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What does it mean "this lease shall not be recorded but a shorter form of it will be signed"?


hello,

i'm signing a contract for a commercial property. at the end of the 19-page contract there is a clause that says, "this lease shall not be recorded by Tenant. If Tenant records this Lease, then such action shall be deemed an Event of Default. Upon the execution of this Lease, Landlord and Tenant will execute a short form of lease. Tenan hereby makes, constitutes and irrevocably appoint Landlord as its attorney-in-fact."

Could anyone tell me what this is saying in English? Why can i not record the lease? why should i appoint the landlord my attorney-in-fact?

thank you so very much!

thank you so much both of you. yes, it sounded fishy to me too. will talk to an attorney. thanks so much for the head-up.

Don't touch it. From what you say, that's a cobbled-together mickey-mouse lease that effectively removes all your rights and leaves the landlord as sole arbiter.

For professional advice, you can get a solicitor to look it over, but even from this distance I wouldn't go near it.

you shouldnt. have your lawyer look over the lease.

you can get a "commercial real estate agent" to check your contract (they get penny's on the dollar for rentals)

in commercial leases the landlord has more power than in residental..

your loopholes with these clauses is the "sale"
you could end up ..on the street and the locks changes and not even know the sale happened..that is the clause you need checked..


the clause of "recording" is to file your lease at "land title" so..again that would "loop hole" back to a sale..

good luck..

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