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Forgive me if this is a stupid question, im relocating from California where we dont use brokers for apartments (home purchases only). I recently signed a rental lease on a 1brm condo on the Union City area immediately boardering Weehawken. When viewing the unit i noticed that there were slots in the wall of both the living room and bedroom for AC units but they had some sort of cover over them so I couldnt tell if there were actual units in there or not. I asked the broker if there were units and he said yes, and that i'd just need to get the super to remove the covers. I again mentioned the AC units on a phone conversation with the broker a day later and was reassured that there were units under the covers. After signing and moving in the super and i discovered that the slots in the wall were empty. do i have any rights which would entitle me to have the owner install units? I stupidly did not get it in writing because from the outside of the building it really did appear that there were units in the spaces but i guess its just a decorative cover that looks like an AC unit from the outside. am i stuck? Ive emailed the broker but im not even sure if im still supposed to deal with them or if im suppoosed to try to communicate with the owner directly ( i dont have her number but i do have an address to send my rent checks. again i have no history with brokers so i have no idea what my rights are. Summer will be brutal if i dont get this figured out and i really dont want to do this on my dollar.
Forgive me if this is a stupid question, im relocating from California where we dont use brokers for apartments (home purchases only). I recently signed a rental lease on a 1brm condo on the Union City area immediately boardering Weehawken. When viewing the unit i noticed that there were slots in the wall of both the living room and bedroom for AC units but they had some sort of cover over them so I couldnt tell if there were actual units in there or not. I asked the broker if there were units and he said yes, and that i'd just need to get the super to remove the covers. I again mentioned the AC units on a phone conversation with the broker a day later and was reassured that there were units under the covers. After signing and moving in the super and i discovered that the slots in the wall were empty. do i have any rights which would entitle me to have the owner install units? I stupidly did not get it in writing because from the outside of the building it really did appear that there were units in the spaces but i guess its just a decorative cover that looks like an AC unit from the outside. am i stuck? Ive emailed the broker but im not even sure if im still supposed to deal with them or if im suppoosed to try to communicate with the owner directly ( i dont have her number but i do have an address to send my rent checks. again i have no history with brokers so i have no idea what my rights are. Summer will be brutal if i dont get this figured out and i really dont want to do this on my dollar.
Hi pops,
I would call the agent, inform him of the problem, and tell him you will be calling his boss (the broker of record for the real estate company). Tell the broker of your repeated conversations where you were given assurance that A/C units were included with the apartment. Tell him you want $1,200 to have 2 units installed. If he says no, which of course he will, tell him that you will immediately contact the real estate commission and file a complaint based on misrepresentation by his agent. If that does not get a response, draft a complaint through your attorney and send him a copy giving him 72 hours to rectify the situation or you will file the complaint.
This should get you some relief. If it does not, then file the complaint.
I will tell you that brokers are insanely afraid of having to deal with the real estate commission. I doubt you will actually have to file the complaint. You will probably get an offer of compromise of some sort, which will at least partially pay for the A/C units.
First it does not matter legaly it was not in writting because it is not within the statue of frauds (specific instances where it needs to be memoralized in a writting). (the broker could essentially aregue if the lease was for longer than a year it needed to be specified in the writting). Second even if the broker that what they were telling you was truthful it will not get them off the hook legally if this is a material breech (sounds like it is to me). Stress in your conversation/complaint that the broker committed a material breech and if he starts giving you a hard time ask for his/her professional insurance carrier and contact them to file a claim.
I called the broker today and he seems to want to rectify (so far) he said he's going to call the owner and "seems" to be going to bat for me to get the units. Im not sure if he was told by the owner that there were AC's but he seems surprised to learn that there aren't and is making some efforts on my behalf. If he comes back with a BS response then i'll pull out my "material breach" dialogue and if that fails i'll escalate the situation as you guys have suggested. Thanks so much! CD forums have really helped make this cross country move go pretty smoothly for me!
At this point the broker can't do much to help you. Talk to the landlord, check the mls listing did it have listed that there were a/c units?
I doubt your seeing decorative covers from the outside, if they are thru the wall it is most likely the rigid mount for the a/c unit which slides inside of it. Ask the landlord where the a/c units are, tell them the agent told you there were a/c units that would be installed and see if he'll do anything about it.
I don't think you can or what you'd get if you threatened the broker to sue him since you didn't buy the place but see if they can work something out with him or at least express the problem to him. If the a/c was in the mls listing, they need to supply you with one or you can back out of the lease. If the listing agent made the mistake, you'd have your agent complain to his broker.
Good Luck...
Quote:
Originally Posted by popschild
Forgive me if this is a stupid question, im relocating from California where we dont use brokers for apartments (home purchases only). I recently signed a rental lease on a 1brm condo on the Union City area immediately boardering Weehawken. When viewing the unit i noticed that there were slots in the wall of both the living room and bedroom for AC units but they had some sort of cover over them so I couldnt tell if there were actual units in there or not. I asked the broker if there were units and he said yes, and that i'd just need to get the super to remove the covers. I again mentioned the AC units on a phone conversation with the broker a day later and was reassured that there were units under the covers. After signing and moving in the super and i discovered that the slots in the wall were empty. do i have any rights which would entitle me to have the owner install units? I stupidly did not get it in writing because from the outside of the building it really did appear that there were units in the spaces but i guess its just a decorative cover that looks like an AC unit from the outside. am i stuck? Ive emailed the broker but im not even sure if im still supposed to deal with them or if im suppoosed to try to communicate with the owner directly ( i dont have her number but i do have an address to send my rent checks. again i have no history with brokers so i have no idea what my rights are. Summer will be brutal if i dont get this figured out and i really dont want to do this on my dollar.
I think you are screwed.My dealings with agents and there brokers..and I have had many leave me believing they just don't care.Always get things in writing.Good Luck!
One last thing to add, especially after JMC comments; yes many agents, brokers, and even businesses will screw people over to save a buck. I have been there (getting screwed over). I use to think if I complain that will get me somewhere (sometimes it does) and if it does not you file a law suit (and then takes care of the problem every time). I am not advocate filling friv. suits, but many times it is neceessary to take legal action to get answers (which is unfortuneate). People in the wrong bank on injured parties not having access to the legal system for a variety of reasons. You are entitled to have the ac units, a modified agreement to the lease, or the option to cancell the lease (constructive eviction). As I said hopefully the broker will do the right thing and rectify this for you, but if not let me know and I will draft any legal documents/demands for free (I am titred of seeing good people taken advantage of)
One last thing to add, especially after JMC comments; yes many agents, brokers, and even businesses will screw people over to save a buck. I have been there (getting screwed over). I use to think if I complain that will get me somewhere (sometimes it does) and if it does not you file a law suit (and then takes care of the problem every time). I am not advocate filling friv. suits, but many times it is neceessary to take legal action to get answers (which is unfortuneate). People in the wrong bank on injured parties not having access to the legal system for a variety of reasons. You are entitled to have the ac units, a modified agreement to the lease, or the option to cancell the lease (constructive eviction). As I said hopefully the broker will do the right thing and rectify this for you, but if not let me know and I will draft any legal documents/demands for free (I am titred of seeing good people taken advantage of)
I would advocate that the OP use a real attorney if it comes down to legal action. One that charges for their services and has decent command of the English language.
Yes, I didnt spell check my post. However, I am licensed to practice in PA, NJ, MD. I will add I have not lost a case yet either. As an agent/broker I am sure you are well aware of, the broker who made the misrep. if proven will be found liable. One other thing I would suggest as the other poster did as well call the broker and record the conversation. Don't inform the broker you are recording the call. Now lets see how many brokers think they are lawyers and will tell you this is illegal (they have not passed the bar). I have. There are only 12 states that currently require you to obtain consent prior to recording (PA is one so do not originate the call from there). NJ only requires the consent of one party to record the call (you). If any one is not aware of this take a look at the statue N.J. Stat. § 2A:156A. Also if anyone wants to see caselaw from the NJ courts where brokers and agents have been held liable for similar circumstances let me know, I will gladly send it to you. I am sure there are a lot of great brokers/agents out there, but clearly here the broker made a material misrep. pertaining to the home having AC. Hey the broker that rented the place, may have made an honest mistake and willing to work this out. I am not trying to argue with anyone here, just stating the current law in NJ. I think we can all agree the renter is entitled to the AC units or compensation. Hope all works out.
Quote:
Originally Posted by Marc Paolella
I would advocate that the OP use a real attorney if it comes down to legal action. One that charges for their services and has decent command of the English language.
-Marc
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What to do...
AC's
