Quels sont les moyens efficaces de trouver un terrain d’entente dans les négociations immobilières commerciales ?

In preparing for commercial real estate negotiations, thoroughness is paramount. Start with a deep dive into the market trends, zoning laws, and future development plans that could influence property values. Understanding the motivations and constraints of the other party can reveal common objectives. For instance, both sides may prioritise the longevity of tenancy over short-term gains. By setting clear goals grounded in meticulous research, you can approach negotiations with a strategy that's adaptable yet focused, always aiming for a mutually beneficial outcome. This preparation not only positions you as a knowledgeable negotiator but also as a strategic partner invested in creating value for all parties involved.

To succeed in a commercial real estate negotiation, you must find common ground. To accomplish that, keep the communication lines open at all times and really understand what the other party is all about. Do your homework, know the market, and be fully prepared. Always think like a problem-solver, use industry benchmarks to back your points, and build a good rapport with the other side – it goes a long way. Remember, needs come before wants, so prioritize wisely. Be ready to give a bit and take a bit, and if things get tricky, think about bringing in a neutral third-party. After all is said and done, document everything clearly. Finally, stay flexible, be ready to compromise, and always aim for a win-win deal that works for everyone.

Part of negotiations is understanding the needs of your client and their requirements. Based on the needs and requirements will determine how flexible they are with dealing with the other side of the transaction. For example if dealing with an office tenant that needs a generic space, due to oversupply in the marketplace, tenants will have an easier time going against landlords in picking a space. Same example in terms of industrial landlords where vacancy rates are still an all time low and tenant have very little options to chose from. It all comes down to understanding your position and how much or little leverage you have in the situation before entering negotiations

the effective way to find common ground between buyer and seller is the common denominator which is the sale and purchase of the property as a desired result from both based on the purchase prices at the specific moment.

As negociações imobiliárias envolvem muito mais do que aspectos financeiros. Mesmo sendo uma dos principais pilares para o fechamento de um negócio, é preciso entender os pontos essenciais que fazem ambas as partes optarem pela conclusão da transação. Conhecer a outra pessoa/empresa, entender seus objetivos a curto e longo prazo e todos os impactos que esta negociação pode causar no futuro das partes é essencial para seguir com segurança nas negociações favoráveis, como também pode ser um incentivados para aqueles casos onde sua expectativa/orçamento podem estar um pouco aquém do esperado.

Clear communication is the linchpin of successful negotiations in commercial real estate. It's about articulating your points with precision and attentiveness, ensuring every term and condition is transparent. Engage in active listening—this not only conveys respect but also enables you to fully comprehend and address the other party's concerns. This level of engagement demonstrates your commitment to a respectful dialogue and lays the groundwork for a negotiation where both parties feel heard, understood, and valued. It's this exchange, conducted with both clarity and civility, that often paves the way to a deal that all involved can endorse with confidence.

Part of communicating clearly is making sure the needs and wants of each party are fully understood. While price is always important, there may be other deal factors uncovered through active listening and asking questions that elaborate or dive deeper into motivations.

In addition to clear communication is prompt and regular communication. While it should go without saying, many miss the simple opportunity to build rapport and common ground by just being responsive. It happens all too often that there are significant gaps in the length of time it takes to receive a response from the other side. Whether it’s attorney review or other delay it is important to always respond to let the other party know you are actively engaged in the negotiation.

Not all deals are alike, but communication undeniably holds a pivotal role in each transaction. The objective is to discern the needs of both parties and adeptly locate a common ground that brings satisfaction to all involved. Accomplishing this task is challenging without effective communication, especially if you handle each transaction in a uniform manner.

Maintain clear and open communication with the other party to understand their perspective and concerns. This will help you to understand their clear needs and to avoid any missing information or conflicts

Going deeper in the negotiation, alignment of interests should always be the primary goal for every successful negotiations. We should also understand that what benefit we can help our counterparts in order to achieve a mutually beneficial results for various parties for win-win situations. When to compromise and when not to compromise is something that a negotiator should be very careful of to align interests.

By focusing on the interests of the other side, you can typically find out what their primary goal(s) of the transaction are. To the extent you can concede on some of their goals and give them a "win", you are in a much better position to negotiate and secure your own goals.

While this is generally accurate, it's important not to dismiss the significance of "positions." I completely agree that a key aspect of successful negotiation revolves around comprehending the motivations of the involved parties (e.g., Buyer/Seller, Tenant/Landlord). Grasp the requirements of each party and strive to converge everyone towards a central point where satisfaction or the "best-case scenario" is realized.

It is in most cases a compelling legal negotiating tact to identify those disputed matters where in which one party's position also advances an important economic or other business interest of the other party. An hypothetical example would be to support a request by a potential tenant (T) for advertisement on landlord's (L's) shopping center's corner monument sign. Such advertisement could potentially draw more street traffic to T's business, resulting in greater profits to T. These additional profits may also be realized in-part by L under an appropriate percentage rent provision in the commercial lease. This advancement of the economic interest of L may be used effectively by T in order to convince L to accept its request for signage.

While positions are important, interests are key to negotiations as well. Therefore it is key to retain brokers and attorneys that understand this aspect. Sometimes a deal can be hashed out in 30-60 minutes with all parties on a call or sitting at a table discuss what they are looking to achieve vs a thread of emails going back and forth

In commercial real estate negotiations, creativity can be the bridge to consensus. It's about venturing beyond traditional boundaries to find mutually beneficial solutions. Think along the lines of flexible lease terms, phased payments, or even joint venture opportunities. I once brokered a deal where we converted part of the rent to a profit-sharing arrangement, aligning the interests of both parties with the business's success. These inventive strategies can turn a deadlock into a handshake, demonstrating that flexibility and ingenuity are just as important as the numbers on the table.

Explore creative solutions that can benefit both parties, such as leaseback arrangements, profit-sharing, or phased payments. In a challenging deal at a high-end location, we encountered a tenant who faced difficulties in paying rent. Instead of adhering to the quarterly payment schedule, we adapted to the situation by allowing monthly payments. This approach demonstrated our support for the tenant during their tough times, enabling the deal to continue successfully. This scenario exemplifies our preference for flexibility over a rigid, tough stance in negotiations.

Rapport and trust is very important in this industry, not only to your client but when dealing with other parties. Great negotiators have the reputation in the marketplace of looking out for there clients, being cooperative with other brokers, attorneys and vendors and showing a track record of successful negotiations. I've seen many times in the marketplace where someone was disrespectful, only looked out for their interests, and has no rapport with other professionals in the industry. Individuals like these tend to hurt themselves in the long run.

Always follow up in writing after any tentative agreements have been made. It's important to document and relay to all parties of all the key points of the agreement as well as any documents that need to be provided for final review before execution. Following up via email not only shows a good practice of recapping any tentative agreements, but also prevents the practitioner of any liability.

Always negotiate from strength. Be aware of your needs and the other sides needs and find your strong points and operate there.

Make sure you don’t miss anything in your toolbox. Terms in the contract can always be renegotiated to reach common grounds. Time, options, rights, cap, conditions, etc, everything can be leveraged to create optimal results for both parties. We can also expand the boundaries for better results.

-De um modo geral, são alguns pontos interessantes a considerar e já constroi uma base para ajudar quem tem interesse em entrar na area. -Quanto a soluções criativas do ponto 4, é importante tambem tem em conta a natureza do imovel, se tem algum tipo de condominio e quem é o detentor da maior parte do imovel. Existem regras e regulamentos tanto legais como de condóminos que devem ser respeitados acima de qualquer ideia inovadora. -Devem acrescentar outro ponto considerando a natura do ativo imobiliário. Diferentes ativos, têm diferentes regras e diferentes clientes (escritorios, alojamento local, centros comerciais, etc.) que devem ser analisados detalhadamente para se encontar uma solução ideal para todas as partes envolvidas.