My husband was looking for a location for his franchise. He decided on a location based on proposed buildings (movie theater and power center). Contract was signed franchise was opened two years later. Sales never really took off. He has had the business for almost 3 year now, there is still no movie theater or power center, some other strip mall has been built there instead (basically no anchor), and rent is sky rocketing.
My husband can't afford to make the rent payments anymore the store just doesn't have the sales (he's not the only failing business in the strip). Numerous restaurants around him have already shut down.
What I was wondering was can my husband use the fact that the landlord said a movie theater was to be built and never happened, as a bargaining chip in a lawsuit with the landlord?
The website for the property still says that there is a proposed movie theater, even though something is already there. Are they just trying to rent out the whole strip?
Any info would help