Thank you, Y.
On this website, I do not always get to give good news, and this is one of these times.
The lease itself likely cannot be broken. Unlike residential leases
which allow the tenant many rights and warranties
under the lease, commercial tenancies do not have these rights/warranties. The commercial tenancy is basically a contract - a very simply contract - between tenant and landlord. Unless the lease specifies directly, the landlord does not have to provide the property in a way specific to the tenant's business needs. Nothing is guaranteed.
As such, the lease may not be walked away from, in most cases, unless the landlord allows it.
However, one can likely pursue the broker. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment
," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, this may be a cause for negligence
. he elements of a negligence cause of action are a duty, a breach of that duty, and damages
proximately caused by the breach of duty. Greater Houston Transp. Co. v. Phillips, 801 S.W.2d 523, 525 (Tex. 1990); El Chico Corp. v. Poole, 732 S.W.2d 306, 311 (Tex.1987).
Here, one could argue that the broker KNEW of the requirements the tenant had, but, disregarded them and did not do as a regular broker would do in this situation to advise the tenant, and instead, pushed the tenant into the lease knowing full well it would cost the tenant a LOT more money than the tenant was telling the broker they were willing to put up.
This is a subjective matter, then decided on a case by case basis.
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