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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35785
Experience:  16 years real estate, Realtor. Landlord 26 years
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As a Real Estate Broker, my clients signed an exclusive

Customer Question

As a Real Estate Broker, my clients signed an exclusive rental agreement with me. It stated that the agreement ended when they signed a lease on a property I showed them according to their specifications. They changed their minds about specifications: where, what, how much etc., they wanted to live (there are 4 of them and they're all very young) constantly. And, I showed they properties accordingly, in spite of their constant change of where they want to live. On Wednesday, I had an appointment to show them another propety, and when I called, emailed, texted to confirm, they went 'silent' on me. Then, after I taught them everything there is to know about renting an appt. in Manhattan, I received a letter from the 'Ringleader,' a Juliette Edward. In it she wrote, essentially that they decided not to work with me and do it on their own. I responded by reminding them of all I had done for them etc, and that they were in breach of their exclusive agreement with me. They have lied
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone whocan. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Expert:  Barrister replied 11 months ago.

I think that some of your comments and your legal question got cut off as your comments end kind of abruptly..

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If you can post your legal question, I will try to help..

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Does your contract prohibit them from entering into a rental agreement at all without you, or just from doing so for a dwelling that you have shown them?

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thanks

Barrister

Customer: replied 11 months ago.
it prohibits them from entering into a rental agreement at all without me. They may view apts. without me, but sign-in /registered that I am their exclusive Broker. If they're interested in a property to rent, they are to pay me the equivalent of their maximum rental budget, instead of the greater of 15% of the first years rental.
Customer: replied 11 months ago.
If they want to move forward, they let me know and I seal the deal with a leasing office, Managing agent etc.
Expert:  Barrister replied 11 months ago.

Ok, thank you for that information... So what is your legal question? Are you asking if it is enforceable? If you can sue them? How to sue them? Something else?

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thanks

Barrister

Customer: replied 11 months ago.
I want to sue them in small claims court for breach of contract, and to know if they move from there current apt. (lease expires on June 30th), and move elsewhere to a new address and I don't know it. I read that I could send it to their current address, and it will be forwarded to where they each currently live. Is that true, and if so, how is this done. I want to get the max. of $5,000 for the many hours I have spent working with them, and then they wrote that they don't want to work with me, and want to find something on their own. They kept changing their paradigms for an apt., I provided properties for them to see, and then they, basically told me to piss off. I taught them everything, and not they want to screw me. I'm too old for this. Further, I found out that they're currently paying more where they live and share bedrooms, than the lesser amount they claimed was what they said they could afford, And, in the place where they now live, they're sharing bedrooms... NOW, they want 4 bedrooms for a lessor rent than they're paying now. I'll settle for $5,000 in small claims court just to be rid of them and be paid for all the work I did for naugt
Expert:  Barrister replied 11 months ago.

I read that I could send it to their current address, and it will be forwarded to where they each currently live. Is that true,

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No, that is not correct as the suit would have to be delivered personally to them to get "good service" and to be able to compel them to come to court to defend.

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So if can prove that they have entered into a lease contract in violation of your agency agreement, then you can sue them for whatever amount that they would have had to pay you as a commission for the property had they used you. Judges don't award punitive damages in small claims, so you will be limited to whatever your commission would have been plus court costs.

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So the trick here is in finding out if they have actually signed a new lease and then serving them with the lawsuit before they move to the new place (unless you know where they move to).

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thanks

Barrister

Customer: replied 11 months ago.
Well, they're not leaving 45 wall as their residence until the end of the lease on June 30, 2016. They are all going to leave for vacation this Monday, May 30, and won't be returning home until June 26. If I file a claim, and they get it in the mail at their current address, will that suffice as being delivered personally to them to get "good service" and to be able to compel them to come to court to defend?
Customer: replied 11 months ago.
Helloooooo?? Please answer my question. Thank you!
Customer: replied 11 months ago.
Well, they're not leaving 45 wall as their residence until the end of the lease on June 30, 2016. They are all going to leave for vacation this Monday, May 30, and won't be returning home until June 26. If I file a claim, and they get it in the US Mail, at their current address, will that suffice as being delivered personally to them to get "good service" and to be able to compel them to come to court to defend? Please respond
Expert:  Barrister replied 11 months ago.

Sorry for the delay, had to step out of my office for a bit..

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If I file a claim, and they get it in the mail at their current address, will that suffice as being delivered personally to them to get "good service" and to be able to compel them to come to court to defend?

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Kind of.. as I explained previously...it has to be "legally served" on them...That means handed to them by a process server or the local sheriff or constable or mailed to the defendant by certified mail and ordinary first class mail.

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If the notice sent by ordinary first class mail is not returned by the post office within 21 days as undeliverable, the defendant is presumed to have received notice of your claim, even if the notice of claim sent by certified mail has not been delivered.

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If the post office cannot deliver the notice of your claim (for example, the defendant may have moved without leaving a forwarding address), the court clerk will give you a new hearing date and will tell you how to arrange for personal delivery of the notice to the defendant. Anyone who is not a party to the small claim and who is 18 years of age or older can personally deliver the notice of claim to the defendant. The claimant or any other party to the action may not serve the notice of claim personally on the defendant.

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If the notice of claim cannot be served on the defendant within 4 months after you filed your claim, your claim will be dismissed. If you learn new information about the defendant’s location at a later date, you can file your claim again.

A small claims case will not proceed to trial until the defendant has been served with a notice of your claim.

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thanks

Barrister

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