Legal Question in Real Estate Law in New York

Real Estate Broker's Commission

I recently decided to rent an apartment in NYC and had to go through a broker. There was never any contract that was signed between the broker and myself. A week after signing the lease, I had the unforseen opportunity to buy a home and wanted to find out if I could break the lease (which didn't begin for another 2 months). I told the broker I only wanted to break the lease if I could get all of my money back -- including the broker's fee. He said he would see what he could do. He managed to convince the building management company to break our lease and give us back our payments. However, after this was complete, the broker no longer wanted to give us back his fee. Because we never actually occupied the apartment, do we have any legal right to getting the fee back?


Asked on 1/28/08, 4:32 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Real Estate Broker's Commission

Absolutely not.

You paid a Broker for his/her services and they completed their "employment" when they found you an apartment and you agreed to rent it.

You were fortunate that you had a Broker willing to go beyond the call of duty to "convince" the manager to let you out of the lease and return your money.

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Answered on 1/30/08, 8:57 pm


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