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MD1300

Junior Member
What is the name of your state (only U.S. law)? New York. I am currently apartment searching and when you go around with a broker they have you sign a paper. The one broker I went with's form said that "by signing the form I cannot rent or sublet from any apartments in the buildings listed below within 150 days." There were a few of us looking to live together but he only had me sign the form (in the top corner, not on the signature line I might add) and he didn't have me date it. He also had me initial next to the first blank for an address. I asked for a copy two days later and no further information was filled out (the top portion with basic info about me and my criteria was not touched/nothing was written) and he did not list ANY of the properties he showed (no addresses were listed at all). My question is, if one of my friends (not me) decides to lease an apartment he showed us and I potentially sublet from her down the road, are we legally obligated to pay a broker fee? Again the form was not filled out at all and I have proof from the copy he sent me two days later that it was not dated and no addresses were put down.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? New York. I am currently apartment searching and when you go around with a broker they have you sign a paper. The one broker I went with's form said that "by signing the form I cannot rent or sublet from any apartments in the buildings listed below within 150 days." There were a few of us looking to live together but he only had me sign the form (in the top corner, not on the signature line I might add) and he didn't have me date it. He also had me initial next to the first blank for an address. I asked for a copy two days later and no further information was filled out (the top portion with basic info about me and my criteria was not touched/nothing was written) and he did not list ANY of the properties he showed (no addresses were listed at all). My question is, if one of my friends (not me) decides to lease an apartment he showed us and I potentially sublet from her down the road, are we legally obligated to pay a broker fee? Again the form was not filled out at all and I have proof from the copy he sent me two days later that it was not dated and no addresses were put down.
The broker would have a hard time enforcing an agreement with material facts missing and no signature from the lessee.
 

MD1300

Junior Member
The broker would have a hard time enforcing an agreement with material facts missing and no signature from the lessee.
Do you think I could sublet from my friend though in a month or two (meaning under the 150 day period) without having to pay a broker fee? The agreement did say if you lease or sublet a unit in the buildings listed below within 150 days, but again none of the addresses are listed on the form (pretty much the form is blank except for my signature in the top corner and my initials on one line. We wouldn't have any written agreement stating that I was subletting, but if I did sublet I would likely be paying her or paying the other girl who would be subletting from her (her being the girl leasing the apartment).
 

Zigner

Senior Member, Non-Attorney
Do you think I could sublet from my friend though in a month or two (meaning under the 150 day period) without having to pay a broker fee? The agreement did say if you lease or sublet a unit in the buildings listed below within 150 days, but again none of the addresses are listed on the form (pretty much the form is blank except for my signature in the top corner and my initials on one line. We wouldn't have any written agreement stating that I was subletting, but if I did sublet I would likely be paying her or paying the other girl who would be subletting from her (her being the girl leasing the apartment).
You're asking what is, essentially, the same question. See the prior response by Quincy.
 

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