If a friend of mine signs an "agreement" and pays part of the brokers fee, but they decide not to go with the apartment, can the brokers fee be refunded? They did NOT sign a lease that stipulates when they are going to move in and when the lease will terminate. They signed a piece of paper stating how much they need to pay for a broker fee, a security deposit and monthly rent. The landlord has not approved them yet. So far, they paid part of the brokers fee, but nothing towards the security deposit. The paper also says that failure to give the real estate company necessary information (pay stubs, bank statements, etc) will mean they will not be able to move in and what they pay will be non-refundable.
If my friend wanted to get the broker fee back in court, will they be successful?
Odds are that you should be entitled to the return of your brokers fee. Have you asked for or demanded it back? Is the broker actually licensed (licensure is a requirement in NYS and would completely defeat any claim the broker would have to the brokers fee)? Speak to a landlord/tenant or real estate attorney in your area at a consultation and you should get a pretty good idea of your chances of success. Definitely need more facts to answer the question.
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