Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My situation- I was at the end of renovations and tried to get a shot in craig to see what the renting situation is (very wise decision, he-he). Had few nice folks coming to see, among them one broker with some family. He started to describe his service for landlords, credit and references check etc. I told him what though I believe his tenants are good, I am not determined to pick up them, partially because he started heavy negatioations about the price right away, partiallly because app was not yet ready.
Then after couple days, when I had to leave (I am out of state landlord) he called again, said his tenants could not find anything and they want my app.I've got in touch with tenants, they told, they paid him 3 times rent and they have no other place to leave, previous landlord sold the house etc. Finally, I gave up and let them in.
He sent me some kind of lease, which I refused to sign because they put on it as if their RE company is going to manage property, and all the rent should be forwarded to them.
Now, tenants appeared good guys, a bit slow in English, but their furniture is too big for my app. So they would like to go for another app. But broker refuses to return their money.The thing is they did not sign anything with broker except this lease, which could not be considered in action, since I refused to sign it.
Initially, he tried to get money from me for securing the tenants, then I said I could take other tenants and made him actually a favor to take his tenants because their desperate situation. So he put in lease, as if tenants paid 1-st month, last month and some "rental fee". He promised me, by the phone, to have payment delivered to my bank account at the middle of month.
Questions arise-
Who actually had to pay to broker, in this case- tenant or landlord?
If broker's "rental fee" could be considered legal, if there was no any written agreements as between LL(me) and broker, as between tenants and broker about the broker's service and participation itself?
If there's no written agreement for a listing or tenant placement, then the broker isn't due any money. He/she should have discussed compensation UP FRONT with you, prior to showing the property. Otherwise, I would assume that the tenant is paying for their services.
My situation- I was at the end of renovations and tried to get a shot in craig to see what the renting situation is (very wise decision, he-he). Had few nice folks coming to see, among them one broker with some family. He started to describe his service for landlords, credit and references check etc. I told him what though I believe his tenants are good, I am not determined to pick up them, partially because he started heavy negatioations about the price right away, partiallly because app was not yet ready.
Then after couple days, when I had to leave (I am out of state landlord) he called again, said his tenants could not find anything and they want my app.I've got in touch with tenants, they told, they paid him 3 times rent and they have no other place to leave, previous landlord sold the house etc. Finally, I gave up and let them in.
He sent me some kind of lease, which I refused to sign because they put on it as if their RE company is going to manage property, and all the rent should be forwarded to them.
Now, tenants appeared good guys, a bit slow in English, but their furniture is too big for my app. So they would like to go for another app. But broker refuses to return their money.The thing is they did not sign anything with broker except this lease, which could not be considered in action, since I refused to sign it.
Initially, he tried to get money from me for securing the tenants, then I said I could take other tenants and made him actually a favor to take his tenants because their desperate situation. So he put in lease, as if tenants paid 1-st month, last month and some "rental fee". He promised me, by the phone, to have payment delivered to my bank account at the middle of month.
Questions arise-
Who actually had to pay to broker, in this case- tenant or landlord?
If broker's "rental fee" could be considered legal, if there was no any written agreements as between LL(me) and broker, as between tenants and broker about the broker's service and participation itself?
Your thoughts appreciated.
I think the broker owes the tenant money. You didn't have any type of arrangement with the broker. I would tell them to file a complain with the real estate board and file in small claims court.
Edit: Am I reading correctly that the tenants are residing in your apartment?
If so I'm not sure, its kind of dicey, so I'm not sure, the tenants might owe him the rental fee. But I don't know for sure. Regardless you don't owe him any money, and he owes the tenants their rent back.
The story is going farther. Now, broker forwarded me only one month's rent instead of two.He decided, probably, why not take from the both sides? So, he took tenant's last month from me as well.
So shortly, he took some "rent fee" from tenants, and some "service fee" from me. Without any written agreement upfront.
I did thought about small claims court, but I wanted first verify if that is not general broker's practice here (this is MA, BTW). Or real estate board could be more help?
The story is going farther. Now, broker forwarded me only one month's rent instead of two.He decided, probably, why not take from the both sides? So, he took tenant's last month from me as well.
So shortly, he took some "rent fee" from tenants, and some "service fee" from me. Without any written agreement upfront.
I did thought about small claims court, but I wanted first verify if that is not general broker's practice here (this is MA, BTW). Or real estate board could be more help?
Thanks everybody answered.
Yes absolutely the real estate board could help. I would go there and then to small claims. Also by broker do you mean agent? You might want to talk to his boss, because it might be him who you are suing. The boss might clear things up as well
Last edited by jdm2008; 11-17-2009 at 03:35 PM..
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
). Had few nice folks coming to see, among them one broker with some family. He started to describe his service for landlords, credit and references check etc. I told him what though I believe his tenants are good, I am not determined to pick up them, partially because he started heavy negatioations about the price right away, partiallly because app was not yet ready. 
