Breaking Commercia Lease Due to Building Electric Capacity

We moved into a new commercial condex type unit. The landlord and real estate agency claimed in their marketing materials (website, sell sheets), that the unit was 200 amp. When in fact it was only 100 amp.

We are a food producer requiring lots of cooking equipment (commercial freezer, fridge, kettles, dishwashers, etc). We had our kitchen designer approve and blueprint layout based on 200 amp 3 phase which we got from their website.

When we started to move our equipment in we got the first hint that we were hoodwinked. They told us our chopper was "too big and old" for faciity's electric. We brushed it off believing the owner and contractor. Then we bought a new/used kettle and got the same reaction. This is when I said "could you explain in Engish" why nothing seems to work in here? He said you have 100 amp, and right now you are at 75 amp with freezer,fridge, washer, etc. With the kettle we are tipping at 95 amps. We can not run the dishwasher and kettle at same time.

This was the first time we were told we have only 100 amps. They then told us we could bring in 200 amps but it woud cost us $7,000. We are a smal business and did not have the capital.

In the intermim we have lost opportunities with major reatilers (after they inspected) on growing business as we don't have capacity (we can't hook up any automation (i.e. filler, capper, etc) or even an extra kettle).

We are now in financial distress because of lost business and the bad economy. We want out of the lease based on falsehoods. What are our options?

Thank you.

Where do we stand?

You certainly have a case to break your lease early - without penalty if your statements are true. This is a clear cut case of deceptive and false advertisements.

Furthermore, you have a strong stance to seek damages to your business if you were unable to grow and take on new business because of the limited electrical capacity.

Contact a lawyer now.

Originally Posted by Unregistered You certainly have a case to break your lease early - without penalty if your statements are true. This is a clear cut case of deceptive and false advertisements. Furthermore, you have a strong stance to seek damages to your business if you were unable to grow and take on new business because of the limited electrical capacity. Contact a lawyer now.

Thanks. I have contacted a lawyer and he seems to think we have a good case as well, not just getting out of lease.

Strangely, to this day, they still list the 200 amps on their website, marketing the property.

Print out the advertising on the website & gather the marketing materials that listed this as 200 amps. Do this now before it disappears from the web. You will need this evidence for court.