Legal Question in Real Estate Law in New York

Rented an Illegal Apartment on LI from a Real Estate Broker

6 Months ago I rented a apartment from a RE agent (broker) she did not tell me it was illegal however I found out when the home owner told me she only wants cash for rent I have been having problems and the agent whom I called 7 times in the past 2 weeks has not called me back. I also called 2 times last month.Can I sue her in small claims and win my fee back? I have been calling for I feel she should help me find a place to live


Asked on 3/30/08, 8:59 am

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

Re: Rented an Illegal Apartment on LI from a Real Estate Broker

You have a claim against the agent if she knew or should have known the apt is illegal BUT not if you remain living there, however, it sounds like you want to move.

Write the Principal Broker (owner of agency or if a franchise, the manager) and tell them that either they refund your fee (5 days), find you another apt for free or not only will you sue them but you will file an ethics complaint against them with their Board of Realtors and Dept of State. Send a copy to the agent.

Tell them if you do not hear from them within 5 days you will proceed as outlined above... and then do it.

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Answered on 3/30/08, 9:27 am


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