Is There a Walmart in Your Future ?

 Walmart has opened its supercenters in many if not most urban and rural communities.  Where do they go next ?  With the over abundance of strip store space just about everywhere Walmart has many options.  Walmart is embracing the concept of 'in-flll" with three concept store formats with which they are experimenting:

 

  1. Walmart Express:  15,000 square foot small store concept with a variety of product assortment;
  2. Walmart Market:     25,000-70,000 square foot grocery and home goods focused stores;
  3. Walmart on Campus:  3,300 square foot stores with product assortments geared to the needs of students (cross between a Walgreen's and a Staple's).

Expect to see Walmart and its competitors rolling out stores as they fine tune these concepts.  Will communities embrace these stores or tighten zoning and use rules and regulations ?  As we have written in prior posts, retail is going to re-tool and re-define itself;  developers and lenders take note.  

 

1099 Reporting Repealed (For Some of You)

 

Earlier this month, the US Congress voted to repeal certain new 1099 reporting requirements that had many smaller landlords in this country crying foul. In essence, expanded 1099 reporting requirements were to take place under the health care reform laws in an effort to raise underreported income. The net effect would have been to impose upon all taxpayers receiving rental income (i.e., all landlords) an obligation to issue a 1099 to the IRS and to any contractor who provided in excess of $600 of service to the taxpayer relative to the rental income. While this may not have been a burden for a commercial landlord, everyone with a two-family, vacation rental, or college student renting a spare bedroom had reason for concern. Elimination of this burdensome reporting requirement comes as some good news in an otherwise still rebounding segment of our economy.

 

Gorilla Marketing Hits Real Estate

Internet/mobile advertising company, Adzookie, is offering to paint your home and pay your mortgage if you keep your house wrapped in their ad.  Not a new idea, but this one will get much more attention for less marketing dollars than the cost of a traditional advertising campaign.  

Any reason this concept will not work for your business or enterprise ?  Wrap a car, a house, the bottom of an airplane.  The possibilities are limitless. (But check the local zoning rules and regulations first !)

Taking Advantage Can Be Disadvantage

A recent off hand statement by a Landlord's attorney got me thinking. I was representing a national retailer in a lease negotiation. We got to an issue that sophisticated landlords typically ask for and most retailers typically concede.  Our client, however, does not typically concede the issue.  The issue has unique meaning for our client because of their specific line of business.  When I told Landlord’s attorney that we do not ever agree to it, his response was “Boy, I wish I was a tenant attorney these days.”

I then tried to explain to him that this was not a case of the Tenant trying to take advantage of a down market, or exploiting some perception of leverage. Rather, this retailer was different from other retailers when considering their product mix and customer base.  And so it was a special business issue, not trying to take advantage; and I meant it !

 

Taking advantage of a superior bargaining position is not always the best thing for anyone. If you take undue advantage, you can be sure the other side will remember it. Then, in the next deal where you may not have the advantage, issues that should be conceded in your favor may not get conceded. Or during the relationship you might find you need a favor or just cooperation.  If you have soured the relationship because of taking undue advantage, the other side may not be so quick to help out. 

 

So the point is to negotiate for what you really need.  Do not demand more than you need or refuse to give what you can.  Protect your client’s real concern.  Anything more may harm the client more than it helps.