Sales Agent / Lanlord-Owner
Started by dlaurettep
over 11 years ago
Posts: 0
Member since: May 2010
Discussion about
Can a Sales Agent who owns a property is acting as landlord take a broker's fee for an apartment? My landlord claims she can, and did, just by putting a 'for rent' sign in her window, and having us walk in. We never agreed to this fee. And we wrote out the deposit & rent checks to her, and not her brokerage. And she tells us now (that we're both moving out) - that one month of the two months deposit she collected was a brokers fee, which we will not be getting back when we vacate. The awkward situation is that it's a two-family and she lives below us.
What neighborhood is this in?
What does your lease say? Does it list a broker? Does it say that you have given a security deposit?
An owner / Sales agent is certainly allowed to charge a fee, but should be made clear at beginning, collected at lease signing AND be remitted to the Brokerage firm (not the individual).
Aside from the above is the practical matter of actually collecting the deposit back. Your best bet with such an unfair person might be to stay an extra month in lieu if possible...
Good luck
dl:
1 no
2. no
3. an owner cannot ac as his own real estate agent and charge a
fee for doing so
I'm a broker and not an attorney -- so don't take anything I say as legal advice -- but do you have a copy of your lease? Each of the two lease forms that is most commonly used in NYC has a place where you put in the broker or brokers on the deal.
ali r.
@front_porch/ali r. :
your advice here, is so true.
Landlords of multi-apartment rentals can and, in many situations -- do;
try to take advantage of their tenants.
IS the apt stabilized? I know an owner can not charge of fee for a stabilized apartment (as it could be considered additional rent). I am not sure if you can for a fair market apartment, and believe you can.
However, your lease should tell you exactly what is held as security deposit, that is what you should get back.
What does your lease say?
How many checks did you write - in what amounts? Payable to whom?
I have a similar question -- can a management company claim a 17% brokers fee for an apartment you found on your own and that they did no work for (friend who is current tenant is moving out and both owner and tenant have agreed that I am to be the one who gets the apt)