Landlord is claiming ownership of equipment of previous business I purchased

[BeloitDC]

In Wisconsin, I've purchased a business. The previous busniess owner provided a previous work order from when they had a custom electric sign built on existing poles on the property. The landlord will not sign lease unless it says they are the owner of the signage.

Do we need to find a new place to operate and prepare for small claims court over the sign or is there a way to sign lease and reclaim sign later?

 

[PayrollHRGuy]

If it were an option and not cost me customers or much money I'd find a new location primarily because I wouldn't want to start my relationship with a new LL in court.

If the previous owner represented that they owned the sign and "sold" it to you and they don't you would have a claim against them.

 

[adjusterjack]

This is something that should have been addressed before buying the business. I doubt that there is anything you can do about it now.

I also doubt that this is anything that you can handle in small claims court.

I suggest you study the original lease and see if there is anything in there about the landlord unreasonably preventing the transfer of the lease.

And, no, you can't agree that the landlord owns the sign and then reclaim it later.

Consult an attorney about this.

 

[xylene]

The previous busniess owner provided a previous work order from when they had a custom electric sign built on existing poles on the property.

This doesn't establish you own the sign. That establishes what the sign cost to create and install. The signage was an installed fixture, and as an immovable attachment to LL property, very likely making it the landlord's, absent some other written agreement to the contrary.

I suspect the landlord is right, and your claim is against the seller, if any.

 

[LdiJ]

In Wisconsin, I've purchased a business. The previous busniess owner provided a previous work order from when they had a custom electric sign built on existing poles on the property. The landlord will not sign lease unless it says they are the owner of the signage.

Do we need to find a new place to operate and prepare for small claims court over the sign or is there a way to sign lease and reclaim sign later?

Can you describe the sign a little better? Is it a changeable sign that could be used for another tenant? Did the landlord previously have a sign there and seller replaced it? The fact that there were existing poles on the property would tend to indicate that there was previous signage there.

 

[adjusterjack]

Can you describe the sign a little better? Is it a changeable sign that could be used for another tenant? Did the landlord previously have a sign there and seller replaced it? The fact that there were existing poles on the property would tend to indicate that there was previous signage there.

It's possible that the structure of the sign became part of the building and only the lettering would have to be changed for a different business.

 

[LdiJ]

It's possible that the structure of the sign became part of the building and only the lettering would have to be changed for a different business.

Right, that is why I asked him to describe the sign better. It is possible that the sign can be changed for a new tenant and its possible that the seller replaced a previously existing changeable sign. If so, the landlord might have a viable point.