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ARTICLE · 03 AUGUST 2017

Beware: Informal negotiations can create binding agreements

A serious lesson for all parties is to beware of emails when negotiating commercial leases and to use them carefully.

AustraliaReal Estate and Construction

A lease is a legally binding contract that gives you certain rights to a property for a set term. A written commercial lease is used when leasing property used primarily for a business.

You should never sign a lease without understanding all of its terms and conditions. If you don't understand what you are agreeing to you could experience serious financial and legal problems.

Pre-contract negotiations

Before entering into a lease it is usual for a period of negotiation to take place between the Landlord and the Tenant and it is important to understand the relationship being entered into and the rights and obligations created in the lease document. It is also important that the negotiations are conducted so that the commercial terms are agreed before a binding agreement is created as it is possible to be locked into a commercial lease without signing any paperwork if the right precautions are not taken.

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