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Legal Agreement with Rental Agent?

Started by bigdude2103
over 15 years ago
Posts: 46
Member since: Jul 2009
Discussion about
More out of curiosity than anything... I am working with a rental agent who sent me 2 listings, both in the same building. I saw one of the units, but was unable to see the second, which is identical on a lower floor. Now, I am in the process of moving forward with that second unit. What legal obligation do I have to work with the rental agent, as opposed to just reaching out to the listing agent on my own and negotiate a lower fee since I won't be represented by a broker. I've already moved ahead with the original agent, but was curious. I guess better stated, when does your rental broker officially represent you?
Response by bigdude2103
over 15 years ago
Posts: 46
Member since: Jul 2009

i never signed any contracts or any other paperwork for that matter.

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Response by christophehaxaire
over 15 years ago
Posts: 3
Member since: Aug 2010

Your agent is trying to make a living renting apartments. Going behind his back will not be respectful for his work. You will have probably not find this listing on your own and you are the one who reach out to him, right? I am sure you will not want anybody to do that to you. Good Karma goes along way.

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Response by NYC10007
over 15 years ago
Posts: 432
Member since: Nov 2009

He sent you both listings, but only saw one of them with you? Don't see the relevance of having seen one and not the other, if they are identical and he sent them both to you. If you didn't sign anything, you probably don't have any legal obligation. You'll certainly provide a good story for everyone on here if you choose to move forward without him, though.

True about the Karma, but this is NYC, and you're dealing with a rental broker. Most of the stories you hear are about them trying to screw YOU over, so in a way, it's a simple "what goes around comes around."

That's a douche-y thing to say by me, cause maybe he's a decent guy and trusted you, which sounds like it wasn't such a smart idea if you're on here asking this question...

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Response by LIL
over 15 years ago
Posts: 5
Member since: May 2009

Big dude, it would be quite slimy since you found the apartment based on the agent's referral. Moreover, if the agent finds out you moved forward on that apartment you could be sued and the agent would more than likely win since they have proof of having sent the listing to you.

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Response by jordyn
over 15 years ago
Posts: 820
Member since: Dec 2007

Seems unlikely that Big Dude could be sued--on what grounds? He never had an agreement with the broker, and the broker's original plan would have been to get paid by a third party (the seller's broker).

Having said that, I agree that it seems evil to cut the broker out of the equation in this scenario, though--if a broker finds an apartment for you, you shouldn't cut them out of the deal. Golden rule and all that.

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Response by Mikev
over 15 years ago
Posts: 431
Member since: Jun 2010

well actually sending a listing is not the same as an agreement. If I offer you advice as an accountant hoping for your business but we have no agreement about rate, etc, then you use someone else, how do i saw you for my time that we never agreed upon?

Same goes here. First of all while maybe slimy, not sure, he contacted an agent who I am not clear whether or not actually got off their ass to show him the apartment or just sent him a listing, but signed no agreement. What does he saw you for when there is no agreement?

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Response by bigdude2103
over 15 years ago
Posts: 46
Member since: Jul 2009

just to fill in the background. i've been looking for a rental for awhile. mostly done on my own through this site, reaching out to the listing agents myself. this broker i've known for awhile, back when i was more seriously looking at buying a place. i decided to get him involved on my rental search and he started sending me listings. that being said, i found the same listing with the listing agent myself from SE.

my thought process was that i'd have to pay the 15% or so agent fee, regardless of whether I pay it all to the listing agent or the listing agent + my rental agent. so, i thought i'd throw him a bone and keep him in the loop. then he went all flaky on me, not returning calls, emails, acting slowly, etc.

my question here (which shook out about where i expected, as in, not illegal but probably not ethical) was more a theoretical since i was getting pretty annoyed. i figured i hadn't signed anything, so could just back out from his representation with minimal impact. but wasn't sure what grounds the agent might have to do anythinng.

but ultimately, i am moving forward with this agent, for the reason many stated above of not ruffling feathers. thanks all for your responses!

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