Rancho Santa Margarita, CA asked in Business Law, Contracts and Landlord - Tenant for California

Q: Can we purchase a business and take over without getting the lease approval completed from the landlord

Can we purchase a business and take over without getting the lease approval completed from the landlord?

just wondering, because we understand the risk that the landlord may reject us, and then the seller can run away with the money that we payed them. Is there a way to avoid this risk so that we take over immediately, and in the case that the landlord does not approve us we receive the money back.

1 Lawyer Answer
Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
  • Rohnert Park, CA
  • Licensed in California

A: Well, the first question is ... "what is getting in the way of you acquiring the new lease" ... and the second question is ... "what does the current lease state about subleasing or an assignment of the lease. To get an answer, I would recommend that you schedule at least two video calls or telephone calls with the business development attorneys of your choice ... feel free to reach out.

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