Santa Fe, NM asked in Real Estate Law, Contracts and Small Claims for New Mexico

Q: If a lease is never signed is there recourse for either party

We had a potential tenant in commercial lease, the lease was never signed and the tenant is demanding money back.

1 Lawyer Answer

A: A New Mexico attorney could advise best, but your question remains open for two weeks. The basic rule in most settings is that an agreement/contract needs to be signed by the parties to be effective. But every situation can also be fact specific. Most attorneys would probably want to know more about the transaction (including conduct, communications, documentation, and other details), to definitively answer the question about the recourses of each party. Good luck

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