Legal Question in Civil Litigation in Washington

Lease Agreements

I purchased a bar. There were 3 leases involved: cash registers, stero equipment and building lease. Of the 3 leases only the landlord came in to sign the trasfer of the lease for the building. The other 2 did not. Since the other 2 did not come in and sign an agreement as a part of my purchase agreement and closing paperwork, am I obligated to assume the leases? I did not get a copy of any written consent as part of the closing paperwork. Shouldn't a copy of the written consent form between prior owner and cash register owner been included in my closing paperwork to ensure he had authorization to transfer the ''lease to own'' to me? It was mandated the landlord's written consent to transfer the building lease was included in the closing paperwork. Should I have signed something with the ''cash register owner'' to accept the transfer of the lease?


Asked on 7/05/08, 7:48 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

Re: Lease Agreements

I would need to see your purchase and sale agreement for the business to know whether you are obligated to assume the leases. If there is no language addressing this topic, my inclination is to say no, and that the seller is obligated. On the other hand, if you don't assume these leases (and I am not sure why you would not want to, since I presume you need this equipment to run the place) then the seller or the bar or owner of the leases for each item may repossess the register and stereo.

It sounds as if you either made this purchase without a lawyer to go over everything or perhaps if you had an attorney, that person for some reason did not go through these particular issues carefully enough.

Again, I am not sure what the problem with the cash register and stereo are at this point, but assuming they work and are to your satisfaction, I am not sure why you would not want to assume these leases. Either way, to better help you, I suggest that you at least hire an attorney to review your purchase and sale agreement and advise you accordingly about your rights and duties.

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Answered on 7/05/08, 8:10 pm


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