Weekly Retail Real Estate News

Marc Perlof • November 17, 2023
In-N-Out Plots Move into New Mexico

In-N-Out announced Tuesday that it will enter a new market in New Mexico, a rare, but increasingly common move for the decades-old family chain. The burger brand is in the early stages of planning its first restaurants in the state. Openings in Albuquerque should happen by 2027. Expansion into other cities are expected beyond that. In-N-Out will use a distribution facility in Colorado Springs to deliver products to the upcoming New Mexico locations.


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DTSM selects new security company set to patrol the Promenade and Downtown districts


In a lengthy, five hour-plus meeting, the Downtown Santa Monica, Inc. (DTSM) board of directors who were gathered at the Third St HQ, along with members of the public and representatives from the Santa Monica Police Department, voted on which new security company would be offered the contract to patrol the Promenade and Downtown districts.


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Why You Should Negotiate a Lease’s Assignment and Subletting Clause

 

For many landlords looking to lease their ground floor retail space, franchisee tenants are an attractive proposition for several reasons. One, there is a track record. The landlord isn’t giving an improvement allowance and paying brokerage commissions in connection with a lease to a new concept tenant that may fail and force the landlord to re-market the space again soon. A franchise is a true-and-tried concept with a brand recognition that should be able to drive traffic and justify the investments by the landlord.

 

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Santa Monica to get its own ‘sphere’ (two, actually)


In the Downtown Santa Monica, Inc. (DTSM) board meeting last Thursday, members voted unanimously to move ahead with a 360 degree immersive ‘dome’ entertainment activation on the former site of Parking Structure 3. The project will consist of two, 360 degree immersive entertainment domes, very much like the new Sphere in Las Vegas, that has been attracting a lot of attention recently. While these will be very similar in nature they will be significantly scaled down, with one dome being 100 ft in diameter and the other being 180 ft. (To compare, the Sphere is nearly three times that size, at 516 ft in diameter.)


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61-Unit Wendy’s Franchisee Declares Bankruptcy


A 61-unit Wendy’s franchisee declared bankruptcy Tuesday after suffering from “post-COVID consumer habits, ever-increasing costs to do business, and significantly higher interest rates,” CEO Andrew Levy said.

Florida-based Starboard Group operates restaurants across Florida, Alabama, Illinois, Missouri, and Wisconsin. The company shuttered nine locations shortly before the filing. Collectively, these stores accounted for $1.5 million of $2 million in annual losses. Two additional units shut down prior to this move as well. More closures of underperforming stores—or ones with large remodel obligations—will likely happen in the future.

 

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Real estate can use generative AI to turn the industry’s data into treasure in seven steps.


Generative AI (gen AI) is maturing at an auspicious moment for the real estate industry. Investors have mountains of both proprietary and third-party data about properties, communities, tenants, and the market itself. This information can be used to customize existing gen AI tools so that they can perform real estate–specific tasks, such as identifying opportunities for investors at lightning speed, revolutionizing building and interior design, creating marketing materials, and facilitating customer journeys while opening up new revenue streams.

 

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BuyBuy Baby plots 100 stores; will open 11 on Nov. 18 — here are the locations


BuyBuy Baby is ready for its brick-and-mortar comeback. The specialty baby products retailer is opening 11 stores on Saturday, November 18, with locations stretching from Massachusetts to Maryland. (See list of locations at end of article.)The openings come less than four months after BuyBuy Baby was purchased out of bankruptcy by baby goods manufacturer Dream on Me and shuttered all its stores.

 

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Private equity firm Aurelius to acquire The Body Shop


The Body Shop is getting a new owner — for a bargain. Brazil-based cosmetics conglomerate Natura & Co said it reached an agreement to sell the natural beauty products pioneer to U.K. private equity group Aurelius. The transaction is valued at £207 million ($254 million), a steep decline from the $1.2 billion Natura paid to acquire The Body Shop from L’Oréal in 2017.

 

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Boot Barn to open 52 stores in 2024


Boot Barn Holdings remains committed to store expansion despite a soft second-quarter.  The retailer of Western-styled and work-related apparel and footwear opened 10 stores during its second quarter,  bringing its total store count to 371. Looking ahead, Boot Barn,
Chain Store Age’s 2023 Breakout Retailers award winner, plans to open 52 locations in 2024. In May 2022,  the company upped its long-term potential to approximately 900 stores.

 

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172-Unit Burger King Franchisee Declares Bankruptcy


Premier Kings, a 172-unit Burger King franchisee, declared bankruptcy in late October after the death of its owner created operational instability. It’s the third Burger King franchisee to enter court proceedings this year. The company was founded in 2009 by Manraj Sidhu. He started with six stores in the Birmingham, Alabama, market and expanded in 2014 with 34 more units throughout Alabama, Georgia, and Tennessee. From 2015 to 2021, 100-plus restaurants entered the portfolio in Tennessee, Florida, and South Carolina. Premier Kings earned $233.3 million and $255 million in sales in 2021 and 2020, respectively.


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By Marc Perlof • October 30, 2026
Tractor Supply Q3 sales rise 5.1%; to moderate new store openings Tractor Supply Company delivered third-quarter earnings and sales that beat analyst expectations and said it was gaining share against most categories and metrics even as its customers remain cautious. On the company’s earnings call, CEO Hal Lawton said that elevated interest rates and reduced housing mobility are weighing on property improvements and larger projects. Pet ownership headwinds, particularly new pet acquisition, continue to affect demand in certain categories...
By Marc Perlof • October 28, 2026
By Marc Perlof | @MarcRetailGuy CA #01489206 October 26, 2026 If you own retail real estate, here’s what just changed for you. A lease guaranty can become less useful if the tenant changes entities, the guaranty expires, or a later agreement releases a guarantor. That can affect your income security, refinancing options, and property value. The main owner decision is whether the guaranty still supports your planned hold, refinance, renewal, or sale. Why Should You Review a Lease Guarantee Every Few Years? Many owners review the lease when they buy the property and do not examine the guaranty again until there is a tenant problem or planned sale. During that time, the tenant may be acquired, reorganized, assigned to another entity, or operating under a guaranty that is capped, reduced, or approaching expiration. A review every few years can help you identify those issues while you still have time to respond. Annual Lease Guarantee Review Checklist 1. Confirm the Current Tenant and Every Guarantor Start with the exact legal name of the tenant currently responsible for the lease. Then identify every company or individual that signed a guaranty. Do not rely on the brand name displayed at the property. The company on the sign may not be the legal tenant or the entity supporting the rent. Confirm whether the guaranty comes from the national parent ompany, a subsidiary, an affiliate, a franchise operator, a location-specific LLC, an individual, or more than one guarantor. 2. Check What the Guaranty Covers and When It Ends A signed guaranty may not cover every lease obligation for the entire lease term. Determine whether it is full, capped, reduced over time, limited to certain lease years, or restricted to specific obligations. It may cover base rent but exclude additional rent, property expenses, repair obligations, or legal costs. Compare the guaranty term with the remaining lease term. Do not assume that a lease extension automatically extends the guaranty. 3. Review Later Documents and Ownership Changes The original lease and guaranty may have been changed by later documents. Review amendments, extensions, assignments, assumption agreements, landlord consents, estoppel certificates, ownership change notices, and any guarantor releases or replacements. A tenant may continue using the same brand while the legal tenant, ownership structure, or guarantor changes behind the scenes. When the relationship among the tenant, guarantor, parent company, and affiliates is unclear, request an organizational chart or entity structure. The chart can explain how the companies are connected, but the lease and guaranty documents still determine who is legally responsible. Qualified legal counsel should confirm unclear obligations. 4. Review the Guarantor’s Current Financial Support A guaranty is only as useful as the company or person behind it. Depending on your lease rights and the information available, review current financial information, rent payment history, operating locations, recent closures, ownership changes, and whether the guarantor still appears to own meaningful assets. The goal is not to complete a full credit analysis. It is to determine whether the support behind your rent is still consistent with what you believed when you bought the property or negotiated the lease. 5. Compare the Guaranty with Your Ownership Plan The value of a guaranty depends partly on what you plan to do with the property. If you expect to hold for several years, determine whether the guaranty lasts through your planned ownership period. If you think you are going to refinance, renew, or sell, consider whether the guaranty will still provide meaningful support at that time. You should also consider what happens if the tenant leaves. Contract rent, market rent, vacancy downtime, leasing commissions, tenant improvement costs, repairs, and replacement demand can all affect NOI, capital needs, and net sale proceeds. The central question is whether the guaranty, the underlying real estate, or both support your next major ownership decision. Owner Self Assessment Could you clearly explain who guarantees your largest tenant’s rent, what the guaranty covers, when it ends, and whether it still supports your ownership plan? Reviewing your lease guaranty every few years can help you identify income, financing, vacancy, and value risks before they limit your options. Contact me for the expanded Retail Lease Guarantee Review Checklist . It includes a more detailed document list, guarantor review questions, financial and ownership checks, vacancy and replacement cost considerations, and a one page owner summary you can use before a refinance, renewal, hold, or sale decision. Are you relying on a guaranty that will still provide meaningful support when you refinance, renew the lease, or sell the property? Based in Los Angeles. Serving Southern California. Active across California. Advising clients nationwide. #RetailRealEstate #CommercialRealEstate #RetailProperty #NetLease #LeaseGuarantee #CorporateGuarantee #TenantCredit #PropertyValue #RetailInvesting #InvestmentSales #MarcRetailGuy #MarcPerlof
By Marc Perlof • October 26, 2026
By Marc Perlof | @MarcRetailGuy CA #01489206 October 26, 2026 If you own retail real estate, here’s what just changed for you. A lease guaranty can become less useful if the tenant changes entities, the guaranty expires, or a later agreement releases a guarantor. That can affect your income security, refinancing options, and property value. The main owner decision is whether the guaranty still supports your planned hold, refinance, renewal, or sale. Why Should You Review a Lease Guarantee Every Few Years? Many owners review the lease when they buy the property and do not examine the guaranty again until there is a tenant problem or planned sale. During that time, the tenant may be acquired, reorganized, assigned to another entity, or operating under a guaranty that is capped, reduced, or approaching expiration. A review every few years can help you identify those issues while you still have time to respond. Annual Lease Guarantee Review Checklist 1. Confirm the Current Tenant and Every Guarantor Start with the exact legal name of the tenant currently responsible for the lease. Then identify every company or individual that signed a guaranty. Do not rely on the brand name displayed at the property. The company on the sign may not be the legal tenant or the entity supporting the rent. Confirm whether the guaranty comes from the national parent ompany, a subsidiary, an affiliate, a franchise operator, a location-specific LLC, an individual, or more than one guarantor. 2. Check What the Guaranty Covers and When It Ends A signed guaranty may not cover every lease obligation for the entire lease term. Determine whether it is full, capped, reduced over time, limited to certain lease years, or restricted to specific obligations. It may cover base rent but exclude additional rent, property expenses, repair obligations, or legal costs. Compare the guaranty term with the remaining lease term. Do not assume that a lease extension automatically extends the guaranty. 3. Review Later Documents and Ownership Changes The original lease and guaranty may have been changed by later documents. Review amendments, extensions, assignments, assumption agreements, landlord consents, estoppel certificates, ownership change notices, and any guarantor releases or replacements. A tenant may continue using the same brand while the legal tenant, ownership structure, or guarantor changes behind the scenes. When the relationship among the tenant, guarantor, parent company, and affiliates is unclear, request an organizational chart or entity structure. The chart can explain how the companies are connected, but the lease and guaranty documents still determine who is legally responsible. Qualified legal counsel should confirm unclear obligations. 4. Review the Guarantor’s Current Financial Support A guaranty is only as useful as the company or person behind it. Depending on your lease rights and the information available, review current financial information, rent payment history, operating locations, recent closures, ownership changes, and whether the guarantor still appears to own meaningful assets. The goal is not to complete a full credit analysis. It is to determine whether the support behind your rent is still consistent with what you believed when you bought the property or negotiated the lease. 5. Compare the Guaranty with Your Ownership Plan The value of a guaranty depends partly on what you plan to do with the property. If you expect to hold for several years, determine whether the guaranty lasts through your planned ownership period. If you think you are going to refinance, renew, or sell, consider whether the guaranty will still provide meaningful support at that time. You should also consider what happens if the tenant leaves. Contract rent, market rent, vacancy downtime, leasing commissions, tenant improvement costs, repairs, and replacement demand can all affect NOI, capital needs, and net sale proceeds. The central question is whether the guaranty, the underlying real estate, or both support your next major ownership decision. Owner Self Assessment Could you clearly explain who guarantees your largest tenant’s rent, what the guaranty covers, when it ends, and whether it still supports your ownership plan? Reviewing your lease guaranty every few years can help you identify income, financing, vacancy, and value risks before they limit your options. Contact me for the expanded Retail Lease Guarantee Review Checklist . It includes a more detailed document list, guarantor review questions, financial and ownership checks, vacancy and replacement cost considerations, and a one page owner summary you can use before a refinance, renewal, hold, or sale decision. Are you relying on a guaranty that will still provide meaningful support when you refinance, renew the lease, or sell the property? Based in Los Angeles. Serving Southern California. Active across California. Advising clients nationwide. #RetailRealEstate #CommercialRealEstate #RetailProperty #NetLease #LeaseGuarantee #CorporateGuarantee #TenantCredit #PropertyValue #RetailInvesting #InvestmentSales #MarcRetailGuy #MarcPerlof
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