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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45533
Experience:  Attorney with 29 years of experience.
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Hello, my name is XXXXX XXXXX I am a hail storm chaser. I signed

Customer Question

Hello, my name is XXXXX XXXXX X am a hail storm chaser. I signed a contract with a
Lanlord yesterday for a office and wear house space. We both signed and I gave him
A check for 3000$. He was suppose to cash the check this morning, and then call me to give me the keys. Instead he calls me and tells that he got a better offer, and the deal was
Off. Can he do this?
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.

Welcome to JA! I will do my best to help you. Please be aware, however, that I am only able to provide information and cannot offer specific advice!

 

Good morning. The landlord and lawyer are not going to prevail in this situation. Once the contract was signed and a tenant tenders payment, there is full accord and satisfaction and thus a binding contract. The landlord would then be in default if the landlord then enters into another contract for the same space. The aggrieved tenant can sue the landlord for damages and/or specific performance and will prevail based on these facts.

 

I hope this has given you information that has been helpful to you. If the information seems more general than specific, please be aware that we are only allowed to provide information and not specific advice. If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break. If you need additional clarification on this question, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you. Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 2 years ago.
Even though he did not cash the check
Expert:  Richard replied 2 years ago.
It makes no difference that the check was not cashed as long as you tendered it. The landlord then does not get to unilaterally terminate the agreement by deciding not to cash it.

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