KEITH BRADLEY
‘Caveat emptor’

Thousands of visitors will flock to Cape Cod and other Bay State vacation destinations this summer. But for some who decide to rent a cottage or condo with dreams of spending relaxing hours by the seaside, the dream can turn to a nightmare once they realize that the property they rented doesn’t match the glowing description they’ve read in a newspaper ad or on the Internet.

Even worse, some vacationers will make a deposit to reserve a property, only to arrive at their vacation spot and discover that the home doesn’t exist.

These are some of the ugly realities that some unlucky vacationers and local real estate agents have encountered on the Cape.

Marietta Nilson, a buyer’s broker in Harwich, said she recently worked with a woman who saw an ad for an Eastham home on the Internet and mailed a check to a Canadian company to reserve it. The check was cashed but the woman later found out the home wasn’t available.

“You just can’t imagine how upset she is about it,” said Nilson, who has been a Realtor for 25 years.

Experienced rental agents and consumer advocates say there are several precautions people can take to protect themselves from such scams. The Massachusetts Office of Consumer Affairs and Business Regulation warns consumers that laws related to regular rentals, including the law pertaining to security deposits, don’t apply to homes that are rented for 100 days or less. The office also cautions vacationers to be very careful with Internet transactions.

In addition, the office advises people to get recommendations from family and friends, to view a rental property in person whenever possible and to ask plenty of questions during the process of securing a vacation rental. Consumers should also get agreements in writing and review them carefully, according to the Office of Consumer Affairs, and use credit cards because if there is a dispute it is more difficult to get money back if cash or checks are used.

Cape real estate agents say the best way to prevent being defrauded is to rent a property through an experienced and licensed real estate broker or rental agent.

“It’s caveat emptor,” said Keith Bradley, immediate past president of the Cape Cod & Islands Association of Realtors and a Realtor at The Real Estate Co. in Brewster. “It’s another good reason why a renter or owner should be using a Realtor … When you have a Realtor involved you have someone who is accountable.”

More consumers are now using the Internet to help find vacation rentals. And with plenty of for-rent-by-owner Web sites now available, some private property owners are also turning to the Internet to rent their homes without the assistance of an agent.

While exposure on such Web sites can help homeowners get their properties rented, problems can arise. According to Realtors, there have been cases where an advertised property ends up on a site without the owner’s knowledge or permission. That can be particularly problematic if the property is misrepresented.

“The Internet is a wonderful thing but it’s very difficult to police,” said Bradley.

In the case involving the Canadian company that Nilson encountered recently, the woman who was seeking a vacation rental tried to search for another home on the Internet and stumbled across a photo of the same property she had attempted to rent earlier on another Web site. When she contacted the property owner, the homeowner was surprised about the unauthorized representation of her home on the Canadian company’s site, according to Nilson.

“The Internet made it easier for owners to present their houses and deal directly with the public, and I’m not against that,” said Nilson. However, Nilson said landlords and renters must be cautious. Nilson recommends that vacationers ask for references and check with the local chamber of commerce to confirm whether a company or property owner is legitimate.

“These are common-sense things,” she said.

Hotline Help

At least three times a year, rental agent Beth Cronin encounters renters who have been so disappointed with a home they’ve rented on their own that they either spend money to rent a new place altogether or they vow to use her services in the future.

Cronin, manager of Atlantic Rentals in Brewster, which is a part of Coldwell Banker Atlantic Realty, said visitors who try to save money by renting a Cape property they’ve seen on a Web site or in a newspaper ad without contacting a rental agent often don’t realize that they might be setting themselves up for a big let-down.

“They [private property owners] don’t have to abide by the same rules and regulations that licensed agents have to,” said Cronin.

Cronin’s office is located in the heart of Brewster’s Ocean Edge Resort, which has three outdoor pools. Cronin said she has heard complaints from several renters who didn’t work with agents and were misled into believing that pool passes came with their rental property.

“Then they come here and find out that they have to pay for a pool pass,” she said.

The Office of Consumer Affairs has received 37 complaints associated with vacation rentals in the past year. The office has a hotline that consumers can call. Depending on the complaint reported to the office, consumers are advised to either write a letter to the landlord or company demanding some type of refund or they are referred to the attorney general’s office or the Better Business Bureau.

In some cases, people may be advised to write what’s known as a 30-day demand letter and send it to the landlord or company. When consumers have a problem and believe a property owner has engaged in an unfair or deceptive practice that is a violation of the Massachusetts Consumer Protection Act, they must send a 30-day demand letter – a letter that is sent 30 days before filing a claim in court. It must outline the complaint, the harm suffered and how the writer wants the problem resolved. The letter is intended to encourage a merchant to negotiate or settle the complaint out of court, according to the Office of Consumer Affairs.