Legal Question in Real Estate Law in California

Breach Of Contract

I applied for an apartment, agreeing to give them a $350 holding deposit check.It stated that the check would only be deposited if we signed a lease.They deposited our check even though we were not selected for an apartment, without our permission.Promising a refund in 2 weeks, which we never received.After several calls, 4 weeks later, I was told they have a refund check for me. 1st I want to know if I could take legal action against them for breach of contract (should they give us an apartment) and second if Is it appropriate for them to remove me from the waiting list if I refuse to give them another holding check, I feel that since they broke the contract an exception should be made.They did this to at least 100 people.3rd, when we applied we were told that a lottery would be drawn for every block of apartments opening,now they have changed it and it will be done based on status (it is university faculty housing, below market rate)They agreed to only accept 100 applications and they ended up accepting 460 for 63 available apartments.Please advise what actions we may take if any and what our legal rights are in this case.


Asked on 10/11/00, 10:53 pm

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

Re: Breach Of Contract

You may have the basis for an interesting class-action suit on behalf of all persons similarly affected. If you have the time and interest to pursue the matter, your first step would be to discuss the facts with a local attorney or firm specializing in consumer-affairs and/or real estate law.

Read more
Answered on 11/06/00, 12:10 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California