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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Required to Move Shortly After Buying a Business from the Landlord

    A person in California purchased a restaurant from a man who owned the building in which the landlord is located. Three months later the buyer has been told that the building has been sold, and that the new owner is going to want them to move out. Does the buyer have any right to keep the business in place, or any recourse against the seller?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Required to Move Shortly After Buying a Business from the Landlord

    The buyer needs to have the contract for the purchase of the business reviewed by a lawyer.

    If the lease is about to expire, or is month-to-month, that is something that should have been addressed at the time of sale -- and the buyer may find that he has no remedy due to his lack of due diligence.

    If the lease term continues into the future, past the point that the new owner wants the restaurant moved, the lease is not canceled merely because the property is sold. If the lease includes a clause that allows a new owner to terminate the lease if the property is sold, there is again an issue of due diligence, and the restaurant buyer may be out of luck.

    There is no way to get a firm answer without having the contracts, including the lease, reviewed by a legal professional.

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