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Posted by voice of reason on March 02, 1999 at 17:37:08:

In Reply to: Re: Rental Agency Fee posted by ernie applebaum on March 01, 1999 at 22:22:58:

If you signed an agreement to pay the first broker for any apartment you saw through that broker, you are obligated to pay the fee-- but they might be willing to settle the matter, say for 1/2 the fee as to avoid the court intervention.

: : This happened to me, too and both brokers thought it was "exclusive". Misunderstanding between the realtors & landlord. We had signed the first realtor's application so were legally required to pay her the fee but instead the two realtors just split the fee evenly, and everyone was happy.

: :
: : May I ask how this happened? Was there a gap in time between the two showings? was the apartment an exclusive listing? Did the first agency make you sign anything with the first agency? did you read it?

: : : If you signed nothing then I would think you don't have a problem. However if you did sign something with the words exclusive, first in there you may have screwed yourself into paying two commisions.

: : : I would try to get the agency to go after the second agency if it was an exclusive listing.

: :
: : :
: : : Will
: : : : I rented an apartment through an agency and paid them a fee, but had seen the
: : : : same apartment with another agency first. The agency that showed me
: : : : the apartment first is sueing me for the fee. Who's legally entitled to the rental
: : : : fee, the broker who showed the apartment first or the "procurring" broker
: : : : as one broker said? Would a New York City court make me pay a second
: : : : fee? The suing agency wants me to settle with them. I'd appreciate any
: : : : advise, experience or resources that anyone may have to offer in
: : : : hopes of resolving the problem. Thank You. Ernie Applebaum

: I signed a registration with the first broker who showed me the apartment,
: but they were rude, impersonal and tried to push a higher priced apartment
: on me at the time. When the second broker happened to bring me to the
: same apartment, I decided to rent it through him. Someone told me that
: there's a law called the "consumating" broker law which grants the fee
: to the broker that actually brouhgt the deal into being regardless of who
: showed the apartment first or what someone may have signed with them.
: The apartment was not an exclusive. But I still don't know if this is the
: law and whether I'm required to pay a second fee.

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Comments:
: If you signed an agreement to pay the first broker for any apartment you saw through that broker, you are obligated to pay the fee-- but they might be willing to settle the matter, say for 1/2 the fee as to avoid the  court intervention. 

: : : This happened to me, too and both brokers thought it was "exclusive".   Misunderstanding between the realtors & landlord.  We had signed the first realtor's application so were legally required to pay her the fee but instead the two realtors just split the fee evenly, and everyone was happy. 

: : : 
: : : May I ask how this happened?  Was there a gap in time between the two showings?  was the apartment an exclusive listing? Did the first agency make you sign anything with the first agency? did you read it?  

: : : : If you signed nothing then I would think you don't have a problem.  However if you did sign something with the words exclusive, first in there you may have screwed yourself into paying two commisions.

: : : : I would try to get the agency to go after the second agency if it was an exclusive listing.

: : : 
: : : : 
: : : : Will
: : : : : I rented an apartment through an agency and paid them a fee, but had seen the 
: : : : : same apartment with another agency first. The agency that showed me
: : : : : the apartment first is sueing me for the fee. Who's legally entitled to the rental
: : : : : fee, the broker who showed the apartment first or the "procurring" broker
: : : : : as one broker said? Would a New York City court make me pay a second
: : : : : fee? The suing agency wants me to settle with them. I'd appreciate any
: : : : : advise, experience or resources that anyone may have to offer in
: : : : : hopes of resolving the problem. Thank You. Ernie Applebaum

: : I signed a registration with the first broker who showed me the apartment,
: : but they were rude, impersonal and tried to push a higher priced apartment
: : on me at the time. When the second broker happened to bring me to the 
: : same apartment, I decided to rent it through him. Someone told me that 
: : there's a law called the "consumating" broker law which grants the fee
: : to the broker that actually brouhgt the deal into being regardless of who
: : showed the apartment first or what someone may have signed with them.
: : The apartment was not an exclusive. But I still don't know if this is the 
: : law and whether I'm required to pay a second fee.


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