In the disposal phase, the termination of the real estate leasing agreement requires agreeing to and providing for the necessary “liquidation arrangements:”
variations and right to choose
- purchase rights
- purchase obligation (= no right to choose)
- extension leasing
- original agreement (clause)
- option of an extension leasing
- subsequent agreement (subsequent agreement or direct extension agreement)
- agreement to an extension leasing
- original agreement (clause)
- return
- sale to third party
- sale to a third party with lessee’s profit sharing right
- (optional) negotiations for another type of real estate succession
purchase rights (legal)
- = branch practice and standard case
- it is standard practice that the lessor grants the lessee purchase rights to acquire the leasing property
- sale and lease back
- in the case that the lessor purchases the leasing property from the lessor (sale and lease back), the acquisition option at the end of the ordinary leasing duration constitutes a “repurchase right”
- cf. sale and lease transactions
- purchase price
- residual value at the end of the leasing duration
- time of execution
- at the end of the ordinary leasing duration
purchase obligation (requirement)
- = exceptional case
- lessee’s purchase obligation
- similar to right to compensation for non-exercising of purchase right
option for extension leasing
- = right to continued leasing after the end of the ordinary leasing duration
- standard or a matter for negotiation depending on the lessor
- exercising the option
- expediency
- depending on the circumstances, an extension leasing can be legally, commercially, financially or profitably beneficial
- further leasing investment
- total investment costs = residual book value of the leasing property plus investments necessary after the “first” leasing duration (repairs, updating to the latest use and construction standard, conversion, expansion, etc.)
- future leasing payments and new amortisation amounts
- adjustment of the leasing payment and the amortisation amount to the new total investment costs (residual book value + required investment) and possibly current refinancing conditions
- depending on the situation, an increase or lowering of the leasing payment and or amortisation rates is conceivable
- duration
- continued validity of the leasing agreement generally for the same duration again
- negotiation need
- the establishing of new key leasing information often requires negotiations between the partners to the agreement
- usually, the result of the negotiation process is a new leasing agreement, independent of the original leasing agreement and an individual contractual work
- expediency
- not exercising the option
- not exercising the option for an extension of the leasing means the return of the leasing property and sale (sale to third party or a lessee, exercising a possible purchase right or an agreement dependent on it)
return
- = standard case
- lessee
- clears out the property
- prepares it for return inspection
- lessor
- property transfer subsequent to acceptance
- lessor’s disposal liquidation risk
- shift back to the lessee
- correlation to disposal liquidation risk
- profit sharing right
- preparation for outside or other use or sale
sale
- sale to a third party
- settlement of the liquidation result
- loss
- shift of a liquidation loss to the lessee according to the prevailing contractual agreement
- profit
- handing over a liquidation profit or a portion of it (profit share from profit participation of the lessee = percentage of the net liquidation revenues [= difference between the residual book value according to the lessor’s books and the net purchase price], less a processing fee for the sale) according to the prevailing contractual agreement to the lessee
- loss