Legal Question in Real Estate Law in California

False advertisement vacation home

Hi my family and i rented a vacation home and it was advertised as fully landscaped. We paid a very hefty price and deposit to wake up to work going on in the yard. Half of the yard next to the pool was unfinished. I don't feel we should have to pay the full price since we were led to believe it was fully landscaped as the ad said. Do we have any grounds for a lessor price


Asked on 7/14/06, 12:23 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: False advertisement vacation home

Technically, when something like a rental is not as advertised, but you accept it anyway because a last-minute change of plans was impractical, you would be entitled to a reduction in price based on the approximate lessened value to you. However, the value reduction from partial rather than complete landscaping might not amount to much in terms of dollars - money damages for disappointment or mental distress are not awarded in breach of contract cases (with rare exceptions probably not applicable here). So, unless the proprietor is willing to negotiate a rent reduction to keep you happy, it's probably not worth pursuing.

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Answered on 7/14/06, 5:58 pm


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