Posted by ernie applebaum on March 01, 1999 at 22:22:58:
In Reply to: Re: Rental Agency Fee posted by Erica on March 01, 1999 at 16:44:09:
: This happened to me, too and both brokers thought it was "exclusive". Misunderstanding between the realtors & landlord. We had signed the first realtor's application so were legally required to pay her the fee but instead the two realtors just split the fee evenly, and everyone was happy.
: May I ask how this happened? Was there a gap in time between the two showings? was the apartment an exclusive listing? Did the first agency make you sign anything with the first agency? did you read it?
: : If you signed nothing then I would think you don't have a problem. However if you did sign something with the words exclusive, first in there you may have screwed yourself into paying two commisions.
: : I would try to get the agency to go after the second agency if it was an exclusive listing.
: : Will
: : : I rented an apartment through an agency and paid them a fee, but had seen the
: : : same apartment with another agency first. The agency that showed me
: : : the apartment first is sueing me for the fee. Who's legally entitled to the rental
: : : fee, the broker who showed the apartment first or the "procurring" broker
: : : as one broker said? Would a New York City court make me pay a second
: : : fee? The suing agency wants me to settle with them. I'd appreciate any
: : : advise, experience or resources that anyone may have to offer in
: : : hopes of resolving the problem. Thank You. Ernie Applebaum
I signed a registration with the first broker who showed me the apartment,
but they were rude, impersonal and tried to push a higher priced apartment
on me at the time. When the second broker happened to bring me to the
same apartment, I decided to rent it through him. Someone told me that
there's a law called the "consumating" broker law which grants the fee
to the broker that actually brouhgt the deal into being regardless of who
showed the apartment first or what someone may have signed with them.
The apartment was not an exclusive. But I still don't know if this is the
law and whether I'm required to pay a second fee.
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