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Richard, Attorney
Category: Business Law
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Experience:  32 years of experience practicing law and a businessman.
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I have a shopping center lease. My business is frozen yogurt

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I have a shopping center lease. My business is frozen yogurt store. My lease does not explicitly specify that there will be no other tenants selling frozen yogurts. But it does say that I can only sell frozen yogurts. The owner promised that he will not let any other tenants sell frozen yogurts verbally. He said he will make sure of it and told us it is not necessary to do so. And we didn't. Big mistake. Now 6 months into the lease, he is letting other tenants sell frozen yogurts. A coffee cafe, two doors down from my store is selling frozen yogurts and it has killed our business. We complained to the shopping center owner and he now says since my lease does not have exclusive only one kind clause in the lease, it is ok for all others to sell frozen yogurts. This is morally wrong, but I think I might be doomed. My question is since the lease specifies that I can only sell frozen yogurts only, nothing else, doesn't that imply that no other tenants can sell frozen yogurts? Can I do something legally?
Submitted: 6 years ago.
Category: Business Law
Expert:  Richard replied 6 years ago.

Good evening. I am so sorry for your situation. Your landlord obviously took advantage of you, but unfortunately verbal arrangements are not binding in real estate transactions. The fact that you can only sell yogurt will not give rise to the legal implication that no one else can sell frozen yogurt. I wish I could give you happier news!



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