Asked in Consumer Law, Contracts and Real Estate Law for South Carolina

Q: Do we have any rights as a renter for what we considered false advertisement?

We rented a home with a dock on the inlet for the sole purpose of fishing and water activities but when we arrived, the dock had been torn down and under construction. There is no access to the water due to the construction material along the entire inlet wall. No communication was made to us before arrival. We discovered this when we arrived for our vacation. Should we be able to get some type of refund legally speaking?

1 Lawyer Answer
D. Nathan Davis
D. Nathan Davis
  • Consumer Law Lawyer
  • Licensed in South Carolina

A: The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity.

You should contact the landlord and let him or her know of your dissatisfaction. They should be willing to pay you for the value of the lost amenity. This would likely not be the entire value of the rent, but, some portion of the rent.

Hopefully, you will be able to reach a resolution with the owner short of a lawsuit.

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