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MMLU / An owner-retailer in a small shopping center entered into a sale-leaseback…

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question

An owner-retailer in a small shopping center entered into a sale-leaseback arrangement with an investor. The retailer stayed in possession and became the lessee for the next 25 years with monthly payments and various obligations regarding maintaining the property. The retailer had to pay most of the expenses on the property, and had options for further extensions but not to purchase the property back. Within a few years, lessee's business grew and he wanted to tear down one of the buildings and attach a new building to his store. The investor refused to consent. Lessee filed suit asking for an order compelling compliance. Will the court likely order the investor to comply with the lessor's demands?

choices

  1. No, it will preclude the lessee from making such drastic changes without the investor's consent.
  2. Yes, the lessee will be able to make the improvements without the investor's consent but the improvements will belong to the investor.
  3. No, because in every sale-leaseback agreement, there is a clause guaranteeing that the lessee cannot make improvements without the written consent of the investor.
  4. Yes, because the lessee's equity interest surpasses the investor's interest, giving the lessee the right to make improvements.

subject

professional_law

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