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First Time Renter- Broker fees?

Started by Chels
over 12 years ago
Posts: 0
Member since: Jan 2013
Discussion about
I have been contacting brokers over the last few weeks to look at apartments. This would be my first time renting in New York (and in general), so there is a lot I am learning. I found out about a great apartment through a broker I contacted regarding a different listing. This broker has not mentioned anything about charging us a fee, and I have not signed anything. I find this to be very strange. The apartment that I'm interested in is a no fee apartment. The management told me that they are not paying the broker and if I apply without one, I will only have to pay an application fee and a credit check fees. I guess I should have asked the broker upfront about any fees...I am wondering how to proceed right now. I would appreciate your view on the situation!
Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

Can't wait to hear from C0lumbiaC0unty/Jim Hores on this subject.

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Response by jimendress
over 12 years ago
Posts: 14
Member since: Feb 2011

If you didnt sign anything with the broker just apply through the Mngt company. Without something signed like a registration card or fee agreement it would be very difficult for them to win in court. Judges go by what's in black and white. Not he said she said.

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Response by Sonya_D
over 12 years ago
Posts: 547
Member since: Jan 2013

Don't sign anything with the broker. If you do, you will be bound to it and any (possibly astronomical) fees. If you are already good with the management, you are free to go through them directly. The broker may try to scare you every this way and that, but if you are smart, don't sign anything from them.

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Response by vslse65
over 12 years ago
Posts: 226
Member since: Feb 2011

Chels,

"I found out about a great apartment through a broker I contacted..."
Then you should pay the broker a fee, only right since he/she found you the apt.

"This broker has not mentioned anything about charging us a fee, and I have not signed anything."
Broker should have given you a form to sign, so it's broker's fault for not doing so.

So what now?
Do what your heart tells you, it's usually right.

Good luck

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Response by kharby2
over 12 years ago
Posts: 279
Member since: Oct 2009

Poor broker (correctly called agent) is new and/or too trusting.

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Response by kcarscaden
over 12 years ago
Posts: 38
Member since: Jul 2012

Since the broker showed you the apt, he is entitled to collect a fee. Tell him 1 month is what you are willing to pay an no more than that...

He did do his job by finding you the apartment you like remember this...

Put yourself in his shoes he trusted you and didn't have you sign a fee form, whats fair is fair, would you like to not get paid for working?

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Response by jim_hones10
over 12 years ago
Posts: 3413
Member since: Jan 2010

OP, you may still be liable for a fee, even w/o having signed something. the law stipulates the agent only need be the procuring cause in a transaction. not only that, but if the management company has a good relationship with the brokerage community, they often will not allow a deal to move ahead w/o you being represented by the same agent you went to the building with.

are you really trying to convince us that you are so naive as to not have asked about commissions prior?

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Response by Mikev
over 12 years ago
Posts: 431
Member since: Jun 2010

I disagree. If the facts are correct as he stated he called about apartment "A" and the broker told him about apartment "B". He never said anything about a fee, which given that Chels has never rented before is a big disclosure that the broker should be making so that he understands all the facts. I know people who use a broker to look for certain apartments and will then contact no fee listings on their own. Without ever renting and understanding the facts and not being provided any details, he is under zero obligation to pay someone for an agreement he never entered. Furthermore said broker would probably do more for him/herself by giving all facts to the renter even if it means losing a fee as they would then get referrals. I know this is the way I have given broker referrals.

Any broker that then pressures for money is the reason that they are given a bad name. It would be as if I went out and gave advice to someone one their taxes and it appeared I was just given a free consultation and then send them a $5,000 invoice and telling them you should have known it was not for free. Why is it that brokers feel that they should be held to a different standard then any other professional?

I am not attempting to bash as I truly believe that if the broker was up front and a renter signed a piece of paper stating they understood that under certain conditions where the landlord was not paying their fee that the renter would be responsible, I am on the brokers side 100%. The facts as given do not appear to follow this line though.

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Response by bgrfrank
over 12 years ago
Posts: 183
Member since: Apr 2010

If is no fee, then it is no fee. The landlord can pay the broker

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Response by bgrfrank
over 12 years ago
Posts: 183
Member since: Apr 2010

No fee for the renter. Landlord can pay if it wants

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Response by Mikev
over 12 years ago
Posts: 431
Member since: Jun 2010

I believe we all understand no fee apartment means that if you go directly you pay no fee. The question raised is whether a person who is not informed that this apartment they were showing would cause a fee to be paid directly by the renter to the broker is obligated to pay. I have met plenty of people who do not understand how the whole rental market works here and when you have to pay and when you do not.

Why is it Jim that you do not want to discuss what your obligation as a broker is. Why is it always a "buyer beware" attitude. How about we start living in a land where a broker does not feel they are owed and spends the time consulting with a person. It happens in every other profession and plenty of times you lose many hours trying to land a client. For some reason a broker feels that if they spend 5 minutes with someone and show them a no fee apartment without telling them, that now they are due $5000. I wish my life was that easy. And before you start telling me about all the time you spend with a potential renter or buyer that does not pan out, that is part of the job.

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Response by jason10006
over 12 years ago
Posts: 5257
Member since: Jan 2009

Legally, yes, you probably don't need to pay the broker. Ethically and morally, you are kind of a jack ass for even thinking of not paying them. You are definitely taking advantage of the broker.

I never singed anything with the CPA who does my taxes. So since I have no contract, can I just not pay him this year? I never signed anything saying that I would tip the waiters who wait on me, or the cab drivers who take me places, or the barber who cuts my hair. Why should I tip them?

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Response by jason10006
over 12 years ago
Posts: 5257
Member since: Jan 2009

...And as anyone on these boards knows, I am not a broker fan!

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Response by jim_hones10
over 12 years ago
Posts: 3413
Member since: Jan 2010

ikev
about 2 hours ago
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I believe we all understand no fee apartment means that if you go directly you pay no fee. The question raised is whether a person who is not informed that this apartment they were showing would cause a fee to be paid directly by the renter to the broker is obligated to pay. I have met plenty of people who do not understand how the whole rental market works here and when you have to pay and when you do not.

Why is it Jim that you do not want to discuss what your obligation as a broker is. Why is it always a "buyer beware" attitude. How about we start living in a land where a broker does not feel they are owed and spends the time consulting with a person. It happens in every other profession and plenty of times you lose many hours trying to land a client. For some reason a broker feels that if they spend 5 minutes with someone and show them a no fee apartment without telling them, that now they are due $5000. I wish my life was that easy. And before you start telling me about all the time you spend with a potential renter or buyer that does not pan out, that is part of the job.

Fuckface, my obligation as a broker is to rent the apartments for my client (the owner) or to help a client (renter) find one.

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Response by bgrfrank
over 12 years ago
Posts: 183
Member since: Apr 2010

It is Ok for the broker to get paid but not from the renter. It is no fee so the landlord should do the right thing and pay.

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Response by Mikev
over 12 years ago
Posts: 431
Member since: Jun 2010

Jason to answer your question, everything I do is signed prior to me doing the work. You are actually under zero obligation to tip anyone, it is your choice. So I really do not see how it relates to a broker. But if you want to bring it to this level then when someone wants their taxes done they understand there is a cost and it is discussed.

So here it is once again, if I am a first time renter in New York and do not understand all the various issues with renting here, meaning fee or no fee, fee to the broker regardless,etc, should it not be explained to me so I understand? Why is it seem that everyone seems to think it is okay to take advantage of someone and tell them they have to pay something that they should not?

And Jim for some reason I feel you are not the best broker for me or many others.

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Response by alanhart
over 12 years ago
Posts: 12397
Member since: Feb 2007

I'd preemptively report the agent, knowing that he will do something illegal by the time you're done. That's because he's a real estate agent, and so can't help it, but that's not your problem, and the prisons need filling before they can build some more.

Never pay a rental fee, directly or indirectly.

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Response by jim_hones10
over 12 years ago
Posts: 3413
Member since: Jan 2010

Mikev
about 1 hour ago
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Jason to answer your question, everything I do is signed prior to me doing the work. You are actually under zero obligation to tip anyone, it is your choice. So I really do not see how it relates to a broker. But if you want to bring it to this level then when someone wants their taxes done they understand there is a cost and it is discussed.

So here it is once again, if I am a first time renter in New York and do not understand all the various issues with renting here, meaning fee or no fee, fee to the broker regardless,etc, should it not be explained to me so I understand? Why is it seem that everyone seems to think it is okay to take advantage of someone and tell them they have to pay something that they should not?

And Jim for some reason I feel you are not the best broker for me or many others

well, we don't know each other. i think you'd find me highly professional and competent.

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Response by jim_hones10
over 12 years ago
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alanhart
15 minutes ago
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I'd preemptively report the agent, knowing that he will do something illegal by the time you're done. That's because he's a real estate agent, and so can't help it, but that's not your problem, and the prisons need filling before they can build some more.

Never pay a rental fee, directly or indirectly.

are you saying all real estate agents are dishonest?

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

>So here it is once again, if I am a first time renter in New York and do not understand all the various issues with renting here, meaning fee or no fee, fee to the broker regardless,etc, should it not be explained to me so I understand?

Agree

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Response by gcondo
over 12 years ago
Posts: 1111
Member since: Feb 2009

taking advantage of a broker, that's a good one.

let's consider what the broker did... someone called them about an apartment and the broker suggested another "no fee" apartment. This "broker" is "entitled" to a 15% fee, or one month, or whatever for the um what 2 minutes of work? If I was the broker (yuk), I would be happy with referrals from the goodwill.

Sorry, but I would not feel bad about not paying that "Fee", and the whole "morally right" thing... if we were talking about anything other than brokers and real estate fees, I might be on board with that.

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Response by jason10006
over 12 years ago
Posts: 5257
Member since: Jan 2009

"let's consider what the broker did... someone called them about an apartment and the broker suggested another "no fee" apartment. This "broker" is "entitled" to a 15% fee, or one month, or whatever for the um what 2 minutes of work?"

You are reading things in TOP that are not actually written. its unclear weather or not the broker merely "suggested" TOP contact a no-fee building on his own, or in fact took TOP to said building and showed him the place as part of the general tour of available apartments.

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

booger frank seems to have the right idea, let the landlord pay. Why isn't the broker trying to squeeze the landlord?

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Response by Sonya_D
over 12 years ago
Posts: 547
Member since: Jan 2013

Chels,
Most importantly, don't listen to a thing jimmyboy says. Mikev and bgrfrank are spot on.

I think what to do now, is ask your question from a legal standpoint, or moral standpoint (keep in mind, many agents don't deal with "morals").

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Response by BrooklynNewbie
over 12 years ago
Posts: 70
Member since: Nov 2012

Jim, the OP came to this board for advice. They stated " This would be my first time renting in New York (and in general), so there is a lot I am learning."

So why get snippy & cussy? How else can they become less "naive"but to ask questions and gain experience?

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Response by jim_hones10
over 12 years ago
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Member since: Jan 2010

Sonya_D
14 minutes ago
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Member since: Jan 2013
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Chels,
Most importantly, don't listen to a thing jimmyboy says. Mikev and bgrfrank are spot on.

I think what to do now, is ask your question from a legal standpoint, or moral standpoint (keep in mind, many agents don't deal with "morals").

Have you ever been apart of litigation about a commission? Read the below cunt, and tell me how it is sound advice to ignore any of what i wrote:
OP, you may still be liable for a fee, even w/o having signed something. the law stipulates the agent only need be the procuring cause in a transaction. not only that, but if the management company has a good relationship with the brokerage community, they often will not allow a deal to move ahead w/o you being represented by the same agent you went to the building with.

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Response by Sonya_D
over 12 years ago
Posts: 547
Member since: Jan 2013

Oh, trust me, Jimmyboy, I, like all others here, know your words are about as good as Madoff's investments (some of us just know this a little bit better than others.

If you want to test your theory, show me some no fee apartments, have me not sign anything, then take me to court. LOL!

Other than that, your foul language indicates that you are upset. Don't be -- I'm sure your Bushwick studio will rent soon. (yeah, right).

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

>OP, you may still be liable for a fee, even w/o having signed something. the law stipulates the agent only need be the procuring cause in a transaction

So you are saying that the law states that someone can unknowingly become liable to pay a fee based on the actions of a third party?

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

Where is this magic law?

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Response by jim_hones10
over 12 years ago
Posts: 3413
Member since: Jan 2010

Sonya_D
8 minutes ago
Posts: 104
Member since: Jan 2013
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Oh, trust me, Jimmyboy, I, like all others here, know your words are about as good as Madoff's investments (some of us just know this a little bit better than others.

If you want to test your theory, show me some no fee apartments, have me not sign anything, then take me to court. LOL!

Other than that, your foul language indicates that you are upset. Don't be -- I'm sure your Bushwick studio will rent soon. (yeah, right).

what is it you do for money twat? other than turn tricks?

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Response by Sonya_D
over 12 years ago
Posts: 547
Member since: Jan 2013

Lol, you are the height of maturity, jimmyboy! Stay classy!

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

Oh no! Jim Hores just accused Sonya of being his wife.

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Response by Sonya_D
over 12 years ago
Posts: 547
Member since: Jan 2013

Ha!

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Response by Goldie
over 12 years ago
Posts: 182
Member since: Apr 2007

In most real estate markets it is customary for landlords to pay any broker fee. While that is not the case in NYC, a broker who shows an apartment to a first-time, out-of-town renter has a responsibility to both inform the renter of his expected fee and have that renter sign a contract laying out the terms under which they are due a fee.

If the broker failed in these responsibilities, they won't and shouldn't get paid. The rental has no moral, much less legal obligation to the broker.

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

But Goldie, there is a magic law that applies.

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