Legal Question in Civil Litigation in New York

Hello,

My name is Shartiss E. England. On May 27, 2011 I found an apartment on Hotpads.com that I was interested in so I sent an email. I immediately received an email from the agent involved with this apartment by the name of Renee Clarke. She asked me about my income and credit score as well as a couple other questions regarding who will be living with me and informed me that all of my information was good enough and that I could view the apartment later on that day. I met with her at 5pm that day at 1501 East 10th street, Brooklyn, NY 11230 at a perspective apartment. After meeting at this building and talking with her I decided to put down a deposit on the apartment because it would still be on the market if I didn't. She then drove me to the bank and then to a Rapid Realty office at 947 Coney Island Avenue, Brooklyn, NY 11230. I was told that I would have to put down a $500 deposit which included $45 for the credit check fee. I also was told that if my income didn't qualify for the apartment that I would receive my deposit back minus the credit check fee. Renee then introduced me to Keenan Wilson who I was told would be taking care of everything from that point on. I later found out that Renee didn't work in that office but she worked in the Fort Greene office at 89 Fort Greene Place, brooklyn, NY 11217. I didn't have all of my documents so I told them I would bring them in the following week. Throughout this week I was updating Renee on my documents through email and text. She then told me that the manager in the office went on vacation for two weeks and the management from the building went on vacation for two weeks as well as another building i was interested was under construction and I couldn't see that apartment for two weeks. Two weeks passed and I went away for the weekend and when I get back home on Sunday, June 12, 2011 I receive a call from Keenan stating I was denied because of my income. I also had an email from Renee stating the same thing. Because I was dealing with Renee more I spoke with her and she was giving me all of these ridiculous ways that I can come up with more money. I told her no and that I would just like to have the $455 returned to me. That saturday, on June 25, 2011, after speaking with Renee the day before stating I would be at the office at 12pm, I didn't get to see Keenan Wilson until 1:35pm. I also spoke with Danielle from that office who informed me that something would not be right with that check because of Renee and Keenan's procedure of how they did things. So, Keenan finally arrives and takes his sweet time getting my check. I get the check and I don't cash it until I get to the bank location that I am used to which happens to be in the vicinity of the apartment. Yesterday, on June 30, 2011 I receive and email and text from my bank giving me my daily account balance and I notice about $500 is missing out of my account. I go online and see that the check from Rapid Realty has bounced and they also charged my account $12 for it. I then called Bank of America to verify this and the representative told me that their wasn't enough funds in their account to deposit the money into my account. They have mailed me back the check along with a notice explaining the problem. I then contact Renee to ask her for the phone number to the Kensington office or Keenan's direct number because I no longer had to deal with her. She responds by saying "Didn't you get your refund already?" Very unprofessional. I then looked online and found his number on many websites. I call him and he's actin very nonchalant like he already knew what was going on and didn't tell me. He tells me there was an "accounting error" and that he would call me back after he speaks to someone. this was at 2:39 pm on June 30, 2011. It is now July 1, 2011 and I have called him once this morning and left a message and emailed him and he has not answered either one. My next step is to go to the office itself. I can see the future of this and I just want my money plus the $12 fee I incurred because of the bounced check.

Thank You


Asked on 7/03/11, 2:35 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Since the amount in issue is small, you may want to commence a small claims action.

Mike.

Read more
Answered on 7/04/11, 6:31 am


Related Questions & Answers

More General Civil Litigation questions and answers in New York