Archive for February, 2010
Feb
28
Taking over a shop, do I have to keep an existing member of staff employed?
Posted by: | CommentsI’m taking a lease from a woman when she leaves, i’m going to be selling the same or very similar items that she does, i’m going to call the company something different. It may even be next door to where her shop is at the moment (she has 2 side by side). She is saying that one of her staff will want to continue her employment when I take over. Am I legally obliged to keep her employed under these circumstances. Thank you for any advice.
Repossession
Feb
28
**LEASE LAND FOR YOUR LIFETIME
Posted by: | CommentsExcept in rare cases, a foreigner (a non Thai person) cannot acquire land ownership title in Thailand. As a result, leasing a plot of land for 30 years and registering this long term lease of land contract at the local Land Office is one of the ways known and practiced by foreigners.
Please note that I do not recommend a 30 years lease of land contract plus promises by landowner to renew the lease of land contract at the end of the 30 years. (This is explained in my article – Does a 90 years Lease of Land Exist in Thailand? published by Pattaya Mail newspaper on October 24, 2008) Foreigners are commonly advised to enter into a risky 30 years lease of land contract with promises by the landowner to renew the lease. However, these foreigners may not be aware that a lease of land contract can be made and registered for the lifetime of the foreign lessee.
Leasing land for the lifetime of the lessee or of the landowner is expressly provided by Section 541 of the Civil and Commercial Code:
“Lease contract can be made for the duration of the life of the lessor or of the lessee”
The lease will be registered as a lease for the lifetime of the foreign lessee. This registered right on the land or “real right” is binding on any third party for the lifetime of the lessee, this would include the landowner’s heir(s). In other words, no one, not even the landowner’s heirs, will have any rights over the leased land unless and until the lessee dies. A Land Office rule, effective since December 2008, confirmed that a lifetime lease registration made for the lessor’s (landowner) or for the lessee’s lifetime is only applicable to individuals or “natural persons”. The Land Office cannot proceed with the lease registration if the foreign lessee is a company, a partnership or any kind of juristic entity.
Tip
The lease registration fee payable at the Land Office is calculated based on the rental amount for the first 30 years lease period. The foreign lessee’s responsibility here is 50% of this fee, unless agreed otherwise between the landowner/ lessor and the lessee. Also, there is a stamp duty payable.
** Written by David Tan. David is a Lecturer of Business Law at Asian University and author of the book – A Primer of Thai Business Law, available online at www.chulabook.com . In Bangkok, the book is available at all Kinokuniya and Asiabooks bookstores. Any questions to David regarding land leases should be sent to blas.inter@yahoo.com
Repossession
Feb
27
can i get a one year lease on a commercial property?
Posted by: | CommentsAustralian answers only please.
I want to open a store but only want a one year lease just in case it doesnt work.
And please offer any other advise in relation to leasing a retail premises
Sell and Rent Back
Feb
26
I really want to know if i can get out of the lease as i cannnot afford the lease with VAT on and also my landlord wants to back date it for the past 6 months which is really unaffordable.
I took the lease because it did not have VAT on and was in budget.
Quick House Sale
Feb
26
Finding Commercial Real Estate in Houston
Posted by: | CommentsFinding commercial property in Houston Texas used to be hard, but there is so much of it now that in Houston, commercial land for sale can be found almost anywhere. This is in no way an indication that there are problems selling these kinds of properties, though. It is only that there is so much growth and development taking place around the city that commercial properties continue to be on the rise.
When looking for a ground lease for sale, Houston is one of the best places to find one. For commercial property Houston is one of the best places to go, as well. There are so many opportunities there, but not all buyers realize this yet, and so the commercial property the area has often goes unnoticed by those who are trying to decide where to move to or invest in. Fortunately, though, many new buyers are moving into Texas, and so the commercial real estate Houston Texas has to offer is being bought and used.
For commercial retail this city is a great choice, because in Houston commercial land for sale is both abundant and fairly priced. Buyers look for commercial real estate where they are able to purchase it at a great price. If they have to pay too much for it, it will not be a great investment. If they can purchase it too inexpensively, it is possible that there are reasons for this, such as the property being in a bad neighborhood. Buyers must be careful so that they buy their investment property in a neighborhood that will continue to grow and develop.
This will stop them from having problems with deterioration of the neighborhood, crime rates, and other concerns. Naturally, it is not possible to know everything about an investment property before one buys it, because circumstances can change. Though, trends can be studied and information can be gathered which will help to protect a buyer from serious problems as much as possible.
The market for commercial property in Houston Texas is a healthy one. In commercial real estate here continues to grow, and this is helpful for buyers who are looking for a way to grow their operations and move toward increasing their investments.
Not everyone may find the commercial property market here to be the best one for them, but they should certainly pay attention to the market so that they can make a decision as to whether they believe that this market will be a great choice for them in the future.
Quick House Sale
Feb
25
Does anyone know the averge cost on a 2 year lease, on a sandwich shop?
Posted by: | CommentsThe shop is being least out by local council, which is Preston City Council in lancashire and is near the city centre. I’m looking for info to help my mum! Thanks.
Quick Property Sale
Feb
25
After my lease expired and I did not renew it. The landlord ask me to sign a new lease at much higher price or vacate the shop within one month. What kind of rights do I have? Currently I am looking for a new shop around and negociating the lease with another owner. But it will take two or three months for me to move the new shop. Does the current lanlord have the rights to force me vacate the shop after give me one month notice? Or I can still stay here until my new shop ready as long as I pay the rent?
Thanks.
Quick House Sale
Feb
25
Commercial Mortgage Business Loans – Think Outside the Bank
Posted by: | Commentsal lenders providing competitive commercial financing for special purpose commercial real estate loans and business cash advances are becoming increasingly rare. “Thinking Outside the Bank” means that non-traditional (non-bank) lenders should be evaluated for commercial mortgage and working capital loan situations.
When commercial borrowers “Think Outside the Bank”, it is of critical importance that they are prepared to avoid a wide variety of problematic traditional as well as non-traditional commercial lenders in their search for viable business financing, especially when it involves business cash advance (credit card receivables and credit card factoring) programs, credit card processing services and commercial real estate financing.
Borrowers should realize that they have more commercial loan options than they think in order to take advantage of “Thinking Outside the Bank”. These business financing options are referred to here as “Thinking Outside the Bank” because most commercial borrowers believe that a bank is the best source for a commercial loan.
Here are two brief examples about how a commercial borrower is likely to benefit by “Thinking Outside the Bank”. In many situations a traditional bank will provide a commercial mortgage but will include non-competitive covenants and terms. In other cases a traditional bank will decline the business loan because they do not provide commercial financing to the commercial borrower’s particular type of business.
Some borrowers are likely to feel that a traditional bank is their best source for a commercial mortgage or commercial loan. However, because most traditional banks focus on a small number of established industries, non-traditional (non-bank) and non-local commercial lenders should be actively considered for most business financing situations. As discussed in this article, the suggested business loans strategy is “Thinking Outside the Bank”.
As described in a prior commercial loan report, in many business financing scenarios it is typical for a traditional bank to require more business loan covenants than would normally be seen in a competitive commercial mortgage situation. Traditional banks can unfortunately take advantage of a shortage of commercial lenders in their local market area.
An effective response by borrowers is to emphasize business financing options other than the traditional ones. Business borrowers should not depend only upon regional and local banks for commercial loans. A non-local lender can often provide better business loan terms for common commercial financing circumstances because of competition with other lenders.
There are three business loan scenarios in which borrowers will commonly discover that non-traditional lenders will offer terms that are better for the business owner: commercial real estate financing and SBA loan programs, working capital business loan programs and business management programs for credit card processing.
Two of the worst commercial real estate financing problems for business owners can be eliminated by “Thinking Outside the Bank”. The first commercial mortgage business loan problem is the typical bank practice to eliminate most special purpose business properties such as golf courses and funeral homes from their lending portfolio.
A second business loan possibility is the frequent practice of many commercial banks to add recall and balloon conditions to their commercial loans. The bank can then require early payoff of the commercial real estate loan under stipulated conditions. The use of a non-traditional lender can prevent both of these commercial financing problems.
Most businesses accepting credit cards will be able to obtain a business cash advance with credit card financing. If a business needs to use credit card factoring, a traditional bank will typically be of little help.
Because even the most successful merchants usually need more financial resources than they can get from a conventional commercial business loan, it is essential for a business to “Think Outside the Bank” and find non-traditional lenders to coordinate this commercial financing requirement.
A key function in improving the bottom line of businesses with high volume credit card activity can be their credit card processing service. The analysis of credit card processing providers can be efficiently combined with credit card receivables and credit card financing.
It is usually possible to achieve improvements in the business owner’s credit card processing services by coordinating a business cash advance and working capital business loan program. Traditional banks are usually not competitive in providing assistance with a business cash advance using credit card receivables. So it is likely that a non-traditional lender will be the major source of help with these complex business needs.
Sell House Quick
Feb
24
What’s the best way to end a car lease and buy a new one?
Posted by: | CommentsLooking to lower the payment and purchase my next vehicle (never leasing again!). Decent credit, NOT interested in buying this lease, would it be logical to;
Purchase car knowing I plan to turn around and trade it in immediately for incentives (if possible)?
Return lease shop around for new/used next vehicle?
Just looking for the best way to transition without taking up the rear…again. Please help
PS – I’m aware of my options, the questions is the BEST way given my situation…
Quick House Sale
Feb
24
Types of mortgages for a commercial building?
Posted by: | CommentsI am trying to purchase a mixed use building (5 residential units and 2-4 commercial stores) in NJ. I know that commercial mortgages are a little different from home mortgages (i.e. there are no 30 year loans).
What different types of mortgages are available for purchasing a building like this?
Also, the money borrowed to buy a home is called a mortgage, is it also the same term used for buying a commercial property?
Quick Property Sale


















































