Glossary
Legal & Compliance
Estoppel Certificate
A signed statement confirming the current status of a lease, including rent, term, and whether any disputes are open. Landlords often ask tenants to sign one before a property sale or refinance.
Firm impact
Review any estoppel request before a client signs it. Language stating 'no disputes exist' or 'reconciliations are accepted' can waive an open or upcoming CAM claim the client never meant to give up.
How this gets abused
A landlord sends an estoppel certificate mid-audit, worded to confirm the tenant has no outstanding CAM reconciliation disputes. If the client signs it as drafted, the certificate could bar the very finding your firm is about to send in a dispute letter draft.
Practitioner note
Strike or qualify any estoppel language that references CAM reconciliation acceptance or waives disputes. Note any pending or in-progress audit directly in the certificate before the client signs.
FAQ
Questions about estoppel certificate
Should a client sign an estoppel certificate during an open CAM audit?
Not without review. Flag any language about accepted reconciliations or waived disputes, and add a note about the pending audit before the client signs.
Can an estoppel certificate override lease audit rights?
It can, in effect, if the certificate's language waives disputes the audit rights clause would otherwise allow. That's why your firm should review the exact wording before a client signs, not after.
You know the term. Now check the math.
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