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Arbitration Clauses in Real Estate Transactions "A Business Imperative".

Entering into real estate transactions in today's litigious society without taking advantage of an arbitration clause is like driving a car without a seat belt: it is a dangerous and unnecessary risk. Why would sellers, buyers, landlords, tenants, or realtors ever want to subject themselves to the whims, inexperience, uncertainties, and the prejudices of a jury -- not to mention the horrendous costs and delays of courthouse litigation? The use of a predispute arbitration clause in real estate agreements acts as both a shield and a sword. If properly implemented, mandatory and binding arbitration is a time-tested technique that has proven effective for real estate disputes.

Private Arbitration. Private arbitration is the referral of a dispute to an impartial third person chosen by the parties who agree in advance to be bound by the arbitrator's decision after a hearing in which both parties have an opportunity to be heard.

Business Clients Favor Arbitration. A national survey conducted by Business Week found that most business leaders believe that something is seriously wrong with the legal process in this country. Its cover story headlines summarized its findings:
"Too many lawyers, too much litigation, too much waste. Business is starting to find a better way." An overwhelming 97% of the surveyed executives favored a greater use of alternative dispute resolution, such as mediation and arbitration. Trade journals tout ADR. The lawyer who suggests or includes arbitration clauses is viewed by real estate clients as looking out for their interests.

Our largest firm in Karachi requires its attorneys to use an ADR clause in every agreement or justify its non-inclusion. Law firms around the country recognize the marketing advantages of proclaiming their expertise in ADR. The Bar Associations has determined that the failure of an Attorney to explain ADR options to a client constitutes an ethical violation. A proper predispute arbitration clause permits property buyers, sellers, landlords and realtors to control their dispute resolution destinies by preselecting the forum and procedure for resolving future disputes.

The Advantages of Private Arbitration. The construction industry learned decades ago what the business community and those who engage in real estate transactions have also now discovered: compared with litigation, arbitration has the following significant advantages:
Speed: An arbitration hearing usually occurs within 90 days, many months sooner than a court trial could be scheduled (and budget crisis will further delay trial scheduling).

Economy: Arbitration's informality and streamlined procedures are designed to quickly get at the crux of a dispute, and eliminate the time-consuming and paper shuffling burdens of formalized litigation, which reduces Attorney's fees and costs.
Fairness: An able arbitrator with experience in the subject matter of the dispute is far better equipped to deal with complicated issues than is a jury or an inexperienced trial judge struggling in an unfamiliar area.

Convenience: Arbitration hearings are scheduled promptly according to the convenience and availability of the parties, rather than the vicissitudes and postponements of congested court dockets.

Privacy: Disputants can avoid unfavorable publicity, and all parties involved prefer the privacy, sensitivity and informal setting that arbitration provides.

Settlement Enhancement: The ability to negotiate fair settlements dramatically increases because the speed and predictability brought by the arbitration process are forceful agents of realty.

Finality: Binding arbitration eliminates the delays and costs of appeals that can occur in litigation.
Because real estate disputes often involve complex factual and legal issues, arbitration's defining attribute also offers the most important benefit of all:

  • The opportunity to select as the trier of fact and law a person who possesses high expertise in the subject area of the dispute and who is also intellectually able, conscientious, and impartial.

Shield and Sword Benefits of Arbitration Clauses. Because a predispute arbitration clause serves as a sword and a shield, its importance to real estate clients (including realtors) cannot be over-emphasized.

As a shield, an arbitration clause discourages frivolous suits against your clients (especially "target" defendants) by removing the tantalizing attraction of a jury prejudiced against real estate businesses. Arbitration also dramatically increases the likelihood of a successful and less expensive defense by having such matters decided by a truly impartial person who possesses expertise in the subject area of the dispute.

As a sword, an arbitration clause enables your clients to seek and obtain their just entitlements far more quickly and less expensively. Having the matter decided by an experienced arbitrator ensures far greater predictability than a quixotic and untrained jury.

"But there's no appeal!" Some litigators (zealous defenders of their courtroom turf) are quick to point out that a court cannot change an arbitrator's decision on the facts or the law. True enough. But remember that finality is a great practical benefit. Remember also: most courtroom fact-finding errors rarely rise to the level of reversible unreasonableness; judicial errors are not reversed unless prejudicial; appeals are expensive; most appeals do not succeed; and, successful appeals too often result in the dubious "new trial" reward of having to repeat the same expensive process. Litigators who would sacrifice the benefits of arbitration on the holy grail of appellate review fail to acknowledge a more pragmatic explanation of an adverse award:

  • If they could not persuade an astute arbitrator (or, in large cases, a panel of three able people), perhaps they did not deserve to win. In sum, the right to appeal is vastly overrated.


Splitting the Baby and Other Unfounded Worries. An old fallacy (now heard less frequently) is that arbitrators give each side half a loaf. Although a jury must often broker compromises to reach a verdict, a good arbitrator does not split the baby. Statistics of the Arbitration Association refute this old saw. Arbitration Service awards reveal that over 80% of the awards are entirely (or almost entirely) in favor of one of the parties. Another unsupported fear is that claims might increase because initiating arbitration is so much easier and less expensive than filing a lawsuit. Not so, according to the experience of the Banks, which began using predispute arbitration clauses in loan agreements many years ago? (The use of arbitration clauses by banks nationwide is now common place.)

Our large firm conducted a survey of businesses that used a predispute arbitration clause in their employment agreements, and reached the same conclusion: There was no evidence that an arbitration clause resulted in an increase in claims. (That many law firms believe that an employer's use of a predispute arbitration clause is one of the best ways an employer can protect it and routinely proposes its use.)

"But sometimes . . ." Occasionally you will hear a lawyer say: "But I had one arbitration that ended up taking longer than litigation." So what! Such statements also mean that the reverse is true: most of the time arbitrations are quicker than litigation. Admittedly, an unusual turn of events may occur that causes a particular arbitration to be as expensive or as time-consuming as litigation. But, such exceptions merely prove the rule: arbitration almost always is quicker, less expensive, and more efficient, convenient, and civilized than litigation. Just as importantly, arbitration affords the parties in a real estate dispute a tremendous advantage that a jury trial never offers: the opportunity to have the dispute decided by a person who possesses legal expertise in real estate law and who is also intelligent, fair, and conscientious.

Types of Real Estate Agreements Suitable for Arbitration Clauses. Nearly every real estate agreement is suitable for a predispute arbitration clause, including:

  • Leases
  • listing agreements
  • escrow agreements
  • joint venture agreements
  • co-ownership agreements
  • earnest money agreements
  • options/first rights of refusal
  • real estate LLC's/partnerships
  • inspection/environmental testing contracts

The Procedural Rules of Arbitration. Remember that private arbitration is a substitute for formal litigation's vast array of procedural rules. To be effective, the arbitration clause must ensure an efficient procedural processing and provide for the selection of an appropriate arbitrator. Therefore, the arbitration clause must either designate a specific arbitration organization (and thereby incorporate the rules and arbitrator selection process of that organization) or it must set forth in the arbitration clause itself detailed rules on how the arbitration is to be initiated, the selection, qualifications, and compensation of the arbitrator, discovery, determining the date, site, and procedures of the hearing, etc. Usually one party to a dispute is satisfied with the status quo and too often this reluctant party will take advantage of an incomplete or open-ended arbitration clause to continue to avoid the resolution of the dispute. Disputes governed by incomplete clauses will present continuing procedural problems, and the difficulties encountered will be in direct proportion to the contentiousness of opposing counsel. Those same human frailties (stubbornness, procrastination, unreasonableness, and simple stupidity) that often make settlement impossible also will magnify the problems that can arise from incomplete arbitration procedures. Therefore, the arbitration clause must be drafted to ensure that the arbitration process will move forward quickly and fairly in spite of difficult people.

Arbitration Organizations and Their Benefits. Increasingly, most arbitration clauses require arbitration "in accordance with the rules of" a designated arbitration organization. Naming a specific arbitration organization in this manner is the most effective way to avoid the many problems created by incomplete arbitration clauses or quarrel some participants. Requiring arbitration through an able arbitration organization will ensure an efficient beginning-to-end processing of the dispute by a neutral party.

Crafting the Arbitration Clause. You will see special predispute arbitration clauses especially designed for earnest money agreements, listing agreements, and leases.

Mediation It's Relationship to Arbitration.
When traditional settlement negotiations falter, mediation is always the first alternative to consider. In comparing mediation with arbitration, it is not an "either-or" question. Rather it is the recognition that mediation should be attempted prior to the use of arbitration and that arbitration is a necessary final safeguard. But, mediation is a voluntary and cooperative process and, unlike arbitration, it cannot be forced upon the other party. A dispute resolution clause should not require mediation as a legal condition precedent to arbitration or litigation, because it allows a defendant in bad faith to use the mediation process as a delay tactic. Also, many lawyers who desire to use mediation believe that initiating arbitration at the outset yields two mediation benefits: the other (reluctant) party is more likely to participate in a mediation and is more likely to mediate in good faith, because of the knowledge that a fair and able arbitration soon will decide the issue if the parties do not themselves settle their dispute.

Attorneys' Fee Clause. If an attorneys' fee provision is desired, the attorneys' fee clause should specifically cover arbitration:

  • In the event suit or action is brought, or an arbitration proceeding is initiated, to enforce or interpret any of the provisions of this agreement, or that is based thereon, the prevailing party shall be entitled to reasonable attorneys' fees in connection therewith. The determination of who is the prevailing party and the amount of reasonable attorneys' fees to be paid to the prevailing party shall be decided by the arbitrator(s) (with respect to attorneys' fees incurred prior to and during the arbitration proceedings) and by the court or courts, including any appellate court, in which such matter is tried, heard, or decided, including a court that hears a request to compel or enjoin arbitration or that hears any exceptions or objections to, or requests to modify or vacate, an arbitration award submitted to it for confirmation as a judgment (with respect to attorneys' fees incurred in such proceedings).

Providing for the Selection of the Arbitrator. In addition to providing for an efficient procedural processing, the arbitration clause also should ensure the selection of an experienced and able person to serve as arbitrator. Quality is paramount. If the predispute arbitration clause requires arbitration pursuant to the rules of a designated arbitration service, a list of proposed arbitrators will be submitted to the disputants by that arbitration organization after arbitration has been initiated.

Although the parties then will have an opportunity to participate in the arbitration or selection process, the quality of the arbitrators being proposed is crucial.

Conclusion. The benefits of arbitration for the resolution of real estate disputes far outweigh the litigative alternative. An informed real estate client rarely would choose courthouse litigation over arbitration. Business and industry is increasing its use of arbitration and other alternative dispute resolution techniques in many different settings and for all the right reasons. Consider our observations being an Advocate High Court!
"For many claims, trial by adversarial contest must in time go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, and too inefficient for truly civilized people."

"The notion that most people want black-robed judges, well-dressed lawyers and fine paneled courtrooms as the setting to resolve their dispute is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible."

Not surprisingly, those sentiments are shared by real property buyers, sellers, brokers, landlords and tenants.

For shame, then, on the unenlightened attorney who, by failing to include an arbitration clause, allows the opponent to dictate the forum, procedure, expense, and decision maker. The real estate lawyer should protect the client at the outset by crafting a predispute arbitration clause that will ensure the resolution of any future dispute efficiently, promptly, less expensively, and with a far greater likelihood of a fair result.

ARBITRATION / MEDIATION CLAUSE SUITABLE
FOREARNEST MONEY AGREEMENTS

Arbitration Required (Mediation to be Considered): Seller, Buyer, and all Brokers involved in this transaction (and "Broker" shall include and mean a real estate broker's officers, employees, and real estate agents) each agree that every claim, controversy, or dispute (including all contract and/or tort claims (including those based upon or created by statute) and/or claims for fees or commissions) arising between or among Seller, Buyer, and/or Broker, including those arising out of or relating to this agreement, or to the interpretation or breach thereof, shall be resolved in accordance with the then effective arbitration rules of, and by filing a claim with, Arbitration Service and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.

The parties acknowledge that mediation often helps parties to themselves settle their dispute. Therefore, prior to initiating arbitration, any party may propose mediation whenever appropriate (through Our Arbitration Service or any other Mediation process or Mediator as the parties may agree upon). The obligations of this paragraph shall survive the closing of this transaction. This paragraph shall not apply to the following matters: (a) judicial or non-judicial foreclosure or any other action or proceeding to enforce a trust deed, mortgage, or land sale contract; (b) a forcible entry and detainer action.
(Note: Any existing Attorney Fee Provision should be modified to include arbitration proceeding.)

ARBITRATION / MEDIATION CLAUSE
FOR USE IN LISTING AGREEMENTS

Arbitration in lieu of Litigation / Mediation to be considered! Owner and Broker (including Broker's officers, employees, and agents) each agree that all claims, controversies, or disputes b/w Owner and Broker, or that relate to any breach or interpretation of this agreement, or that arise out of or are based upon the Owner-Broker relationship, including all contract and/or tort claims and/or claims for fees or commissions (or any defenses or counterclaims relating thereto including alleged misrepresentations, concealment, negligence and/or fraud) shall be resolved by arbitration in accordance with the then effective arbitration rules of, and by filing a claim with, Our Arbitration Service and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The parties acknowledge that mediation often helps parties to themselves settle their dispute. Therefore, prior to initiating arbitration, any party may propose mediation whenever appropriate (through Arbitration Service of Portland or any other mediation process or mediator as the parties may agree upon). The obligations of this paragraph shall survive the closing of this transaction.
(Note: Any existing Attorney Fee Provision should be modified to include arbitration proceeding.)

Lease Agreement: Predispute Arbitration Clause
Any claim, controversy or dispute b/w the parties arising out of or relating to this lease agreement, or to the interpretation or breach thereof, shall be resolved by arbitration in accordance with the then effective arbitration rules of, and by filing a claim with, Our Arbitration Service and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof, but nothing in this paragraph shall preclude lessor from bringing, maintaining and concluding an action against lessee for forcible entry or wrongful detainer, and this paragraph shall not apply to any dispute which is encompassed within such legal action.
(Note: Any existing Attorney Fee Provision should be modified to include arbitration proceeding.)

Mediation always optional, Arbitration often mandated.
Mediation and arbitration are both forms of alternative dispute resolution (ADR) - ways that a dispute between parties can be solved without resorting to costly litigation. Before we address the specifics of how ADR works in condominiums, it would be helpful to explain the difference between mediation, arbitration and litigation.

Obviously, the first form of “dispute resolution” is to try and handle disputes directly, by having an open discussion between the two parties. A friendly resolution is free and relatively stress-free if the dispute has limited facts and both sides are willing to have an honest talk about the issues and are dedicated to solving problems.
Assuming that the direct method hasn't worked, the next and least aggressive form of ADR is mediation. A mediation (which can be either mandatory or voluntary) occurs when the two parties sit down, usually with their attorneys, in front of a trained mediator. A mediator's job is to help the two sides air their grievances in a productive manner.
Mediators are not judges - they do not decide what is right or wrong, or what the true facts of the dispute are. Instead, mediators assist parties in reaching their own bargain, usually by serving as a shuttle between the two sides as they negotiate settlement terms. Mediations are non-binding, unless the parties sign a settlement agreement at the end of the process. Statistically, mediation is an extremely effective form of dispute resolution, and good mediators help the two sides come to an agreement that neither party is entirely happy with (which ordinarily signals a fair negotiation).
In arbitration, an arbitrator will serve as a private judge who will determine which side is “right” and wins the dispute. Both sides will present facts to the arbitrator (usually through attorneys, just as in a courtroom). Witnesses may be interviewed, and documents reviewed. Eventually the arbitrator will come to a conclusion of fact, just like a judge, and award relief to one or the other party.
Arbitrations can be either binding or non-binding-a non-binding arbitration is essentially a professional advisory opinion on the likely outcome if the dispute were to go to trial. A binding arbitration, in contrast, is essentially a private, less costly form of courtroom litigation where both parties have agreed to abide by the arbitrator's final decision.
Last, of course, is litigation, where a dispute is brought in a state or federal courtroom where judges or juries are presented facts (by attorneys, in large disputes) and render a decision that is binding on the parties and may only be appealed if there is an argument over an issue of law. The fact finder's determination of the truth of the dispute is generally written in stone after a trial ends.
Now, in the condominium arena, mediation is optional across the board. Arbitration is mandated whenever there is a disagreement between two or more parties that involves either:

  • the authority of the board of directors, under the Condominium Act or condominium documents, to require any owner to take any action, or not to take any action, involving the owner's unit or the appurtenances thereto; or to alter or add to a common area or element; or (b) the failure of a governing body, when required by the act or condominium documents, to properly conduct elections, give adequate notice of meetings or other actions, properly conduct meetings, or allow inspection of books and records.
  • Expressly excepted from the requirement of non-binding arbitration are any disagreements that primarily involve title to any unit or common element, the interpretation or enforcement of any warranty, the levy of a fee or assessment, the collection of an assessment, the eviction or the removal of a tenant from a unit, alleged breaches of fiduciary duty by one or more directors, or claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property.

It is also important to note that, prior to a board taking any action against a unit owner for an alleged violation of the act or documents, the board must provide the unit owner with advance written notice of the specific nature of the dispute, a demand for relief and a reasonable opportunity to comply or to provide the relief, and notice of the intention to file an arbitration petition or other legal action in the absence of a resolution of the dispute.
So the short answer is that mediation is optional, but highly encouraged, as it is a very cost effective way to settle complex disputes and has an extremely good success rate. Arbitration is mandated in certain specific instances, and in every other situation litigation is fair game.
Mediation: The Peace Treaty at the End of the War
Some people struggle with the idea of mediation. In particular, they question why someone who seeks to solve a dispute in court, and is preparing for litigation, would want to then negotiate toward compromise rather than winning a case outright. To help illustrate why mediation can sometimes create a better brand of victory than litigation, it's useful to think of a lawsuit as a war - literally.
Imagine you and your opponent in a lawsuit are generals waging war with your armies. The war has dragged on for months without either side making significant gains. You've sent spies against each other, staged sneak attacks, and lost hundreds if not thousands of troops in battle. Both armies are losing numbers, losing morale, and losing the will to fight - but the idea of winning urges you on, even though you might end up without the troops necessary to hold whatever territory you might gain at war's end.
You decide to contact the opposing general about a peace treaty. You and your adversary drop your weapons, and you meet to try to work out terms. But you and your adversary speak different languages; have different customs and different ways of doing business. You realize, even though you both want to prevent further losses and end the war, that you need an interpreter to bridge the language and cultural differences between both sides.
In this scenario, the armies are your assets - your money, your time, and your energy. The decision to seek out a peace treaty is the decision to seek mediation - you realize that ending the war is better for both sides than continuing to fight. And the interpreter, to help you and your enemy understand each other? That's the mediator, helping the two sides to communicate and come to an agreement.
Mediation differs from litigation in that there's not automatically a winner and a loser - a skilled mediator will work toward a solution that fits the needs and meets the goals of both parties, be it a dispute involving a divorcing couples, business adversaries, or people settling disagreements over contracts.
It can be extremely challenging to come to the table with people who may have hurt you - especially if they started the conflict and are expecting you to eventually give in to their demands. But if you're like the general who wants to end the war, rather than lose everything trying to win it, then mediation can be a way for you to get to an agreement that addresses and resolves the suit. A settlement doesn't mean you're settling for something less; rather, you're settling a dispute before it exhausts your resources.

Business Succession Planning

Your business is your life's work. While most businesses don't survive long after a change in leadership, Karachi Property Management Business Succession Planning Group assists its clients in establishing a plan to ensure their business' continuation and helps to maximize the return for the founders of the business.

Business succession planning is an investment in the future of your business for the owners, employees and clients. Planning is the key to future success for everyone whose efforts have helped the business to grow. The existence of a succession plan emphasizes your commitment to your business's long-term growth and creates confidence with customers, lenders, employees and key suppliers.

The Process
Developing a succession plan is a multi-phase process that begins with the reorganization of equity, updating wills and trusts and reviewing existing insurance policies. Next, Buy Sell Agreements are drafted, compensation procedures are reviewed and an advisory board will be established which will strategize, design and implement employee incentive plans. The process involves the counsel of independent professionals who contribute objectivity, specialized skills and experience. Karachi Property Management maintains close working relationships with some of the most skilled financial planners, accountants, and bankers dedicated to assisting our clients in reaching their retirement goals.

Once a succession plan has been established, it is critically important that the completed plan be continually reviewed and updated as circumstances change. Business succession plans outline in detail who, what, when, why, and how changes in ownership and management are to be executed.

Business Preservation and Protection
Because each business owner's concerns are unique, we create plans that give our clients comfort knowing their business is prepared to adapt to change. Working closely with our clients, we identify goals and objectives, potential pitfalls and develop innovative solutions.

An attorney with sufficient expertise and experience is essential. For over 20 years, Karachi Property Management Succession Planning Group has advised clients in the areas of income taxation, contract law, estate planning, transfer taxation, corporate and other entity governance, debtor and creditor law, lien preferences, asset protection, pension law, employment law and dispute resolution. Karachi Property Management attorneys have the advantage of a multi-disciplinary approach to client service that is cost-effective and expedites the coordination of the expertise required for the business succession plan.

Business Succession Planning Group Experience
Our Business Succession Planning Group has created succession plans for virtually every kind of businesses nationwide including:

  • Lobbyists
  • Architects
  • Physicians
  • Law Firms
  • Accounting Firms
  • Physical Therapists
  • Investment Advisory Firms
  • Engineers
  • Veterinarians
  • Real Estate Developers
  • E-Communication Firms
  • Regional Construction Firms
  • Marketing and Design Firms

Plan for Success
Wealth preservation and protection require an appreciation of the current and future needs of our clients and of those individuals who depend on them. Multi-generational business planning requires cutting-edge legal and tax planning techniques and an appreciation of the human dynamics involved in intra-family matters. For over twenty years, our clients have relied on Karachi Property Management to help them make prudent business, financial, and personal decisions.

Real Estate and Construction Forensics

Transactional Commercial Real Estate.
Our attorneys are experienced in assisting clients with all phases of their commercial or residential real estate project, including development, tax, land use, leasing, lending, joint venture/LLC formation, acquisitions, sales and workouts.
Our client base includes buyers and sellers, borrowers and lenders, developers and contractors, investors and managers, landlords and tenants.

Our mission:
- Put our clients' interests first.
- Focus precisely on our chosen practice areas.
- Explore better ways to build long term client relationships.
- Take full advantage of technology to deliver services efficiently.

Commercial Leasing
Why have an Attorney for Commercial Leasing!

Commercial leasing, unlike residential leasing, has many ins and outs, liabilities, contract writing and negotiation, desires and needs of landlords as well as tenants.

To the uniformed tenant, and even those highly informed, knowledge of all laws while writing lease drafts, leases, as well as business planning can be a hefty task.

Attorneys with commercial real estate knowledge can help perspective tenants with lease drafting, negotiation, and extensive knowledge on all provision stated in the lease and silent within the lease. Because many landlords may favor big box retailers, it is in the best interest of an intended tenant to work with an attorney for better forms of negotiation and having a professional walk you through all of the legalities of renting as well as remind you of what should or shouldn't be part of a lease.

Negotiating Strategies and Techniques!
Often times, Landlords of multi-business shopping centers will have their own lease form prepared for uniformity a purpose, which makes for a hard negotiation. In these cases, attorneys try to produce an initial draft of a lease when they are experienced in their practice, for a chance at easier lease negotiation.

Drafting a Lease!
The most basic structure of writing as lease is as follows; the basic terms of the lease, effective dates, identification of both the tenant and landlord, tenants trade name or name of business, description of shopping center from landlord, exhibited areas of premises in which the tenant is leasing, permitted usages of the property, options to extend, rent, percentage rent rate, other charges, such as Common Area Maintenance (CAM) charges, security deposit, acknowledgement of guarantor, Landlords address, tenants address, and the real estate managers contact information.

When drafting a lease with an attorney, there are a few things you should consider within that lease, as well as when you sign a lease drawn up by the landlord Property taxes, landlords desire to maximize rent, open and closed hours of operation, needed insurance, utilities, maintenance of the premises, common area maintenance, tenant and landlords rights, as well as the terms of alterations and additions.

Early termination rights!
Often referred to as “kick-out” clauses, and is previously drafted for assurance and protection of staying in the lease in a down economic climate, not generating enough sales, or increased pressures from competing businesses. Small businesses are usually not able to negotiate their early termination rights in the way that big retailers can. Although, landlords are often reluctant to grant the right of early termination if they have a financing plan on the building, in which the lender assumes that the rent will pay the loan. Likewise, a tenant should be opposed to landlords exercising early termination rights. This leaves an open space in which a landlord can “kick-out” a tenant at any time, and leads to the premature loss of store front for the tenant for things out of their control. With that, both parties can occur large costs with exercised early termination rights. Despite the opposition, both landlords and tenants can exercise their early termination rights in the event of unusual circumstances that can and do arise.

Land Development & Subdivision

As a property developer, it is important to ensure that your development is not subject to any unnecessary delays to maximize the opportunities available and the return on your investment.

At Karachi Property Management of Inamullah Ansari we handle all aspects of this work, including:

  1. satisfying mortgagee requirements;
  2. liaising with surveyors and/or local council;
  3. communicating with Land and Property Information.

We value the importance of due diligence in gathering all the facts that might be relevant to your specific circumstances, and ensure that all aspects of the process are considered and dealt with. With our experienced team, you can be confident that your development or subdivision will be been handled with expertise and experience.