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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33801
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have a question pertaining to my friends situation. my

Customer Question

hello, I have a question pertaining to my friends situation. my friend found a property to rent for his little business. so he contacted the number which directed him to a realtor office called Remax. he then went to the office and discussed the property and the conditions. my friend and the owner had a verbal agreement stating that the first two months would be free. he also has the text messages stating that as well. when talking about the contract the real estate agent would call the owner to check and see if the conditions he agreed on were acceptable. which he then stated yes. so he then filled out the contract and signed it. the problem we are having is the owner is saying he needs to vacate in 72 hours because his contract his singed is not binding. he called the real estate office and talked to the agent and he said he has nothing to do with it and its all up to him and the owner. he said he was just doing him a favor. also the owner is trying to say that his receipts from paying rent are inadmissible. he is trying to charge him for the two months they agreed on would be free and also trying to charge him for august which he already paid for. my questions are: Can the real estate office say they can not help even though the contract and payments were all thru them? Can the owner actually make them vacate even though the free rent was not put on the contract by the agent?
I appreciate the help, he is just trying to start up a little business and he is getting screwed over. please someone help
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can the real estate office say they can not help even though the contract and payments were all thru them?

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If the real estate agent was just acting as the middleman here, then any dispute would be directly between the tenant and the owner of the building. The real estate agent wouldn't legally have to help either party in the event of a dispute unless there was a written contract between them and the person stating that they have to help mediate.

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Can the owner actually make them vacate even though the free rent was not put on the contract by the agent?

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Unfortunately, the written contract trumps any oral promises. So if it isn't in writing, then it isn't legally enforceable. This is under the "Four Corners" doctrine that states the entire contract is within the 4 corners of the paper it is written on. So if there was to be 2 free months, friend should have made very sure that it was written in the contract before they signed it. If it wasn't, and friend signed it, then they are agreeing to whatever terms are in the contract.

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So if the written contract says nothing about 2 months free rent, then there is none legally, and friend would have to pay for that rent within that 3 day period or the landlord could file for a formal eviction in court to regain possession of the property.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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