questions & answers

Question: paid application fee (30.00), and was approved during special of 99.00 per month advertisement. Contacted mgmt, then was told there was nothing available, requested return of 30.00 app fee (denied)told non-refundable. How can they take a app or a fee if nothing is available. When lot came available, because of timing had no choice but to take, but we were told rent was now 295.00 instead of 99.00 even after being approved at special offering but nothing available. Do I have any recourse, and now 7 months later 99.00 special is available. Any Help would be great. thanks for the help

Answer:

Because consumer fraud cases can present difficult challenges and possibly require court hearings, it might be best to consult with an attorney. The following is offered to provide the relevant Arizona statutes concerning this situation and present multiple options for further action. Title 44 of the Arizona Revised Statutes  provides the Arizona law for matters related to advertising (Chapter 10), rental-purchase agreements (Chapter 22), and home solicitations (Chapter 15), in addition to various other consumer issues pertinent to trade and commerce. Please refer to Title 44 for any further questions or clarification. ARS 44-1481 addresses fraudulent advertising practices.

A person is guilty of a class 3 misdemeanor who: 1) Knowingly and with the intent to sell to the public real or personal property or services, or to induce the public to acquire an interest therein, makes and publishes an advertisement, either printed or by public outcry or proclamation, or otherwise, containing any false, fraudulent, deceptive or misleading representations in respect to such property or services, or the manner of its sale or distribution. 2) Publishes, circulates or disseminates any statement or assertion of fact concerning real estate which is known by him to be untrue, and which is made or disseminated with the intention of misleading.

The subsequent statutes provide information related to what course of action a person may take if he or she believes to be a victim of consumer fraud. Arizona Attorney General Tom Horne is responsible for protecting consumers against unlawful business practices and may be an additional resource. His website defines consumer fraud as “any deception, false statement, false pretense, false promise or misrepresentation made by a seller or advertiser of merchandise (real estate included).” This link provides information on how to file a complaint, and how to bring an action for a violation of the Consumer Fraud Act. Please consult Title 41, Chapter 9, Article 7 to determine if this situation is in violation of Arizona’s Fair Housing statutes. If so, there may be additional options for legal action.