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Old 10-17-2011, 10:23 AM
 
Location: Bend, OR
3,296 posts, read 8,443,011 times
Reputation: 3321

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I'm hoping someone has some suggestions as to what I can do. I rented a vacation rental home, which I found through another person on VRBO.com, for the Thanksgiving holiday. I paid the home in full and have a contract with the owner for our stay. I just received an email yesterday that plans have changed and they will no longer be able to rent the home to us and will be sending us our money back. However, at this point, we are unable to find another vacation rental home that suites our needs considering this is over the Thanksgiving holiday. When I emailed the owner back telling her that I was upset over this she responded that it was a financial situation and they decided renting the home as a vacation place wasn't profitable. There is no clause in the contract about her cancelling, only about us cancelling.

The only houses I've found at this point are at least $30/more per night, and some are upwards of $100/more per night.

Has anyone had this happen? Is there anything I can do about it?
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Old 10-17-2011, 11:27 AM
 
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
22,537 posts, read 39,914,033 times
Reputation: 23641
You were getting a vacation home over Thanksgiving for less than $100 / night !!

I would say that is not profitable for lessor. You will need to check with VRBO for their policy, but I doubt there is recourse (also depending on how contract was written).

There are contractual obligations for each party, but whether these are enforceable in your situation, I am not sure. If they promptly return your total payment, I doubt you have any grounds for demand of satisfaction of contract. Your local Community college may have an attorney as Business Law instructor, they might shed some light on it.
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Old 10-17-2011, 01:49 PM
 
Location: Bend, OR
3,296 posts, read 8,443,011 times
Reputation: 3321
Quote:
Originally Posted by StealthRabbit View Post
You were getting a vacation home over Thanksgiving for less than $100 / night !!

I would say that is not profitable for lessor. You will need to check with VRBO for their policy, but I doubt there is recourse (also depending on how contract was written).

There are contractual obligations for each party, but whether these are enforceable in your situation, I am not sure. If they promptly return your total payment, I doubt you have any grounds for demand of satisfaction of contract. Your local Community college may have an attorney as Business Law instructor, they might shed some light on it.
I wish! No, I'm just saying all the available homes right now are at least $30 more per night, and some are upwards of $100 more per night, which puts us way over our budget!

I feel like I'm screwed on this and it just plain sucks. It seems that if we have a legal contract, they should hold up their end of the bargain. I may be able to take them to small claims court, but I'd have to do that in Montana, which wouldn't be worth it. I've looked in vrbo and there just an outlet for people to post their homes. They claim no liability with anything.

It just baffles me that a contract would require us to forfeit the entire payment if we don't hold up our end of the contract, even with adequate notice, but there is nothing that can be done if the owner decides to change their mind.

I'll look into some free legal advice on this, especially if I can't find anything else. I learned a valuable lesson, I guess.
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Old 10-17-2011, 03:20 PM
 
4,919 posts, read 19,847,461 times
Reputation: 6215
The contract will usually say under which state laws the contract is enforcable. So if its montana, you need to read montana contract laws and landlord tenant laws to see where you fit in the picture.
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Old 10-17-2011, 05:24 PM
 
Location: Destrehan, Louisiana
2,192 posts, read 6,223,264 times
Reputation: 3617
Total BS.

I deal with contracts everyday and can tell you that they are all enforceable in every state.

Looks like the owners found out that they listed to low and have found someone else that is willing to pay more.

Contact them and tell them you are willing to back out of the contract as long as they are will to pay the difference in what it will cost you to rebook someplace else.

Be frank with them and tell them that you are not willing to renegotiate this offer on there terms because you have a binding contract in place with them.

If they don't give in then ask them for an address that you can have them served at and follow through.

I would even go as far as sending them a certified letter as a formal request. Make them understand that you mean business and expect them to honer the contract they signed.

busta
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Old 10-17-2011, 10:58 PM
 
Location: Bend, OR
3,296 posts, read 8,443,011 times
Reputation: 3321
Quote:
Originally Posted by bustaduke View Post
Total BS.

I deal with contracts everyday and can tell you that they are all enforceable in every state.

Looks like the owners found out that they listed to low and have found someone else that is willing to pay more.

Contact them and tell them you are willing to back out of the contract as long as they are will to pay the difference in what it will cost you to rebook someplace else.

Be frank with them and tell them that you are not willing to renegotiate this offer on there terms because you have a binding contract in place with them.

If they don't give in then ask them for an address that you can have them served at and follow through.

I would even go as far as sending them a certified letter as a formal request. Make them understand that you mean business and expect them to honer the contract they signed.

busta
I agree, this is total BS! I just found another rental place that will work for us, but at this point my money is tied up with the other landlord. When I asked today when I will receive my check I was told that "historically, funds that are drawn from the account are done so on the 21st and so the bank should probably issue a check then." I'm so peeved!
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Old 10-19-2011, 01:21 AM
 
Location: Jacksonville/Afghanistan
328 posts, read 574,138 times
Reputation: 276
I've had luck finding great places on Airbnb.com

VRBO.com has always give me problems along with being overpriced.
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Old 10-19-2011, 02:51 PM
 
Location: Bend, OR
3,296 posts, read 8,443,011 times
Reputation: 3321
Quote:
Originally Posted by Budke View Post
I've had luck finding great places on Airbnb.com

VRBO.com has always give me problems along with being overpriced.
I'd never heard of this site until a few days ago. I found another place there, although I would say the price was the same with the fee airbnb charges, but at least I have a place.

I've rented several homes on vrbo over the years and this is the first problem I've encountered. Needless to say, I've learned some lessons.
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Old 10-19-2011, 03:30 PM
 
4,919 posts, read 19,847,461 times
Reputation: 6215
Quote:
Originally Posted by delta07 View Post
I agree, this is total BS! I just found another rental place that will work for us, but at this point my money is tied up with the other landlord. When I asked today when I will receive my check I was told that "historically, funds that are drawn from the account are done so on the 21st and so the bank should probably issue a check then." I'm so peeved!
First thing is you need to find out (if in the USA) if your type of rental is covered under that states's landlord tenant laws. If so, they usually have very specific laws governing security and advance payment of rent deposits and when and how they must be returned. You can go to CD's renting forum http://www.city-data.com/forum/renting/ and there is a sticky that links many state laws.
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