Legal Question in Real Estate Law in Virginia
Procedures for renting a clubhouse from your complex?
I live in Virginia and I reserved the clubhouse in February 2003 for May 18, 2003. The procedure last year was to come in the Friday before the sceduled use of the clubhouse to give the deposit and sign the agreement. On May 12, 2003 someone came in and gave a deposit for the clubhouse, but it was assumed by the person in the office that the deposit was for me and it was not. Now there is a situation cause by the rental office because they did not check the calendar nor did they ask whom the check was for. Now I cannot use the clubhouse. I have 35 people coming to the celebration. Also I have reserved chairs, tables and placed an order for food. I do not have a place for my celebtation. Can I sue my complex? If so, what would be the grounds?
Thank you in advance
1 Answer from Attorneys
Re: Procedures for renting a clubhouse from your complex?
If there was no enforceable contract between you
and the complex prior to the agreement which was mistakenly effected May 12, 2003, apparently, through an oversight of the rental office, you would have no basis for a lawsuit.
It is doubtful that the reservation which you made back in February would have the necessary elements for an enforceable contract and, therefore, despite their obvious negligence, it would appear that you would have no basis to bring an action against the complex for the
losses which you may be about to incur.