QUESTION

My clients are looking to lease a commercial space & wondering what this means, as it sounds like they can't pursue legal action even if warranted?

Asked on Aug 30th, 2024 on Real Estate - Michigan
More details to this question:
WAIVER OF JURY TRIAL AND COUNTERCLAIM The parties hereto waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises or the Retail Development, and/or any claim of injury or damages. In the event Landlord commences any proceedings for non-payment of Base Rent or Additional Rent, Tenant shall not interpose any counter-claim of whatever nature or description in such proceeding and shall not consolidate any claim of whatever nature or description with such proceeding. This shall not be construed as a waiver of Tenant's right to assert such claims in a separate action brought by Tenant.
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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A good real estate attorney might be able to tell the attorney for the LL that the clause is an unconscionable abridgment of rights and void against public policy as it might permit the LL to unilaterally breach the lease without the tenant having any right to redress. I think it is over-reaching in the extreme; I would not let my client sign it. Since you said "client" in the question, I assume you are the realtor.
Answered on Sep 03rd, 2024 at 2:53 PM

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