Legal Question in Landlord & Tenant Law in Florida

Unethical Real Estate Agent. & Unresponsive Landlord

I signed a 12m lease on a 2b/2b apartment in a gated community (privately owned condo) on 8/15/07. When trying to negotiate the price, the agent told me that she gave us the lowest price she could get. It wasn't until after the lease was signed that it is revealed that the agent is the sister-in-law to the landlord. I later find out that she gave someone else a better price for the same unit model for less money. When moving in, I also found out that there is no car care center or BBQ's which were advertised. I found them through their ad in the school paper, and found out that they waited until all students have arrived and lowered the advertised rent by $100 and 2 free months included, and still advertising missing amenities. The agent is a licensed NAR REALTOR and broke several of parts of the ''Code of Ethics.'' Is there anything I can do? Also, when making an inquiry to the landlord on trying to renegotiate the lease, their failure to respond is coming up on 1 month, and the rent is due? Please help! Thanks!


Asked on 12/15/07, 4:49 pm

2 Answers from Attorneys
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Unethical Real Estate Agent. & Unresponsive Landlord

You might be able to sue for breach of contract to rescind your lease if you so desire. If you would like to discuss further, please call my office for a consultation.

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Answered on 12/17/07, 11:07 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Unethical Real Estate Agent. & Unresponsive Landlord

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Frankly, you probably have no claim against the landlord. You may be able to file a complaint against the realtor with the Florida Real Estate Commission (FREC). You can also file a complaint with the local Board of Realtors to which she may belong. The realtor should have disclosed her relationship to the seller.

Unfortunately, you are obligated for the rent and should pay it before you become delinquent.

Scott R. Jay, Esq.

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Answered on 12/15/07, 8:07 pm


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