Texas Finance Master Lease Agreement
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FAQ
Make no mistake, one can still do a lease-option in Texas, but many requirements now exist that did not apply before 2005. Property Code Sections 5.069 and 5.070 contain a number of these requirements, which must be met before the executory contract is signed by the purchaser (i.e., before and not at closing):
To be contrasted with a lease contract for a single transaction involving a specific unit of equipment, a Master Lease is essentially a line of credit to draw from over time in order to purchase equipment.
A master lease is a continuing lease arrangement, preferred by customers who anticipate multiple installations over a sustained period of time. This arrangement allows the customer to sign a single agreement and make one agreed payment, instead of several agreements, with several separate payments.
A master lease agreement is legal document where you lease an income-producing property as a single tenant-landlord and sublease to two or more tenants to produce income. One common example are shopping malls, which have many stores renting space from one landlord.
You receive all profits, i.e., net cash flows after subtracting the regular lease payments and expenses. The buyer receives all tax benefits from the property. You are responsible for managing and maintaining the property, including paying utility bills, annual insurance premiums and property taxes.
There are different types of leases, but the most common types are absolute net lease, triple net lease, modified gross lease, and full-service lease. Tenants and proprietors need to understand them fully before signing a lease agreement.
Traditional master leasing is a third-party leasing strategy in which an agency becomes the primary leaseholder and leases individual units, a subset of units in a single building, or all units in an entire building. The agency then subleases to the secondary tenant.
