Legal Question in Real Estate Law in Texas

Is the website information legally binding?

I moved into an apartment complex in Houston, TX. I was won over by the complex because of their website and what it boasts. I spoke with the leasing manager, and she assured me of the promises. The site states:

We're so sure you'll be happy, we guarantee it! ''Company'' offers a 100% Total Resident Satisfaction Guarantee. If you're not happy with your apartment, we'll release you from your lease within the first 30 days. No penalties. No questions asked.

I am unhappy with my apartment. To them, the problems are small. To me, the problems are not small, and I want to exercise my right to move. The website claims No penalties, No questions asked, when in reality, I am being asked a million questions, and being told that my reasons aren't adequate. In speaking with the regional mgr, she told me that she was looking at the legal guidelines regarding the promise, and it had to be a maintenance issue. I told her that I was never given any legal document to read or sign, and I relied on the information from the website, the same infor I discussed with the leasing mgr. If I was misinformed, the leasing agent never said, because I asked several times. I need to know legally, what actions can I take if they fail to honor the promise?


Asked on 10/22/01, 2:40 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Is the website information legally binding?

If the website made the representations as you state, it may be you have a Deceptive Trade Practice Action against them if they do not release you from the lease, assuming you complied with the timely notice provisions you outlined. Larry Maun 713.661.7411

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Answered on 11/26/01, 11:49 am


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