My husband and I are tying to rent a space that was originally up for sale. It has a listing broker that was helping the clients to try to sell it and plus a rental broker that listed it on Citi-habitats. We made an original offer of $4500 plus 1 month broker fee which the client's rejected. The listing broker told us that the clients would accept 5K, so we went to view the property again to make... [more]
My husband and I are tying to rent a space that was originally up for sale. It has a listing broker that was helping the clients to try to sell it and plus a rental broker that listed it on Citi-habitats.
We made an original offer of $4500 plus 1 month broker fee which the client's rejected. The listing broker told us that the clients would accept 5K, so we went to view the property again to make up our minds. While there, I specifically asked if the fee would be 1 month and the listing broker said 'yes, [the other broker] will honor your offer'. We then said we wanted the apartment for 5K plus the 1mth fee as discussed (documnted in email) and that we wanted to move in asap. We also left all our finanical information. Now today, the Citi-habitats broker is telling us the fee has to be 12.5% and that the other broker was mistaken. We feel like he saw our finanicals and knows we want the apartment and thus just decided to try for more money. Is this allowed? Do we have any recourse? Please help.
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Response by malraux
about 17 years ago
Posts: 809
Member since: Dec 2007
Well, as to what's allowed - I hate to be pragmatic, but the best you can do is call the listing broker and ask them to take up your cause. If THEY won't lend an assist (or a really good explanation), I would immediately go over their head, and show the email trail to the head of that broker's office. After that, I don't know what more you can do in reality.
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Response by drdrd
about 17 years ago
Posts: 1905
Member since: Apr 2007
Report them to REBNY?
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Response by waverly
about 17 years ago
Posts: 1638
Member since: Jul 2008
You could also mention to their superiors that if they do not waive the fee altogether to make up for their mistreatment of you, you will be sharing the evidence with the NY Times for their Real estate section, diseminating it on-line to all RE-related websites and blogs and you will be speaking with the REBNY as to the "next steps" in the process.
You shouldn't have to pay any fee since their broker lied and tried to extort money from you. If they refuse, call their bluff and seek recourse. You have the evidence and there are a whole lot of epople who will be sympathetic to your plight. I am guessing that the RE firm would rather not have the bad press over $5k.
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Response by totally
about 17 years ago
Posts: 40
Member since: Nov 2008
just file a complaint with the department of state of new york and let them know about it a priori. my experience has been that they tend to break down at that point.
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Response by cccharley
about 17 years ago
Posts: 903
Member since: Sep 2008
God I hate Citi-habitats - they are the sleeziest - I have had the worst experience with them
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Response by manhattanfox
about 17 years ago
Posts: 1275
Member since: Sep 2007
You can always walk and let them find another player
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Response by JohnDoe
about 17 years ago
Posts: 449
Member since: Apr 2007
It sounds like the citi-habitats broker showed you the apartment. Did you and (s)he have any understanding about fees? It sounds like the listing broker, rather than the citi-habitats broker said the 1 month was ok.
If you want to play hardball, you could go see if the listing broker will prepare the contract for you without going through the citi habitats broker (allowing for the citi broker get his/her share of $5k, but no more).
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Response by front_porch
about 17 years ago
Posts: 5316
Member since: Mar 2008
It sounds like communication, forgive me, broke down between the brokers, but it really should be their problem, and not your problem.
from the way I understand the story, it sounds like Citi-Habitats is what we call "the procuring cause" -- the reason that you found the apartment -- and they deserve to be paid. However, since the listing broker accepted one month from you in writing, it is up to him to pay Citi Habitats out of that, and at this point, that should devolve into a fight between the firms' managers that shouldn't have anything to do with you -- you might want to talk to our trade association, the Real Estate Board of New York, if they can't work it out.
ali r.
{downtown broker}
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Response by anonymous
about 17 years ago
I would find another place and get some revenge on these guys. Agree to the $5K per month and the 12.5% brokerage fee ... bring it to the day of signing and don't show. If you have the address of the apartment, you should have no problem finding out who the owner is on ACRIS ... call the owner and explain why you fucked with him. ... remember, the broker works for the owner and is paid by renter, so have NO qualms about fucking with the broker.
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Well, as to what's allowed - I hate to be pragmatic, but the best you can do is call the listing broker and ask them to take up your cause. If THEY won't lend an assist (or a really good explanation), I would immediately go over their head, and show the email trail to the head of that broker's office. After that, I don't know what more you can do in reality.
Report them to REBNY?
You could also mention to their superiors that if they do not waive the fee altogether to make up for their mistreatment of you, you will be sharing the evidence with the NY Times for their Real estate section, diseminating it on-line to all RE-related websites and blogs and you will be speaking with the REBNY as to the "next steps" in the process.
You shouldn't have to pay any fee since their broker lied and tried to extort money from you. If they refuse, call their bluff and seek recourse. You have the evidence and there are a whole lot of epople who will be sympathetic to your plight. I am guessing that the RE firm would rather not have the bad press over $5k.
just file a complaint with the department of state of new york and let them know about it a priori. my experience has been that they tend to break down at that point.
God I hate Citi-habitats - they are the sleeziest - I have had the worst experience with them
You can always walk and let them find another player
It sounds like the citi-habitats broker showed you the apartment. Did you and (s)he have any understanding about fees? It sounds like the listing broker, rather than the citi-habitats broker said the 1 month was ok.
If you want to play hardball, you could go see if the listing broker will prepare the contract for you without going through the citi habitats broker (allowing for the citi broker get his/her share of $5k, but no more).
It sounds like communication, forgive me, broke down between the brokers, but it really should be their problem, and not your problem.
from the way I understand the story, it sounds like Citi-Habitats is what we call "the procuring cause" -- the reason that you found the apartment -- and they deserve to be paid. However, since the listing broker accepted one month from you in writing, it is up to him to pay Citi Habitats out of that, and at this point, that should devolve into a fight between the firms' managers that shouldn't have anything to do with you -- you might want to talk to our trade association, the Real Estate Board of New York, if they can't work it out.
ali r.
{downtown broker}
I would find another place and get some revenge on these guys. Agree to the $5K per month and the 12.5% brokerage fee ... bring it to the day of signing and don't show. If you have the address of the apartment, you should have no problem finding out who the owner is on ACRIS ... call the owner and explain why you fucked with him. ... remember, the broker works for the owner and is paid by renter, so have NO qualms about fucking with the broker.
any update?