Re: Real Estate Law - Condo Rentals
- From: "richard" <don@xxxxxxxx>
- Date: Wed, 30 Aug 2006 10:55:11 -0600
"Mike" <gouigoui@xxxxxxxxx> wrote in message
news:zL8Jg.10776$sS1.5388@xxxxxxxxxxxxxxxxxxxxx
<NiftyPat@xxxxxxxxx> wrote in message
news:1156910878.629237.111970@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Hi all,
I'm in a bit of a bind, and I need some advice.
I'm moving to northern Virginia this week from New Jersey in
preparation for a new job. I decided to rent an apartment/condo for a
few years until I have enough money saved up for a house. I found an ad
on Craig's List from a woman renting a condo in a brand new building.
To make a long story short, I took the condo she was offering and sent
her a security deposit of $1200 (one month's rent). This all happened
within the span of the last 2 weeks. I received a phone call from her
today informing me that my condo is not ready (as I said, it's a new
building). She and her husband have not closed yet on the condo, when
she told me that they were supposed to close last weekend. She also
advertised, and told me on the phone, that the condo would be ready for
September 1. The main problem is, I was supposed to move in this
Friday, 2 days from now. My furniture and possessions are already on
their way to northern Virginia via a moving company.
While explaining my dilemma to a friend, he told me that by law, she
owes me at least double the down payment (he said the amount varies by
state). Is this true? Do I have any recourse?
I have not signed a contract or lease yet. We planned on doing the
paperwork when I arrived on Friday, but we obviously had a verbal
agreement.
So for now, I may not have a place to live. If the situation changes,
fine... then it was only an inconvenience for a few days. But if I
cannot move into the condo because they haven't closed yet, as I said,
do I have any recourse?
I think so, they were renting something they dont own.
He said the unit was in a brand new building. What we do not know is does
the landlord equal the owner or is the landlord a subletter?
As an example, in the city of Las Vegas Nv, there is being built, a condo
high rise, of which many of the units have already been sold. How can they
be occupied before the building is built? This is done quite frequently and
is quite legal. You order something, pay for it, and wait for delivery.
In this case, the landlord had assumed all paperwork, and other issues would
be finished by the date given.
Perhaps due to some unforseen delays, the unit is not yet available. This is
not necessarily a breach of contract.
I signed up for a certain school at a specific date. After quitting my job
to start the school, I was then told the starting date would be delayed.
This was not a breach, just business. Had the school not taken place, and
they kept my money, then we have breach.
.
- References:
- Real Estate Law - Condo Rentals
- From: NiftyPat@xxxxxxxxx
- Re: Real Estate Law - Condo Rentals
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