DISCLAIMER & ADVICE TO USERS
Each purchaser of Shopping Center DealMaker's Handbook® or its forms is granted a license to use its digital "deal-making" forms.
IMPORTANT DISCLAIMER AND ADVISORY TO USERS
Shopping Center DealMaker’s Handbook® is a unique sourcebook of letters of intent and other preliminary or informal forms of agreement for the shopping center industry. The book is designed to be used as a starting point for negotiation, a source of “editable” sample drafts, and a stimulus to creative deal making.
But there are certain important limitations on the uses of Shopping Center DealMaker’s Handbook®, and the user is strongly cautioned to be mindful of these limitations before using the book or its digital forms.
Who Should Use Shopping Center DealMaker’s Handbook®?
Shopping Center DealMaker’s Handbook® and its digital forms consist of materials designed to be used as a practical resource by the seasoned shopping center developer, owner, tenant, broker, leasing agent, asset manager, equity partner, or other industry professional and their attorneys.
Only a knowledgeable and experienced user should attempt to make use of these materials—and we strongly recommend that even the sophisticated user should consult an attorney or other professional advisor before using these materials.
The goal of Shopping Center DealMaker’s Handbook® is to stimulate creative deal making, not to take the place of legal or financial advice from a professional advisor.
Please keep all of the following important points in mind when using Shopping Center DealMaker’s Handbook®!
Do Not Use the Forms in Shopping Center DealMaker’s Handbook® in Place of Seeking Legal Advice
The materials contained in Shopping Center DealMaker’s Handbook® are intended to foster and improve the deal maker’s ability to conceive and articulate innovative deal structures that successfully meet the challenges of everyday circumstances. Thus, the forms you will find here are based on hypothetical, factual contexts, and the forms are offered as examples of a wide variety of conceivable deal structures. Read the book's text; important comments precede each form in the book.
By their very shorthand nature, these forms cannot cover all the issues that may arise in an actual deal, and the forms do not cover each issue in detail. The forms have been edited and shortened to serve as illustrative examples, not as finished legal forms.
The author and the publisher are not engaged in rendering legal or financial advice, and the book is not intended to take the place of the services of a lawyer, accountant, or other professional. If you are looking for legal advice backed by a guarantee, consult a lawyer of your own choosing.
The user should not make use of any of these forms as a binding agreement in actual deals without first seeking appropriate legal and financial advice from a professional advisor!
Special Advisory to Attorneys
If you are an attorney or other professional who wishes to refer to Shopping Center DealMaker’s Handbook® or its digital forms in drafting transactional documents, you must carefully review these materials and make necessary revisions and modifications before using them for an actual transaction.
Please bear in mind that this is the second edition of Shopping Center DealMaker’s Handbook®. This publication is not routinely updated to take note of changes in cases, statutes, regulations, or other applicable laws. Therefore, an attorney should not rely on Shopping Center DealMaker’s Handbook® in place of legal research, analysis, and drafting of documents.
Be Mindful of the Limited Function of a Letter of Intent
A letter of intent is, by its very nature, a succinct statement of the deal points of a given transaction. Typically, a letter of intent is used as a proposal or a starting point for negotiation, or as a confirmation of a preliminary agreement.
A letter of intent is not designed as a final binding agreement, and the forms in Shopping Center DealMaker’s Handbook® should not be used or abstracted for that purpose.
Each of the individual clauses in a letter of intent must be fleshed out and formalized to create a finished proposal or letter of intent, and it is not unusual for a short letter of intent to be expanded into a multi-page legal document by attorneys, accountants, and other professional advisors.
The user will note that each of the forms includes a statement of the non-binding nature of the letter of intent. It is very important to speak and behave with this point clearly in mind and to refrain from any words or conduct that may be interpreted otherwise.
Nevertheless, there is a real danger that a letter of intent may be regarded as a binding legal agreement by one or both of the parties, which makes it especially important to seek professional advice before making use of these forms in any manner.
Other Sources of Information and Advice Are Available
The forms and other materials in Shopping Center DealMaker’s Handbook® are based on information obtained from sources believed to be reliable, but their accuracy and completeness cannot be guaranteed. Despite the best efforts of author and publisher, the book may contain mistakes, and the reader should use the book only as a general guide, not as the ultimate source of information and advice about deal making. Specific prices, percentages or monetary amounts within a given form merely illustrate the form’s use and should not be relied upon as evidence of current market conditions.
The book is not intended to reprint all of the information available to the author or publisher on the subject, but rather to simplify, complement, and supplement other available sources. The reader is encouraged to read all available material and to learn as much as possible about the subject.
No Warranties Are Made by Author or Publisher
By purchasing the book, you acquire a right to use the digital forms solely in the user's real estate transactions and with no right to publish, sell or transfer any of this product's digital forms to any third party.
Shopping Center DealMaker’s Handbook® is sold and its digital forms licensed without warranties of any kind, express or implied, and both the author and publisher disclaim any liability, loss, or damage caused by the materials contained in this book or the digital forms.
This is a software product. Once purchased, Shopping Center DealMaker’s Handbook® is not returnable and no refunds will be made by its publisher, Business Source Publishing Co.®, or any of its agents. Please note that the Handbook® is printed in five locations throughout the world and the printer is not able to send the digital with the book. Purchasers will receive the digital forms by email from Business Source Publishing Co (unless they order the forms on CD instead). See www.ShoppingCenterDealmakersHandbook.com.
A Note about Unauthorized Copying
This work was produced from a commitment to the shopping center industry at large. This book and its digital forms took years to produce. We believe this to be a valuable resource at a reasonable price. Please use the materials in accordance with the License and avoid the temptation to violate copyright laws by copying this work for others. Only if this second edition is a commercial success can this resource be improved and updated for the benefit of industry professionals. Thank you for your cooperation.
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