Can a real estate cancel a vaction rental agreement afetr it was paid in full and on the agreement it states all renatls are non-refundable?

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Can a real estate cancel a vaction rental agreement afetr it was paid in full and on the agreement it states all renatls are non-refundable?

Saw an ad for a vacation rental and went and saw the rental and signed the agreement and paid in full plus secutiry for the rental which is for 7/24/-8/2. 2 days after the transaction the realtor called and said the rental was not available, i do not think this is ethical or legal.

Asked on June 1, 2009 under Real Estate Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should have signed, written receipts that show exactly what you paid, and exactly what you paid for.  You need to decide whether you want to insist on that rental, or whether you just want to get all your money back.

If you want all your money back, the "non-refundable" statement on the agreement shouldn't be an issue, because you're not the one who broke the agreement.  If the realtor wants out, you get your money back, all of it, right away -- or else!

If the realtor won't give a full and immediate refund, or if you want to try and keep the rental, you'll need a lawyer.  One place to find qualified attorneys in your area is our website, http://attorneypages.com


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