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#92439 03/31/2016 01:10 PM
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We have rented a villa on VG, Leverick Bay for April 16-30, we were just notified that it has been sold and should settle any day, the new owner is not renting it. We have been given a few alternative villas but all are more expensive and WE are expected to pay the additional costs. This doesn't seem fair to us. Shouldn't the new owner have to honor a prior booking? Or pay for us to stay elsewhere? Obviously this being only 2 weeks away choices are slim.


Kathy

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I would call the Tourist Board and ask their advice. That is certainly not fair treatment in my book, but if you booked direct rather than through a broker, you may not have any recourse.

If you did book through a broker or agent, put the heat to their feet to find you something comparable at the same rate. Do you have a contract? If so, what does it say about cancellations?

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We booked directly with the owner through VRBO. The contract only talks about the possibility of us cancelling not them. I have tried to contact the owner but she has not responded to my email, I have also left a VM message.


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Can you tell us how many bedrooms you need, pool or not, on the water, etc. Also, your budget, maybe someone can help, but need more information.


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There is just the 2 of us, so 1 BR and a pool.


Kathy

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We are on VRBO..they should take care of this..in the meantime talk to Monzi at Leverick..we could take of you here at CRC probably but no pool and we are on Tortola..( full beach right now BTW)..

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VRBO and Homeaway (the parent company) used to offer rental insurance ("Homeaway's Carefree Rental Guarantee") for situations like this. I don't suppose you purchased it?


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Sorry for your problem but your contract was with the former owners and from what you say they will no longer have a villa available to rent. The new owner has decided not to rent out the villa and is under no obligation to rent out the villa unless it was specifically required under the purchase contract (I am guessing it was not).

Your only recourse is to get a refund of the rental you've paid in advance.

Unless you specifically have it in writing neither the former owner or the new buyer is obligated to pay any additional costs you might incur renting a different villa.

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I am no BVI lawyer... but in just about any place in the world the only case anyone would have is to legally pursue the person or company who rented the place to you. Read your agreement with the bodies you did the deal with. The new owner would only have an obligation if you traveled to the courthouse and registered your lease against the title. No idea if that is even possible in the BVI, that is the only way to protect yourself when it comes to renting or leasing property in most US jurisdictions. One other level of protection when it comes to hotels and temporary housing is to always use American Express. American Express does have some rules and benefits to us the members when we are denied our "reservation". Again your rental agreement should be your roadmap here. What was said verbally means nothing. Only the agreement(s) signed by both parties matters.

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Quote
snowdog said:
VRBO and Homeaway (the parent company) used to offer rental insurance ("Homeaway's Carefree Rental Guarantee") for situations like this. I don't suppose you purchased it?


I just looked and VRBO still offers that guarantee. The OP also didn't say if the owner was going to refund the amount paid or apply it to the new rental. Seems like the major concern is that they have to find a different, likely more expensive villa, and pay the upcharge??

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Please share the name of the Villa.

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They should of told you long ago. If they sold to non-belonger it would take up to 9 months .If a local bought it still will take about 3 months.
I sold to a local last year and it took 3 months.
I told my bookings months before.

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Having owned a villa in Leverick Bay, it generally takes 18-plus months to buy/sell for non-belongers so I would be surprised if it took less time There seems that you do have recourlese especially if you rented through a "rental agent" or even Virgin Gorda Villa Rentals.


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How about L'il Blue in Leverick Bay? It looks to be available for your entire timeframe. I haven't stayed there, but we are thinking about it for our next trip. Pool, on the beach, A/C. And less $$$ than the other place you had rented.

Good luck!

Katie

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The villa we had rented was Seascape. We have heard from the owner and are working with her to find other accommodations.


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Are they refunding your deposit/payment?

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I believe this situation can simply be chalked up to the nuances of this nation.
I'll bet the owner had the sale long, long before... but could not depend on a closing... that's how things work here.
So, if closing is not certain.. carry on business as usual...
and, Nauticall got caught in those... once in a blue-moon situations.
That being said - the seller is no doubt ecstatic at the sale actually happening.... and perhaps therefore willing to share the pain a little bit.

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Luckily for us we were dealing with a very concerned owner. Real estate agent, Chris Smith and Michelle of BVI Villa rentals worked with the owner and her attorney to find us another villa. The owner authorized an additional $1500 toward another villa. And Michelle offered a discount on a few villas that she had available. We are now booked at Seaglass Villa in Nail Bay with no additional out of pocket cost to us.


Kathy

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