Realtor help
This is slightly long: Hey there, I’m in a bit of a pickle with a realtor, and was hoping that perhaps you all on here might have some advice on how to rectify this situation. As a back story, for several days at the end of last month, my partner and I thought we would…
This is slightly long:
Hey there,
I’m in a bit of a pickle with a realtor, and was hoping that perhaps you all on here might have some advice on how to rectify this situation.
As a back story, for several days at the end of last month, my partner and I thought we would have to leave our apartment, so we blindly started searching and blindly signed an application for one apartment, leaving with them about $1500- the first month’s rent/deposit, which they told us was non-refundable unless we were denied the apartment. A day later, while browsing their site, we noticed an apartment that we were not shown, and requested to see it. Again, we blindly switched the application over to this new apartment (a studio) but did not initial, etc. the changes on the paper- the realtor took care of this at our request.
They did not run a background/credit check on me, so I am also owed that fee and there is no way that my partner alone could pass the application for said apartment.
Long story short, we no longer have to leave our home and want our money back.
We are pretty sure that we would be denied the studio based on my partner’s income (in retail) and my poor credit store and low income (I am a full-time student and a part-time barista), but have a feeling they would approve us out of spite. The best they can offer us is to put the money towards another place- but by June. Again, we now have no intention of leaving our space. The last correspondance from the realtor was today and in addition to basically being told to fuck off we were also told that the manager doesn’t make it a habit to contact clients.
In summation, we feel like we are being taken advantage of and also strongly believe that we are deserving of our money back, because to us, $1500 is nothing to sneeze at.
We are preparing to file a complaint with the Dept. of State in the hopes of getting some legal help.
Anyone out there have any other ideas, advice, etc?
THANK YOU!
Hi
This is Parker
In this topic we may know lot of thing and we know more about Realtor help and, in this there are provided different types of clarifications.
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Parker
Home Loans
You keep chattering on about details of the story that have nothing to do with the issue. The story of your roommate has nothing to do with the deposit and the realtor, neither does changing your mind about which apartment you were interested in. The realtor told you the situation with that particular apartment building and having to put down a deposit if you enter the application process. It is because they don’t want to put an apt on hold for you if you’re going to suddenly change your mind and walk away once they approve you. It’s not unheard of; I’ve had to do that before. But if you find that unfair, here’s the thing, you could have said no. The realtor may have walked you to the bank but it wasn’t at gunpoint, was it?
I sympathize as it sounds like you were overwhelmed and stressed and not making the best decisions, but it WAS your decision. You’ll have a hard time getting your money back. I agree with others that the only way to perhaps get your money is to state your case (simply with brevity, not babbling on about all this other stuff) apologize for the inconvenience and ask if they can make an exception and give you your money back. Don’t act all outraged and entitled to it. Because you’re not.
To clarify a few things; we are sharing a two bedroom apt (that has no lease) with a roommate. I have a good relationship with the landlord as I have lived in the apt before. Our roommate was supposed to find a new apt by Dec 1, but a week before told us she couldn’t afford to move yet. We have someone watching our cat and they could only watch him until Dec 1st. So we freaked out and got into this mess. Now we are staying as we realize that the landlord loves me, hence no lease/ security deposit. I will not name the realtor for legal reasons, but it one of the more well know real estate firms in the north Brooklyn area.
What BMG’s narrative described was delivery of a cashier’s check BEFORE even seeing, let alone signing, a contract—something more akin to a Nigerian advance fee scam, then a “normal” real estate transaction. If GT/BMG’s description is accurate, it leaves one thinking they ought to immediately start monitoring their bank and credit card accounts. Too many oddities in this story of both realtor’s behavior and their own. Also odd, since BMG’s update, no-one’s mentioned that they have legal rights as tenants sharing an apartment.
Greentypwriter and/or Bustermcgillicuddy,
I hope you’ll let us know what you find out from the NYS Dept. of State. I’d really like to know if the realtor’s conduct IS illegal.
I can’t believe all the shock at greentypewriter + partner putting down a deposit with their application that’s only refundable if they aren’t approved. Have you all not rented recently? In my apartment hunt over the summer, this was standard practice.
As unfortunate as your situation is, greentypewriter, I don’t think it’s the fault of the broker. Is there any way the apartment you thought you were going to have to leave can help you out? That misinformation is the only deception here.
You actually let someone drive you to a bank and demand that you write a cashier’s check for $1525 even though it would only “help” secure the apartment?
Greentypewriter/Bustermcgillicuddy: For the sake of the help you claim you are seeking, it would help for you to name the agency, if not the agent. More complete facts and picture; less drama. It’s hard to believe that a legitimate agency/agent would *drive* you to your bank for a cashier’s check. Also hard to imagine how or why you’d willingly participate without a million alarm bells going off in your heads.
MOpar, I respectfully disagree. There’s a difference between an unsavory broker that is probably not working in your best interests and a scam.
A scam = intent to deceive. The broker here did not deceive. The broker stated upfront that the deposit was not refundable except under specific conditions. The OP okayed this deal and gave the broker money. Now the OP wants her money back even though the specific conditions have not been met. Techncially, she’s the welcher.
Is it true that you should never give money to someone until they are actually going to give you the apartment? Yes.
Is it true that honest, licensed brokers are not going to ask for money before they can guarantee you an apartment? Probably.
It’s absolutely the case that this is a lame setup that the OP should not have entered into, and wouldn’t have if she had been older and more savvy. But it’s not a scam. The OP was told exactly what would happen if she changed her mind, and now she’s changing her mind, and the only thing that’s happening is exactly what the broker said would happen.