Own or Lease

Retailers debate the best
real estate setup

Doris Shanbrom-Ross and her business partner, Cookie Koblin, spent nine-and-a-half years in rented space before they were able to buy a building for their store, Bloomfield Keego Resale in Keego Harbor.

That was 18 years ago, and they haven’t regretted their decision to purchase - especially now that their building is completely paid off.

“We have not been sorry that we bought this building,” said Shanbrom-Ross. “It has gone way up in value.”

Robert Butke, on the other hand, moved his Laiti Jewelers store nine years ago from a building he owned in downtown Hancock to leased space in the Copper Country Mall in Houghton. The move boosted business significantly.

“Downtown hadn’t changed in decades,” he said. “There was no parking; the storefronts were deteriorating. When we had an opportunity to come to the mall, we increased our gross [sales] by about 200 percent.”

Leasing has other advantages, Butke said. His advertising budget is lower due to the heavy promotion done by the mall, and he doesn’t have to worry about upkeep and snow removal.

Pride of ownership
MRA members are almost evenly split between owning and leasing their stores, with 47 percent owning their property and 53 percent leasing, according to a Michigan Retail Index survey in 2000. But a majority of retailers - including many of the renters - swear by purchasing their own building.

“I would rather own than lease any day,” said Gene Moutsatson, of Book Mark LLC in Mt. Pleasant, who leases all four of his locations and is working toward buying one of them.

Like home ownership in the private sector, building ownership seems to be the American dream of retailers. One of the major advantages is building up equity in an asset that can eventually be sold.

“I’d much rather own the building,” said Jerry Brown, owner of Brown’s Pharmacy of Portland, who owns one drugstore in downtown Portland and leases another in Lansing. “You have something left when you’re done.”

That’s a strong enticement to retailers, many of whom look forward to selling their building someday at a profit. Some store owners sell the business upon retirement but keep the property as a source of rental income.

Retailers also like having control over their property rather than being subject to the whims of a landlord who may decide to increase rent dramatically or fail to make needed repairs.

“I think you’re much better off owning your own space,” said David VanMeer, owner of Arley’s Firestone Inc. in Lathrup Village, who has owned his building for 37 years. “It offers you more flexibility. You lose your liquidity, but you gain your independence.”

It’s common for retailers who own their building to hold the property and the business under separate legal entities and have the store pay rent. That arrangement allows others to invest in the building without investing in the business and provides certain tax advantages when selling the property, said Mark Hooper, of Okemos accounting firm Andrews Hooper & Pavlik PLC.

Why lease?
Though retailers tend to favor ownership, many real-estate professional recommend leasing because it increases the amount of money available for investing in the business.

“Generally retailers don’t want to own property and tie up their money in capital,” said Robert Berlow, a real estate attorney with Dykema Gossett PLLC in Bloomfield Hills and former executive vice president and general counsel for Perry Drugs.

“Retailers should consider how much money they have and whether it is better invested in inventory or something else that will give them a better return [rather than real estate],” added Craig Melby, of ITRA Realty Group in Palm Beach, Florida, which specializes in tenant representation.

Leasing also eliminates the risk of purchasing real estate in an area that may decline.

“If a location goes bad or a town has retail collapse, you are not exposed to the consequences if you do not own the property,” said Bruce Rogers, an MRA board member and retired president of Bartling’s women’s clothing stores who has owned and leased in malls, downtowns and free-standing locations in northwest Michigan. “If you are not absolutely sure about the long-term upside of your location, it is not worth the risk to buy rather than lease.”

Starting out
Even the diehard proponents of property ownership agree leasing is best for a store just starting out. Besides the fact that a new business may not have the capital to purchase, it’s unwise to make such a commitment without first seeing how well the business will succeed.

Doug Dancer, former president of Mason-based Dancer’s Inc., leased most of the locations for his 30-store apparel chain.

“We felt it was advantageous to rent rather than own until we got ourselves established in the community,” said Dancer, who now works for Vision Real Estate in Mason.

Short-term leases with several options to extend the term are recommended for both new and established retailers. A shorter lease provides the flexibility to move if conditions change. That’s essential since it’s almost impossible to break a lease unless termination clauses have been included.

In fact, the burden of maintaining long-term leases on closed stores was one of the factors that forced Kmart Corp. into bankruptcy early this year. Bankruptcy allowed Kmart to reject leases on 335 closed locations - leases that were costing the company $250 million per year.

Robin Hoffman, of Kokopelli’s Gift Shoppe in downtown Pentwater, has benefited from both the affordability and the flexibility of leasing since she opened her store two years ago.

“It gives me an opportunity to get established in business,” she said.

A one-year lease allowed Hoffman to move from a side street to the main street quickly. She has had a good experience with both of her landlords and intends to renew for a longer term this year. Even so, she hopes to buy a building in a few years when her store is more established.

Landlord hassles
Much of the retailer’s satisfaction with a lease hangs on the competence and flexibility of the landlord. That’s why it’s important to talk to other tenants and consult a real estate attorney before signing a lease.

“I have seen fellow retailers lose everything they owned because they were not properly advised in the beginning and the shopping-center landlord took them to the cleaners,” said Rogers, of Bartling’s.

Rebecca Aughton, co-owner of Bra~vo Intimates in downtown Royal Oak, ignored her attorney’s advice to “walk away” from a lease she was considering. As a result, she said, she has faced constant battles over repairs and rent payments in the months since she opened her store.

“It can make you concentrate so much of your time and energy on that instead of on your business,” she said.

Maintenance is one of the biggest issues in both ownership and leasing. Many retailers like turning the work and cost of repairs over to a landlord. Others prefer completing repairs on their own timetable and to their own standards rather than depending on a landlord.

Even in a lease situation, tenants are often responsible for some of the most expensive repairs, such as upkeep of the heating and air conditioning systems. It’s important to know exactly what portion of maintenance is the tenant’s responsibility, especially in an older building.

Moutsatson, of Book Mark, has had “some very expensive lessons” on the cost of air conditioning repairs. Other repairs have been simply inconveniences, such as when Moutsatson discovered it was his responsibility to replace a double-pane glass door after the interior seal broke, causing the glass to become cloudy.

Location, location
In the end, though, the real estate truism about “location, location, location” applies whether retailers own or lease. A store that depends on walk-by traffic may be better off leasing in a shopping center, while a destination store can benefit from owning a stand-alone building.

Small retailers who need a high-traffic location will likely end up leasing simply because that’s the only option in a strip center or mall, said Bill Boettcher, of Huntington’s in Lansing. He moved his upscale leather goods and gifts store from a building he owned in downtown to the Frandor shopping center to take advantage of higher traffic.

“My preference certainly would be to own the property,” he said. “We just happen to be in a situation where we felt it was beneficial to have the shopping center drawing the traffic.”

Eric Pearson, of Bill & Paul’s Sporthaus in Grand Rapids, made the opposite move six years ago, from a mall to his own free-standing building. He found that his store was enough of a destination that the mall environment wasn’t worth the high cost of rent.

“People came just to see us, so we realized we didn’t need the traffic [the mall] was generating,” Pearson said.

Numerous software programs are available to help retailers compare the financial costs and benefits of owning and leasing, said accountant Hooper. Even more important, however, is the quality of the location. Is the property likely to appreciate in value? How easy would it be to find a buyer or sublease the building?

“Both [leasing and buying] are significant financial obligations,” Hooper said. The main factor is how good the property Is.

This article was written by Michigan Retailer staff writer Rachel Whitaker.

Return to July/August Michigan Retailer Page one

Advantages

Owning
• Equity - building up an asset that can be sold or rented upon retirement
• Investment - real estate likely to increase in value
Stability - no risk of rising rent payments or eviction
• Flexibility - can adjust rent and maintenance costs depending on how business is going
Control - maintenance and modifications can be completed to owner’s satisfaction
• Taxes - can deduct interest expense, property taxes and depreciation

Leasing
• Affordability - can get started in business without a large capital outlay
• Capita - more money available to invest in inventory and expanding the business
• Predictability - fixed rent and maintenance costs; no risk of depreciating real estate
• Flexibility - no obligation to stay when lease term runs out
Lower maintenance - landlord typically takes care of upkeep
• Taxes - can deduct lease payment and maintenance charges

Obtaining the best lease

When selecting your site:
• Give yourself adequate time for researching the real estate market.
• Consult an experienced real estate attorney, accountant and real estate broker for advice on finding the best location and negotiating the most advantageous lease.
• Talk to existing tenants in a center about the business environment and their satisfaction with the landlord.

When negotiating the lease:
• Take out a short-term lease (three years is typical) with several options for renewal.
• Avoid yearly cost-of-living increases in rent. Have the amount of increase, if any, spelled out ahead of time.
• Avoid or limit personal guarantee of the lease.
• Obtain as many outs as possible, such as right to break the lease if the anchor closes or if the landlord cannot provide needed expansion space, or simply by paying a penalty.
• Plan for future needs. Obtain options on adjacent space and make your use-clause broad enough to cover addition of new products.
• Seek a broad exclusivity clause barring direct competitors from locating in the same center.
• Negotiate to reduce charges for common area maintenance, taxes and insurance. The percentage you pay should be based on the total leasable square footage of the center, not the space that’s occupied.
• Make sure you know what is included in common area maintenance charges, and seek to reduce management fees.
• Have the landlord guarantee that the space meets building codes. Ask for a guarantee on the condition of the electrical, plumbing, heating and air conditioning for the first several months.
• Have the landlord responsible for as much of the maintenance and repair as possible. Spell out who’s responsible for various aspects of maintenance and whether the tenant pays part of the cost of improvements.
• Obtain the right to sublease the space or assign the lease.
• Obtain option to buy.

These tips are compiled from information provided by:

Robert Berlow
Dykema Gossett PLLC
Bloomfield Hills
248.203.0771

Doug Dancer
Vision Real Estate Inc.
Mason
517.676.7700

Craig Melby
ITRA Realty Group
Palm Beach, Florida
561.832.2772