Legal Question in Real Estate Law in California
misleading information/negligent representation
I recently signed a five year lease on a commercial property to start my furniture business. After i signed the lease i found out the location had termites(which the management company was aware of) and was not disclosed to me, also the square footage which i was told on my lease was significantly off by over 100 sq ft. After signing the lease i found a flyer which my agent had made with the real square footage. I asked the landlord to terminate the lease and he declined. What are my rights? Thanks..
1 Answer from Attorneys
Re: misleading information/negligent representation
My guess is that you are entitled to a rent abatement or adjustment to the extent the square footage is less than you contracted for, but not on account of the termites. If there were a failure to disclose where a duty existed, or deliberate fraud on the square footage, there may be an action for same, but it doesn't sound like it. Ultimately it may depend upon the extent of the termite infestation and whether it can be abated or controlled. If you feel you have a case seek a free consultation with a local real estate attorney who can look at the lease, the promotional material and the physical premises in person and advise you.
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