Legal Question in Real Estate Law in New Jersey
I wanted to rent a shore house from Don Martin Realty for a week as a mothers day gift. I filled out a reservation request online; however, they denied the request because I am under the age of 25. I then made an appointment to visit the house, where the realtor told me and my sister (also under 25) that our reservation request could not be made and that our mother would have to make the request. So, I told my mom about her little mothers day gift and what she would have to do. So she called the realtor and made the reservation, the realtor then asked for a credit card and I gave the realtor my card as I was paying for the week for my mother. The realtor then charged my Card for the full amount which consist of (rent, security deposit, cleaning fees) Now my mother was unable to schedule off that week and the realtor is saying they will not provide a full refund unless the property is rented before the time we were supposed to stay there and that in the event it is not rented i will be charged 50% to the total amount. they mailed a rental agreement but it was never signed. I feel like they are not allowed to do this. someone please give me a straight answer
2 Answers from Attorneys
In order to answer this question I would have to meet wit you and review the documentation that you signed. Please call my office to set up an apointment.
Rental agreements (unlike purchase agreements) may be oral as well as written. Your mother may or may not have entered into a binding contract even though she did not sign the written rental agreement that was sent, depending on the exact facts. I suggest that you obtain legal advice on that issue. Putting that aside, since you paid by credit card you might consider disputing the charge with your credit card company. There are time constraints, so act quickly. You must carefully read the instructions on your statement so that you make the dispute in the proper manner. You might consider disputing the charge on the basis that it was just a deposit contingent on the signing of a rental agreement, the rental agreement was never signed, and they refuse to give you back the deposit. The credit card company will temporarily reverse the charge for 30 days and notify the other party that the charge is disputed. If you are lucky, the reversal will be made permanent. This does not mean they will not sue you or your mother, but at least they will not have leverage on you and it will be them having to take steps to collect, rather than you having to take steps to get your money back. If the reversal is not make permanent and the charge goes back on, then I recommend that you seek the advice of an attorney to determine your legal rights.
Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
