Business Contracts Good Faith Lease Agreement

[Confounded]

Note: This may be more appropriately queried in the "Real Estate" category.

A newly established independent elementary school will begin offering classes on September 2, 2014.
Although other schools have operated there, it was discovered in the 11th hour (early August) that the classrooms the school had leased from a church do not comply with local fire code pertaining to school buildings.
The president of an under-enrolled Catholic School agreed to lease classrooms to the independent school, and terms of the lease were agreed upon through phone calls and emails.
Subsequently (today, August 20), the Board of Directors of the Catholic school (for which the school president does not serve as Director) communicated that the independent school will not be allowed to occupy the classrooms, in which case the independent school will not be able to function.
The independent school negotiated in good faith with the President of the Catholic school, a price and terms of occupancy were agreed upon and the President did not stipulate that the agreement would require the approval of the Board. Is it within the rights of the independent school is to take legal action against the Catholic school, and if so, does the independent school have a good case?

 

[army judge]

Until the lease has been signed by ALL parties, there was no lease.
The emails outs be influential, to the point tat they were the expression of ideas.
It could even be said an agreement in principal had Ben reached.
But, absent money exchangi g hands (as its customary to pay upon lease execution), emails and unsubstantiated telephone calls aren't very useful.

This s why you don't negotiate leases via email an/or the telephone.
In addition, it's not uncommon for a C LEVEL EXEC to negotiate a contract or lease, which can only be entered into by the assent of the board.

Many years ago, I was employed as a young attorney in the M&A division of one of the (at the time) Big Eight accounting, Auditing, Consulting firms. I could negotiate on behalf of my office's managing partner, but had no authority to bind the firm to any agreement.