There are so many things to consider when buying a restaurant that we decided to break that list down to just seven issues. If you only look at these issues, you should avoid most of the big hazards when you buy your next restaurant. Now, this assumes that you have some idea of the restaurant… Continue Reading
Category Archives: Real Estate
Subscribe to Real Estate RSS FeedTop Ten Tax Mistakes for Restaurant Owners
Posted in Corporate Entity, Employees & Waitstaff, Franchises, Liability, Litigation, Real Estate, Recent Law TrendsWe all know how important restaurant taxes are to restaurant owners. Last week, our own tax counsel, David Gair, outlined his Top Ten Tax Mistakes for Restaurant Owner on TexasTaxTalk.com, so TexasRestaurantLaw.com decided to share it as well. Here is the list in its entirety: Employee Classification – Misclassifying workers as independent contractors and not… Continue Reading
The Changing Nature Of Restaurant Real Estate
Posted in Acquisitions, Commentary, Franchises, Franchising, News, Real EstateFor those familiar with the International Convention of Shopping Centers (a/k/a “ICSC”), you probably received your copy of Shopping Centers Today (“SCT”), which is the monthly magazine that they publish on national real estate. For those who don’t know, ICSC connects nearly all retail operators, landlords, and brokers who are involved in real estate, and… Continue Reading
Biggest Legal Causes Of Restaurant Failures
Posted in Acquisitions, Commentary, Franchises, Franchising, Liability, Litigation, Negotiation, Real Estate, Recent Law TrendsJust this week, two of my favorite restaurants in Dallas closed operations. This led me to consider the biggest issues I have seen that factored into a troubled restaurant. A few of these may not be a surprise, but you may be shocked at others. Consider this list of top legal reasons why restaurants fail:… Continue Reading
The Absolutely Essential Issues In A Restaurant Lease
Posted in Acquisitions, Contracts, Corporate Entity, Franchises, Franchising, Liability, Litigation, Negotiation, Real EstateLeasing is a big issue for restaurants. Almost all restaurants at least start out leasing their space. Often, restaurants are required to lease their space to capture the prime locations of a given area. For these reasons and many more, it is vital for restaurant owners to pay close attention to leasing terms. The following… Continue Reading
A Fight Broke Out At My Restaurant – Am I Liable?
Posted in Liability, Litigation, Real Estate, Recent Law TrendsWhether a restaurant or its owner is liable for restaurant fights depends. “Depends on what?” you ask. Let me tell you by asking and then answering the following questions: What Did The Police Say? No one can escape personal liability for their own, direct actions. No amount of insurance, legal maneuvering, or other actions will… Continue Reading
Restaurant Trade Fixtures And Equipment – What Belongs To You And What Belongs To The Landlord?
Posted in Acquisitions, Contracts, Liability, Litigation, Real EstateCo-Authored by Matt Sanderson & Lindsey Postula THE MYSTERIOUS TRADE FIXTURE What are trade fixtures? Trade fixtures are the equipment that a tenant uses to operate its business. Although they are not considered to be real property (which means they don’t fall into the definition of fixtures), they are generally attached to the leased premises… Continue Reading
Can You Walk Your Restaurant Lease When Times Are Bad?
Posted in Acquisitions, Franchises, Franchising, Liability, Litigation, Real EstateMany restaurant owners think that the need to close a restaurant involves a lot of pain and headache from landlords among others. Certainly, that’s the case often, but there are some options that that may be available to make this less painful than necessary. As such, here are some things to consider if you think… Continue Reading
5 Ways to Avoid Costs of Acquiring Restaurants
Posted in Acquisitions, Contracts, Corporate Entity, Franchises, Negotiation, Real Estate, VendorsAll too often the margins of restaurant acquisition require stringent cost control. To help, here are five things to keep those costs low when considering the purchase of a restaurant: 1. Assemble Your Team – It’s hard to decide when to get your team of counselors (like attorneys, accountants, appraisers) involved in a deal. If… Continue Reading
Put More Money in Your Pocket: Perform a Lease Audit
Posted in Contracts, Franchises, Litigation, Negotiation, News, Real EstateDid you know that you have a 90% chance of overpaying operating costs (CAM, Taxes and Insurance) under your lease, if you fail to check the calculation for accuracy. This comes from the December 2009 edition of Commercial Tenant’s Lease Insider. Many landlords do not take the time to reflect tenant-specific exclusions, caps, etc…. Continue Reading
Partnership Mistakes and How to Avoid Them
Posted in Acquisitions, Competition, Contracts, Corporate Entity, Franchises, Intellectual Property, Litigation, Real Estate, VendorsNearly anyone who has been in business either knows of or at least has heard of the pitfalls of partnerships. However, a lot of people don’t know that you can be partners with someone and not even know it. You might say, “Funny lawyer. Who cares?” But you should care, and here’s why. Partnerships make… Continue Reading
Is Your Restaurant Business Down? 5 Things That May Help
Posted in Commentary, Competition, Franchises, Litigation, Negotiation, Real Estate, VendorsIn our last post, we wrote about 5 Things Not To Do when your restaurant business is down. This week, we’re talking about 5 Things That May Help in the event that you have more people to pay than funds to pay with. Therefore, take it from some restaurant lawyers that have seen many mistakes,… Continue Reading
Is Your Restaurant Business Down? 5 Things Not To Do
Posted in Contracts, Corporate Entity, Employment, Franchises, Litigation, Negotiation, Real Estate, Recent Law Trends, VendorsIt’s no secret that many restaurants are suffering from the current recession, which is hopefully going to end soon. As a result, many restaurant owners are faced with the dilemma of “who to pay” when there’s not enough funds to pay everyone. In situations like these, it’s easy to make a misstep. With that in… Continue Reading
Ten Keys to Negotiating Your Restaurant Lease
Posted in Acquisitions, Contracts, Negotiation, Real EstateFor the most part, restaurant owners lease their property, at least when starting out and often permanently. As such, negotiating a lease can be a stressful experience. To reduce some of that stress, we’ve put together the following Ten Keys To Negotiating Your Restaurant Lease. PRIMARY CONCERNS 1. Net vs. Gross Lease. Every lease is… Continue Reading