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The Co-Tenancy Clause

After <i>Kleban v. Ann Taylor</i>, when a mall or shopping center landlord is marketing space and offers a potential retail tenant a co-tenancy provision, the most applicable legal maxim is <i>caveat venditor</i>, let the seller beware. Landlords can suffer great unintended consequences from a co-tenancy clause that is negotiated as an accommodation to get a tenant into the space and then explodes years later.

24 minute readAugust 02, 2014 at 12:00 AM
By
Seth A. Fersko
The Co-Tenancy Clause

When purchasing a car from the local dealership, or a new outfit from, say, Ann Taylor, the often-stated legal maxim is caveat emptor, let the buyer beware. After

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