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Can a contract supersede NYC common law on broker's fees?

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Can a contract supersede NYC common law on broker's fees?

Postby NYCTenant5543 » Tue Mar 19, 2019 9:56 pm

I recently came into contact with a realtor is stating that "our commission is considered earned when the application is approved".

This seems to be rather egregious....a landlord could "approve" someone then offer lease terms that are extremely unfavorable, or even not even agreeable to the prospective tenant.

This seems to fly in the face of every DOS posting I've seen, which states in some form or fashion that a realtor fee should not be paid/is not earned until all material terms of a lease are agreed upon.

If someone were to sign this, would it even be enforceable?
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Re: Can a contract supersede NYC common law on broker's fees

Postby TenantNet » Tue Mar 19, 2019 11:51 pm

Not sure, but we just saw this (and posted it on our Reference Section)
http://tenant.net/phpBB3/viewtopic.php?f=15&t=13681
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