How do I get prospective landlord to live up to his offer before I sign alease agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I get prospective landlord to live up to his offer before I sign alease agreement?
I am in the process of negotiating a commercial lease, the terms as list originally in the brochure “$1.75 per sq. ft. Net janitorial”, which was crossed over in red the new offer in the brochure was $7.75 per sq. ft. Full Service” according to my understand of “Full Service” that term means all inclusive, after meeting with the agent and reviewing the lease, they put a clause in for operating expenses, now I know I am not crazy the lease should read “Full Service” with out any additional charges, would I be correct? How should I proceed?
Asked on August 2, 2010 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You should bring the "brochure" and any other marketing materials, correspondence, drafts of a lease, etc. toan attorney to review them for you. IF any of them could be taken as constituting a firm offer, you may be able to hold the landlord to honoring it IF you clearly evidenced acceptance of the offer as it stood. Be aware that any number of caveats, restrictions, or "weasel words" in the materials (e.g. "as low as"--which does not guarantee that price for any particular person or unit) could preclude a firm offer being found. Also, if you counteroffered or wanted to change any terms, that would preclude an offer being found, since once you counteroffer, the original offer is rejected. However, if you feel that you were offered something sufficiently clear and unambiguous and that you evidenced acceptance of it, you may wish to have a lawyer double check your assumption, then take action, if appropriate. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.