Negotiate Mutually Beneficial Confidentiality Promise

Audits can help you uncover any discrepancies in what you’re collecting in percentage or other types of additional rent, so it might seem as if they’re always positive. But conducting an audit in a way that harms a tenant can leave you open to claims. It’s not unusual for a tenant, especially large retailers or tenants with competitors, to ask you to promise to keep any sales or business information you uncover when auditing their gross sales private. Confidentiality can help avoid having this information fall into the hands of a competitor.