Traditionally, retail tenants have sought to include provisions in their leases explicitly giving them the right to audit landlords’ books, particularly with regard to common area maintenance (CAM) charges. However, case law suggests that a retailer may not be out of luck if its lease is silent as to audit rights. Tenants should also be aware that even where audit rights are set out in a lease, landlords often insert restrictive clauses that seek to limit tenants’ rights to recover overcharges in court.
Continue Reading The Effect of CAM Audit Clauses in Retail Leases
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Retailers Look Forward With Cautious Optimism
By Barbara E. Champoux on
Posted in Corporate & Transactions
Based on my recent survey of retail experts, retailers are starting to feel cautious optimism about the industry and its recovery. Current trends in the industry include luxury retailers bringing their lower-priced lines and outlet stores out of the shadows and into the forefront. Retailers are focusing on inventory management to meet changes in customer…