Legal Question in Consumer Law in Texas

Hunting Lease

I signed a Hunting Lease that included the opportunity to hunt deer, exotics (by draw), quail, hogs, turkey and dove. The lease was 1800.00 and I paid half down (900.00). We went to the first work weekend before season started and set up feeders, pens, blinds and so forth. At the end of the weekend the owner stated that we may not be able to hunt deer because of an outbreak of anthrax and would know more later. As it turned out that was indeed the case. We could not hunt any deer for the entire season. We demanded our money back and they refused. There is a clause in the contract that reads ''There are absolutely NO refunds of any money paid, at any time in conjunction with participation as a member of this hunting lease. Does this mean that we have just lost our money that had been paid? do we have any recourse in obtaining our down payment back. I think it is a breach of contract since they are not fulfilling the contract by not allowing us to hunt deer.


Asked on 12/13/05, 9:17 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Hunting Lease

Recall that you can still hunt exotics (by draw), quail, hogs, turkey and dove on the lease. The prohibition against taking deer is due to the anthrax outbreak, and not something the lessor is responsible for. It's really not a breach of the contract.

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Answered on 12/13/05, 12:06 pm


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