Money Business Talk

Business and Entrepreneurship => Real Estate Investment => Topic started by: Cynthia on July 21, 2011, 05:50:18 PM



Title: How do we sue a Real Estate Managment Company for Breach of Contract?
Post by: Cynthia on July 21, 2011, 05:50:18 PM
Our Non-Profit Business was evicted from our office space, we hired an attorney and our attorney and the attorney for the plaintiff agreed and it was so ordered that if the we moved out by April 30, 2011 there  drop the money judgment however for the first three years of the lease we had a Guarantor, after three years the Guarantor clause was no longer in effect.  Now the the Management Company has threatened to file suit against the the Guarantor.  The Guarantor clause expired in 2007.


Title: Re: How do we sue a Real Estate Managment Company for Breach of Contract?
Post by: Casey_Y on July 21, 2011, 10:38:21 PM
Speak with your lawyer, they are obviously aware of the situation better than your small synopsis here.


Title: Re: How do we sue a Real Estate Managment Company for Breach of Contract?
Post by: Mike on July 21, 2011, 11:04:40 PM
The management company has THREATENED to sue the Guarantor, but could only win if the action they file was for something that happened before the Guarantee expired. There may also be a Statute of Limitations regarding what they can file for and by when they would have to initiate the action. Ask YOUR attorney about these two points as they apply to your jurisdiction.


Title: Re: How do we sue a Real Estate Managment Company for Breach of Contract?
Post by: the_unluckiest on July 22, 2011, 01:33:53 AM
It sounds like the management company is just pissed that they are getting their hands slapped by the judge so they're threatening. You can threaten someone all you want or you can take anyone and everyone to court but it does NOT mean they'll win. If you are correct in saying the guarantor clause expired in 2007 (and states in the lease it expires after 3 years), they won't win.

You can't sue the property management company for breach of contract. They're clearly disgruntled and had to evict you guys (I don't care that you're non profit because you still have to pay rent) and want to recuperate some costs. The guarantor will simply go to court and show them the lease and it'll end then and there. There's no reason for you guys to sue them because they're threatening to sue your guarantor and NOT you or your non-profit. You can't sue someone for them trying to sue someone else. Also, go to arbitration or mediation with their managing broker. If that fails, go report them to the real estate board where they're licensed.