[RPPTL LandTen] Landlord tenant issue

Wed Jun 24 05:29:32 PDT 2015

Wow!  I wouldn¹t jump to that theory!  Especially if the contract period
extended into the option period.  Research needs to be done, but I would
look into an applicable merger theory.  How can you hold an option and a
contract at the same time?  That is, how can you have the right to become an
equitable title holder while being an equitable title holder?  Makes no
sense.  

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From:  Cary Sabol <sabollawoffice at yahoo.com>
Reply-To:  Cary Sabol <sabollawoffice at yahoo.com>, RPPTL Landlord Tenant
Committee <landten at lists.flabarrpptl.org>
Date:  Wednesday, June 24, 2015 at 7:51 AM
To:  RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject:  Re: [RPPTL LandTen] Landlord tenant issue

Hi Arlene,

I would argue that the first contract is not actually an exercise of the
option at all, but just a contractual agreement for sale and purchase.
Since the Lease allows for the exercise of the option only during a specific
time period and since the first contract was not executed during that
specific time period, I feel the Lessee could still exercise the option (so
long as it is done within the option period) even if the first contract
falls through. 

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744

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   From: Arlene Udick <arlene at udicklaw.com>
 To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
 Sent: Tuesday, June 23, 2015 6:44 PM
 Subject: [RPPTL LandTen] Landlord tenant issue

Dear wise brothers and sister in law, I need your wisdom in this situation

I represent a party who signed a lease option.  Lease is for six months,
lessee can exercise his option at any time between month 3 and month 5 of
the lease.  Lessee exercised his option during month 2 by presenting a
purchase contract which all parties signed.  Though the parties agree on the
business terms the buyer¹s attorney is trying to rewrite the process of how
the closing will take place. So far the buyer has asked for 3 extensions to
the closing but has failed to meet any of them.  The actions of the buyer
seem that the buyer is trying to back out of the purchase without saying so.
The buyer insists that he still wants to buy, but his behavior indicates
otherwise.

Can the lessee present a second exercise of his option and restart the
negotiations all over or do you only get one exercise per option agreement?
Do we have a valid option agreement?  What happens if the situation between
the parties break down?  It almost looks like my client is being set up for
a breach.  Any insight or advice is appreciated.   Thanks for your help.
Arlene

Arlene C. Udick, Esq.

(p) 352-391-1888

(c) 352-217-3176

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