Legal Question in Real Estate Law in Florida

Did we have a valid contract with Rental Prop. Co.?

FACTS: Entered into a 2 week contract with prop. mgmt. co. to rent our house. We specified dates of 4/22 thru 5/6/00 in writing on the contract. Company didn't find renters during that period & didn't approach us to sign a new contract. They did find suitable renters one week later who paid deposit & signed lease. The day after we were notified that qualified renters had been secured, we told the property mgmt. company that we had changed our minds about renting the house. We believed we were no longer under contract. The prop. mgmt. co. claims that we signed a year's contract & that the beginning and ending dates we had written on the contract were "two contract starting dates". They claim that we must rent the house to the prospective tenants they have secured.

Q. What are our rights in this case?

A. Your rights are to settle this matter or get ready to go to court.

Contracts require a "meeting of the minds"; mutually binding effect on all parties; Legal purpose; and consideration. It sounds as though their might not have been a meeting of the minds, although the Rental company wants you to believe otherwise. You need to have an attorney review you listing agreement and get a legal opinion.

I find it hard to believe a reputable rental co. would agree to a two week listing unless they already had someone lined up to rent your home.

You might have to have a court rescind this contract unless you come to some agreement with them or face their lawsuit.

Re: Home Owner vs. Property Management Co. re: contract

It depends on the wording of the contract. If the

wording is not ambiguous, the judge is supposed to

rule according to the wording. If there is some

ambiguity, the judge may consider additional testimony

as to what the parties intended. I suggest you

make an appointment with a knowledgeable attorney

in your area and get an opinion.