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Letters of Intent: Defining Terms for Efficient Lease Negotiations

 

Learn what to include and exclude in a letter of intent to avoid pitfalls down the road.

Before committing to any real estate transaction, the 'deal terms' need to be put in writing so that the parties can engage their respective team members to understand and model the design, construction, financial and operational assumptions and key business terms associated with the transaction. The initial document where these concepts are identified is the 'letter of intent'. While for the most part non-binding, the letter of intent serves as the moral compass for the deal.

How to get to the letter of intent stage in a transaction, what to put in the letter of intent and how to avoid being caught in a 'binding' contract as a result of what is stated in a letter of intent are important concepts to understand in any lease transaction. A well drafted letter of intent informs the lawyers in drafting the underlying lease and minimizes disputes and late arising 'deal breaker' issues that may add significant expense to or derail a transaction.
This topic will provide legal advice on how principals and representatives for landlords and tenants should structure a letter of intent and how to use the document to promote efficient lease negotiations in office and retail lease transactions. The presenters will also discuss issues unique to brokers in the letter of intent stage of real estate transactions.