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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111502
Experience:  Attorney with over 24 years experience.
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I rented a vacation house in Hawaii week recently. When

Customer Question

I rented a vacation house in Hawaii for a week recently. When I arrived the house had been changed to a duplex and I found out I was sharing the property. Also we were promised a game room with a pool table, ping pong table, and fooseball table which was missing as it was turned into the second residence. The hot tub we were promised was not working, it was moved and appeared to not even be connected to the electrical. We were also told there would be 2 kayaks and 2 paddle boards which were not provided.
Do I have any recourse for getting my money back based on not getting what I was promised?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. If it was not disclosed to you that you would be sharing a duplex and the property was misrepresented, you would have to file a suit in small claims court in Hawaii against them if the management will not offer a reduced price or refund. Unfortunately, once your credit card refuses to do a charge back and if the manager will not negotiate, you would have to file suit in court in Hawaii and as part of your breach of contract suit for misrepresentation, you can also argue fraud and unfair and deceptive business practices under Hawaii Revised Statutes § 480-2. If you prove unfair and deceptive practices against them for advertising that has a “capacity to mislead,” then you can get triple damages plus attorney's fees under the unfair and deceptive practices act (480-2), plus you can recover attorney's fees as well.Since attorney's fees are recoverable as part of your damages, you can contact a local Hawaii Consumer Protection attorney at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com and file suit against them if the manager will not negotiate this any further.Additionally, as part of your negotiation, you can tell the manager your next step would be filing a complaint with the HI Department of Consumer Affairs ( http://cca.hawaii.gov/)/for their deceptive advertising and if they still will not negotiate file the complaint and then if the Consumer Affairs department cannot resolve it, you can get a HI attorney and sue.

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