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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16476
Experience:  Attorney experienced in Landlord-Tenant Law.
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I own a Condo in NYC that I was looking to rent. I asked a

Customer Question

Hello
I own a Condo in NYC that I was looking to rent.
I asked a broker to help finding a tenant and did sign an exclusive agreement with a broker for 4 weeks. The broker had advertised the apartment on their website and generated 3 viewings.
One prospective tenant liked the apartment. He came in the next day, started the application, paid the deposit with a check, and the broker took it off the market. However, 2 days later the prospective tenant came back, demanding the check and pulled out of the deal. As I say, he had paid the deposit and did sign the lease. All this happened within 1 week.
I then got approached directly by someone who rented the apartment. (not through the broker)
The broker now wants to charge me $4.5k as we had an exclusive agreement. However, the only work the broker did was to advertise the apartment on their website and arrange 3 viewings. They only worked on it for 1 week and did not take any photos. And, most importantly, I found a new tenant myself.
Do I have to pay this or is there anything that I can do?
Thanks,
Stefan
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 11 months ago.

Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Unfortunately, generally, unless the exclusive listing agreement specifically states that if the landlord finds a tenant on his/her own, the broker would not be entitled to the commission, the landlord would be obligated to pay commission to the broker, regardless as to how apartment was rented, as long as, it was rented during the duration of the exclusive listing agreement.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 11 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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