A vacation home is being rented out [independently] by a real estate agent on weekly terms in Cape Cod, MA. During a phone conversation, my friend and the real estate agent agreed to a one time weekend rental at a rate of $1100. The rental agent declared that full payment was due immediately. My friend mailed the check which was cashed by the agent, but the agent delayed in sending the lease. A week after the initial phone call/verbal agreement, my friend canceled the rental reservation for personal reasons and asked for a refund of $1000, less $100 for the real estate agents "trouble".
The cancellation occurred 1 week after the initial agreement and 2 months before the weekend of the reservation. The real estate agent is now refusing to refund the money and has offered only 50% (after an argument on the phone). He has delayed even this response for about a month. Does my friend have a right to be refunded the entire $1100? A lease, nor anything else was never signed and the property will not be rented. 60 days notice was given even though they had never discussed any type of cancellation policy.
The cancellation occurred 1 week after the initial agreement and 2 months before the weekend of the reservation. The real estate agent is now refusing to refund the money and has offered only 50% (after an argument on the phone). He has delayed even this response for about a month. Does my friend have a right to be refunded the entire $1100? A lease, nor anything else was never signed and the property will not be rented. 60 days notice was given even though they had never discussed any type of cancellation policy.
