Owner of condo changed mind not to rent but sell after taking rental app/credit check fee (agent, contract)

[CaliGirl70]

My niece and her boyfriend paid $100 app/credit check fee for a condo for rent in Las Vegas.
They used a real estate agent.
They were approved but when they went to pay the deposits, they were told the owners of the condo changed their mind about renting out the condo and now want to put it on the market to sell.
So do they get their app/credit check fee back since the owner changed their mind?

[BoBromhal]

it all depends on what their application, where they agreed to pay the $100, says. Under "equity"? Of course they'd get it back. and in theory if they used an agent and the landlord/seller had an agent, they'd get it back. and frankly, they should go put a stop payment on it yesterday (or dispute the charge).

[Electrician4you]

If the LL was fair he should refund the money. I would

[MTQ3000]

Originally Posted by CaliGirl70

My niece and her boyfriend paid $100 app/credit check fee for a condo for rent in Las Vegas.
They used a real estate agent.
They were approved but when they went to pay the deposits, they were told the owners of the condo changed their mind about renting out the condo and now want to put it on the market to sell.
So do they get their app/credit check fee back since the owner changed their mind?

Yes, they *should*. Have your agent talk to the other agent - that way, no emotions are involved and the landlord's agent can convince the his/her client that a refund is the right thing to do.

Of course, you would need to look at any contract they signed and see what happens in this type of situation. If it says the landlord can cancel the application at any time for any reason, and have no duty to refund anything, then your niece is sol.

Mick