Legal Question in Real Estate Law in California
Hello, I have a real estate question. I had a real estate agent lease my house for me and he pressured me into signing a two year lease with a tenant. The tenant and I did not want a two year lease, so a few days later we amended the lease to one year. This was all before the move in date. I paid the real estate agent $1500 for the one year lease. He is suing me for an additional $1,500 for the second year of the lease, which I now dont have.
The leasing agreement says the landloard sets the terms and conditions and it just refences a 6% commision for the lease term. He never mentioned any additional fees for the second year and I never would have agreed to a $3,000 leasing fee. Looks like Ihave to go to small claims court- am I going to loose?
Kim Fenton
3 Answers from Attorneys
I would predict the agent wins.
Hard telling not knowing, but 'd put my money on the agent to win. He did his job and earned his commission for a two year lease. That fact that you both changed your minds later doesn't matter. If you didn't want a 2 year lease you both shouldn't have signed the deal. Could look like you are trying to cheat agent out of his commission for the second year.
Hope that helps and good luck.
The judge will decide that. I assume this is in Small claims court. Take your documents, and try to take the tenant with you to the hearing. Tell your story clearly about the 'pressure', and hope for the best.
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