Real Estate Law
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Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Before I answer some additional details would be helpful please.
Was the agreement made a part of the lease? Did the new owner purchase the actual obligation and liabilities of the business or just its assets?
Are you online with me?
Thank you for the additional information.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, without a written agreement with the landlord, it cannot be treated as an addendum. Likewise any "silent" agreements between the prior and new owner would not be binding.
You are going to need to come up with a new agreement to determine the allocation. The agreement you had with the prior owner is not binding on an asset purchaser.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.