Got Screwed on APT - Real Estate Help!

Submitted an app for an apartment with a son of a bitch broker. No room on price. No room on broker fee. So I say whatever. I give deposit.  I leave off my social security number on the form because it's over email. I'm not sending that on an email. Guy asks me for it. I say call me or have your office call me and we can figure it out. Then he goes dark for a week. No response on calls, emails, or texts. Get a fucking Zelle payment from him saying hey we gave it to someone else good luck. Do I have any recourse here? How is that even legal when he communicated the apartment was mine/application was fine when I sent it?

16 Comments
 

Sounds shady as fuck but not a legal expert here. Get this guy justice lol

 

Sounds like you got swindled and you’re the dumbass here. First course of action would be to give him a call and let him know you plan on filing a complaint with the NYS Board of Real Estate or whichever applicable entity, you’ll need to do some research. This should likely prevent him from being licensed in the interim until this is settled I would imagine. If he doesn’t return the deposit then actually file a complaint through a lawyer should cost more than like a few hundred bucks.

 

he gave the deposit back. How am i at fault? I sent in an app, he said the unit was mine and then he gave it to someone else.

 

he gave the deposit back. How am i at fault? I sent in an app, he said the unit was mine and then he gave it to someone else.

Then you haven't actually suffered.  He's a broker, he's a piece of shit by definition, but that doesn't entitle you to the apartment.

Had he kept your money then there would be a massive issue.  As it is, what is it that actually happened here?  You applied for an apartment, didn't get it, and... that's it.  There is no harm being done to you for you to protest.

 
Most Helpful

Unfortunately, you submitted an incomplete application and the apartment was never yours. No lease was signed and the money was returned, there is no recourse except to find a new apartment with a different broker. 

Not saying I agree with how it went down, but the broker is not at fault from a legal standpoint. And, to be clear - I'm not a fan of rental brokers either but at the end of the day, they will say they went with the first complete application package that passed their approval process. 

 

You're right. I have a question though. Would you put your social in an email to a broker you met 1 day ago? I wouldn't. They should at least have used some 3rd party service or anything else than hey just send it over text bud. 

 

You're right. I have a question though. Would you put your social in an email to a broker you met 1 day ago? I wouldn't. They should at least have used some 3rd party service or anything else than hey just send it over text bud. 

Interestingly enough, NY State just made citizenship a protected class, so I don't believe they can require a SSN for a future application. 

And, again - I don't disagree with you, and would be annoyed to lose out on an apartment that way, but I was just saying that you likely don't have a viable case against the broker.

 

Sounds annoying for sure. If you have the ability try to look for places without a broker, in my experience the process is smoother without a middleman not to mention you can save on the fees. 

 

How do you do that? streeteasy is only brokers. i don't even know how you find a place in NY without there being some agent attached. 

 

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