BROKER FEES (making me broker...)

[oj]

situation: my neighbors decided to move and let me know before telling anyone else (per our personal arrangement). i called the landlord's mgmt company letting them know i'd like to switch units (the other is bigger). they said that's fine but still want a broker's fee to move across the hall (they also want me to remain responsible for the rent in the unit i live in until they rent it to someone else). does anyone know if the fee is legal? i thought the broker had to contribute materially to finding the unit before they could charge a fee?

any suggestions?

[lappert]

Yes, there are restrictions on brokers - contact the Attorney General's office for guidelines. THey might also be interested in knowing who the broker is that's particdipating in such a scam/kickback.

But be aware that you might need to play along in order to get the unit. Keep careful and sound documentation on all conversations, tel. calls, letters (get certificates of mailing to avoid certified mail), pay by check, etc. Have someone listen in (or record on tape if legal) where the landlord tells you to go to a specific broker. That person can later do an affidavit. In a situation like this, the broker would be considered an agent ot the landlord.

On your responsibility for the rent, they may have a point, but you can get out from that by subletting or finding them a new tenant, or later arguing that they did nothing to attempt to re-rent the place (which in NYC any place would be gobbled up).

[oj]

thanks for the feedback Fred, very helpful.