Commercial Investment Real Estate

JAN-FEB 2018

Commercial Investment Real Estate is the magazine of the CCIM Institute, the leading provider of commercial real estate education. CIRE covers market trends, current developments, and business strategies within the commercial real estate field.

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COMMERCIAL INVESTMENT REAL ESTATE 18 January | February 2018 B usiness breakups often involve bruised egos, emotional sparring, and financial consequences. The complexities of resolving professional disputes or dissolving a profes- sional connection can make business relationships even more fraught than personal breakups. The significant financial and professional consequences for all parties involved can be even worse, if not they are not planned in advance. When disputes between business partners occur, having the appropriate dispute resolution procedures in place minimizes the financial risk and uncertainty. Clearly defining the contours of the business relationship at the start can help manage expecta- tions, set collective goals, and ensure that those involved have the same understanding. No matter how positive the outlook may be for a business relationship at the beginning, circumstances change, resulting in different perspectives, priorities, and preferences. From financial challenges, shifts in the marketplace, or genuine personal or professional differences between business partners, disputes can arise in many ways. Countering Deadlock A deadlock is a specific type of dispute that occurs when business partners cannot agree on one or more material issues affecting the business, leading to company paralysis. To minimize the negative impact of a potential deadlock, business owners are advised to agree on a deadlock resolution mechanism when starting new businesses or when a change in ownership structure occurs. If a company's governing instrument does not outline agreed- upon deadlock resolution mechanisms, the deadlock and fate of the company will be subject to resolution by the courts. In the worst-case scenario, the result could be a costly forced sale or dissolution of the company. Corporate management structures evolve over time. Don't leave the fate of your company and its financial future up to KTSFotos Avoiding Deadlock Advance planning minimizes the impact of business breakups. by Ryan Olson LEGAL B R I E FS

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