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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 19662
Experience:  Attorney
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hi, i just brought a business from a owner, who had plan to

Customer Question

hi, i just brought a business from a owner, who had plan to sell to someone else, but the other pull out of the deal. with the owner of the business, and went straight to the landlord and made a deal with the landlord. i have a sign business contract with the owner, what is my right to get the landlord to sign a lease with me and not the other person.
Submitted: 3 years ago.
Category: Business Law
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today.

Was the original lease still in effect when this happened?
Did the other owner lease the property in the name of the business, or in his own name?
Customer: replied 3 years ago.
yes the lease was still in effect, and the owner lease the property in the name of the business, but he put in a 30 day notice with the expection that the other guy was going to buy the business. but the other guy pull out of the deal. and went straight to the landlord, the business owner origninal lease agreement, was sign until janurary of 2012.
Expert:  Lucy, Esq. replied 3 years ago.
If the original business owner gave notice that he's terminating the lease, then, unfortunately, you don't have any legal right to rent the property. The landlord is free to lease that property to whomever he wants, and there's no law stopping the other guy from leasing the premises. Take a look at the contract for the sale of the business - if it includes the lease as part of what you are buying, then the seller breached the contract by terminating the lease without consulting you first. After all, the lease is in the name of the business, and you now own the business. In that case, you may be able to recover damages from him. If it doesn't, you can try to offer the other guy money to cancel the lease so you can take it over, but he wouldn't have any legal obligation to do that.

I understand that you may be disappointed by this Answer, as it is not favorable to your situation. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.

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