Broker fee on apartment NOT shown by broker?!
Started by Nowherehead
almost 13 years ago
Posts: 0
Member since: Jul 2012
Discussion about
Back in February I found out our rented apartment was being sold. I looked around the neighborhood and contacted a no fee building that I was interested in directly, unfortunately nothing was available at that time. In March I saw a few other no fee apartments with a broker - NONE of which were in the building I liked. I signed a broker agreement that listed the 3 apartments I saw, none of which... [more]
Back in February I found out our rented apartment was being sold. I looked around the neighborhood and contacted a no fee building that I was interested in directly, unfortunately nothing was available at that time. In March I saw a few other no fee apartments with a broker - NONE of which were in the building I liked. I signed a broker agreement that listed the 3 apartments I saw, none of which were quite right. A week later she showed me 4 more places, one of which I was going to make an application on. The next day however, I checked back one last time with the no fee building I had contacted back in February and the perfect apartment was available. I saw it that morning and made an application which was successful. I emailed the broker and apologized that I wasn't going with any of her apartments, but that this was a place I had been interested in for some time. Today, when I went to sign the lease, I was told that our broker had been hounding them to try and claim a fee. I initially felt bad that I didn't go with any of the places we showed her and was going to send some flowers as a thank you for her time but, ultimately, I don't see how she can have any claim here? To reiterate, she did NOT introduce me to the building, she did not show me the apartment or ANY apartment in the building and at no point did we even go INTO the building together! Any thoughts gratefully received as I'd like to put this to bed. [less]
Who is the broker/agent?
I am a practicing attorney FYI
If you hire an agent and use the service you should pay the fee.
It seems as though you used the service and do not want to pay.
I am an attorney , and I can assist you to get out of this mess.
Hi Nowherehead...
It's been 9 days since your post so you may have worked this all out. I am a broker and have worked on-site at a full service rental building on the Upper West Side. Our rule and the rule for most buildings has been that the broker gets paid only on the apartment they showed. This is why there are always sign in sheets.
If she never signed you into the building, there is no claim, period. The landlord has no reason to pay her and there are no legal repercussions for the landlord for refusing to pay. They are fully protected and so are you.
I wouldn't worry about it.
Congratulations on the new place.