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patricia9 · Jan 4, 2010, 01:05 PM

I was to be a renter (RV owner renting space to live on the property) and gave before I moved in a deposit and the property owner (of house and land) was to put in amenities we had agreed to... sewage dump line, internet, water electricity. Property owner aside from agreeing to those amenities wanted me in to rent and my RV was too long to make the corner off the driveway onto the property and promised (I have all the emails regarding everything that took place and her agreements) to remove a tree, fence and tighten a corner of another fence... two day before I was to move in only the corner fence was tightened nothing else.. I found the property was in foreclosure BEFORE she contacted me to be a renter and accepted my money in good faith (on my part) I again have ALL the emails, agreements and after all the upset her agreement to pay me the money back in two emails and also an email stating it was "ok if I didn't want to move in" "Whatever works best for you" (meaning me). Is this fraud or a case for small claims court?

patricia9 · Jan 5, 2010, 11:41 AM

Originally Posted by patricia9

I was to be a renter (RV owner renting space to live on the property) and gave before I moved in a deposit and the property owner (of house and land) was to put in amenities we had agreed to...sewage dump line, internet, water electricity. Property owner aside from agreeing to those amenities wanted me in to rent and my RV was too long to make the corner off the driveway onto the property and promised (I have all the emails regarding everything that took place and her agreements) to remove a tree, fence and tighten a corner of another fence...two day before I was to move in only the corner fence was tightened nothing else.. I found the property was in foreclosure BEFORE she contacted me to be a renter and accepted my money in good faith (on my part) I again have ALL the emails, agreements and after all the upset her agreement to pay me the money back in two emails and also an email stating it was "ok if I didn't want to move in" "Whatever works best for you" (meaning me). Is this fraud or a case for small claims court?

Addendum: I see it as her not disclosing the fact that her property was to go up for auction 16 days after I was to move in, denied me my right to make an informed decision as to whether to rent or not.

ScottGem · Jan 5, 2010, 02:46 PM

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

Its not fraud but might be a case for small claims. A foreclosure may be staved off right up to the day of auction. Its possible the rental would have been used to prevent foreclosure. There is no fraud in not disclosing that fact.

By not making the changes agreed to, she is in breach of the contract and you have the right to back out with a refund of all monies. You can sue her for additional costs incurred because she reneged on the agreement.