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Overview
In real estate, as insurance, there are independent
brokers and affiliated agencies. In New York City, most commercial lease
brokers represent owners or lessors of real property, and are referred
to as either "managing" or "leasing" agents (agency brokerages). Their
primary goal is to market and lease their clients' properties. If you
(as a commercial tenant) engage an agency broker to locate space, you
may not be shown all the space that's available. Or if you decide to
lease space in one of the buildings marketed by the agency broker, when
it comes time to negotiate the terms of the lease, who will represent
your organization?
Manhattan Office Space ™ only represents commercial tenants, not owners or landlords. Its staff
will provide your organization with a complete listing of all available
space, a summary of the costs (including rent, electric and
escalations), and comparisons with surrounding submarkets.
Manhattan Office Space ™ employs an independent research firm that provides data on all
commercial office space with updates daily, and our staff regularly
visits locations throughout Manhattan to identify space before it's even
listed.
Finding commercial office space that meets your use
requirements and budget involves a series of steps. First, it's
important to decide upon using one broker, but only after you've
had a chance to evaluate several. Ask for a listing of available space
and have the broker tell you which you'll be shown (that way you will
avoid being shown the same space by different brokers). And you don’t
need to sign any exclusive agreement, binding you to one brokerage. But
it is in your best interest to use one, excellent broker to find space,
instead of calling/emailing a dozen agents who will be chasing the same
space. That will lessen the landlord’s commitment to show you space and
leave the impression that his/her time is being wasted (since multiple
agents are chasing other spaces as well).
Second, in the current real estate market, it’s essential
to consider at least two or more spaces upon which to make offers. If
you focus on only one, the chances of your offer being accepted can be
problematic (due to other prospective tenants). When the vacancy rate
was higher, it was often useful to advise landlords that multiple offers
were being made. Today, that strategy can backfire and result in your
offer being discarded. And if you use a landlord’s rep or broker who
often represents landlords (listing their property), they’re more likely
to share that (confidential) information with the landlord.
Third, be prepared to submit up-to-date financial
statements and a brief description of your organization. This is a
landlord’s market in which offers are held and compared against one
another. What will make your offer stand out and motivate the landlord
to rent the space to your organization? How will your business impact
the neighborhood, complement the building, or add value to the
leasehold? These are questions you and your broker should consider, and
the answers incorporated into the offer. So choose a broker with
the same care you'd select an attorney or accountant— knowledgeable and
who will save you money
Summary of Factors to Consider in leasing office
space.
1. Why use a
Tenant Broker? The simple answer is you'll save money. Office
space advertised online, in a newspaper, or on a building sign directs you to
landlords' agents who do not represent your interests (they represent the
landlord). As a result, the asking rent will be inflated and the agent may
not show you all available space. And unlike most who call themselves
"tenant brokers,"
Manhattan Office Space (R) only represents
tenants, not landlords. We know the historic rents in the building,
vacancy rate, and other key data which affect market price, and can obtain
much better business terms for your organization.
2.
Select your broker carefully. To be effective, a broker must match
your needs with the right space, draft a competitive and detailed offer that
protects your rights, and structure the transaction to close in a timely manner.
He should be a licensed real estate broker, not an agent-in-training.
Also, inquire if his employer represents landlords or is acting as an exclusive
leasing agent. If so, ask for a written Tenant Agency Agreement that
specifies he's working for you and will not share confidential information with
the landlord.
3. Make offers on a variety of spaces.
This can significantly improve your bargaining position and provides a backup in
the event your first choice is leased to someone else. Even after an offer
is accepted, most landlords continue to show the space, and some will actually
lease it to another party who they feel is a better credit risk. With a
sublease, the landlord typically has the right to cancel the prime lease and
recapture the space (which can result in the loss of 3-6 weeks). In the
current market, it's better to have a back-up.
4. Be proactive and market your company.
Financial statements and a company brochure or written summary should be
submitted with the offer. Landlords will not consider an offer without
basic financial information, and a written overview can showcase your company.
5. Include other professionals.
If Tenant Improvements (TI) are anticipated, an architect or experienced office
space planner should be consulted and any recommendations incorporated into the
offer. Your insurance broker should also review those portions of the
lease that deal with property damage, personal injury, and condemnation rights.
We co-ordinate with your attorney, architect, and other professionals to
complete the transaction. We also recommend that TI be approved as part of
the lease negotiations instead of after the lease is signed (a) to avoid
wasting free rent while the landlord reviews plans and (b) because there's
greater bargaining power before the lease is signed (than afterwards).
6. Don't stop looking for space.
Just because your offer has been accepted by the landlord doesn't necessarily
mean a lease will ultimately be consummated. Until the lease is signed by
both parties, there's no legally enforceable contract. We therefore
continue to look for space and check new listings for you until the lease is
fully executed and delieverd. |