Crooked realtor not returning deposit&1 mo. rent

[Dey74]

I live In Brooklyn, NY. I recently dealt with a realtor who was recommended by a friend to me. I needed an apartment fast and didnt have the money for a realtor's fee. He claimed that since I was recommended by a friend he would do it for no charge.(without his brokerage knowing)Fine on June 26,00 I was shown an apartment for $725 a month. I paid the deposit that day for that apartment. I paid cash and got a receipt. He took my W2 and paystubs so the landlord could do a check. I was given a card from his brokerage, but told it would be better to contact him on his cell phone. Later on that week, he told me everything was fine. And I will move in on August 1st, because they needed to repair the some things in the apartment.At this time I had still not signed any lease, and due to the fact that he is a friend of my cousin I was not worried about it, not to mention that it was my first apartment. On July 19, he came to my job to pick up the first month of rent. I gave him cash again and received a receipt. I was told that everything was fine, and set up fot the first of August. On July 24th, I went to the apartment with a friend of mine and the realtor so he could show me the repairs that had been made. At this time I still had not signed a lease. The following days I was not able to contact him and it was July 31 and i has still not signed the lease or gotten the keys. That night he called me and apologized and explained that he was out of town due to an emergency. He said that early on the first we would meet the super and sign the lease. On the 1st, when I go to the apartment building with two vans full of boxes, he tells me that their was a mix up in the managments office and that the landlord had rented and given the keys of my apartment to someone else. He then tried to convince me to take another apartment that was empty in the building, but it was not fixed nor was it as big as the one I was shown. So i angrily decided that I didn't want that apartment and That I wanted my $1450.00 back. It's has almost been a week and He continuously calls me with excuses. I am about to call the police and file a lawsuit on him if I don't get the money by the end of today. What are my rights, How can I go about this? The sad thing about it is that I have another apartment already lined up, but I need my money! PLEASE HELP!

 

[peter]

Call his BOSS immediately, and demand the money back, then file a police report...



<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dey74:
I live In Brooklyn, NY. I recently dealt with a realtor who was recommended by a friend to me. I needed an apartment fast and didnt have the money for a realtor's fee. He claimed that since I was recommended by a friend he would do it for no charge.(without his brokerage knowing)Fine on June 26,00 I was shown an apartment for $725 a month. I paid the deposit that day for that apartment. I paid cash and got a receipt. He took my W2 and paystubs so the landlord could do a check. I was given a card from his brokerage, but told it would be better to contact him on his cell phone. Later on that week, he told me everything was fine. And I will move in on August 1st, because they needed to repair the some things in the apartment.At this time I had still not signed any lease, and due to the fact that he is a friend of my cousin I was not worried about it, not to mention that it was my first apartment. On July 19, he came to my job to pick up the first month of rent. I gave him cash again and received a receipt. I was told that everything was fine, and set up fot the first of August. On July 24th, I went to the apartment with a friend of mine and the realtor so he could show me the repairs that had been made. At this time I still had not signed a lease. The following days I was not able to contact him and it was July 31 and i has still not signed the lease or gotten the keys. That night he called me and apologized and explained that he was out of town due to an emergency. He said that early on the first we would meet the super and sign the lease. On the 1st, when I go to the apartment building with two vans full of boxes, he tells me that their was a mix up in the managments office and that the landlord had rented and given the keys of my apartment to someone else. He then tried to convince me to take another apartment that was empty in the building, but it was not fixed nor was it as big as the one I was shown. So i angrily decided that I didn't want that apartment and That I wanted my $1450.00 back. It's has almost been a week and He continuously calls me with excuses. I am about to call the police and file a lawsuit on him if I don't get the money by the end of today. What are my rights, How can I go about this? The sad thing about it is that I have another apartment already lined up, but I need my money! PLEASE HELP! <HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dey74:
I live In Brooklyn, NY. I recently dealt with a realtor who was recommended by a friend to me. I needed an apartment fast and didnt have the money for a realtor's fee. He claimed that since I was recommended by a friend he would do it for no charge.(without his brokerage knowing)

*************************
HomeGuru response: this is a premeditated illegal act as this type of real estate activity must go through the brokerage firm.
*************************

Fine on June 26,00 I was shown an apartment for $725 a month. I paid the deposit that day for that apartment. I paid cash and got a receipt.

***************************
HomeGuru response: two illegal acts. 1) for accepting money personally without turning the money over to the brokerage firm to be put in a client trust account. Known as commingling funds. 2) for accepting the deposit money and not writing a rental agreement.

****************************

He took my W2 and paystubs so the landlord could do a check. I was given a card from his brokerage, but told it would be better to contact him on his cell phone.

*****************************
HomeGuru response: now you know why. He wanted to take the money and not tell his principal broker. This way he could do a side deal (under the table) without his broker knowing.
*****************************

Later on that week, he told me everything was fine. And I will move in on August 1st, because they needed to repair the some things in the apartment.At this time I had still not signed any lease, and due to the fact that he is a friend of my cousin I was not worried about it, not to mention that it was my first apartment.


*********************************
HomeGuru response: and you now know that you were wrong.
**********************************

On July 19, he came to my job to pick up the first month of rent. I gave him cash again and received a receipt.

***********************************
HomeGuru response: more continuing illegal activity.
***********************************

I was told that everything was fine, and set up fot the first of August. On July 24th, I went to the apartment with a friend of mine and the realtor so he could show me the repairs that had been made. At this time I still had not signed a lease. The following days I was not able to contact him and it was July 31 and i has still not signed the lease or gotten the keys. That night he called me and apologized and explained that he was out of town due to an emergency. He said that early on the first we would meet the super and sign the lease. On the 1st, when I go to the apartment building with two vans full of boxes, he tells me that their was a mix up in the managments office and that the landlord had rented and given the keys of my apartment to someone else. He then tried to convince me to take another apartment that was empty in the building, but it was not fixed nor was it as big as the one I was shown. So i angrily decided that I didn't want that apartment and That I wanted my $1450.00 back. It's has almost been a week and He continuously calls me with excuses. I am about to call the police and file a lawsuit on him if I don't get the money by the end of today. What are my rights, How can I go about this? The sad thing about it is that I have another apartment already lined up, but I need my money! PLEASE HELP! <HR></BLOCKQUOTE>


***********************************
HomeGuru response: Get out the business card that he gave to you, call the telephone number listed for the real estate company and ask to speak to the principal broker. Then tell your story in as simple a way as you can. Ex: your agent Mr. Realtor Ripoff promised to rent a place to me, I gave him the full deposit and rent money, he did not write a rental agreement, the place was rented to someone else and he stole all my money. Then listen while the broker is responding. Then say I want my money now in order to rent another place so when can up come to your office to pick up the cash. If they give you hard time, threaten them by saying that you will file written complaints against the agent and the principal broker with the local police, State Real Estate Commision, the local Board of Realtors, the BBB, the State Office of Consumer Protection and the Office of the Attorney General. I bet you did not know this but pursuant to the real estate licensing laws, the principal broker is responsible for the actions of the agent. Therefore have the principal broker/brokerage firm pay you back, and let them go after this thief on their own.

[This message has been edited by HomeGuru (edited August 07, 2000).]

 

[Dey74]

Thank you, Homeguru for your help. But I have one more problem. I called the Brokerage for which he gave me the card. They told me that he has not worked there for more than two months. Now what I am supposed to do? Do I get a Lawyer? Even though right now I cannot afford one?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dey74:
Thank you, Homeguru for your help. But I have one more problem. I called the Brokerage for which he gave me the card. They told me that he has not worked there for more than two months. Now what I am supposed to do? Do I get a Lawyer? Even though right now I cannot afford one? <HR></BLOCKQUOTE>

I can't stand crooked Realtors. Even more than crooked lawyers.

 

[peter]

Doesnt matter they are LYING, he does work there tell him to prove it ....

Contact the people honme guru suggested, also call

Penny Crone FOX 5 News, or Ch 9 action reporter to get some help

He still works there trust me...

===================================


<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dey74:
Thank you, Homeguru for your help. But I have one more problem. I called the Brokerage for which he gave me the card. They told me that he has not worked there for more than two months. Now what I am supposed to do? Do I get a Lawyer? Even though right now I cannot afford one? <HR></BLOCKQUOTE>