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Is a broker fee owed on this in full, or can/should this be negotiated down?

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Curious11801

Junior Member
What is the name of your state (only U.S. law)? NY

I have rented an apartment in NYC, in the same building as the apartment I just vacated.

I found it originally via my building's mailman, when I told him I was going to be looking for another place. He referred me to a broker who allegedly had the listing. I liked the place, and filled out credit check forms, and rental forms (the building's forms), etc., but never signed a brokerage agreement. In going through the process of getting approval, etc., the broker was completely useless. Forms weren't filled out even in part for myself or the person I was going to be renting the unit from, or had wrong information, etc. Additionally, once I was sent the wrong papers entirely. In any case, the broker's staff so frustrated the process with the delays and simple, avoidable mistakes that the owner and I went along without him. When we informed the broker that he was now hindering the process, he immediately sued myself and the owner. I later discovered that the owner never had a signed listing agreement with the broker, as I similarly did not have any actual agreement signed with the broker. The only things signed to the broker by me was for a receipt of monies given over for the rent and security, a deposit on the broker fee (although there was no actual brokerage agreement ever given to me, and allegedly none ever given to and/or signed by the owner), and the various credit check, background check and application forms for the building. The broker never even contacted me to discuss what I'd be willing to pay, if anything for services rendered, which, as stated above, ultimately ended up frustrating, more than facilitating the deal. Do I owe this slug, who couldn't even do anyone the courtesy of making a phone call to try to resolve things anything? I've also learned the broker himself is licensed as such, but his employee, who acted mostly throughout as though he himself was the broker (I only learned otherwise the day I gave over funds listed above) is not licensed, either as a broker, or as a licensed salesperson. The broker's employee however has multiple listings under multiple websites which suggest, but do not claim outright, that he is in effect a broker or at least a licensed salesperson.

Given that there are no known listing or broker agreements, what do I owe this creep, if anything. He still has the deposit on the overall broker fee. I might be willing to walk away from that and call it a day, but I don't think the broker will. I assume he will insist on going ahead in small claims court.
 


PaulMass

Member
If he has actually filed a small claims suit against you, you will need to respond.

It sounds like you may have counterclaims for the deposits and fees you paid him.

If you don't understand the process, you should contact an attorney
 

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