...we saw the apartment. We ended up liking the apartment, and applied to it. We just were called that we were accepted for it...but we have this OTHER apartment that we were also waiting to hear back from. But when we were told we got this first one, we said we'd meet in a few days to sign the lease and pay the broker fee. In the meantime, the OTHER apartment called and said we were accepted. We... [more]
...we saw the apartment. We ended up liking the apartment, and applied to it. We just were called that we were accepted for it...but we have this OTHER apartment that we were also waiting to hear back from. But when we were told we got this first one, we said we'd meet in a few days to sign the lease and pay the broker fee.
In the meantime, the OTHER apartment called and said we were accepted. We prefer this one, as the building has better amenities. But we back out of the first one, do we owe the broker the fee anyway? The lease hasn't been signed, just that broker disclosure paper that we signed when we first viewed the apartment. My roommate and I can't remember if the paper said that if we agree to the apartment, we owe the broker the fee (meaning, if we verbally are onboard, but then back out, we still owe the broker).
Can someone please tell me if I'm legally bound to the broker and the broker's apartment, or if I can back out and take the OTHER apartment without owing the broker anything.
I'm looking for a legal answer, not a judgment. We realize we are being super shitty.
Thanks!
d
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Response by nyapts
over 12 years ago
Posts: 7
Member since: Sep 2009
Ask for a copy of what you signed.
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Response by crescent22
over 12 years ago
Posts: 953
Member since: Apr 2008
think they usually say you owe the fee if you sign a lease
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Response by csn
over 12 years ago
Posts: 450
Member since: Dec 2007
Everyone should have a copy of anything they sign and should also understand what they are signing.
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Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013
You'd have owed the fee if you signed the lease. That's it. You aren't being shitty. Transaction fees are paid when there is a transaction, nothing more, plain and simple.
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Response by Sonya_D
over 12 years ago
Posts: 547
Member since: Jan 2013
I concur with the other statements. The fee is generally only due if the lease is signed and you take the apartment (goes along with the mantra of: "agents get paid for getting you an apartment" ...if you don't end up in the apartment you don't like, you didn't get it -- your application just got accepted). But whatever. It would have to be a REALLY sleazy agent to make you/sign that you must pay a fee for any place that accepts your application.
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Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013
>The fee is generally only due if
Generally?
What are the exceptions that you are aware of?
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Response by jimendress
over 12 years ago
Posts: 14
Member since: Feb 2011
it depends on the language of the contract you signed. some brokers make it due if the lease is signed, other say its due once the landlord approves your application. get a copy of the contract and seek a lawyer.
sounds to me like you are screwed. you'll have to pay both brokers
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Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013
> I tell you this first hand, and through years and years of experience.
just_right, are you still a broker or when did you stop being one?
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Response by drdrd
over 12 years ago
Posts: 1905
Member since: Apr 2007
If everybody you run into is a scumbug, what does that say about YOU?
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Response by just_right
over 12 years ago
Posts: 20
Member since: Jun 2013
Stay with the topic that was asked.If you're looking at the talk as a chance to make yourself feel big, forget about it, it's not working. I just say it as it is, as the truth. No need to knock me, And also, why would you GOS!!!!!!!!!!!!
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Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013
just_right, you sound like a fighter pilot.
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Response by selyanow
over 12 years ago
Posts: 132
Member since: Dec 2007
The fee is only due when you sign a lease and move in. This is a fairly normal situation. Don't feel bad, you are going with a better situation for you and you are not violating any contract.
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Response by Aurence
over 12 years ago
Posts: 12
Member since: Dec 2009
You are allowed to walk right up to the alter, change your mind at the last second, and find a new, true love. You do not owe the broker a commission. The broker, for whatever reason, obviously failed to "close the deal'. So unless the broker did significant negotiating on your behalf and brought together a negotiated 'meeting of the minds', you will not owe a commission.
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Ask for a copy of what you signed.
think they usually say you owe the fee if you sign a lease
Everyone should have a copy of anything they sign and should also understand what they are signing.
You'd have owed the fee if you signed the lease. That's it. You aren't being shitty. Transaction fees are paid when there is a transaction, nothing more, plain and simple.
I concur with the other statements. The fee is generally only due if the lease is signed and you take the apartment (goes along with the mantra of: "agents get paid for getting you an apartment" ...if you don't end up in the apartment you don't like, you didn't get it -- your application just got accepted). But whatever. It would have to be a REALLY sleazy agent to make you/sign that you must pay a fee for any place that accepts your application.
>The fee is generally only due if
Generally?
What are the exceptions that you are aware of?
it depends on the language of the contract you signed. some brokers make it due if the lease is signed, other say its due once the landlord approves your application. get a copy of the contract and seek a lawyer.
sounds to me like you are screwed. you'll have to pay both brokers
> I tell you this first hand, and through years and years of experience.
just_right, are you still a broker or when did you stop being one?
If everybody you run into is a scumbug, what does that say about YOU?
Stay with the topic that was asked.If you're looking at the talk as a chance to make yourself feel big, forget about it, it's not working. I just say it as it is, as the truth. No need to knock me, And also, why would you GOS!!!!!!!!!!!!
just_right, you sound like a fighter pilot.
The fee is only due when you sign a lease and move in. This is a fairly normal situation. Don't feel bad, you are going with a better situation for you and you are not violating any contract.
You are allowed to walk right up to the alter, change your mind at the last second, and find a new, true love. You do not owe the broker a commission. The broker, for whatever reason, obviously failed to "close the deal'. So unless the broker did significant negotiating on your behalf and brought together a negotiated 'meeting of the minds', you will not owe a commission.