Weekly Perl: A Commercial Real Estate News Recap

By Marc Perlof | @MarcRetailGuy CA #01489206 September 21, 2026 If you own retail real estate, here’s what just changed for you. Americans with Disabilities Act (ADA) risk is not only about lawsuits and CASp reports. It is also about what can actually be corrected at the property. For California retail property owners, the phrase that matters is “readily achievable.” In plain English, readily achievable means certain accessibility barriers may need to be removed when the work can be done without much difficulty or expense. That does not mean every older retail property must be rebuilt from scratch. It also does not mean an owner can ignore the issue because the building has been that way for years. The real question is practical: what can be fixed, who should fix it, what will it cost, and how could the issue affect the property’s value? Why Readily Achievable Repairs Matter Many retail owners hear “ADA” and assume the issue will be expensive, complicated, and impossible to manage. Sometimes it can be. But not every ADA issue requires a major rebuild. Some items may be smaller and more manageable. Examples may include signage, striping, door hardware, restroom accessories, threshold issues, counter access, parking markings, or path of travel items. Other issues may be more complex, especially when slopes, restrooms, ramps, structural conditions, or site layout are involved. The point is not that every repair is simple. The point is that owners should understand which issues are manageable and which issues may require a larger plan. That knowledge matters because uncertainty can become expensive. If an owner does not know what needs to be fixed, a buyer, tenant, attorney, or plaintiff may define the problem for them. That usually puts the owner in a weaker position. Does Year Built Matter? Year built can matter, but owners should not rely on age alone. Older retail properties may have more accessibility issues because parking, restrooms, entrances, slopes, counters, and paths of travel may not match current standards. But newer properties can still have problems if work was done incorrectly, tenant improvements changed the layout, parking was restriped, restrooms were altered, or access routes were modified. The better question is not only, “When was the property built?” The better question is, “ What is the current condition of the property today? ” A property can be old and still have manageable issues. A property can be newer and still have compliance problems. Owners should avoid assumptions. Common Retail Property Areas That May Create ADA Risk For retail properties, readily achievable repairs often show up in customer facing areas such as parking, access aisles, signage, paths of travel, entrances, doors, restrooms, service counters, seating areas, and common areas. The key issue is not just where the problem is located. The key issue is whether the repair is practical, who controls the area, and whether the lease shifts any responsibility to the tenant. Before making repairs, the owner should understand the property condition, the tenant’s use, the lease language, and the likely cost. Some items may be simple. Others may require design, permits, tenant coordination, or a larger plan. How Readily Achievable Repairs Affect Value Readily achievable repairs affect value because they can turn unknown risk into known cost. If an owner identifies a $10,000, $20,000, or $35,000 issue before a sale, the owner can make a decision. Repair it. Budget for it. Disclose it. Price it. Negotiate around it. Get professional advice on the proper path. But if the issue appears during escrow with no plan, the buyer may assume the risk is larger than it really is. That can lead to a larger price reduction, repair credit, holdback, longer due diligence period, or stronger seller protections. In some cases, the buyer may use the issue to renegotiate the deal. This is the value problem. The repair cost may be one number. The buyer’s fear may be a much larger number. For retail owners, the goal is to avoid letting someone else turn a manageable repair into a major pricing issue. How Repairs Can Affect NOI and Leasing ADA repairs can also affect leasing and NOI. If a new tenant needs accessibility work before opening, the tenant may ask the landlord to complete the work, provide more TI money, give more free rent, reduce rent, or delay the rent commencement date. That affects income. If income is reduced, value may be reduced. For example, if unresolved accessibility issues cause the owner to give extra free rent or absorb improvement costs, the impact is not only the repair bill. It can also affect the lease economics and the property’s value. This is especially important with restaurants, medical users, dental tenants, service tenants, franchise tenants, and other businesses that serve the public. A tenant may still lease the space. But if the owner has not evaluated accessibility issues early, the tenant may gain negotiation leverage. What Retail Owners Should Do Retail owners should take a practical approach. Identify the customer facing areas of the property. Look at parking, access aisles, entrances, doors, paths of travel, restrooms, counters, signage, and common areas. Review the lease. Understand what belongs to the landlord, what belongs to the tenant, and what may be shared. Get the right guidance before making decisions. ADA and California accessibility claims are technical. Owners should speak with an ADA attorney and qualified accessibility professional before ordering reports, making written statements, or starting repairs. Separate small fixes from larger issues. Some items may be manageable. Others may require design, permits, tenant coordination, or a larger budget. Think about value. The question is not only, “What does this repair cost?” The better question is, “What happens if this issue comes up during a lawsuit, lease negotiation, refinance, or sale?” That is where small problems can become expensive. Common Questions Retail Owners Ask Does readily achievable mean optional? No. Owners should not treat it as optional. It means the work may be required when it can be done without much difficulty or expense. Does an older building get a free pass? No. Older buildings may not need to be rebuilt from scratch, but owners should not assume age eliminates accessibility risk. Should every issue be fixed immediately? Not always. Owners should get proper legal and technical guidance, understand the priority, and create a controlled plan. Final Thought Readily achievable repairs matter because they connect ADA risk to real ownership decisions. For retail property owners, the goal is not panic. The goal is control. If the owner understands the issues early, the owner can decide what to repair, what to budget for, what to discuss with counsel, what to negotiate with the tenant, and what may affect value. If you are unsure whether an ADA repair is a small fix or a larger value issue, I can help you look at how it may affect leasing, NOI, and sale risk. If the owner waits until a lawsuit, tenant demand, buyer inspection, or escrow issue, the owner may have fewer options and less leverage. In next week’s blog, “How ADA Risk Affects Retail Property Value, Leasing, and Sale Negotiations,” we will discuss how accessibility issues can affect pricing, buyer confidence, NOI, lease terms, escrow, and final net proceeds. Based in Los Angeles. Serving Southern California. Active across California. Advising clients nationwide. #RetailRealEstate #CommercialRealEstate #CaliforniaRealEstate #RetailPropertyOwners #ADACompliance #CASp #PropertyValue #CommercialProperty #MarcRetailGuy

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