The rental offer is to the lease what foundations are to a building. Signing pre-contracts hastily without consulting a professional is equivalent to building a structure without considering if the quality of the soil can support it.
The commercial lease remains a preferred field for lawyers, especially those who practice in litigation. Thus, the maxim that "the parties make the contract" makes perfect sense in this context.
A pharmacist, tenant of a space in a shopping center, receives a relocation offer for his pharmacy. He then signs a lease offer with his landlord.
The tenant moves into his new premises without signing his new lease. In the meantime, the parties exchange draft leases. With each "sending" of a lease draft, the pharmacist takes care to attach a letter of protection, which stipulates that any modification to the draft "will result in the nullity of the document and automatic revocation" of his signature.
In the meantime, discord emerges between the parties. The pharmacist turns to the court and requests reimbursement of various overpaid expenses from the landlord, while the latter counters and requests a permanent injunction.
Given the disagreement, the Court*, before ruling on the parties' requests, deems it essential to determine which document governs the relationship between the parties. Considering the circumstances, the court concludes that: "the only document on which there has been agreement and commitment between the parties is the lease offer (...). Until the parties agree on a new lease agreement, it is the lease offer (...) that must govern their relationship."
The lease offer is to the lease what foundations are to a building. Signing preliminary contracts hastily without consulting a professional is equivalent to building a structure without considering whether the quality of the soil can support it.
*C.A. Québec 200-09-006301-086
