Real Estate Broker Commission... NYC

[Jeanstar9]

What is the name of your state? New York

I recently moved from California to New York. I found an apartment listing on craigslist posted by a real estate broker. I contacted the broker about the apartment and notified him that I was in California and would not be able to look at the apartment before I rented it. I needed an apartment desperately so I relied on the broker for the description of the apartment. The lease was overnighted to me and I signed it without having viewed the apartment. I told the broker the lease required the tenant views the apartment and the broker told me to disregard that part because the landlord was under the impression I had seen the place. When I saw the apartment it was NOT what the listing on craigslist or the broker described. The broker admitted to me that neither he nor the agent I was dealing with had ever seen the apartment, yet all the while they were answering my questions about the apartment like they had. At this point I had not paid the broker, I told him I was unsatisfied with his work, I did not want this apartment and wanted out of the lease. The broker told me he did not want me to be unhappy and that he would look for a new tenant so the management would let me out of the lease and that he would then help me find another apartment at no additional charge. I then paid the commission originally agreed upon and signed a commission agreement with a handwritten clause by the broker. The contract states that "I agree to pay the sum representing the real estate broker's commission for locating the abovementioned apartment". The broker wrote in-- “this fee will be transferred to a new apartment at no extra charge." The contract goes on to say that "the broker's fee shall be returned if applicant is rejected by the landlord."

I was ready to move in to the apartment 4 days after the lease began, when I went to move in I found that the keys I had been given on the date my lease began by the management office did not open the doors. The super in the building informed me that the locks had been changed because there was paperwork missing with the management office (no one ever notified us of this) and when he finally opened the door to the apartment we found that the apartment was not ready; it had not been cleaned, it had paint buckets, brushes, and tools everywhere. Since the apartment was not ready by the start of the lease date, the following day I went in to the management office and cancelled the lease and got the security deposit and first month's rent returned. I went to see the broker with the intention of getting the fee returned as well at which time I was told that they had provided a service, I had signed a contract and they had no intention of "losing the commission" and either I let them find me a new apartment or he'll "take his chances in court."

At this point I am in New York crashing with a friend with my things in storage. I do not have my own apartment, I do not trust the broker that I'm dealing with, I do not want to continue to work with him, I want my money returned but I don't know if the contract I signed allows for that. As it stands now the fee I paid for the original apartment is supposed to be transferred to a new apartment at no extra charge. Does that mean IT MUST BE? Is there anyway I can get my money returned?!