How do I get prospective landlord to live up to his offer before I sign alease agreement?

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How do I get prospective landlord to live up to his offer before I sign alease agreement?

I am in the process of negotiating a commercial lease, the terms as list originally in the brochure “$1.75 per sq. ft. Net janitorial”, which was crossed over in red the new offer in the brochure was $7.75 per sq. ft. Full Service” according to my understand of “Full Service” that term means all inclusive, after meeting with the agent and reviewing the lease, they put a clause in for operating expenses, now I know I am not crazy the lease should read “Full Service” with out any additional charges, would I be correct? How should I proceed?

Asked on August 2, 2010 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should bring the "brochure" and any other marketing materials, correspondence, drafts of a lease, etc. toan attorney to review them for you. IF any of them could be taken as constituting a firm offer, you may be able to hold the landlord to honoring it IF you clearly evidenced acceptance of the offer as it stood. Be aware that any number of caveats, restrictions, or "weasel words" in the materials (e.g. "as low as"--which does not guarantee that price for any particular person or unit) could preclude a firm offer being found. Also, if you counteroffered or wanted to change any terms, that would preclude an offer being found, since once you counteroffer, the original offer is rejected. However, if you feel that you were offered something sufficiently clear and unambiguous and that you evidenced acceptance of it, you may wish to have a lawyer double check your assumption, then take action, if appropriate. Good luck.


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