"Rights" or "Goodwill" on business space

**sean-archer** · July 15th, 2020 09:01 PM

Excuse me for being ignorant sa area na to, I'm eyeing for a business space kase sa paalis na na tenant sa building (20sqm), humihingi ngayon yung tenant sa akin ng 150k para daw sa rights or goodwill para makuha ko. Tatlo daw kami na inofferan nya ng ganun. I don't understand. Diba ang kausap ko lang dapat as tenant is the landlord or lessor? What the hck is that 150k for?

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**oj88** · July 15th, 2020 09:17 PM

Sorry, I don’t know much about this as well. However, why are you negotiating with the tenant? Shouldn’t you be talking to the property owner?

O ang plano ng tenant is to sub-let it to you?

**yebo** · July 15th, 2020 09:42 PM

Kung may existing lease contract siya tapos i-sublet nya sa iyo pwede yan. 3 kayo naghintay sa "rights"? BS! I'd call that bluff in less than a second!

Talk direct with the landlord. In most cases there will be a prohibition in the lease contract that will not allow a sublease.

**Sarsi** · July 15th, 2020 10:10 PM

Goodwill for what? Hehe

Baka may existing contract pa sya sa landlord, if meron, check with them kung allowed ba sya magpa sub-lease, nasa lease contract dapat yun, if not, stay away.

If allowed naman sya magpa sub-lease, your call if you will give in sa demand nya, but if i were in your shoes, i will not.

**shadow** · July 15th, 2020 10:11 PM

Lugi na nga gusto pa kumita. Sampalin mo

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**sean-archer** · July 15th, 2020 10:15 PM

Thanks for the inputs, and yes kasama yung kay sir shadow hehe , sinisindak yata ako nung tenant. I'll be talking to the landlord tomorrow. It helps may mga ideas ako.

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**dr. d** · July 15th, 2020 11:06 PM

Originally Posted by sean-archer

Excuse me for being ignorant sa area na to, I'm eyeing for a business space kase sa paalis na na tenant sa building (20sqm), humihingi ngayon yung tenant sa akin ng 150k para daw sa rights or goodwill para makuha ko. Tatlo daw kami na inofferan nya ng ganun. I don't understand. Diba ang kausap ko lang dapat as tenant is the landlord or lessor? What the hck is that 150k for?

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yes, you should be talking to the real owner.

**Walter** · July 16th, 2020 11:35 AM

Good will payment applies in situations where you are interested in a location and there is an existing tenant with good customer base ... this is assuming you are going to open the same line of business ... sort of a "good will" for instant customer base plus the improvements to the property / space ...

But if that business is closing or not interested in renewing their lease contract then there is no need for "good will" payment ... it's not like the tenant gets to decide who leases the space after they leave ... and if the tenant still has not completed the contract and wants to leave already, maybe it's them that needs to pay you "good will" so that they won't be cited for breach of contract ...

**dr. d** · July 16th, 2020 01:29 PM

ang intindi ko sa "rights only",
is if the property in question is owned by the government or someone else, who is not into direct control of the situation.
"rights" money kinda ensures that the giver is the next occupant.
it's an agreement that the rest of the neighbors understand and honor. usually.

**yebo** · July 17th, 2020 11:10 PM

Originally Posted by dr. d

ang intindi ko sa "rights only",
is if the property in question is owned by the government or someone else, who is not into direct control of the situation.
"rights" money kinda ensures that the giver is the next occupant.
it's an agreement that the rest of the neighbors understand and honor. usually.

That is another of those so-called rights, yung right sa squater. I think it has no legal basis. Parang syndicate lang ito, na walang iba mag-squat.

Another is on homestead land, when the land is not yet awarded by the government to the homesteader and the "right" is being sold. I doubt if this is valid because a homestead can only be awarded to the original applicant.