Landlord tenant issue (real estate, foreclosure, rental)

[prakashnvln]

Hi

I was looking for rental properties around pembroke pines and got hold of a realtor. She sent me pictures of a property which was good and she introduced me to another realtor who is the listing agent of that property. The listing agents daughter owns this property. The house looks good and i signed the lease documents immediately. We have asked her some questions like who takes care of cleaning the common areas and the lady (listing agent) told us the association is supposed to take care and not sure why it is dirty. We never paid much attention, since we assumed that the guys have not turned up to clean that day or week.

Per the condo policy, i and my wife went to meet the guys at the office for an interview and thats when we got some shocks. They guys clearly told us there is nobody to maintain the property (cleaning the common areas). Then i called up the property management company and found the following:

1. There is no janitorial company to take care of the property.
2. The tennis court is very very dirty and not maintained and in very much not usable condition, since the association did not budget the maintenance. They say many people are not paying the HOA fees and many properties are under foreclosure.
3. The pool is horrible, the maintenance company says that kids throw furniture, bricks and what not and they cannot help with this.
4. There is nothing called a gym, which the realtor mentioned that there is one.
5. There is no security guard to the appartment, its just a gated community.
6. They cannot feed my phone number into the box to dial for visitors, since i have an out of state number. I need to walk all the way to the gate evey time i have a visitor. I dont want to change my phone number, since i have been using it for the past many years.

The very day we have informed the realtor that we are not interested in moving into this property, since we have found the above.
Now the listing agent says that i will not get my advance back. I was kept in dark about the points mentioned above. The realtor takes it easy, since she doesnt want to get involved. The listing agent says that she is ok to break the lease provided i lose my deposit.

I feel why should i lose my money, which i have not stepped into. What is the job of the realtor ? Is it not her responsibility to guide me about the property. Who do you think has right towards the deposit.

[seain dublin]

Welcome to Florida. You really need to do your homework here when you're dealing with anyone. Never take anything at face value.

Lots of scammers.

Hopefully you learned something from this.

Look as it a lesson learned. Next time you ask and verify all the issues before signing on the dotted line.

[michael near Athens]

Take her to small claims court, just the subpoena will get your money back. Next time take a look first before you give any monies. Real Estate and car salesmen are the same lot, if their lips are moving it's a lie.

[Anyelina]

Originally Posted by michael near Athens

Take her to small claims court, just the subpoena will get your money back. Next time take a look first before you give any monies. Real Estate and car salesmen are the same lot, if their lips are moving it's a lie.

This is wrong, please don't generalize. There are a lot of good Realtors that are honest, have integrity and follow the ethics of the National Board of Realtors. If you haven't been smart enough by choosing the right Realtor its your problem, don't come here and generalize blaming every Realtor for your own errors.

[Anyelina]

Originally Posted by prakashnvln

I feel why should i lose my money, which i have not stepped into. What is the job of the realtor ? Is it not her responsibility to guide me about the property. Who do you think has right towards the deposit.

You did NOT have a Realtor that was representing YOU. That Realtor was representing the LANDLORD, was working on her behalf. That's why is SO IMPORTANT that prospective tenants should look for a Realtor and a Real Estate company that can represent them to avoid precisely these kind of incidents. The money that prospective tenants give when making an offer on a property are held in escrow with the company and will not be given to the landlord until a fully executed lease contract where all the terms and conditions have been agreed by landlord and tenant.

Prospective tenants should NEVER work directly with a Landlord and pay directly the first month's rent or any security deposits to the landlord or Realtor representing the landlord, because if something goes wrong and there is any agreement in the lease contract, then the Landlord or Realtor representing the landlord will get any excuse for not giving that money back, or they will take too long for giving that back, or actually that prospective tenant would have to go to small claim court in order to get it back.

This person can avoid this uncomfortable and frustrating situation by just working with a Realtor that can represent him/her, and of course, that has NO kind or relationship with the landlord!

Prakashnvln: If you have chosen from the beginning to work with a Realtor that was representing YOU, that Realtor would have find out all this situation with the association and that community BEFORE you give any money or make an offer on this property. Actually, wouldn't have shown you this property in the first place. That Realtor who "referred" you directly to the listing agent of the property was not really helping you, was helping other Realtor's daughter to rent her property. You didn't have any real professional representation here.

Please don't pay attention to other people that hate Realtors and put in the same bag bad people and good people. Just be careful with the kind of Realtor you decide to work with. Make sure is licensed, check with the Board and meet that Realtor at his/her office and that is representing YOU, not the landlord. If you feel that the Realtor is not appropriately representing you, you can report that Realtor to the National Association of Realtors.

If you haven't signed yet the lease contract, they HAVE TO give you that money back. If it has been an executed contract, then will be more complicated, but you can break the lease proving the association is not taking care of the community offering the right conditions for living.

[JimboUSMC17]

Well according to the Op, they already signed the lease.

Always be careful of what you sign. there may be some language stating the deposit is non-refundable.

Also, when making a big move like this, it is imperative you look at the area yourself first and so any self-inspection that needs to be done.

It's like buying a used car from a private seller without first test-driving it.

I hope you get your money back, but if not then at least it's a learning experience.

[ladyinlimbo]

I am in a similar situation. I used a realty company who was suppose to work on my behalf. I gave them the money and they cut the check to the landlord who is also a broker. On the outside everything looks great but when I went to clean I found mold on the wall behind the stove. i immediately took pictures and sent to the landlord and teh realtor. The landlady said she would have her handyman look at it the next day. The handyman wiped the wall with bleach and was about to paint over it and told the landlord it was just dirt. After I insist to have my money back she said let her be honest with me that she caused a spill with the hose from her fridge and if I give her a time she will fix it. From 11/9/11 to now she has not complied and 1st bluntly refuse to get a mold inspector so I got one myself who said it spread from one wall to the other by the sink. She tells me mold inspectors just want your money and she will not pay let her handyman do it. How do I file a claim in the courts ?she appears to be a stiffed neck woman and wants to do things her way not caring who suffers for her short cut. the handyman could not even identify mold much less know what to do with it. when i insisted she got 2 more opinions from mold inspection co who quoted her more and told her situation is worse than first reported. I have borne enough now and want this agreement to end. what should i do? what my rights do i get back my 1st last and security?