Weekly Perl: A Commercial Real Estate News Recap

By Marc Perlof | @MarcRetailGuy CA #01489206 September 7, 2026 If you own retail real estate, here’s what just changed for you. Why ADA Risk Matters Americans with Disabilities Act (ADA) risk can affect a retail property owner even when the tenant operates the business. For California retail properties, accessibility issues can lead to lawsuits, settlements, Certified Access Specialist (CASp) reports, repair obligations, lease disputes, buyer concerns, and lower property value if the risk is not managed. The biggest issue is not always the cost of the repair. The bigger issue is uncertainty. Buyers, tenants, lenders, and attorneys may use unresolved ADA concerns to ask for credits, repairs, holdbacks, price reductions, or stronger lease protections. For retail owners, the goal is simple: understand the risk before a lawsuit, tenant, buyer, or lender uses it against you. Why ADA Risk Matters to Retail Property Owners Most retail property owners do not think about ADA risk until something creates pressure. That may be a lawsuit, a tenant complaint, a buyer question during due diligence, a lender request, a CASp inspection, or a repair demand. By that point, the owner is usually reacting instead of controlling the issue. This matters because ADA risk is not only a legal issue. It is also an ownership, leasing, and value issue. A retail owner may face legal costs, settlement costs, repair costs, tenant conflict, delayed closings, buyer discounts, or disclosure concerns. This year, I saw ADA issues come up on separate retail properties. Once the claims surfaced, the owners had to deal with attorneys, settlement discussions, CASp reports, and property updates. That is when ADA risk stopped being theoretical. It became a real ownership issue with real costs, real deadlines, and real value impact. The mistake many owners make is assuming the tenant is responsible for everything. That may or may not be true. The lease matters. The property condition matters. The location of the issue matters. The type of tenant matters. The owner’s control over common areas matters. The history of prior improvements also matters. In other words, ADA risk is not always simple. What ADA Risk Looks Like in a Retail Property Retail properties are exposed because customers use the property in many ways. They park, walk to the business, enter the space, move through the property, use restrooms, approach counters, and sit in dining or waiting areas. Accessibility issues may involve parking stalls, access aisles, paths of travel, ramps, sidewalks, entrances, doors, restrooms, service counters, signage, slopes, seating areas, or common areas. Some issues may be inside the tenant’s premises. Other issues may be in areas controlled by the landlord. Some may involve shared areas used by multiple tenants. Some may have existed for years without a complaint. That does not always mean the issue goes away. For owners, the practical questions are: What accessibility issues exist? Who controls the area? Who is responsible under the lease? What can reasonably be corrected? What is the cost? How could this affect value? These are ownership questions, not just legal questions. Is ADA the Tenant’s Responsibility or the Landlord’s Responsibility? This is one of the biggest questions retail owners ask. The honest answer is: it depends. A tenant may be responsible for its own operations, furniture layout, fixtures, counters, interior improvements, and customer service areas. But a landlord may still have exposure, especially if the issue involves the property itself or common areas controlled by the owner. This is why the lease matters. A strong lease should address compliance, maintenance, repairs, alterations, tenant improvements, common areas, indemnity, and legal claims. But even a strong lease may not stop a claim from being made against the owner. The lease may help determine who pays, but it may not prevent the owner from being pulled into the issue. The tenant may operate the business, but the owner still owns the property. How ADA Risk Can Affect Retail Property Value ADA risk affects value because buyers do not only underwrite income. They also underwrite risk. A buyer looking at a retail property may ask whether there have been ADA lawsuits, settlements, CASp reports, unresolved repairs, tenant complaints, or prior accessibility claims. They may also ask whether the property has accessible parking, a clear path of travel, proper signage, accessible entrances, and restrooms that fit the tenant use. If the answers are unclear, the buyer may price in uncertainty. That can reduce value. The repair cost may be manageable. The uncertainty may not be. A buyer may not know whether the issue costs $10,000, $50,000, or $150,000. When buyers do not know the number, they often assume a larger number to protect themselves. That is how a repair issue becomes a pricing issue. A buyer may ask for a price reduction, repair credit, escrow holdback, longer due diligence period, legal review, updated reports, or stronger seller representations. In some cases, the buyer may use the issue to renegotiate the deal. In other cases, the buyer may decide the risk is not worth it. This is the “so what” for the property owner. Unmanaged ADA risk can reduce leverage. Reduced leverage can reduce value. How ADA Risk Can Affect Leasing ADA issues can also affect leasing. A new tenant may require accessibility improvements before opening. A franchise tenant may have stricter standards. A restaurant may care about parking, seating, restrooms, service counters, and path of travel. A medical or dental tenant may care even more because patients may include older customers or people with mobility limitations. If the property has unresolved accessibility issues, the tenant may ask for landlord work, tenant improvement money, free rent, rent reductions, a longer due diligence period, or lease protections. The owner may still complete the lease. But the deal may become more expensive. That affects Net Operating Income (NOI). If NOI is reduced, value may be reduced. What Retail Property Owners Should Do Retail owners should not panic. They should get organized. Review the areas customers actually use. This may include parking, access aisles, paths of travel, entrances, doors, ramps, restrooms, counters, signage, and common areas. Review the lease. The owner should understand who is responsible for compliance, repairs, common areas, tenant improvements, legal claims, and indemnity. Consider whether a CASp inspection makes sense. This may be especially important before a sale, refinance, major lease negotiation, tenant turnover, or if there are obvious access issues at the property. Get proper legal and accessibility guidance. ADA and California accessibility claims can be technical. Owners should not rely only on guesses, tenant comments, broker opinions, or internet searches. Think about value. The question is not only, “What will this cost to fix?” The better question is, “What could this cost if it shows up during a lawsuit, lease negotiation, refinance, or sale?” Being proactive is smart, but it should be done carefully. Owners should not rush into inspections, written statements, or repairs without first speaking with an ADA attorney and a qualified accessibility professional. The goal is not to create a report with no action plan. The goal is to understand the risk and make controlled decisions. Final Thought ADA risk is not just a tenant problem. It can affect the owner, the lease, the tenant relationship, the buyer pool, the sale process, and the value of the asset. For retail property owners, the goal is not fear. The goal is control. If the owner understands the issue early, the owner can plan, budget, negotiate, repair, disclose, or address the risk before someone else uses it as leverage. If you own a retail property with public access, I can help you review how ADA risk may affect leasing, buyer questions, and future sale value before it becomes a negotiation problem. In the next week’s blog, “CASp Reports and Retail Property Value: What California Owners Should Know,” we will discuss what a CASp report can reveal, why timing matters, and how knowing the issues early can help protect a retail property owner’s leverage. 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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