Legal Question in Real Estate Law in California

Can Bait-and-Switch get you out of a lease?

A condo owner advertised and quoted me a price of 1400 for a condo rental that myself and a married couple planned to share.

The married couple met with the owner and were told they had good enough credit to sign the lease without me so they went ahead and signed, but the price on the lease they signed was 1450.

They later told me they thought I had been rounding or had been mistaken when I told them 1400.

They questioned the owner and she said the 1400 price was a misprint in the newspaper but she verbally quoted me that price and we have found a separate ad in another paper that lists the property at 1400.

Is there anything here that can get us out of the lease (which begins tomorrow)? It feels like a bait-and-switch or something very shady.

Thanks.


Asked on 1/14/03, 8:31 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can Bait-and-Switch get you out of a lease?

My guess is the landlord's tactic, while perhaps somewhat underhanded, is not evil enough to be a basis to rescind (cancel) the lease, especially when your proposed co-tenants saw the $1450 figure and signed anyway. The couple that signed would probably be considered your agents acting on your behalf. If they abused their discretion by signing a $1450/mo. lease contrary to the authority you gave them, limited to $1400/mo., your beef is with your co-tenants, not with the landlord.

I could be wrong if there is more to this than the facts given. For example, if the landlord raised the price based on seeing that the prospective tenant was African-American, that would be illegal discrimination.

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Answered on 1/14/03, 9:38 pm


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