We like to keep
This is a clear aligner.
It straightens teeth.
You can get as many
(or as few) as you like for
$95 plus $30 per aligner.
We call that Flex.
What could be simpler?
Unlimited, that’s what.
$1495 covers all the aligners
(and retainers) you want
for fve full years.
Treat any case, either way.
THE REAL ESTATE
If Dr. Senior or Dr. Senior’s spouse owns the practice real estate,
Dr. Senior may desire to retain 100% ownership. However, maybe
Dr. Junior should own a pro rata percentage of the real estate equal
to the percentage of the practice being purchased. The rationale is
that if Dr. Junior is a partial real estate owner, Dr. Junior has “golden
handcuffs” to an extent and is less likely to leave the practice. In
addition, the real estate ownership for Dr. Junior provides Dr. Senior
with the remaining real estate buyout when Dr. Senior retires. It is
also a matter of fairness to allow Dr. Junior to share in the real estate
profit. The hurdle for Dr. Junior is to obtain a 20% down payment,
as the real estate interest is typically payable in cash but can also
be financed by Dr. Senior.
There may be an option or right of first refusal for Dr. Junior to
purchase an interest in the real estate or a 100% requirement at
some point. The purchase price is determined by a mutually
agreed-upon commercial real estate appraiser with Member Appraisal Institute (MAI) credentials. If the parties cannot agree upon
an appraiser, each party selects an appraiser, and the appraisals are
averaged. If the appraisals are more than a specified percentage
apart (e.g., 10%), each appraiser selects a third appraiser whose appraisal is final and binding. Should Dr. Senior desire to accept an
offer to purchase the real estate, Dr. Junior should be given a right
of first refusal to match the offer within a short time period.
If the real estate interest is not offered to Dr. Junior, there should
be a lease in place with a sufficient term and renewal options for
the owners to continue to practice in the same facility. It is very
difficult for Dr. Senior and unfair to Dr. Junior to increase the rent
when Dr. Junior has just been admitted as an owner of the
Dealing with all aspects of practice operations correspondingly
decreases the risk of an expensive, time-consuming, and emotional
1. Statutory close corporations permitted in some states. https://www.bizfilings.
com/toolkit/research-topics/running-your-business/statutory-close-corporations-permitted-in-some-states. Accessed February 16, 2017.
WILLIAM P. PRESCOTT, Esq., EMBA, of WHP in
Avon, Ohio, is a practice transition and tax attorney and a
former dental equipment and supply representative. For
Mr. Prescott’s publications and course materials, see
PrescottDentalLaw.com. Mr. Prescott can be contacted at
(440) 695-8067 or
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