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All Forum Posts by: Courtney Duong

Courtney Duong has started 24 posts and replied 319 times.

Post: Commercial Lease Commission Structure

Courtney DuongPosted
  • Property Manager
  • Texas
  • Posts 324
  • Votes 68

Hello BP,

We are in the middle of negotiation with a potential tenant for a 2350 SF at our shopping center. We are getting very close to having the LOI signed and moving into lease drafting. Yesterday we received the Cash Commission Agreement from tenant rep asking for 4% commission of base rent over initial term (10 years term, which we are ok with) with 50% due at lease execution and 50% at rent commencement. We are having issues with paying the commission as they asked since this is 4% of a 2350 SF unit of the entire 10 years term. That's a lot to pay all upfront. In case tenant go dark we will totally lose this amount on commission. So, my questions are:

Should we ask them to spread this payment ongoing?  Like monthly or quarterly?

Can we only pay what we collect?  as in if my tenant goes dark then we are not on the hook for paying this commission?

How would you guys structure this leasing commission payment?  Any creative solutions out there?

Thanks.

Originally posted by @Cody L.:

I don't know how profitable they are but please open one.  I love those places!  The more the better.

I remember when I was in Singapore for work (this was a long time ago -- 15 years?).  I had one by random chance.  Blew my mind :)

 I hear ya.  LOL.  That's what I thought when I saw their menu too.  I had them when we were in Canada a long time ago and they were really good.

It's a franchise.   It is Happy Lemon.  They have many in CA already and few in DFW, Austin.  Now looking to expand in the Houston area.

I see them here too but mostly where there are lots of Asian stores like in Southwest Houston.

Hi BP,

Anyone has any experience having bubble tea/boba tea shop as a tenant?  How profitable are those stores compare to restaurants and others businesses?  @Joel Owens always said rent to sale should be 1 to 10 for restaurants to be profitable, what should be the rent to sale ratio for these bubble tea shops?

Any input is greatly appreciated.

Post: Do you issue 1099-MISC's?

Courtney DuongPosted
  • Property Manager
  • Texas
  • Posts 324
  • Votes 68
Originally posted by @David M.:

the "exemption" I thought comes from the fact the credit card processors are required to file, I think a 1099-k??, when they process more than $20k (I think that's the right number) of charges for a vendor.  This only complicates matters since it creates a loophole or gap if the total charge amount is in between.

Thanks.

Post: Do you issue 1099-MISC's?

Courtney DuongPosted
  • Property Manager
  • Texas
  • Posts 324
  • Votes 68
Originally posted by @Michael Plaks:
Originally posted by @Courtney Duong:

Michael: how about quickpay with Zelle?  Is that also exempt from the 1099 requirement?

Zelle is not exempt

Thanks for the quick response.

Post: Do you issue 1099-MISC's?

Courtney DuongPosted
  • Property Manager
  • Texas
  • Posts 324
  • Votes 68
Originally posted by @Michael Plaks:
Originally posted by @Ashley Willis:

There's one additional reason to take a position that your rental operation is "trade or business": your ability to deduct business overhead expenses such as marketing, education, etc. Otherwise you're limited to the expenses directly related to the operation and maintenance of your properties.

And, once you take a position that you have a "trade or business", you are required to file 1099s.

@Colleen F. - you're correct. Expenses paid by credit cards or via 3rd party processors like PayPal are exempt from the 1099 requirement.

 Michael: how about quickpay with Zelle?  Is that also exempt from the 1099 requirement?

Thanks.

Post: Houston Housing Stats April, 2021

Courtney DuongPosted
  • Property Manager
  • Texas
  • Posts 324
  • Votes 68

Thanks for the report.

Post: Workers Comp Waiver Forms?

Courtney DuongPosted
  • Property Manager
  • Texas
  • Posts 324
  • Votes 68
Originally posted by @Yacine Rimmo:

Thanks for your reply @Chris K. and nice cat!

Sounds like insurance brokers don't provide this paper at least the one I work with doesn't.

The point of the document we are looking for is to be covered against a WC claim from anyone working on one of our properties such as handyman or else.

Following.   A contractor I know just told me one of his workers just threaten to sue him for $20K for injury he got from using the pressure nail gun while working at a house of another landlord.  So we definitely need to have a waiver form handy to use in the future.