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    DGiddings's Avatar
    DGiddings Posts: 1, Reputation: 1
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    #1

    May 4, 2009, 07:22 PM
    Fraudalent Misrepresentation
    We leased a property in November 2008 (Gas Station/Convienence Store/RV Park)and come to find out the State and Local entities had citations on various problems regarding septic and the gas pumps having current citations on them since 2006. The County closed the store until the issues are in compliance. The owner of the property is trying to say he new nothing of these problems therefore, us being the leasee is fully responsible to fix the matters because the lease states we were leasing the property as is. We have documentation that the previous leasee new about the problems and we are thinking that's why he ended his lease with the owner. We tried mitigation to try to get our losses back from the owner (rent, equipment, store loss)we could not agree on the options presented from his lawyer. Meanwhile all this time the owner has been fixing the problems. Now that we decided to stay he said they are our problems. Can you please tell me if we have a case for court to suing for losses. And do
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 4, 2009, 07:45 PM

    I see part of the issue that you leased the property "as is" so you were responsible for a complete inspection and to check with code enforcement and other problems.

    The plumbing, septic and esp gas pumps would have been key areas that an inspection would have uncovered.

    Did the lease paper work ( not what they told you) say they had no knowledge of any problems
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    May 4, 2009, 07:50 PM
    Since we can't read all of the paperwork that was involved, the only way to know if you have any kind of case is for you to sit down and have a consultation with a lawyer. Many lawyers will offer a free consultation and they'll be able to tell you if your case is worth pursuing.

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