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We leased a restaurant where everything was not to code but was stated as such in the ad. What can we sue for?

Fountain Hills, AZ |

non commercial water heater not to code
kitchen area not to code
bathrooms not to code
bar not to code
Owner will not put in handicap access ramp or new city required building upgrades
Restaurant was listed as being to code and turn key. Six months later and many of thousands of dollars down the drain, we still can not get the owner to make things right.

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Attorney answers 2


You should talk to an Arizona attorney about using litigation to enforce your rights. The main thing you would sue for in something like this is breach of contract, assuming the written lease reflects the advertised condition of the property. You may also consider actions such as fraud, consumer fraud, or negligent misrepresentation. But you should definitely consult an Arizona trial lawyer as soon as possible.


Whether you have any cause of action against the seller depends on the terms of the contract, including your ability to inspect, the seller's disclosures and whether the sale was 'as is' or warranteed. You need a commercial real estate attorney to carefully review the lease and advise you.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Celia R Reed

Celia R Reed


Correction: where I stated 'Seller' I should have stated 'Lessor' and where I stated 'sale' I should have stated 'lease.'

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