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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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Just signed a commercial lease space in Irvine

Customer Question

Just signed a commercial lease for industrial space in Irvine ,California. The landlord and agent were adament thet the electrical power was of the type that would run the companys new modern machine. The power is of the Delta three phase type and this we sis not know. The simply called it hot leg pwer. It is not legal in new construction and will not work for our machines. Landlord says go pound sand , no lease terminationm. Options?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Did the landlord expressly state that the electrical service would be adequate and up to code to run your machines?.Do you have any proof of this? (i.e. texts, emails, letters, messages, etc.).Did you rely on these statements when you entered into the lease agreement?..thanksBarrister
Expert:  Barrister replied 6 months ago.
If you relied on the landlord's representation that the electric would be adequate and usable for your specific machines, and it isn't, then you could terminate the lease based on either misrepresentation and fraud if the landlord intentionally lied or under the doctrine of "mutual mistake" if they were accidentally wrong..When you made it clear that you needed electric to run your machines, and the landlord insisted that the building had adequate service, then that is a material fact that induced you into signing the lease. If this wasn't the case, you wouldn't have signed the lease..Now should you have had an electrician out to make sure....probably. But if the agent and landlord assured you it was fine, and you relied on that, then there was no "meeting of the minds" so as to make a legally binding contract. You thought that there was adequate service, the landlord either lied or was ignorant that it wasn't, so the entire contract fails because one of the main foundations that the lease was based on was incorrect..Will the landlord lie and say that they never said anything about the electric?...probably. And the agent will lie as well. So if he tried to sue you for breach, you would have to prove to a judge that you relied on the landlord's assurances that it would work and that he was either mistaken or intentionally lied to get you to sign the lease. This is called fraudulent inducement and can allow you to avoid the contract...thanksBarrister

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