I signed a contract two days ago with a property manager to lease out our home. He has no showed to list take pictures of our home and will not answer his phone. What can I do to get out of this contract?
Construction / Development Lawyer
You need to establish a paper trail of non-performance and breach of contract. First, review the contract to see what it states about what the manager is to do, and when the manager is supposed to do it. You then need to write to set out your expectations and to demand appropriate performance and to demand that the manager honor the contract obligations. It is best to send letters by certified mail, return receipt requested.
Keep in mind that under Texas law if there is no contractual time provisions for performance, the manager would have a reasonable amount of time. So, you need to establish that the manager's performance is not reasonable. You would be best served by retaining an attorney to review your paperwork and to assist in writing your letters to the manager.
Since you are in the Dallas area, you may wish to take advantage of my free hour of consultation for new clients. If you make an appointment, please bring copies of your pertinent paperwork.
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1 lawyer agrees
First, it would depend upon the contract and what the property management company told you. If the contract stated that the manager would take pictures within two days, then you may have the ability to claim a breach of contract, however the contract may include notice requirements and a cure period. If it was silent on taking pictures or the date on which it would be listed, then a reasonable time would be required. My assumption is that two days would not be long enough. You could have some additional complaints if the property management company told you the home would be advertised with pictures within two days, but the claims are much weaker than the actual contract.
Keep peppering the property management company with requests until it performs and returns your correspondence. If it isn't cured within a week or two, then you should consider contacting an attorney.
The above statements are provided as general information and not intended as legal advice. Each matter has its own set of unique circumstances that cannot be adequately addressed without consultation. You are strongly advised to hire an attorney licensed to practice law in your state to represent you.
Intellectual Property Law Attorney
You need to read the contract and see if there is a resention period. Under certain conditions and contract may be cancelled by the signer for a short time period, the "cooling off period." This would apply to salesmen whom come to your home or instigate the contract without solicitation. Without specifics of your situation, I cannot advise you further, but you should see a lawyer immediately because those time frames discussed above are usually on the order of a couple of days.
I am an attorney licensed to practice in Texas, Louisiana and before the United States Patent and Trademark Office. Laws vary from jurisdiction to jurisdiction and the above may not be an accurate assessment of the laws for your area. The above should be taken as general guidance and not specific legal advice. For specific legal advice you should seek a licensed attorney in your jurisdiction practicing in the area specific to your issue. The above does not constitute or establish an attorney client relationship. If you wish to receive specific advice about your legal issue, then contact my office to schedule a personal consultation.