Re: R.G.P. Attorneys' please give suggestions..
- From: A Man Beaten by Jacks <nobody@xxxxxxxx>
- Date: Tue, 24 Apr 2007 15:47:51 -0400
On Tue, 24 Apr 07 15:59:15 GMT, Tony Popejoy <ttpope212@xxxxxxxxxxx> wrote:
I will make this quick since I'm on my way to see my attorney now, but there
are a few here that have been helpful as well. To make a long story short, I
made an agreement to rent a house in "Summerlin"" from June 1st - July 17th, or
the duration of the wsop. The agreement was made over the phone, and a friend of
mine (who is a professional) sent the signed contract to the service last week.
Along with a credit card and instructions to not only charge us the 2500
deposit, but also the remaining balance of 8500 for a total of 11,000.
Yesterday I get an email saying that there hs been some unfortunate news and
the owner has now PULLED the property off the market because he doesn't want to
get the property preparred before we get there. ( This is AFTER we've already
made an agreement AND sent the funds). The woman offered me another patheitic
option in an "apartment", and she actually seemed upset about the whole thing. I
told her that all this was unaccpetable and that I expected something of equal
"niceness", or something better at the same or a better price. Hopefully one or
more of you will tell me the sme thing that my lawyer will, which is the
contract is binding, and it is their responsability to find me appropriate
accomodations. Thank all of you for going to law school and being much smarter
than me :):) Any help is appreciated. Thank you.
IANAL, although I'm going to law school next year, but my knowledge of
contract law is that if you've made an agreement and consideration has
been made (you paying them), that's binding. You don't say if they
actually cashed a check or charged your credit card, but it might be
binding anyway. You're going to a lawyer already you say, and I'd take
whatever that lawyer says seriously. You're not going to get better than
what you pay for.
One piece of advice I have on asking legal questions on newsgroups is that
the newsgroup misc.legal.moderated is one of the highest quality newsgroups
on Usenet. You won't find better legal minds anywhere. But they'll also
advise that the best person for a question like this is a person who actually
practices before whatever court you'd have to try the case in if it came to a
lawsuit.
What you're asking for is something like "specific performance." You want
them to live up to their end of the contract. I suspect it might be tough to
get that. You might have to settle for some monetary value based on your
inconvenience, any money you're out, any costs you have in finding a
similar rental property, etc. If whoever shafted you talks to a lawyer, their
lawyer is also likely to tell them they are likely to be found liable and should
settle.
It's entirely possible that if money exchanged hands, though, and you
actually want to go through litigation, that you could force the specific
performance of the contract. But I'm not sure. It's going to depend on
the jurisdiction and very specific details that only a lawyer who actually
practices in the field and in that area would know for sure.
.
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