Honeoye Falls, NY asked in Real Estate Law for New York

Q: Florida short term vacation rental will not reimburse my stay even after governor issued state of emergency & travel ban

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: Unfortunately, this situation is arising in many settings due to COVID-19. The outcome can depend on how the underlying contract has been drafted - it definitions, force majeure clauses, and how those elements could be interpreted, along with traditional contract law issues such as impossibility, frustration of purpose, and others. Since the situations tend to hinge on the specific terms of the given contract, one option could be to try to arrange a quick and limited review of the contract with an attorney. Good luck

Tim Akpinar

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: Addendum - Many contracts will include forum selection clauses. They can dictate terms as to what forum will be used to resolve disputes or what jurisdiction's courts will be used. If you are going to invest in a consult with an attorney, check if the contract has a forum selection clause stipulating which state's laws will apply - it would make sense to consult with an attorney in that state, as the laws of that state would govern. Good luck

Tim Akpinar

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