Legal Question in Real Estate Law in Massachusetts
Realty agents
I went to a realty agency to find an apartment. Found the apartment that was perfect and started to close the deal. They misrepresented my dates of interest to the landlord putting me in a positiion to lose $600 worth of already paid rent for the month. The deal was closed with the landlord and I wrote 2 checks to the realty company for their fee, and stopped payment on the 2nd check for $400 which is less than what I lost by them mis representing me. I never signed a contract with them and do not feel that I owe them any money. I love this apt. and did not fell that I should lose the apt. because of their error. What is my recourse as they are threatening to take this to court. Do I have the right to refuse to pay this fee, since I never signed a contract, or by writing a check ( that was post dated by the way )did I in fact guarantee payment. Thanks.
1 Answer from Attorneys
Re: Realty agents
Hi -
My name is Len Foy and I am a real estate attorney with the Law Offices of Gould & Gould, with offices in Londonderry NH and Methuen MA. I am admitted in Massachusetts, New Hampshire and California.
Given the facts as you presented them in your question, I'll try to give something to work with here. First of all, your instincts about this case are pretty good. If you feel that the real estate agency misrepresented your fees, and there is no writing or contract between you that supports their version of the agreement, then they may have a difficult time collecting the additional amount they say you owe them. Typically contracts or agreements of this nature should be in writing. So, you're right, it hurts them that they never put anything in writing and that they have no written contract to fall back on now. And as real estate agents, they should know better than to work from a verbal agreement.
Their threat to take you to court is probably just that, a threat. Or maybe they're hoping that you'll back down.
If you'd like to pursue this dialogue further, you can call my office at (603) 434-3437 or send me an email at [email protected].
Good luck, I hope to hear from you.
- Len Foy
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