Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
We returned to Hilton head on another trip two months later and learned that the apartments we had been shown in order to sell us on them have not been offered for sale but are for so called development weeks. The contract we signed simply gives a number of a unit which we had not been shown. These in no way resemble the unit we were shown and were told we had purchased and would be staying in.
If the unit you purchased is not the unit you recieved you can terminate the contract and sue for fraud. I would make it clear that unless the contract was voided, your first call will be to the State Attorney General - fraud section.
If you get no satisfaction there, you can file a civil suit to rescind and to seek whatever damages you suffered.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
This is not a mistake or a clerical error. Neither is it bait and switch which is where you lure someone in on a low price and then switch them to something else. The person switched knows they are not buying what they originally came in for. What you are is the victim of outright fraud. You can seek to rescind the purchase or if there are units still available, insist that you get what was represented that you purchased. Do not delay in taking one or more of the actions described in my answer now that you know what has occurred.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).