Laws may get another look after refunds were hard to get for renters hit by Hurricane Florence
The North Carolina Real Estate Commission has received more than 100 complaints from renters unable to get a refund or exchange for a vacation rental unavailable due to Hurricane Florence.
Posted — UpdatedIn October, Fred Moreno, chief deputy attorney of the North Carolina Real Estate Commission, told WRAL that under the law, after a storm if a vacation home is significantly damaged or inaccessible, regardless of whether the renters bought insurance, they are entitled to a comparable home at the same cost or a refund.
After 5 On Your Side explained the law right after Hurricane Florence, more families reached out to say they were finding that refund hard to get. Nine renters who complained to 5 On Your Side saw a total of $28,729 in rental payments not refunded.
Mark Hogan of Chapel Hill paid $4,700 to spend two weeks in Surf City this fall. He planned to celebrate his anniversary.
After Hurricane Florence hit the area hard, he called the property manager at Treasure Realty and got a confusing response.
Hogan says he was told "...all rentals have been suspended for the foreseeable future, nobody is allowed. We're not renting, we're not doing anything."
Hogan asked whether that meant his contract was canceled and, he says, he was told that was not the case.
When he asked about a refund, Hogan says Treasure Realty told him that since he didn't purchase rental insurance, they were not required to refund any of his money.
The North Carolina Real Estate Commission has received more than 100 similar complaints.
When 5 On Your Side contacted the commission about the additional complaints, Chief Attorney Janet Thoren said, "We want people taken care of," but added, "there may have to be some legal interpretations of the Vacation Rental Act. It may be that we need to make some changes to the language in the act to adjust for the situation that's occurred here."
Hogan agrees the law needs clarification.
"There's a lot of gray area, which, you know, when things are good the gray areas really don't matter," Hogan said. "It's when the chips are down, that's when it comes out and haunts you."
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