Ownership of leased premises

Statement that tenant has no interest in the property other than the right to possession, and that no ownership right has been conveyed. This protects a landlord who is also the owner if the tenant later argues that he holds an ownership interest in the property.

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Owner’s policy

Policy of title insurance usually insuring an owner of real estate against loss occasioned by defects in, liens against, or unmarketability of, the owner’s title.

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Overage rent

Additional rent (over a base amount) that is paid by tenant to owner on tenant’s sales over a specified dollar amount; frequently found in retail leases. Also known as percentage rent.

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Option agreement

Agreement whereby a buyer gets the right, but not the obligation, to buy a piece of property. An option allows the buyer a period of time during which he controls, but does not own and has no obligation or liability for, the property to determine whether he will actually purchase the property.

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Operation of properties prior to closing

Provision governing the seller’s operation of the properties before closing; commitment to not take any action that will adversely affect the property, tenants, or mortgagee of the property.

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Operating expenses

Cash outlays necessary to operate and maintain a property. Examples include; taxes, property insurance, property management and maintenance expenses, utilities, and legal or accounting expenses. Operating expenses do not include capital expenditures, debt payments, or cost recovery.

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