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I discussed with you about contract to lease agreement

Customer Question
Hello,I discussed with you about...
Hello,I discussed with you about contract to lease agreement breaking by the tenant before moving in and I didnt take off the ad from the market after the contract. Tenant replied like this:
"Please let me know what the status is regarding deposit. Our client could not have caused any harm to your client as this was never taken off active status despite being under contract. Our counsel advises that we have grounds for the return of funds.
They would likely be willing to surrender ½ their deposit peacefully or they will fight for full return of 100% of their funds. Both parties will incur costs to do so. Let’s help both parties resolve this amicably"
Submitted: 7 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
11/16/2017
Real Estate Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,313
Experience: 30 years of real estate practice experience.
Verified

It is up to you. A lease is valid and binding from the moment it is signed. Regardless of whether it was still being marketed, you had a valid lease and could not have entered into a new lease without a release of the original lease.

So, the fact that the ad was still running is irrelevant to the enforceability of the lease.

You can settle with them if you want, but you are entitled to enforce the lease signed by the tenants.

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Real Estate Lawyer: Loren, Lawyer replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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Category: Real Estate Law
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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).

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