I applied for an apartment unit and now am in a dispute. Now does my situation fall under fraud and misrepresentation of material fact and does that make a contract signed without knowing these facts voidable? I never would have applied if that unit were not available, because the other units were not satistfactory. They showed me a specific unit with intent to lease out that unit and made me an offer. I accepted the offer when the offer was still on the table and did put down a deposit in good faith. Also, I understand that no official lease has been signed at this point. The application had a term in it that the complex is not obligated to give us that unit and that this is just a application. However, the application was very clear as to what unit we were applying for, the rental rate, and the move-in date. At no point was their any indication of an error in their listings and were told all was in order. Now we are told that due to forgetfulness, the agent accidentally showed us an apartment that was in the prior weeks decided by the complex not to be leased out and should not have been shown to us. I was told that the apartment would actually like to rent it out at a higher rate, and if I want that apartment I could rent at a higher rate. They also allowed me to pick another unit, but none were satisfactory and I did not apply for them. Now because I signed off on the terms of an application under misrepresentation of material fact meaning if they had disclose to me that this unit was not on the market, or not shown the unit to me at all I would have never applied and consented to the contract. The apartment had no intent to actually lease out the unit when I was shown the unit. Is my contract voidable? They intent to keep a nonrefundable application fee that they said I sign off in the application, but again, under false misrepresentation. Am I not obligated to those terms set forth in that application? Better yet did they breach their half of the agreement? Can I collect on the nonrefundable application fee, because I would not have consented to those terms otherwise? Thanks in advance.