box 450605, Miami, FL 3324

Our prices are the lowest in the industry and we guarantee a top rated service. Make sure to visit our website today for more details!

www.AmeriLawyer.com

Browse our client testimonials for your Amerilawyer Reviews!

Legally Get Out Of A Commercial Lease

February 5, 2015 Spiegel & Utrera, P.A.

You are tied up in a commercial lease. For some reason (good or bad) you need to terminate the lease. You may be growing so fast that you have outgrown the current facility or you may unfortunately not be as profitable as you planned. How can you legally get out of your lease?

Make sure you know what you are signing up for BEFORE you sign on the dotted line. Read the lease agreement and be sure you understand what all the provisions mean. Try to think about all possible scenarios that may happen during the tenure of your lease; address any concerns you have with the landlord at this time.

There are provisions that can be written into the agreement that will allow you to cancel the lease, i.e.

Break Clause – A break clause gives you or the landlord an option to terminate a lease when the condition of the break clause is met. For example, it may be included in the lease hat the tenant or landlord can break the least at a specific date.

Assignment – Writing in a provision that allows for assignment, meaning you have the right to sell your lease right to a new tenant.

Breach of lease agreement – A lease may be terminated by you or the landlord when the other party significantly breaks the terms of the lease agreement.

In addition there are many other provisions that you want to think about before you sign a lease. What about if the lease calls for a personal guarantee? How about cost for leasehold improvements?

A lease is a complex and important obligation for any new business owner. If you enter into a lease agreement blindly, you are taking a big risk.

Visit our website for more information and to make sure your interests are protected before signing any commercial lease.

Email: info@Amerilawyer.com

Posts categoriezed as Lease