Renewal or New Lease? Don’t Go Naked.

🕒 3 min read

How long would a snail survive without its shell; a porcupine without its quills; a skunk without its spray? As a commercial real estate broker, I strongly recommend hiring a broker when negotiating a lease renewal or a new lease.

Certainly, you are capable of finding space; there are numerous data providers like Costar and Loopnet. An exceptional broker is your interpreter and guide. Exceptional broker knows which landlords have strong financial backing. An exceptional broker helps you secure the best deal while minimizing business disruption. Exceptional broker anticipates issues and navigates you through the deal process. An exceptional broker knows what a good deal looks like. Without representation, you may leave money on the table or overlook critical lease terms.

Most important, an exceptional Broker represents you, not the landlord.

Tenant Rep Broker, Generalist or Dual Agent? Brokers who represent buildings work for landlords. Their priorities differ from those of a tenant representative. There is one goal: get the space leased up! In addition, and probably most important, the Landlord’s broker has a fiduciary obligation to the Landlord.

But lets be realistic. In small markets, most brokers cannot make a living just representing users. They are Generalists. They represent buyers, sellers, landlords and tenants. A Generalist has a broad perspective that can come in handy.

Since January 1, 2015, California law has required brokers to disclose whom they represent in leasing transactions. The law went so far as to suggest that there is a conflict even when your agent’s firm represents a building (even though your agent is not associated with the building.) If conflicts concern you, ask the broker which properties they represent. Frankly, you can ask the agent to disclose what properties they represent. If they don’t represent buildings you would consider, they may be a good fit for your needs.

Brokers that represent only Tenants (Tenant Reps) are very effective and supposedly have no conflicts. Even if an agent (or their firm) represents no buildings, they can still have a conflict. For example, they may represent another tenant competing for similar space.That certainly would be a conflict, particularly in a tight market with limited options.

What if you don’t want to move, you just want to renew your lease? Should you still retain an agent to represent you? Of course! A broker can create leverage that is difficult to achieve on your own.One client recently told me they could not have achieved the same result without representation.

If the Landlord’s agent is doing their job, when the time is right, the agent will approach you about renewing your lease. You may have developed a good relationship with this agent, but the simple fact remains, they represent the landlord. So when the Landlord or its agent approaches you regarding a renewal, let them know you have an agent or you plan on retaining one. In most renewal negotiations, the landlord will happily pay your agent’s fee, in fact it is usually in landlord’s budget. When a landlord pays a commission, that means they finalized a renewal, and the tenant is staying. A commission is always less costly than filling up a vacancy.

There is conflict inherent in the business everywhere. As a broker, the critical tenet is to do the right thing, treat people fairly and look out for the interests of the party you represent. As the Occupier, when hiring an agent, look into the potential conflicts and hire an experienced – and exceptional – agent where the likelihood of conflict is minimized.