I responded to an ad on streeteasy.com to share a potential apartment with an existing tenant as a roommate . The ad did not mention a broker's fee. Also I never signed any agreement with the broker nor was I provided with an agency disclosure statement. The broker did not even show me the apartment; he merely provided me with the building address, unit and tenant's name. In addition, the building... [more]
I responded to an ad on streeteasy.com to share a potential apartment with an existing tenant as a roommate . The ad did not mention a broker's fee. Also I never signed any agreement with the broker nor was I provided with an agency disclosure statement. The broker did not even show me the apartment; he merely provided me with the building address, unit and tenant's name. In addition, the building is a no fee building and I was advised by property management that it is inappropriate for this broker to charge a fee. Subsequent to agreeing with my roommate to move in, the broker then notified that I owed him one month's broker fee. I was never named on the lease nor registered with property management as a co-tenant/occupant. After living there for 3.5 months I moved out and received a notice that the broker is suing me for non-payment of the broker fee. Is he legally entitled to a fee? Any help would be much appreciated!
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Response by nyc_sport
about 10 years ago
Posts: 814
Member since: Jan 2009
Something seems to be missing from this recitation, or the broker is out of his or her mind. There can be nothing owed without an agreement. That agreement in theory need not be written if it is merely to seek a commission and the broker is licensed, but it is difficult to imagine how one can assert the existence of an agreement on the material terms of a contract on the facts you describe. I can't imagine someone pursuing this with no written contract over a few thousand dollars or less.
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Response by alanhart
about 10 years ago
Posts: 12397
Member since: Feb 2007
Who is the broker? With which brokerage is he affiliated?
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Response by fieldschester
about 10 years ago
Posts: 3525
Member since: Jul 2013
"Notice" in your post means what? A threatening letter?
Something seems to be missing from this recitation, or the broker is out of his or her mind. There can be nothing owed without an agreement. That agreement in theory need not be written if it is merely to seek a commission and the broker is licensed, but it is difficult to imagine how one can assert the existence of an agreement on the material terms of a contract on the facts you describe. I can't imagine someone pursuing this with no written contract over a few thousand dollars or less.
Who is the broker? With which brokerage is he affiliated?
"Notice" in your post means what? A threatening letter?