Is there laws protecting commercial tenants from Misrepresentation?

Asked over 4 years ago - Sarasota, FL

We signed a lease on a commercial space to build a factory. The electric was not available to bring into the building as it was represented prior toyty lease signing. . We were forced to leave. Landlord sued for the lease. Isnt there a law that can support a contract being deemed null and void due to a lack of suitability? Is there case law....??? -

Attorney answers (1)

  1. Robert John Murillo

    Contributor Level 20

    Answered . As for commercial leases, I don’t know of any state that has an implied warranty of suitability. Florida could be different. Additionally, most commercial leases will expressly disclaim any forms of warranties or representations on suitability. As a general rule, if something was important to the tenant they should have provided that as an express term to the lease. If it is not in the lease there could be problems.

    You post states that there was some representation by the landlord. Were there witnesses to this claim? Why wasn’t this representation made a part of the written lease? Did you have an attorney review the lease? Does the lease have an entire agreement clause that disclaims any prior oral or written agreement, warranty or representation? You said the landlord “sued” for the lease. Do you mean that you were just served or has the suit already resulted in a judgment?

    Ultimately, to have an idea of your rights and options will require a review of the entire lease, any other relevant documents and more facts. If you were served, you need to contact a local litigator to prepare the defense.

    DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney-client relationship. For legal advice, you should retain an attorney.

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