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Texas Restaurant Law

Category Archives: Real Estate

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Can Texas Restaurant Owners Deduct the Costs of Repairs From Lease Rental Payments?

Posted in Contracts, Legislation, Liability, Litigation, Negotiation, Real Estate

Nearly all restaurant tenants face challenges with their lease at some point.  Often these challenges come in the form of needed repairs to the property caused by the landlord’s substandard maintenance of the property.  The landlord may delay making necessary repairs, make inadequate repairs, or even refuse to make some repairs. After haggling with the… Continue Reading

What’s The Best Way To Pass On A Restaurant At Death?

Posted in Asset Protection, Corporate Entity, Estate Planning, Real Estate

Most restaurant owners want to provide for their families when they die and protect their assets from liability. However, there are issues if the owner just conveys the real estate in a Will. To avoid these issues, restaurant owners should instead consider passing down interests in their companies and placing each piece of underlying real… Continue Reading

The Top 7 Things To Consider Before Buying A Restaurant

Posted in Acquisitions, Alcohol, Contracts, Corporate Entity, Employment, Intellectual Property, Liability, Litigation, Real Estate

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

Top Ten Tax Mistakes for Restaurant Owners

Posted in Corporate Entity, Employees & Waitstaff, Franchises, Liability, Litigation, Real Estate, Recent Law Trends

We 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 Estate

For 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 Trends

Just 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 Estate

Leasing 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 Trends

Whether 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 Estate

Co-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 Estate

Many 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, Vendors

All 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 Estate

  Did 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, Vendors

Nearly 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, Vendors

In 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, Vendors

It’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 Estate

For 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