Legal Question in Business Law in California

I signed a contract with a company to help me find a apartment. The contract stated if I found an apartment on my own within 3 months and showed them the lease I would get my fee refunded. I found the apartment on my own and called them to send them the lease. I wanted to confirm with them when the deadline of the contract was. One of their employees pulled up my contract and informed me I could bring in my lease agreement by the 25th and I would get a refund. I brought the lease agreement on the 24th and they said they would process it and issue me a refund soon. I never received any refund so I called to check the status of the refund and the employee now informed me that I needed to bring in the lease by the 21st so I wouldn't get a refund. is it legal for them to refuse me a refund when they explicitly told me I have till the 25th? It does say in the contract but they mislead me in saying this.I could have easily brought it in before hand, the lease even shows the date it was signed, the 1st. I was just busy and never got around to it. I feel this is wrong and I want to see if I can threaten them with legal action


Asked on 11/06/09, 4:31 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

.Yes that is wrong and you can sue them in small claims court. If your contact did say though that it was the 21st and you got contract after 21st then they would win. Even though contract says 21st their agent agreed to or told you later date so it is their bad. However a judge may feel that you should have looked at your agreement. I hope you still have the agreement so you can check.

Hope this helps and good luck.

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Answered on 11/11/09, 5:24 pm


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