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Can a broker keep his fee if the apartment wasn't delivered?

Posted by Richard Powell on January 04, 2001 at 12:40:37:

In October, I signed a lease on an apartment that stipulated that the apartment must be delivered vacant by Dec 31, 2000. If not, the landlord was to reimburse my deposit. The broker and landlord assured me that the apartment would be vacant far in advance of this date--November 15 was the date the broker cited. As time wore on, the old tenants delayed their move out three times. In the end, they weren't able to move out, and the apartment wasn't vacant on time.

These delays wreaked havoc on my life, and I decided not to take the apartment. The landlord has agreed to reimburse my deposit. The broker, however has refused to reimburse his fee.

Adding to the situation with the broker is that he overcharged me $264 on his fee. This amount is likely lost.

Has anyone been in this situation before? If so, any perspective?

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