Here are some
Negotiatiation Questions I have answered recently:
Name: Betty
Subject: sublease contract
Question:
Hi:
I am entering a sublease agreement to sublease an office
space inside a medical building from an ophthalmologist to
practice optometry. The building is located in the city of
Orange in California.
The monthly rent will be $2999 per
annual term. However, the first three months of rent will be
reduced to $1999 per month while I get set up in the
office.
The only problem that I had with the sublease
contract that he wrote up was where he states, “Renewal option
will be annual on mutually agreeable terms, with a
month-to-month renewal option available, at a rate increase of
6.9%.” This 6.9% rate increase is just because (in his words) he
gave me “a reduced rate for the first 3 months”, and not based
on any calculation with regard to actual operating costs or
common area maintenance.
Can you suggest a fair
counter-proposal to this portion of the sublease contract? I
would greatly appreciate your help in this
matter.
Sincerely, Betty
Answer:
Betty:
Why not suggest that if you renew for 2 years, the
6.9% will apply in the first year of renewal, and there will be
no increase in year 3? For Example: Year 1 Month 1,2,3
$1999 Month 4-12
$2999 Year 2 &
3
$3200
Another option is to ask for 30 days prior to the lease
starting. You would be allowed to set-up and use the office
during this period.That saves you $2999, approximately 14 months
of the increase.
I hope these ideas
help!
Best,
Ron
Cappuccio ___________________________________________________________
Name: akshay
Subject: building my
business
Question: hello Ronald J. Cappuccio sir, i got
your refernce on the web at allexperts.com. Your profile is so
good and i request you to help me in making my business
setup.Currently i stay in chandigarh ,punjab India.I want to
setup a food packaging industry.So i would like to have your
expert guidance in setting up my new industry. I want to know
from where i should start and from where i can get a business
deals in this packaging industry. Yours advice will be the
most valuable and important to me. Thanking you ,sincerly
akshay
Answer: Akshay:
My first suggestion is you get
a reliable local lawyer.You should ask the lawyer: 1. The
best form of business entity; 2. Where you should form the
business; 3. What permits and licenses are needed; 4. When you
have found a location, what zoning and planning permits are
needed.
If you want to establish a business in the US, please
write me with further details.
I hope this
helps!
Ron
Cappuccio ___________________________________________________________________
Name: althea
Subject: opening a new
business
Question:
hi Mr. C. i willing be joining forces with my present
employer to open a new location. what are the most important
questions/things i need to know. thank
you
Answer:
Althea: First, by "joining forces" I presume you are having
some equity interest in the business? Usually, you would want a
new Limited Liability Company set up. If you are not going to
control the entity, you should have the LLC be "Member Managed"
with both you and your employer entitled to be managers. You
have all the issues of setting up a new business, plus the
control issues and potential licensing fee issues. You need to
outline what services are being provided by your employer's
company and at what cost. What happens if your employer wants to
sell.
Althea, there are so many issues it is next to
impossible to outline them all. You need a really go attorney to
negotiate for you.
I hope this helps!
Ron
Cappuccio _______________________________________________________________
=========== Question: =========== Category: Computer
& Technology Law Location: VA Subject: Internet
Harassment
I buy & sell on the well known internet
sites. A vendictive competitor is harassing me thru the
internet site. She has contacted other users & urged them
not to do business with me & she has used my first name in a
deragatory manner in her user id. I am in VA & she is
in Florida. Would it be best for me to hire a lawyer in
Florida or should I take it to a Federal court since it is
between state borders? Any suggestions would be
appreciated. Thanks.
=========== Reply:
=========== Category: Computer & Technology
Law Location: VA Subject: Re: Internet
Harassment
Instead of rushing to court why don't you try your
other options? First, I would contact the auction sites your
competitor is using in making her false statements. Many of them
have online complaint procedures. In addition, the terms of your
license agreement with the auction sites frequently have
arbitration clauses and choice of jurisdiction clauses.
Obviously, it would be best to hire a business lawyer to
help you if this is economically worth it.
I hope it
helps!
Ron Cappuccio
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