Contract

I signed a retainer with a realtor broker where by he was to get me pre-approved for a mortgage. Although I have great credit, I advised him I had been turned down by everyone. He gauranteed he would have me approved. I paid him part of the aggreed amount up front. He did not get me approved. Now he wants me to pay the remainder but when I ask what service he will provide, he gives vague answers. He says he will take me to court for breach of contract, although in the aggreement it states he would return any monies not utilized for the deposit of legal papers and the aggreement can be broken at any time by either party. Can he legally make me pay although he did not delivered on the aggreed service?
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Answers (1)

Ronald Anthony Sarno

Ronald Anthony Sarno

Contributor Level 9
Only bank underwriters can get you a loan. You may want to get copies of your credit scores from the credit bureaus to see how you are rated. It is possible there is incorrect information there (such as identity theft which is preventing you from getting a loan). Try using a lawyer not a broker. Brokers can find you a building and make an application on your behalf. They do not have the skills required for securing a loan. You can access http://www.dos.state.ny.us/lcns/realestate/index.html to file a complaint against a NYS licensed broker.
You might find my legal guide on selecting and hiring a lawyer helpful.
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(Even if you are not filing a lawsuit this information can be useful).

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In NYC helpful.


LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. He is a Member of the Law Firm of Sarno & DeFelice which provides legal services to NYC business people and individuals . The firm focuses on the legal needs of the real estate professional. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with a local attorney about this issue.
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