Legal Question in Real Estate Law in Virginia

Townhouse Rental

I live in VA and recently we put a deposit down on a rental townhouse. This is a complex (similar to an apartment situation, only townhouses instead). It's brand new building and most houses aren't even complete. When we put in our application and $200 it was with the understanding that we would be getting 595 Legacy Pride Drive. That is the home we picked out. We were told by the leasing agent (and I think property manager) that this townhouse would be held until the end of July. When we went back a few days later (since we hadn't heard from them) we were told the could no longer hold the townhouse that long and *maybe* we could get another one in a different section. We don't like the other section and that's not what we agreed on. There is some small print (on the new price lists...we still have the original from when we went in) that now says they can't do it. But, it wasn't on the original list and we were told we could have that particular townhouse and that it would be held for us until the end of July. What are our rights? We want to rent the original house we picked, not be up in the air about a townhouse we don't really care for. Also, they have cashed our check.

Thanks.


Asked on 4/05/02, 7:26 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Townhouse Rental

Forget about renting the townhouse of your preference; it's simply not going to happen.

Write a demand letter requesting the immediate return of your $200.00.

File your suit in small claims court if the full amount of your deposit is not fortcoming.

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Answered on 4/05/02, 4:07 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Townhouse Rental

Addendum to previous answer: Before filing your small claims court lawsuit to secure the return of your deposit, you could also file a complaint with your local consumer affairs agency

and also with the state real estate commission that regulates real estate brokers and agents.

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Answered on 4/05/02, 5:50 pm


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