Real estate bait-and-switch - chances of getting deposit back

[Ava_W]

We are moving to NYC from Upstate NY. We found a place that was listed under a different neighborhood than it is actually in. Not being from the area, we relied on the broker's information. We already paid a deposit of $300 and $100 for the credit check after being pressured by the agent, telling us that if we waited even a day, the place would be gone. Unfortunately we believed him and now after being approved and receiving the lease, we want out. We specifically asked about the neighborhood several times. On top of it, it is not as close to the subway as they claimed, it's actually double the time and some utilities that we were told are included are actually not. A classic bait-and-switch. My question is: what are my chances of getting the deposit back and what should we do?

 

[FlyingRon]

It's not bait and switch. The advertised property is the one being sold (and I'm not even sure the b&s laws apply to real estate). You might have a cause for some other misleading advertising, but by and large the MLS and other advertisements are disclaimed from being exact. Any representations that are binding in a real estate contract have to be in writing (in your contract).

Nothing you've said seems to be grounds to void the contract on it's own right. You need to have a lawyer review the contract to see if there is an out.

Salesmen will always tell you that the opportunity will go away if you don't act fast. The beback bus don't stop here.

 

[!CuriousGeorge!]

We are moving to NYC from Upstate NY. ?

Why??? NYC is a hole.

But, you did not visit the property before putting in a contract?

 

[sandyclaus]

We are moving to NYC from Upstate NY. We found a place that was listed under a different neighborhood than it is actually in. Not being from the area, we relied on the broker's information. We already paid a deposit of $300 and $100 for the credit check after being pressured by the agent, telling us that if we waited even a day, the place would be gone. Unfortunately we believed him and now after being approved and receiving the lease, we want out. We specifically asked about the neighborhood several times. On top of it, it is not as close to the subway as they claimed, it's actually double the time and some utilities that we were told are included are actually not. A classic bait-and-switch. My question is: what are my chances of getting the deposit back and what should we do?

While the broker SHOULD be more knowledgeable about the property and the area it's located in, it is ultimately YOUR responsibility to verify that the property is the one you want before giving deposits and making a commitment to take the place.

When buying or renting a place to live, it is NEVER a good idea to do things "SIGHT UNSEEN". If you really want something in a particular neighborhood, in a good location, or in an acceptable condition, it is on YOU to make sure it's exactly as it is represented - BEFORE you put your money down or sign anything. Once money has changed hands or you sign contracts, then you are pretty much stuck - and if the place is not as you had hoped or expected, you end up dissatisfied and looking for someone to blame.

IF you haven't yet signed a contract, and if this is a rental unit we are talking about, then your deposit essentially holds the place as your own, and you would be considered a month-to-month tenant. You would be required to give 30 days' notice of your intent to terminate your agreement, and unless the agent is able to find a replacement tenant prior to the 30 day mark, you will end up liable for the rent for that 30 days. Your deposit will end up going towards that, and if you never paid rent, then they might even be able to come after you for unpaid rent for that period as well.