I've been looking at this building for a few weeks, viewed some of the units and decided I liked it. I couldn't work out a deal with them because of the date they wanted my lease to begin, so I've been keeping my eye on their website as my current lease end date nears. In the meantime, I'd been working with a broker who showed me 5-6 apartments. The building I'd been watching popped up in his... [more]
I've been looking at this building for a few weeks, viewed some of the units and decided I liked it. I couldn't work out a deal with them because of the date they wanted my lease to begin, so I've been keeping my eye on their website as my current lease end date nears.
In the meantime, I'd been working with a broker who showed me 5-6 apartments. The building I'd been watching popped up in his search so we went back to take a look at what they had available. The terms he was telling me for the apartment did not match what I knew the apartment was listed for--no fee, one month free rent.
I put in my application without the broker since I could get better terms and am now being threatened with not getting the apartment. Am I legally obligated to pay his fee?
Thanks in advance for your help.
[less]
Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9877
Member since: Mar 2009
Who is doing the threatening?
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Response by kimmers1022
about 16 years ago
Posts: 4
Member since: Sep 2009
The broker and his firm. I received a follow-up email from the firm's presdient saying I am still obligated to continue the entire rental process through their firm and pay the fee since they showed me the apartment, even though I'd previously seen other units.
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Response by Rent_or_Buy
about 16 years ago
Posts: 165
Member since: Feb 2009
Out the broker/firm -- they can threaten you all they want - dont have a leg to stand on in a lawsuit
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Response by kimmers1022
about 16 years ago
Posts: 4
Member since: Sep 2009
The management company told me they're not in the business of screwing other brokers out of their commission. So I can either pay the fee and take the apartment or give up the one month free they were offering which will then go to the broker.
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Response by drdrd
about 16 years ago
Posts: 1905
Member since: Apr 2007
I think that your mistake was going with this broker to see the unit which you had previously seen on your own. I think you shot yourself in the foot there. Oops.
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Response by flatironj
about 16 years ago
Posts: 168
Member since: Apr 2009
I assume you signed an agreement with the broker showing you the unit. What did it say?
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Response by starfish
about 16 years ago
Posts: 249
Member since: Jul 2007
Hate to say it, but I agree with drdrd. Brokers make money by showing people apartments - he was doing his job and now wants to be paid for it. All you had to do was tell the broker you already saw the building and would deal with that particular building yourself. Take the deal the bldg offered or move on I think. Good luck.
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Response by kimmers1022
about 16 years ago
Posts: 4
Member since: Sep 2009
Thanks for the feedback guys. I didn't sign any agreement with the broker, but I understand drdrd and starfish's points.
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Response by modern
about 16 years ago
Posts: 887
Member since: Sep 2007
F@%# the broker. Only in NYC do they pull this crap.
You have no legal obligation or even moral, since you found the building on your own.
Write them a check and stop payment and let them sue you. Or pay and then file suit in smalls claim court against broker and/or landlord for extortion.
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Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9877
Member since: Mar 2009
modern,
Is he going to sign a lease on the building, or for a"generic apartment" with no apartment number on it? Or is he going to sing a lease on an apartment which he had not seen before, did not know about, and apparently didn't have any intentions of going back to the building to look and see if anything new came up?
Small claims court extortion claim? Wanna take a side bet on that one?
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Response by modern
about 16 years ago
Posts: 887
Member since: Sep 2007
In no other city in the US is the tenant expected to pay the broker. The landlord should pay them, always, and since he is trying to avoid paying by taking back the free month, I'd say just don't rent the place, it can stay vacant another month and he loses the fee.
Take a stand, renters! JUST SAY NO TO BROKER FEES!
(The actual claim would not be extortion but rather that you had no contractual obligation to pay the broker anything. Let the broker produce a document where you agree to pay. Which does not exist.)
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Response by apt23
about 16 years ago
Posts: 2041
Member since: Jul 2009
If the broker was going to charge you a one month fee and was clear with you about it, then that is what you owe him. However, if, in discussing the prices in this building, he did not let you know that your costs would be lower because they offered no fee (which in this case would go to broker) and one month free rent then that is a misrepresentation and dereliction of responsibility to you as a client. If he was going to cut a deal with the building to take a fee and charge you a fee on top of that and did not let you know, that is another matter. If that is the case, I would let the Better Business Bureau know, check with the AG's office and let the building know that this greedy broker is not doing their reputation any good and he is not accurately reflecting the cost benefits that are offered. And, walk away. There are dozens of empty apt. buildings in NYC. Learn the lesson -- never go into a new development with a broker. Do some research. Negotiate.
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Response by eep
about 7 years ago
Posts: 2
Member since: Jan 2014
Why would you ask the broker to show you in the building you already have been? The broker has to get paid by the tenant or by the building. In your case, it was your mistake.
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Response by KeithBurkhardt
about 7 years ago
Posts: 2986
Member since: Aug 2008
Just curious if these are bots responding? Post is 9 years old!
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Who is doing the threatening?
The broker and his firm. I received a follow-up email from the firm's presdient saying I am still obligated to continue the entire rental process through their firm and pay the fee since they showed me the apartment, even though I'd previously seen other units.
Out the broker/firm -- they can threaten you all they want - dont have a leg to stand on in a lawsuit
The management company told me they're not in the business of screwing other brokers out of their commission. So I can either pay the fee and take the apartment or give up the one month free they were offering which will then go to the broker.
I think that your mistake was going with this broker to see the unit which you had previously seen on your own. I think you shot yourself in the foot there. Oops.
I assume you signed an agreement with the broker showing you the unit. What did it say?
Hate to say it, but I agree with drdrd. Brokers make money by showing people apartments - he was doing his job and now wants to be paid for it. All you had to do was tell the broker you already saw the building and would deal with that particular building yourself. Take the deal the bldg offered or move on I think. Good luck.
Thanks for the feedback guys. I didn't sign any agreement with the broker, but I understand drdrd and starfish's points.
F@%# the broker. Only in NYC do they pull this crap.
You have no legal obligation or even moral, since you found the building on your own.
Write them a check and stop payment and let them sue you. Or pay and then file suit in smalls claim court against broker and/or landlord for extortion.
modern,
Is he going to sign a lease on the building, or for a"generic apartment" with no apartment number on it? Or is he going to sing a lease on an apartment which he had not seen before, did not know about, and apparently didn't have any intentions of going back to the building to look and see if anything new came up?
Small claims court extortion claim? Wanna take a side bet on that one?
In no other city in the US is the tenant expected to pay the broker. The landlord should pay them, always, and since he is trying to avoid paying by taking back the free month, I'd say just don't rent the place, it can stay vacant another month and he loses the fee.
Take a stand, renters! JUST SAY NO TO BROKER FEES!
(The actual claim would not be extortion but rather that you had no contractual obligation to pay the broker anything. Let the broker produce a document where you agree to pay. Which does not exist.)
If the broker was going to charge you a one month fee and was clear with you about it, then that is what you owe him. However, if, in discussing the prices in this building, he did not let you know that your costs would be lower because they offered no fee (which in this case would go to broker) and one month free rent then that is a misrepresentation and dereliction of responsibility to you as a client. If he was going to cut a deal with the building to take a fee and charge you a fee on top of that and did not let you know, that is another matter. If that is the case, I would let the Better Business Bureau know, check with the AG's office and let the building know that this greedy broker is not doing their reputation any good and he is not accurately reflecting the cost benefits that are offered. And, walk away. There are dozens of empty apt. buildings in NYC. Learn the lesson -- never go into a new development with a broker. Do some research. Negotiate.
Why would you ask the broker to show you in the building you already have been? The broker has to get paid by the tenant or by the building. In your case, it was your mistake.
Just curious if these are bots responding? Post is 9 years old!
Keith
TBG