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You are the regional manager for Brims, one of the fastest - growing chains of coffee shops in the UK . Three months ago, one
You are the regional manager for Brims, one of the fastestgrowing chains of coffee shops in the UK Three months ago, one of your colleagues orchestrated the purchase of property in the resort community of Bridport, with the goal of building and operating a new Brims outlet as soon as possible. You believe that Bridport is extremely promising as a new market for Brims its popularity is growing year round, and you would face no competition from other Brims outlets. Yet, your task today is to negotiate the sale of this parcel. Your building permit has been formally challenged by the owner of the Easterly, a bedandbreakfast inn located adjacent to the parcel. The owner contends that the lot is unbuildable, due to a deed restriction dating from the s The deed restriction states that the lot in question should only be used for residential purposes unless given permission otherwise from the surrounding lots. Your corporate lawyers and outside experts have advised that you have a strong case. They have argued that that the deed restriction should be thrown out or modified to allow for the new store. After all, they point out that there have been significant changes in the neighborhood since which should render the restriction obsolete. It was under this understanding that your colleague purchased this land. However, now that the Easterly owner has brought the challenge, your lawyers have begun to retreat a little. While they are confident that the deed restriction does protect the lot for residential uses, they admit there may be a little ambiguity about whether commercial users are also guaranteed. This is the specific point that the Easterly owner has raised. In spite of this, lawyers still say you have an chance of being vindicated, if this issue goes to trial and is appealed. Even so this opinion gives you little comfort. You simply cant wait months or years to open the shop. Unless the owner of the Easterly is willing to drop the challenge to the building permit now, you must get rid of this parcel at any price you can, and move quickly to acquire and develop another site. Luckily, somebody else from Brims was responsible for buying the parcel next to the Easterly, so anything you can do to untangle this mess will be beneficial. Its hard to know whats motivating the Easterly owner. The Easterly is a bedandbreakfast inn, but it seems unlikely that Brims operation would cut into its business. It may be that the owner is concerned that your structure will interfere with the inns view of the harbor. Now, a meeting is about to take place. In the best of all worlds, perhaps you can persuade them to drop their legal challenges although you may not offer to pay them for doing so The most realistic option seems to be to sell the parcel to the Easterly owner before you both invest too much money and time in regulatory and legal expenses. Indeed, you have already identified an alternate site for your shop that is equally attractive, though somewhat more expensive. As a result, if you do sell the parcel to the Easterly owner, you want to get as good a price as possible. Brims originally paid for the lot, a great deal at the time, and has since invested another in associated costs. You were not involved in the original purchase, so anything you can do to untangle this mess will be to your credit. Your team of lawyers is confident that the lot is legal for residential purposes, even if you lose the suit over commercial use. And Brims has estimated the current residential value of the lot at around give or take The cost of going to court with Easterly would be around in legal fees, with subsequent appeals costing more, and the larger cost to Brims being the lost time and profits from not having a new shop up and running for months or years. The alternative site you have identified will cost but you would much prefer to sell this lot and be able to start development at the alternative site immediately. Remember, your objective is to sell the land at the highest price possible. For the sake of this simulation, please do not introduce other issues or terms. Simply try to reach agreement on price. Your respective lawyers will handle the legal technicalities, and you will arrange your own financing.
Outline your strategy for this upcoming negotiation. Note specifically the principles that will influence what you do and say as you try to reach agreement. Note, as well, what you will try to avoid doing.
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