Weekly Perl: A Commercial Real Estate News Recap

Marc Perlof • August 2, 2024
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DTSM welcomes new chair, vice chairs and four new appointments to the board


Thursday’s meeting of Downtown Santa Monica, Inc. (DTSM) was all about new people in new positions as the board of directors welcomed the four new appointees and Michele Aronson was voted in as the new chair, replacing Eric Sedman.


A yellow background with white letters that say 100 under 100

100 Under 100: Emerging restaurant chains that are thriving in the U.S.


These brands with fewer than 100 locations have some serious growth momentum. This year’s Technomic Top 500 results were a mixed bag for the restaurant industry. On one hand, many large restaurant brands stagnated in 2023, with sales increases merely a reflection of menu price increases and with a full third of brands experiencing a net unit count decrease.


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Three sandwiches are lined up in a row on a white surface.

Old School Bagel Cafe Brings New York Flavor to Middle America


Danny Cowan spent 20 years working at the once-popular New York Bagel, franchising two locations in Denver. He perfected the New York–style of boiling bagels in water for 60 seconds before baking, creating a crisp outer layer and soft center. Outside of New York Bagel, this method wasn’t commonly used in Middle America at the time. 


Three bowls of fruit are sitting on a wooden table.

How Jamba is Reinventing Itself and Reconnecting with the Consumer


The same industry, but varying obstacles. For instance, the 730-unit Jamba is a seasonal brand and has a different franchise makeup than what Louer has been accustomed to. He was faced with getting to know the people involved, integrating into the broader GoTo Foods company (parent of Jamba, in addition to Auntie Anne’s, Cinnabon, Carvel, McAlister’s, Schlotzsky’s, and Moe’s), and understanding the nuances of the chain.



A kroger store and an albertsons market street store are next to each other.

Kroger, Albertsons $24.6B merger temporarily blocked by Colorado judge


The Kroger, Albertsons merger was postponed on Thursday by a Colorado judge, who granted a preliminary injunction for a hearing in August. The proposed $24.6 billion merger has been challenged in Colorado by the state attorney general. That’s in addition to a multi-state lawsuit led by the Federal Trade Commission and a separate lawsuit in Washington state.


A kroger store and an albertsons market street store are next to each other.

What impact would the Kroger, Albertsons merger have on gas stations?


Kroger and Albertsons are two of the largest fueling station providers in the country, operating roughly 1,408 U.S. fueling stations, but about 10% of those stations would be divested to C&S Wholesale Grocers if the $24.6 billion mega-merger of the two grocery chains is approved later this year.


A man is shopping for fruits and vegetables in a grocery store.

Amazon Fresh continues rapidly opening stores


More Amazon Fresh grocery stores are on the verge of opening up shop — most recently in Pennsylvania, according to the Philadelphia Business Journal. The online retail giant will open its next brick-and-mortar operation in Bensalem, Penn. 


The front of a big lots store with a blue sky in the background

Big Lots Plans About 140 Store Closings, Far More Than Expected


Money-losing discount retailer Big Lots is closing roughly 140 stores cross the country, more than triple the number it originally announced, in what one analyst said could be an attempt to cut losses by swiftly shutting some poorly performing locations.

The Columbus, Ohio-based company on its website has now identified 141 stores in 27 states that it said it will be shutting. Big Lots is most dramatically reducing its brick-and-mortar footprint — by a half — in California, where it plans to close 54 stores. It currently has 109 retail locations in the Golden State.


A red and white fast food restaurant with a car parked in front of it.

Jack in the Box Is Opening Over 100 Locations in These 4 States


With Jack in the Box's bold growth into Arkansas, Florida, Montana, Wyoming, and beyond, fast-food landscapes everywhere are about to get tastier. And if burgers aren’t your thing, no worries. Jack in the Box owns Del Taco too, and the taco chain is set to open 138 new locations. Just make sure to use one of the best cash back credit cards to save more during your visit.


A person is taking a slice of pizza out of a pizza hut box.

Large Pizza Hut Franchisee Files Bankruptcy Amid Legal Battle with Franchisor



A large Pizza Hut franchisee declared bankruptcy Monday weeks after the franchisor filed a lawsuit accusing the operator of financial mismanagement. EYM Pizza has 126 locations across Illinois, Wisconsin, South Carolina, and Georgia. It recently shuttered its Indiana market, which had 15 stores.


The front of a store called conn 's home plus

Conn’s closing 71 stores — here’s where


Conn’s is starting liquidation sales at select stores across its operating area amid rumors that it is considering filing for bankruptcy.

The struggling, Texas-based retailer of furniture, mattresses, appliances and consumer electronics retailer is closing 71 stores in 13 states, with the locations to be shuttered listed on its website. Florida will see the largest amount of closings, with 18 stores going dark, followed by Texas, with nine closings. 


By Marc Perlof September 18, 2026
10-year Treasury yield hits highest level since 2007 ahead of Fed rate decision New York — The bond market sell-off is raising the stakes for the Federal Reserve’s monetary policy meeting this week and putting a spotlight on the central bank’s commitment to reining in inflation. Traders widely expect the Fed to raise its benchmark interest rate on Wednesday for the first time since 2023. Traders are pricing in a 92% chance of a rate hike, according to CME FedWatch, a real-time forecasting tool...
By Marc Perlof September 14, 2026
By Marc Perlof | @MarcRetailGuy CA #01489206 September 14, 2026 If you own retail real estate, here’s what just changed for you. Why CASp Reports Matter A Certified Access Specialist (CASp) report can help a California retail property owner understand accessibility issues before they become a bigger problem. It may identify concerns involving parking, paths of travel, entrances, doors, restrooms, signage, counters, slopes, and common areas. The value of a CASp report is clarity. It helps an owner understand what issues exist, what may need to be corrected, what may affect a lease or sale, and what requires legal guidance. But owners should be careful. A CASp report should not be ordered casually with no plan. If a report identifies issues and the owner does nothing, the owner may create a record of known problems without a strategy to address them. For retail property owners, the real value of a CASp report is not the report itself. It is reducing uncertainty before that uncertainty turns into buyer leverage, tenant demands, settlement pressure, or a lower sale price. What Is a CASp Report? A CASp inspection is performed by a trained accessibility professional who reviews a property for construction-related accessibility issues. For retail owners, a CASp report may review customer-facing areas such as parking, access aisles, ramps, walkways, entrances, doors, restrooms, counters, signage, slopes, and common areas. The exact scope depends on the property, the tenant use, and the purpose of the inspection. That matters because many owners do not know where the problems are until someone else points them out. That someone may be a plaintiff, attorney, tenant, buyer, lender, or inspector. Why Timing Matters Timing matters with CASp reports. In some situations, getting a CASp inspection before a claim may provide more options than waiting until after a lawsuit is filed. Owners should confirm the timing, legal effect, and any potential benefits with an Americans with Disabilities Act (ADA) attorney before relying on a CASp report. This is one reason retail owners should think about accessibility before there is pressure. Before a lawsuit, sale, refinance, major lease negotiation, tenant turnover, or remodel, an owner may have more control. The owner can speak with an attorney, decide whether a CASp inspection makes sense, evaluate the findings, budget for work, and create a plan. After a lawsuit or during escrow, the owner may have less control. Deadlines are tighter. Buyers may use the issue as leverage. Tenants may resist responsibility. Repairs may need to be priced quickly. That is when unknown risk becomes expensive. Can a CASp Report Create a Problem? Yes, if the owner handles it poorly. A CASp report can be helpful, but it can also create pressure if it identifies issues and the owner ignores them. The problem is not the report itself. The problem is having knowledge of potential issues with no plan to address them. That is why owners should speak with an ADA attorney and a qualified accessibility professional before ordering inspections, making written statements, or starting repairs. The right sequence matters. Get the right guidance. Define the purpose of the report. Review the findings. Create a realistic plan for what can be corrected, what may need more review, and what should be documented. How CASp Reports Can Affect Property Value CASp reports can affect value because they reduce uncertainty. Buyers do not only look at rent, Net Operating Income (NOI), lease term, cap rate, and tenant strength. They also look at risk. If a buyer sees unresolved ADA concerns with no report, no explanation, and no plan, the buyer may assume the worst. That can lead to a lower offer, a repair credit, a price reduction, a holdback, a longer due diligence period, or stronger seller protections. A CASp report can help shift the conversation from guessing to facts. That does not mean every buyer will ignore the issue. It does not mean the property is perfect. But it can help the owner show that the issue has been reviewed and that there is a plan. In real estate, fear often creates bigger discounts than facts. If a repair costs $20,000, the owner wants the discussion to be about $20,000, not a buyer guessing the issue could cost $100,000. That is how clarity can protect value. How CASp Reports Can Affect Leasing CASp reports can also affect leasing. A restaurant, medical tenant, dental tenant, franchise operator, or service tenant may care about accessibility before signing a lease or opening for business. If the owner understands the property’s accessibility issues before lease negotiations, the owner can better decide what work belongs to the landlord, what work belongs to the tenant, and whether the issue should affect rent, tenant improvement money, free rent, or delivery condition. Without that information, the owner may negotiate blind. That can cost money. What Retail Property Owners Should Do Retail owners should not treat CASp reports as a box to check. They should treat them as part of a risk and value strategy. Speak with an ADA attorney before ordering reports or making written statements. Use a qualified CASp professional who understands commercial properties and retail access issues. Define the purpose and scope of the report before the inspection begins. Create an action plan for items that may need correction and consider how the findings could affect a sale, refinance, lease negotiation, or tenant relationship. The goal is to avoid surprises. A surprise during escrow can become a price reduction. A surprise during a lease negotiation can become extra landlord work. A surprise after a lawsuit can become settlement pressure. Final Thought A CASp report is not magic. It does not eliminate every risk, replace legal advice, or automatically protect property value. But it can give a retail property owner something valuable: clarity. For retail property owners, the real value of a CASp report is not just knowing what is wrong. It is knowing what to do next. If you are considering a CASp report before a lease, refinance, or sale, I can help you think through how the findings may affect value, timing, and buyer leverage. In next week’s blog, “Readily Achievable ADA Repairs: What Retail Property Owners Should Understand,” we will discuss why some accessibility fixes may be more manageable than owners think, how year built can matter, and why current property condition matters more than assumptions. Based in Los Angeles. Serving Southern California. Active across California. Advising clients nationwide. #RetailRealEstate #CommercialRealEstate #CaliforniaRealEstate #RetailPropertyOwners #ADACompliance #CASp #PropertyValue #CommercialProperty #MarcRetailGuy
By Marc Perlof September 11, 2026
Morning Consult: Five Below, other retailers among 25 fastest-growing brands Five Below is one of the fastest-growing brands in the U.S. The tween and teen extreme value retailer is the No. 10 fastest-growing brand overall and the only retailer to crack the top 10 in Morning Consult’s “Fastest Growing Brands 2026” report. The study ranks the top 25 brands according to year-over-year purchasing intent. A re-launched, decades-old soda brand, Mr. Pibb, ranked No. 1. Five Below’s purchasing consideration increased 3.2 points this year, according to the report. (The retailer recently reported that its second-quarter sales r ose 22.9% to $1.26 billion...)
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