How to stop a rental agency from advertising your property?

My employer used to utilize a vacation rental company to rent his rental properties. He has since chosen to rent them in-house without use of a third party. However, the company has continued to advertise his properties on their website and has refused to remove them. They can no longer be reserved by customers online but there is nothing else to indicate the company no longer represents these properties. It is leading our customers to believe the properties are completely booked or otherwise unavailable. What legal options are available to have them remove these properties?

Asked on November 2, 2012 under Real Estate Law, North Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is really odd that a company would continue to advertise for client who has terminated the relationship.... regardless... your employer has a couple of options.  First option is simple and direct--- hire an attorney to mail the ad agency a simple "cease and desist" letter.  Sometimes just the letterhead and threat of a lawsuit will accomplish the end goal.

If this does not work, then your employer should file a suit for injunctive relief and a restraining order to prevent the ad agency from listing your employer's properties.  Since people are not renting because potential clients think the properties are occupied, he would also be able to ask for damages associated with the suit.


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