AceyAceyAcey t1_j5poh3i wrote
Reply to comment by puglord in Legal Question (Rental Agent Related) by puglord
Did you sign anything else when you first met this realtor? That’s when they usually do it, when they’re asking for your name and stuff, you write it down on a document that says they’ll charge a realtor’s/broker’s fee. It’s so normal here, I’d probably just pay it unfortunately.
puglord OP t1_j5poqqm wrote
No we didn’t sign anything. I’ve looked back through all of the correspondence. Nothing there, not in the lease, it was only sent and explained after I signed the lease which is why I assumed it was fishy.
AceyAceyAcey t1_j5ppsm7 wrote
Then just ask them to show documentation before you pay. It’s not “fishy,” it’s sadly common here, but the law says you have to be notified up front for them to collect.
Sardoniosophy t1_j5puomr wrote
Agree here. I have signed docs and the broker is very clear what I'm signing. If you didn't have a signed agreement, which in my experience has been separate from the lease (but not always!!!), it can't be enforced. They could push back and say it was a verbal contract but that would be pretty hard to prove in court in this case I'd imagine.
savory_thing t1_j5snuvq wrote
Wouldn’t be too hard to prove if the broker’s lawyer sees this thread.
Sardoniosophy t1_j5tiqe2 wrote
Not true as OP has not stated that there was a verbal agreement they're trying to weasel out of. Rather that not only was there no written agreement, a verbal one also does not exist to the best of their knowledge.
puglord OP t1_j5ujv2t wrote
In my defense I’m not attempting to weasel out of something, this is ignorance on my end. My wife asked what we’d pay up front. He told her first-last rent, deposit, and broker fee. What he didn’t do was elaborate on that last thing. No papers were ever offered and no agreement was ever made.
Sardoniosophy t1_j5umgxk wrote
Yup! That's exactly what I'm getting from your post. Hence I don't think this thread could be used against you as was mentioned by the other commenter assuming the broker or their lawyer were to find this.
therealcmj t1_j5pz94o wrote
I am not a lawyer. So this is not legal advice, etc.
As the other responder said: ask them for the agreement you signed that said you’d pay a broker fee.
A verbal agreement won’t count - under contract law any such agreement would require “meeting of the minds” meaning you and the agent understood the same thing. You’re from out of town and had no idea what the broker fee meant so clearly you didn’t have an agreement.
If the agency didn’t have you sign an agreement I’m betting the person who showed you the properties is going to be in trouble with their boss. And that if you just ask them for the signed agreement where you agreed to the broker fee of one months rent they’ll shove off.
You may want to have a lawyer send their lawyer a letter though for emphasis.
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