Legal Question in Civil Litigation in California

Vacation Rental Home Agreement

I recently signed an agreement with a rental company to rent a home that I am buying as a vacation rental. I did this before taking possession of the home. The house will record on May 19th, and we signed the agreement on April 27th. The previous owners of the property used this agency, so I thought that it work out okay. After meeting the owners of the rental agency, I want to get out of the contract. They are incredibly unprofessional.

Can we consider this agreement non-binding, since we don't have ownership of the property in question? Can we sign an agreement for something that we don't own, and be held to it?


Asked on 5/17/04, 3:59 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Vacation Rental Home Agreement

You've not given enough facts for me to advise you properly, but assuming there are no other facts of interest, it's probably the case that the obligations under the agreement are necessarily conditioned upon you actually becoming the owner of the property. Once you become the owner, the contract is good.

That is for a cursory understanding only. You need to consult with an attorney for specific advice you can rely on.

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Answered on 5/17/04, 4:47 pm
Terry A. Nelson Nelson & Lawless

Re: Vacation Rental Home Agreement

Send them written notice of cancellation of the agreement by fax and mail, immediately - before they rent it to anyone. Any threat to sue can be dealt with later.

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Answered on 5/17/04, 6:06 pm


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