Full question:
I currently reside in Ohio and signed a 1 year lease on 6/10/09 for a condo in California (CA Assoc Realtors Residential Lease Month to Month Rental Agreement)to begin 7/1/09. I was represented by a Broker California. I had trusted her to be 'my eyes and ears' (her words and suggestion) since I could not make a trip to CA. Once a particular condo was decided on, I had repeatedly requested a floor plan and/or measurements and additional photos, other then what could be seen in the MLS . I did not receive anything, until last evening, 6/17/09. Yesterday, I insisted, when all her answers concerning sizes of rooms were always vague, that she go to the condo and take additional photos and some measurements. At 8:30 pm Eastern time she e-mailed me photos (but still no measurements)...she said she did not have a measuring tape. I asked her how a realtor did her job without a measuring tape. She doesn't always have one, she said. After seeing the photos (sent to me from her e-mail) and having a 30 minute conversation...around 9:30 last night, my fears were confirmed! I believe I have been misled by the Broker and want to cancel the contract and get my security deposit ($2,400.00) back. What do I do now?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: California
Answer:
Whether you can cancel the lease and get your deposit back depends on several factors, including whether there was significant misrepresentation by the broker. Courts will consider if you relied on vague answers about room sizes, whether you conditioned your acceptance on receiving measurements, and if the lease terms allow for cancellation. If a broker knowingly misrepresents information to induce you to sign, this could lead to the contract being voided.
Your lease and the contract with the realtor will dictate your rights and obligations. Review these documents carefully to understand your options for terminating the lease. It is advisable to consult a local attorney who can evaluate your situation and provide guidance based on the specifics of your case.
Contracts are legally binding agreements that establish rights and duties between parties. Breaches of contract can lead to civil actions, where remedies may include money damages, restitution, rescission, reformation, or specific performance. Rescission cancels the contract, restoring both parties to their pre-contract positions, and can occur due to fraud, material breach, or other grounds.
In summary, document your communications with the broker and seek legal advice to explore your options for recourse.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.