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I think I know the answer to this question already, but I would like
to be sure.
A friend of mine has moved into a new apartment. He was told verbally
that electricity and gas were included in the montly rental, he signed
the lease agreement, but when he was sent a copy of it, it said that
electricity and gas were NOT included. He was VERY silly not to have
read the agreement before signing it, but it's done now :o(
Does he have a leg to stand on?
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In article <1p88u05i38pc3k62nifkgvd8fcoaovrtqc@4ax.com>,
jennykelly@gmail.com (Jenny) wrote:
A friend of mine has moved into a new apartment. He was told verbally
that electricity and gas were included in the montly rental, he signed
the lease agreement, but when he was sent a copy of it, it said that
electricity and gas were NOT included. He was VERY silly not to have
read the agreement before signing it, but it's done now :o(
There are no verbal agreements with real estate. The only
thing that matters is what is written down and signed. The
are such things as verbal contracts, but they do not apply
when real estate is involved.
-john-
--
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John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
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"Jenny" wrote in misc.legal.moderated:
A friend of mine has moved into a new apartment. He was told verbally
that electricity and gas were included in the montly rental, he signed
the lease agreement, but when he was sent a copy of it, it said that
electricity and gas were NOT included. He was VERY silly not to have
read the agreement before signing it, but it's done now :o(
Does he have a leg to stand on?
Unless he's got a witness, no.
Even if he has a witness, perhaps not. Many leases contain language
similar to "This is the whole agreement between the parties and any
other representations or agreements are void."
Unfortunately, I think your friend has just had an expensive lesson.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
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In article <582bu017di39k0lm5t945u2n219f88hhdb@4ax.com>,
Stan Brown <the_stan_brown@fastmail.fm> wrote:
"Jenny" wrote in misc.legal.moderated:
Unless he's got a witness, no.
Even if he has a witness, perhaps not. Many leases contain language
similar to "This is the whole agreement between the parties and any
other representations or agreements are void."
Unfortunately, I think your friend has just had an expensive lesson.
If he has a witness, might he have a case for fraud or false
advertising to induce him to sign the lease?
Seth
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<<There are no verbal agreements with real estate. The only
thing that matters is what is written down and signed. The
are such things as verbal contracts, but they do not apply
when real estate is involved.
-john->>
Not true in NY State. Month-to-month tenancies can be recognized and
enforceable.
Steve F
(admitted in NY and FL)
SEFSTRAT
solo webpage: http://members.aol.com/sefstrat/index.html/sefpage.html
band webpage: www.timebanditsrock.com
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<<"Jenny" wrote in misc.legal.moderated:
A friend of mine has moved into a new apartment. He was told verbally
that electricity and gas were included in the montly rental, he signed
the lease agreement, but when he was sent a copy of it, it said that
electricity and gas were NOT included. He was VERY silly not to have
read the agreement before signing it, but it's done now :o(>>
If the written agreement contains an "integration clause" ("this is the whole
agreement, there are no other agreements, etc...), he's sunk.
Why would he sign something like that when it was contrary to his underst---oh,
never mind.
Steve F
(admitted in NY and FL)
The foregoing information is NOT legal advice; it is merely comment made in
accordance with general legal principles, and does not establish an attorney
client relationship. For more information contact an attorney licensed to
practice in your state.
SEFSTRAT
solo webpage: http://members.aol.com/sefstrat/index.html/sefpage.html
band webpage: www.timebanditsrock.com
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John A. Weeks III wrote:
In article <1p88u05i38pc3k62nifkgvd8fcoaovrtqc@4ax.com>,
jennykelly@gmail.com (Jenny) wrote:
There are no verbal agreements with real estate.
That doesn't apply (in all states) for rental contracts of under
a year duration, which may apply to the OP's friend's problem.
He also may have grounds for a fraud claim, but would have
to prove that the person who told him that utilities were
included KNEW that to be false.
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
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