Should I have the owner of the property sign new commercial lease or the Management company for owner sign?

In Leasing Property - Asked by Scott H. - Aug 17, 2010
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Answer(s)

Charles R.
Broker/Agent
Fort Myers, FL

if the manangement company is the listing agency, then go through them, if not then go through the owner.

Aug 17, 2010
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Stuart D.
Broker/Agent
East Brunswick, NJ

I would ask your attorney this question. If the management company has the authority by the landlord to sign the lease, it's my opinion that is sufficient. However, this is something you should be advised by your attorney.

Aug 17, 2010
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Ken S.
Broker/Agent
Westlake Village, CA

It comes down to who has signature authority. First of all, who owns the property? LLC, Corp, LP, etc. Did that entity properly assign that authority on the property to sign on the entities behalf. If a corporation owns the property, did they have a board meeting to assign that authority? You need to follow the authority. An attorney can assist on this matter.

Aug 17, 2010
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Darshan K.
Corporate Investor
Philadelphia, PA

It depends on who you want to be on the hook for it, and if legally, they can be on the hook for it. For example, if you have the management company sign the lease, but they are not allowed to, then the signature may be worthless, but you may have claims against the management company.
Additionally, no reason it has to be an either/or situation. If there is something you want the management company and the owner to acknowledge, have them both sign. Of course, you should talk to your lawyer for advice specific for your situation.

Aug 20, 2010
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