Does a broker always earn the fee?

[Nathan]

I decided to take an apartment shown to me by a broker. I made it perfectly clear to the apartment broker I was working with that I needed to move into the apartment he had shown me by a certain date, and no later. On the day before I needed to move I went with him to the management company and signed the lease. I was informed that I could get the key from the super and move in the next day. When I spoke with the super he said the apartment would not be ready for another week, and I couldn't have the key.

The lease didn't officially start until a week or so later and when I spoke with the management company they said they thought I meant to move in on the lease start date and that the broker had given me wrong info. I don't really have a complaint with the management company or the super but I'm wondering whether I can do anything about the broker? Should I try to get the broker's fee back or just forget it?

[NYCkid]

Brokers will always tell you whatever you want to hear. They are notorious liars which is why I refuse to ever deal with one, no matter how much more dificult it may be to find an apt without them. They dont have to do anything after they get you to sign the lease. After they get their commission, they wash their hands of the situation. While they are in no position to make gaurantees, they often do. It may not hurt for you tell a management company the broker lied to you. But they will probably not be surprised.

[Phil Cohen]

you could try small claims court or filing a complaint with whoever regulates real estate brokers. I think the problem is making your case -- your word vs. theirs. but yes, it may be worth a try.