Host: Alison Werner
Guest: David Cohen, Attorney and Chairman, Cohen Property Law Group
Topic: Protecting Your Practice from Hidden Lease Clauses
In this episode, attorney David Cohen joins host Alison Werner to shed light on the hidden lease provisions that can undermine the profitability, flexibility, and future sale of your orthodontic practice. Cohen, who specializes in dental practice transactions and real estate law, walks through real-world examples and outlines how orthodontists can avoid costly lease mistakes that often go unnoticed until it’s too late.
Drawing on his firm’s experience with over 300 practice transactions annually, Cohen emphasizes why legal review of commercial leases is not optional—it’s a critical strategy for practice stability and growth.
Key Provisions to Watch For:
🔹 Profit-Sharing Clauses: Language that requires you to share a portion of the proceeds from the sale of your practice with the landlord.
🔹 White Box/Restoration Clauses: Requirements to return the premises to its original condition upon leaving, potentially costing tens of thousands of dollars.
🔹 Assignment Restrictions: Terms that make it difficult to assign the lease to a buyer, limiting your ability to sell the practice.
🔹 Relocation Clauses: Provisions that allow landlords to move your practice to another unit, often with insufficient compensation and significant production loss.
🔹 Repair and Replacement Costs: Especially for HVAC systems and other infrastructure; these clauses can leave tenants responsible for expensive replacements.
Practical Advice Covered:
💠 How to negotiate key lease terms in a letter of intent (LOI)
💠 What to do if you’re already locked into an unfavorable lease
💠 How to use lease renewal as leverage for renegotiation
💠 Why attorneys—not brokers—should review legal documents
💠 When to involve a lawyer during the lease process
Timestamps:
00:00 Understanding Hidden Lease Provisions
04:42 Common Hidden Clauses in Dental Leases
09:32 Impact of Hidden Clauses on Practice Sales
13:36 Negotiating Lease Terms Effectively
17:04 Mitigating Risks in Existing Leases
22:08 Best Practices for Lease Negotiation
Contact Information for David Cohen:
📧 Lease-related inquiries: david@cohenpropertylaw.com
📧 Practice sale inquiries: david@cohenlawfirmpllc.com
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