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Is it leagal to sell your business while you are still on lease?

Hello, I am looking for a taking over someones lease to move my business. The person who offered take over her lease, originally did not mentioned about selling it. When I looked at the place and agreed to take over, she said that she is actually selling it. My question: is it leagal to sell your lease?
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Answers (2)
Mrs. Elizabeth White
Washington County, FL


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Aug 19, 2017
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The BAF Group LLC

Yes, I believe it is legal to sell it, but there are a lot of variables involved in it. First of all, is it worth buying? Why would you purchase a lease? Is the location that valuable to be worth paying her for it? Or is space that limited in that area that you cannot find another one, without paying a premium to her? And even if you contract to purchase it from her, the whole thing has to be contingent upon the landlord agreeing to allow you to take it over. Unless the lease is extraordinarily unusual, she really does not have to the right to sell that lease, without the permission of the landlord.

In a normal situation, you can take over the lease only if the landlord carefully examines you, your business and your credit worthiness to assume the lease. The landlord may either write a completely new lease, or simply allow you to take over the current lease. Either way, you need to have an attorney examine the lease carefully, in order to determine whether the lease allows such a sale. Legally you may be able to do it, but the lease itself may prevent it.

I would be very, very careful and seek the counsel of a qualified Real Estate Attorney, once you have that lease in hand.

Feb 19, 2016