Legal Question in Real Estate Law in California
transfer of lease
does a lease where the business was carried automatically transfer when an unincorparated business is sold?
Asked on 3/10/08, 11:37 pm
2 Answers from Attorneys
Judith Deming
Deming & Associates
Re: transfer of lease
No. The purchaser of a business needs to enter into an assumption of the lease with the lessor, and depending upon the terms of the lease, it may not or may not be possible.
Answered on 3/11/08, 11:27 am
Mitchell Roth
MW Roth, Professional Law Corporation
Re: transfer of lease
No. The lease has to be assigned and whether it can be assigned and under what conditions may be restricted by the terms of the lease.
Answered on 3/11/08, 5:56 pm
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