Submitted by Anonymous on Mon, 01/25/2010 - 09:44
Posted in
I signed a 2 year commercial lease with my landlord. It was about 7 pages long and he used his sons real estate company. The son is a licensed real estate broker but the father, who signed the lease, is not. Would the father have to be licensed as a broker or salesman in order to sign the lease and for it to be legal?
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Editor's Response
A commercial lease is merely a contract entered by the landlord and the tenant. The landlord does not need a license to enter such a lease as long as he is signing for himself. You could check with the LLC documents on file but, presumably, the landlord (father) is authorized to enter contracts on behalf of the LLC. For more information or to post a question, visit our Massachusetts Real Estate Law Discussion Forum.
update
Upon further inspection, the lease is with a realty group which is a LLC registered with the state. The realty company is owned is also run by the landlord and his family members. Even though he signed the lease, it is not with him, it is with the realty group LLC.
Commercial Lease
I am one of three trustees of a family trust. One of the trustees set up an illegal three year lease with a tenant to rent part of the commercial property. The lease is begining it's second year. The trust states that two signatures are required to bind a document. She is the only on that signed the lease and set the monthly rent at a $1200. The other two trustees are now in the process of selling the property as we feel that the trust would profit much better by the sale. The current tenant may be buying it, but it may be sold to someone else. If someone else makes the purchase, would the trust be liable to this current tenant for the illegal lease?
(This trustee has made such a mess of this property and the entire trust.)
Thank you.