Fee for a missed viewing of rental property (real estate, apartment)

[mlipp]

My family and I are in the market for a 3 bedroom apartment, and made an appointment to view one. Due to circumstances at work, we were unable to make the appointment. The next morning, I emailed the broker to state my regrets. He emailed back that he would be charging myself and my sister a $50 missed appointment fee, and if we did not remit payment in a weeks time, that he would be taking us to small claims court. Is this Legal??

[Leilani Vasquez]

Originally Posted by mlipp

My family and I are in the market for a 3 bedroom apartment, and made an appointment to view one. Due to circumstances at work, we were unable to make the appointment. The next morning, I emailed the broker to state my regrets. He emailed back that he would be charging myself and my sister a $50 missed appointment fee, and if we did not remit payment in a weeks time, that he would be taking us to small claims court. Is this Legal??

that sounds fishy to me. I've heard of submitting a deposit or application fee, but usually the fee is returned back to you if you don't rent the apartment

[shiver]

I think the guy is full of it. Did you sign a contract? I don't see what his claim in smalls claims court would be. I would contact the broker owner of the company and don't pay the fee.

[scarletfire]

I'm sorry to hear you had such a rotten experience. That's completely ridiculous of the agent. Everyone misses appointments from time to time and if you call someone ahead of time to say you can't make it, that's that. It's happened to everyone. I'd ditch the agent and file a complaint with either the broker he works for or the Mass real estate board.

[Missmoose]

Did he have you sign an agreement stating that missed appts. are subject to a fee? If not, idsuggest he place his thumbs somewhere warm

[scarletfire]

I do agree that he has no right to ask for money for a missed appointment. However, it doesn't sound like you notified him until the next morning that you weren't going to make it, which is pretty inconsiderate. (If I misunderstood that I apologize). In either case, the guy isn't owed money unless you signed some sort of agreement to that effect.

[AandD]

You are inconsiderate, but probably not required to pay a fee unless you agreed to in a contract.

you do realize that he could have spent that time with other clients, right? That he, perhaps, is feeling the crunch of the economy in many ways that a person not working on commission would.

[Atlantica]

Originally Posted by mlipp

My family and I are in the market for a 3 bedroom apartment, and made an appointment to view one. Due to circumstances at work, we were unable to make the appointment. The next morning, I emailed the broker to state my regrets. He emailed back that he would be charging myself and my sister a $50 missed appointment fee, and if we did not remit payment in a weeks time, that he would be taking us to small claims court. Is this Legal??

It will cost this broker more time and money to recoup his loss in small claims court than it cost him by your not showing up and he knows that. He's hoping to scare you into thinking you will lose a day's pay to go to court. Don't fall for it.

He's not a very good thief or businessman. He's now lost your business, good will and references. I would write a letter to the owner/manager of the brokerage he works for explaining the situation.

While calling earlier would have been the best way to deal with this, things happen. Anyone who works with the public and sets appointments knows this and understands that.

[dognh]

He's bluffing. Just hoping for a sucker so he can make a quick $50. Ignore him and move on.

[litlux]

Everyone's time is precious, and blowing off an appointment without taking a moment to call and explain is inconsiderate.

I think he made his point in a rather memorable way.