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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102162
Experience:  Attorney
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Good Morning!I'm in need of a read thru building

Customer Question

Good Morning!
I'm in need of a read thru for a building lease. I signed as a tenant; however, I'm not a part of tenant company. I may be contact via email ************* or phone *********
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Please upload the lease if you'd like a general look over. You can now (1) reply back and talk with me or (2) use this as a "spring board" to request a phone call. If you want to request a phone call, you can. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and they may agree to the call. They will also have your question and my replies to build upon, so nothing will be lost.
Customer: replied 1 year ago.
Copy of lease attached. I'm not a part of Axess, only independent contractor withOUT a contract. I would like to get out of lease.
Customer: replied 1 year ago.
Thank you in advance!
Expert:  Ely replied 1 year ago.
1) What do you mean you are not part of Axess? The lease's tenant is listed as Axess. Do you work under Axess' name?2) Did you sign the lease?3) Did you sign the personal guarantee?4) What is the reason for wanting to get out of the lease?
Customer: replied 1 year ago.
I'm not an employee or affiliated with Axess; it's the brokerage only.
I signed lease as an individual not realizing what I was signing for.
I did sign personal guarantee.
I'm choosing to work with other brokerage as this hasn't been successful or profitable for my business
Expert:  Ely replied 1 year ago.
Thank you. I an not sure what you mean by, "I'm not an employee or affiliated with Axess; it's the brokerage only." Please explain this more in detail. And did the company Axess know that you signed this lease at the time of signing? At the time, what was your relation to Axess?
Customer: replied 1 year ago.
I'm affiliated with Axess As my licensed broker. We don't have a signed contract in place stating a connection, realtors work as independent contractors only. Axess does know I signed lease and I will be contacting them for release. It's important to me I know my rights prior to that discussion.
Expert:  Ely replied 1 year ago.
No. I need to know if Axess was okay with you signing that lease on their behalf as their informal agent, i.e. did they know and approve of this being done AT THE TIME?
Customer: replied 1 year ago.
Axess also signed first
Expert:  Ely replied 1 year ago.
That does not answer my question. I need to know if Axess was okay with you signing that lease on their behalf as their informal agent, i.e. did they know and approve of this being done AT THE TIME of the document being signed?
Customer: replied 1 year ago.
They are and were aware of me signing. Axess also signed at the same time. Yes, they agreed. Not sure why that makes me an informal agent when they were present.
Expert:  Ely replied 1 year ago.
From the facts you have provided, it sounds like: 1) You signed as the AGENT for Axess, meaning that Axess is the actual tenant, but2) You also provided a personal guarantee, meaning that you personally are liable if the lease is broken by Axess. I am sorry to say that "I did not understand" is simply not a good affirmative defense. If you signed it, it is presumed that you understood what you were signing at the time. Your signature binds you. Agency can be binding in three ways. They are:EXPRESS AGENCY - the agent has actual authority from the principal. Example is the power of attorney from above.IMPLIED AGENCY - the agent has implied authority from the principal. An example would be an director or officer of a company - while they are not expressly representing the company, it is implied they are, and anything they sign would be binding unto the company.APPARENT AGENCY - that there was apparent authority. Example is if you walked into a store, and asked how much an item is. A person who worked there told you $40 and rang you up for $40. Later you find out that the item was actually $150, and the employee did not even have the right to ring you up. Regardless, they had apparent authority to you, and the price quoted by the employee with the apparent agency is binding upon the business. So yes, you were arguably an agent. So the company is bound to the lease (by you as agent), but also you yourself via personal guarantee. Unless the landlord agrees to release you from the contract, the landlord may pursue you personally for breach of lease by Axcess. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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