Can an owner change the price of an accepted and confirmed lease rental agreement for a vacation condo?
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Can an owner change the price of an accepted and confirmed lease rental agreement for a vacation condo?
The owner of the condo is claiming that on the site I booked it, the price was incorrect. Yet, the process as I understand it (for that site), is that the reservation is not confirmed until the owner does so and I get an email stating such. I did get that email. However, I then think they realized they want more money for that week (as supposedly is listed correctly on another site) and are saying they won’t accept our previous agreement.
Asked on April 20, 2012 under Real Estate Law, Oklahoma
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A lease is a contract between landlord and tenant. A valid contract requires an offer and an acceptance which occurred. If you did not know and had no reason to know of the mistake in the price, you have a valid contract and can enforce the contract at the stated price.
In addition, since the contract required the owner to confirm the reservation and send you the e-mail confirmation which the owner did, you have a valid, enforceable contract at the stated price. You can sue the owner for breach of contract.
You can recover damages (monetary compensation) in your lawsuit for breach of contract. An alternative would be the equitable remedy of specific perfomance which would require the owner to comply with the terms of the contract.
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