Legal Question in Real Estate Law in California

Commercial Propert

when is a commercial agreement binding? My dad signed the lease on 12/26/08 - the landlord signed on 01/19/09 - we just got the lease and now the real estate person is telling us that what is in the shop is going to be removed. the lease states AS IS. What do you think?


Asked on 1/22/09, 8:02 pm

2 Answers from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Commercial Propert

In general, unless the lease provides that fixtures, furnishings and equipment stay with the premises, the landlord does not deliver them.

Furnishings and equipment are considered personal property and thus do not pass with a transfer of real property or an interest in real property.

Fixtures are a bit dicey, and it depends upon the nature of the fixture as to whether it would normally pass with the transfer.

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Answered on 1/22/09, 8:31 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Commercial Propert

I would take some photographs of what is there, document everything you expected from the agreement, and then hire an attorney to address the issue before they actually remove the stuff. it depends on a lot of factors, such as the nature of the business, the discussions, your expectations, and others. The fixture rule may or may not apply. let me know if you want my help.

Best,

Daniel Bakondi, Esq.

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Answered on 1/22/09, 9:24 pm


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