Real Estate · License Law Violations and Discipline

What is 'subordination, non-disturbance, and attornment' (SNDA) in commercial real estate leasing?

Correct answer

A three-part agreement between lender, landlord, and tenant: SUBORDINATION (tenant's lease is subordinate to the lender's mortgage); NON-DISTURBANCE (lender agrees not to disturb the tenant's possession if they foreclose, as long as the tenant is not in default); ATTORNMENT (tenant agrees to recognize the new owner — including the lender after foreclosure — as their landlord)

  1. A A zoning variance application
  2. B A title insurance endorsement
  3. C An addendum for residential purchases
  4. D A three-part agreement between lender, landlord, and tenant: SUBORDINATION (tenant's lease is subordinate to the lender's mortgage); NON-DISTURBANCE (lender agrees not to disturb the tenant's possession if they foreclose, as long as the tenant is not in default); ATTORNMENT (tenant agrees to recognize the new owner — including the lender after foreclosure — as their landlord)

Why this is the answer

SNDA AGREEMENTS are standard in commercial real estate financing and leasing. Why each provision matters:

Subordination: The lender's mortgage takes priority over the tenant's lease — if the building is foreclosed, the senior position matters for property rights. Without subordination, a lease that predates the mortgage might survive foreclosure.

Non-disturbance: Protects the tenant — they don't want to lose their space because the landlord defaulted on their loan. The lender agrees to honour the lease even after foreclosure.

Attornment: The tenant agrees to recognize the new owner (foreclosing lender or purchaser at foreclosure) as their landlord and pay rent to them. Without SNDA, tenant and lender are in a position of uncertainty after foreclosure. Commercial tenants with significant improvements or long-term leases almost always require SNDAs before signing.

Source: Real Estate State Exam, SNDA Agreement

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License law violations and discipline cover the grounds for discipline, the complaint and hearing process, penalties (fines, suspension, revocation), and the recovery fund. This is one of 20 Broker (State Law) questions on license law violations and discipline, each with a full explanation on a single study page.

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