Legal Question in Real Estate Law in California

Property Management Agreement

36 hours ago I signed an agreement with a property management company to manage my rental for one year. I would now like to rescind this agreement because I have formed doubts about this company. It's my fault but I want to know where I stand legally. There is no mention of the owner having an out unless there is a breach or the house is sold...

If I have 3 days let me know quick!!


Asked on 12/13/01, 12:54 am

2 Answers from Attorneys

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

Re: Property Management Agreement

There is no general right to rescind a newly-made contract. This right is given by statute in California to buyers in a few specific types of contract (usually dependent on the type of service or thing sold under the contract). Examples include dancing lessons, time-share agreements, and maybe a dozen others.

There is also a right to rescind for cause, and the causes include fraud, mistake and the other party's material breach. What amounts to fraud, mistake or material breach is legally defined by court decisions and not everything a party may think is a 'mistake' qualifies.

It is unlikely you can get out of this contract if the other party wants to hold you to it, but you can always negotiate with them to be released; they just possibly might consent to voluntary rescission. Or, you could breach the contract by refusing to perform; their remedy would be to sue for damages, which might not be all that great if you informed them quickly that you intended to breach. They might not even sue, but don't count on that.

In short, you have no right to rescind but if you are very unhappy with the deal maybe you can wiggle out of it with minimal harm.

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Answered on 12/13/01, 11:31 am
Larry Rothman Larry Rothman & Associates

Re: Property Management Agreement

Whether or not you can terminate the agreement depends on the terms of the agreement and your reasons for wanting out of the conract. 3 days does not apply to your situation. If you fas me a copy of the contract and your reasons for wanting it cancelled to 714 363-0229, I will provide you with free consultation.

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Answered on 12/13/01, 1:11 pm


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