Bloom Parham Secures MSJ Dismissal of Real Estate Contract Case
Bloom Parham secured the dismissal on behalf of a commercial property owner in a dispute with a tenant. Tenant claimed that Bloom Parham’s client had orally extended and modified an expired purchase option contained in a lease agreement. Tenant filed a lawsuit to enforce the purported extension and force the sale of the property to the tenant, raising claims of breach of contract and promissory estoppel. The client denied any extension occurred and countersued tenant for tortious interference with its contract to sell the property to a third party.
The parties filed cross-motion for summary judgment on tenant’s claims and the client’s counterclaim. After briefs and oral argument, the court concluded that no enforceable oral modification of the lease agreement occurred and that there was no viable purchase option to extend, as all options contained within the lease were expired. The court entered an order dismissing all claims against Bloom Parham’s client and allowing the client’s tortious interference counterclaim against the tenant to proceed to trial.