Legal Question in Real Estate Law in New Jersey
Hi, I was opening a new business. The landlord knew what the business was. I checked with the town to see what the building was zoned for. It was zoned for retail use only. I was looking to open up a service in the space, so I wasn't sure if my service would be considered retail or not, since I was selling a service. Since I checked with the town, I asked the landlord specifically if I would be allowed to open there and get approval by the zoning board, cause I didn't think I would. He told me that my service would be allowed, and they just didn't want offices being put in there. So we were going to go ahead and do the deal. They got a higher offer, and backed out. A couple weeks later they called me back asking me if I was still interested cause it didn't work out with the other person. I told them yes, but are they sure I would be approved by the zoning board. They again said yes. Needless to say I signed the contract, and gave two months security deposit. When I went to get it approved by the zoning board the town turned me down. I want to get my money back. The contract did say in it that the landlords weren't responsible for any zoning problems and stuff. But I only signed it based on what they said. Am I entitled to any money back? Thanks guys
2 Answers from Attorneys
You have a real problem here, and you should talk it over with an attorney. I see you are in Oakland. I am the attorney for the Franklin Lakes Zoning Board of Adjustment.
Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
It's unfortunate that you did not consult a lawyer before you applied to the zoning board. It is very possible that the zoning board has no authority to either grant or turn down such an application. Now, you have a decision that will have to be overturned in order to move forward. Additionally, a lawyer would have included a clause in the lease that would have made the tenancy voidable if you could not use the property as intended. Did you ensure that the intended use was included in the lease? There is not much that you will be able to do without having a lawyer review the documents and ordinances and assess your options. So, find a good one in your area and make an appointment.
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