Can I recover a holding deposit if the property manager misrepresented a property?

I had a written agreement to hold, along with a rental application and holding deposit for House A. House A became unavailable due to pet clause change 4 days later. House B was offered and represented to me as a little smaller but comparable (4 BR, 2 Ba, and a garden tub in the master). I unexpectedly had the chance to view the house 1 week prior to signing a lease and saw that it was 1.75 bath and the master only had a shower. This was an immediate deal-breaker as my wife specifically wanted the garden tub. There is no written agreement for House B and no proof of his representations.

Asked on July 18, 2012 under Real Estate Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Your deposit was to hold House A.  House A became unavailable.  Assuming this was something out of your control, you should be able to get that deposit back.  The fact that House B was offered but you never signed the lease for House B should not affect that.

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