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Broker wants to sue me

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Broker wants to sue me

Postby aa5019 » Tue Sep 26, 2017 4:37 pm

Here is my story:
I was looking for a new apartment and found the one on Streeteasy. The ad didn't mention any broker's fee, although it was not advertised as a no-fee apartment (and I didn't pay any attention to this fact initially).
As I always looked for no-fee apartments only, I decided that this one is a no-fee as well.
The broker showed me it and never mentioned anything about the broker fee.
I've submitted my paperwork through the broker and waited for the landlord to reply.
After the landlord approved me, the broker called me and said that since the landlord decided to pay her only 60% of the monthly rent as a commission, I need to pay her 40% as well.
I said that it is weird and we never agreed on that and that I want to talk to the landlord first to clear the situation.
Next morning we've met with the landlord and while waiting for the broker (she was 40min late) I asked him about what happened. He told me that he agreed with her boss on a 60% commission weeks ago and never changed his decision. He said that if the broker wants something on top of it from me - it is mine and her business.
So we've signed the lease and then the broker appeared and started shouting at me that I need to pay her. I said that we never agree on that and that the ad was advertised as "no-fee".

She called her boss and her boss sent me proof that the ad was not advertised as a no-fee, but the fee was not mentioned anywhere in the text.
I admitted that it is my mistake and I should notice that it is not "no-fee". But at the same time, I said that broker must mention that the fee is involved and disclose the amount from the day one.
Also, I assume that the broker by herself didn't know is it a fee or no-fee apartment as up until the night before signing, after she talked to her boss and he explained her this 40/60 situation.
I see my fault in this situation and I see broker's fault as well, so I proposed to her boss to negotiate the amount of fee down to 10% from 40%. He refused and said he will go to court against me and will claim that I owe him not 40% but 100% fee now.

Does he have any chances?
What shall I do?
aa5019
 
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Joined: Tue Sep 26, 2017 4:01 pm

Re: Broker wants to sue me

Postby aa5019 » Tue Sep 26, 2017 5:12 pm

Couple things to add:
1. It appeared that this person is not a broker but a salesperson (I don't know if there is any difference)
2. I signed no agreements with them and received no emails from them about the commission and its size.
aa5019
 
Posts: 2
Joined: Tue Sep 26, 2017 4:01 pm

Re: Broker wants to sue me

Postby TenantNet » Tue Sep 26, 2017 5:20 pm

In general, unless there's an agreement, oral or in writing, you are not on the hook for anything.

Brokers are supposed to be licensed by NYS. You can look into that.

FYI, on this site we generally deal with tenant issues after one moves into an apartment, not with issues before one moves in.
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