[RPPTL LandTen] estoppel letter

Marcia Tabak MARCIAT at floridarealtors.org
Fri Apr 26 09:58:16 PDT 2013


Are there any cases on the following?  Landlord enters into contract to sell commercial strip center.  Tenant signs an estoppel letter provided by this landlord for purposes of the sale,  wherein tenant verifies he is current on the lease, there are no defaults, etc.  Sale goes through and 3 months later is notified by original Landlord that they have discovered a past accounting error when they reconciled their books and now have determined tenant owes them an additional $2,000 that they were previously unaware of. Will this original landlord who furnished tenant with this estoppel letter and who benefited from its execution, which was ultimately relied on by the purchaser of the premises (and purchaser's lender) be successful in a suit against the tenant for failure to pay sums previously due under the lease?  If you can point out any cases on point or guidance, it would be most appreciated.

Marcia Tabak
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