Legal Question in Real Estate Law in New York

Contract for Agent to Rent Home = Problems

On 1/27, I signed a contract with a rental agent to find renter for my house. On same date, I advised rental agent that I had my OWN prospect for the house, and he told me that if I did go with that prospect that I had the OPTION of sending them to him to do paperwork yada yada and they would owe HIM commision. Didn't tell me about small print in contract that states verbal agreement doesn't negate contract. Anyway, advised him on 1/31 that I did decide to PURSUE my potential renter. Sent me an invoice for full comm amt less than a week later, then, less than another week later, sent nasty email demanding payment and threatening me with a lawsuit. I sent a reply, which got a nastier replier back.

As an FYI.. house is co-owned with estranged husband, which is joint tenant in common on the deed; however, he did NOT sign the contract with the rental agent.

I believe agent deliberately deceived me in getting me to sign the contract by not disclosing I would still owe him fees on MY prospect tenant (found 3 days BEFORE, can prove) I met with this guy. I signed contract holding screaming, sick 1 yr old. Freaking out, don't have $2,200 to pay this guy.. when he did about $50 worth of work (he listed the house on CL)


Asked on 3/05/07, 11:14 am

3 Answers from Attorneys
Johm Smith tom's

Re: Contract for Agent to Rent Home = Problems

You are at a disadvantage in this having signed the agreement, but an attorney will need to read your agreement(s)to advise you.

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Answered on 3/05/07, 12:18 pm
Seth Kaufman Kaufman PLLC

Re: Contract for Agent to Rent Home = Problems

Mr. Nance is correct. Have an attorney review your listing agreement to assess your obligations. Even if you're contractually bound, you may consider filing a complaint with licensing or consumer protection agencies. Call my office if you would like to discuss this further.

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Answered on 3/05/07, 11:05 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Contract for Agent to Rent Home = Problems

If you signed a standard exclusive right to rent (NOT an exclusive agency) then you most likely are obligated to pay the commission.

You needed to write into the agreement that your customer, John Doe, was excluded from contract.

Real estate co should be willing to settle quickly for 50% of commission.

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Answered on 3/05/07, 11:46 pm


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