If my counter-offer regarding a lease was accepted can an other offer be submitted?

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If my counter-offer regarding a lease was accepted can an other offer be submitted?

I made an offer on an office space, which was counter-offered and I accepted the counter-offer. This was completed 5 days ago. When I called the broker today to arrange time to sign the lease, he informed me that another offer was made (which obviously exceeded mine). He offered to show me the written offer and suggested that I needed to offer in excess of $200 more monthly if I wanted the space. I am assuming there was a written offer made on my behalf, but I don’t know. Are the broker’s and the landlord’s actions legal?

Asked on August 1, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your counter offer to the landlord for a commercial lease was accepted as written, then you and the landlord are in contract for the space you want. Do you have the signed counter offer you made from the landlord dated and signed by him or her? If not, you need to have a copy sent to you right away in that it appears that the broker for the landlord is leading you on in "bidding" against yourself for the commercial space you want.

Unless you have a signed counter offer with your and the landlord's signatures on the docuyment, you do not have a binding agreement to rent the commercial space you want. If you are in contract with the landlord for the space desired and he or she enters into another subsequent contract with another person for the same space (which the landlord can do), the landlord has a big problem agreeing to rent the same space to two different people for the same time period. If your contract was enetered into first, you should be entitled to possession of the desired space.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your counter offer to the landlord for a commercial lease was accepted as written, then you and the landlord are in contract for the space you want. Do you have the signed counter offer you made from the landlord dated and signed by him or her? If not, you need to have a copy sent to you right away in that it appears that the broker for the landlord is leading you on in "bidding" against yourself for the commercial space you want.

Unless you have a signed counter offer with your and the landlord's signatures on the docuyment, you do not have a binding agreement to rent the commercial space you want. If you are in contract with the landlord for the space desired and he or she enters into another subsequent contract with another person for the same space (which the landlord can do), the landlord has a big problem agreeing to rent the same space to two different people for the same time period. If your contract was enetered into first, you should be entitled to possession of the desired space.


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