Legal Question in Consumer Law in Massachusetts

Vacation rental in MA
A vacation home is being rented
out [independently] by a real
estate agent on weekly terms in
Cape Cod, MA. During a phone
conversation, the consumer and
real estate agent agreed to a
weekend rental at a rate of $1100.
The rental agent declared that full
payment was due immediately. The
check was mailed by the consumer,
cashed by the agent, but the agent
delayed in sending the lease. A
week after the verbal agreement,
the consumer cancels the rental
reservation for personal reasons
and asks for a refund of $1000,
less $100 for the real estate
agents ''trouble''. The cancellation
occurred 1 week after the initial
agreement and 2 months before
the date of the reservation. The
real estate agent is now refusing to
refund the money and has offered
only 50%. He has delayed even this
response for about a month. Does
the consumer have a right to be
refunded the entire $1100? A lease
was never signed and the property
will not be rented.

Asked on 5/01/09, 11:17 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Vacation rental in MA

File a complaint with the board of registration, and file a small claims action. You can send him a consumer fraud letter of demand - c. 93A.

Answered on 5/04/09, 4:54 pm

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