Getting back my realtor fee (real estate, apartment, rental)

[heybeautifuL]

I am going to simplify this as much as possible. I recently went thru a realtor for the first time to get an apartment. I signed the lease and immediately following, was supposed to meet with the landlord at the apartment but she was not available. In the two weeks I had until move in, not once was she able to meet me and do a final viewing of the apartment. On move in day, a Saturday, I rented a uhaul, drove to the apartment, and was appalled. For starts, it is a one bedroom apartment that I was renting for my young son and I. There was not ONE working smoke detector nor carbon monoxide detector in the apartment which I had asked about repeatedly and been told it was taken care of. #2, no fire extinguisher. #3 black mold in the dishwasher. #4 no plates on the outlets. #5 in my lease, it stated that the landlord is required by law to install window guards if any child 10 years or younger were living there and when I asked about it, the landlord told the realtor she did not want to be bothered with it since the apartment is technically not meant for a child (I suppose because it is only one bedroom). Now I could keep going but those were the majors especially since I am moving in with a child. I immediately contacted the landlord who within seconds, was quick to return every check I issued her. I also called the realtor who after all was said and done said "he too has black mold in his dishwasher if you do not clean it good enough" and "I can call him back monday thru friday because he has already wasted enough time on this issue and he does not work saturdays". After he had already taken 5 phone calls between the landlord and I. Now, my question is, how do I get my realtor fee back? I understand they are paid commission for finding me an apartment but he is not my realtor, I found the apartment online and he was the contact. I also do not have an apartment now. Number two, it does not state that it is not refundable in my lease which is now void. Number 3, the place was a safety hazard and NOT a habitable living environment for a child. And lastly, now when someone does rent the apartment, he will receive another commission check.

Do I have a leg to stand on here? I am in NJ and wondering if any one has advice or shared a similar experience.

Thank you.

[brokenaperture]

Did you sign any sort of rental application agreement with the realtor? It may have been noted in there that the realtor's fee is non-refundable once the lease has been signed even if you end up not taking occupancy in the apartment and the lease being terminated.

[sonetlumiere]

Originally Posted by heybeautifuL

I am going to simplify this as much as possible. I recently went thru a realtor for the first time to get an apartment. I signed the lease and immediately following, was supposed to meet with the landlord at the apartment but she was not available. In the two weeks I had until move in, not once was she able to meet me and do a final viewing of the apartment. On move in day, a Saturday, I rented a uhaul, drove to the apartment, and was appalled. For starts, it is a one bedroom apartment that I was renting for my young son and I. There was not ONE working smoke detector nor carbon monoxide detector in the apartment which I had asked about repeatedly and been told it was taken care of. #2, no fire extinguisher. #3 black mold in the dishwasher. #4 no plates on the outlets. #5 in my lease, it stated that the landlord is required by law to install window guards if any child 10 years or younger were living there and when I asked about it, the landlord told the realtor she did not want to be bothered with it since the apartment is technically not meant for a child (I suppose because it is only one bedroom). Now I could keep going but those were the majors especially since I am moving in with a child. I immediately contacted the landlord who within seconds, was quick to return every check I issued her. I also called the realtor who after all was said and done said "he too has black mold in his dishwasher if you do not clean it good enough" and "I can call him back monday thru friday because he has already wasted enough time on this issue and he does not work saturdays". After he had already taken 5 phone calls between the landlord and I. Now, my question is, how do I get my realtor fee back? I understand they are paid commission for finding me an apartment but he is not my realtor, I found the apartment online and he was the contact. I also do not have an apartment now. Number two, it does not state that it is not refundable in my lease which is now void. Number 3, the place was a safety hazard and NOT a habitable living environment for a child. And lastly, now when someone does rent the apartment, he will receive another commission check.

Do I have a leg to stand on here? I am in NJ and wondering if any one has advice or shared a similar experience.

Thank you.

1) Write a certified letter demanding the return of the rental fee citing the landlord's termination of the lease agreement. 2) Consider shaming the broker on yelp and other such review sites. 3) Sue the broker in small claims court. If the broker is a corporation, they are required to hire an attorney to represent them which might be more expensive than returning your fee. I am NOT a lawyer but it can't hurt to sue; I've done it myself a couple of times with good results. The forms are pretty easy to fill out and the filing fees are modest. Good Luck.

[Marc Paolella]

Regardless of what you signed, this individual sounds incompetent and unresponsive. I would call the broker of record who runs his office and inform him or her that the agent performed negligently and you are going to file a complaint with the real estate commission unless you receive a 100% refund of the commission fee immediately.

Tell him you don't want any further assistance from his or her firm, just the money, and "where and when can I pick it up?" Under normal circumstances, they will only be too happy to give you your money back, as dealing with the real estate commission is normally considered a fate worse than death.

If they don't respond appropriately, go ahead and file a complaint with the commission and get your pound of flesh for being treated so horribly. Send the agency a copy of the complaint to show them you mean business. The commission is obligated to investigate any complaint presented to them. Once the investigator has contacted the office, they may all of a sudden become more interested in doing the right thing, so you'll have a second chance at getting your money back.

The above will work almost all the time, but if it doesn't I would enhance my threat package to include the BBB and Angie's List and any other consumer agency that offers a platform for complaints. I would inform the broker that you are not going to let this go, and will pursue every Internet avenue of public shame that you can find. Agencies hate bad press, so this will likely work.

As a last resort if none of this works, I would file a small claims action to get my money back. A judge is likely to be sympathetic. If they don't show up for the hearing you might get a default ruling. At the very least you will force them to attend court and waste a work day.

Good luck.

[njusa2013]

All good advice above and one more thing. Contact the New Jersey Real Estate Commission and launch a formal complaint with them. If the realtor is indeed at fault the first fine for misconduct by the commission is $5,000 so it may not be in her best interest to keep your money.