Legal Question in Real Estate Law in Massachusetts

Realtor taking actions without my consent
Hello, I had put through an
application to rent an apartment
with a realtor.In less than 24 hours I
called back to cancel my application.
He said the landlord had not done a
credit/reference check yet and he
would call to cancel. After 2 days my
deposit and application fee checks
were cashed even though the realtor
had assured me he would call to stop
the application procedure and my
checks would not be cashed. He
never called the landlord because he
said he figured the landlord wouldn't
accept me due to my bad credit! The
landlord had no idea and still thought
I was getting the place so he
rightfully doesn't want to give me
my money back. After all this, the
realtor had said that he would pay
me out of his pocket but now he is
saying he is not giving me the
money back. The landlord cashed
checks and checked my credit
without my consent because the
realtor didn't want to tell him that
his client wasn't taking his property.
The realtor wanted to keep a good
relationship with the landlord and do
business with him in the future.
What should I do next? I am
prepared to take legal action.

Asked on 7/02/07, 4:29 pm

2 Answers from Attorneys

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Re: Realtor taking actions without my consent

The problem you have is proof. If all you did was call and never sent a confirming letter or email then you have a claim he said /she said case.

I am not sure the Landlord is entitled to cash the check if you simply applied and no lease was signed, notwithstanding what the application says unless the check is for the cost of the application itself and in that case it has to represent a reasonable cost.

Assuming the amount is less than $1,500 I suggest you file a claim in small claims court against the realtor and the landlord.

Answered on 7/02/07, 5:02 pm

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