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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have a lease I did with a condo owner and real estate

Customer Question

I have a lease I did with a condo owner and real estate agent. Several issues of misrepresentation or maybe fraud occurred during the transaction but only came to light 2 weeks after the received my deposit and 1st month. I have keys but have not moved in at all. The first issue was when the agent pressured me about leasing he sent a contract via dotloop.com which I had never used before. I have not been well so I was going slow but he kept bugging me so when I really tried to read the lease I had to go to the bottom and initial to move on. The agent had already created my initials and digital signature, which was a new since my experience was to create my own verified with my security and system but I went forward trying to be agreeable. The document would get stuck about every other page and I would contact him and he would reset it I guess and tell me try again. He had sent me many emails that were the lease during the course of the day so I had opened one of the earlier versions and then he told me only to open the most current version which I had already begun doing anyhow - things got frustrating so on the final reset I sent a message that I would not contact him again tonight as it is late now so I will talk to you tomorrow. I then open this last version of the lease and try to begin reading when it shoots through every page really fast but I had only initial a couple in the front of the document. The system then says you are done! I let him know what happened and was basically ignored. He did not offer to reset so I could sign and understand. I am thinking he just initialed the lease and signed it because he wanted to make sure he had a signed lease to lock me in - I knew what was he did and was bothered but still hoped I was wrong and I wanted to be nice. I later found out he altered the lease during his resets with mentioning to me or getting my okay. He increased the deposit per the landlord request and then the storage unit was gone. I got mad and told him what I thought in a nice way and he agreed to cut the increase out and inform the landlord. All of the things I claim here are validated by text or email correspondence with the agent. When I met them both to pay deposit and rent things got weird because he had told many times the owner was good with me transferring the funds to his account or a personal check. He required I go buy a cashier’s check straight away for $30 and did not even want me to let my daughter take a look at the condo. They were both saying they were in a big hurry yet had loads of time for any issue they wanted a certain way. Still I wanted to get along and I did like the condo. I also felt compelled to respect the elderly Asian owner so when the owner asked for the extra deposit money I first resisted. I did not understand why and he said keys but I was livid as this agent promised to handle this and then sat right there speechless looking at me almost scared. I went ahead and gave it to him. The agent went to view the condo with me and my daughter where I kept asking him to remember to show me where the storage unit is and he said he would ask the owner. This promised 10x5 storage unit was the only reason I moved forward at all with the lease and the agent knew this since during his constant bothering me about why I was not moving forward I told him there is no storage and it is a downsize and have a lot of stuff. I asked if there was storage when he told me of the unit included and I wanted to know about any additional units possibly available that I would rent. He kept telling me he would find out and the owner said to give me whatever I wanted and even said he would add shelves and a bin at the parking spaces. The meeting and taking of my money ended abruptly when they had what they wanted. They left without either telling where the unit was – the agent knew it was a problem and I was already having to rent an offsite storage space but need a place there to put things I use regularly. That reminds me of this too – when he told there was a space I still hesitated so him being so relentless said what is the problem. I said I am worried about space and cost with the offsite storage it does not make sense for me. They came back with a reduction that while it was equal to my cost it helped so I went ahead and try to review the contract that miraculously signed itself before I could even see the terms. LOL Anyway the agent went on vacation and I had the owners information now so I asked him to please provide me with the location and access to the storage unit. The meeting was on July 15th and he ignored the question totally until aroung July 27th. In quite rude language he says there is not one while he is telling me the other condo owners were complaining about my daughter. Like I said we have not moved one item there but I have this all written out but it is stopping me here. Can I send it?
Submitted: 3 months ago.
Category: Real Estate Law
Customer: replied 3 months ago.
I have a lease I did with a condo owner and real estate agent. Several issues of misrepresentation or maybe fraud occurred during the transaction but only came to light 2 weeks after the received my deposit and 1st month. I have keys but have not moved in at all. The first issue was when the agent pressured me about leasing he sent a contract via dotloop.com which I had never used before. I have not been well so I was going slow but he kept bugging me so when I really tried to read the lease I had to go to the bottom and initial to move on. The agent had already created my initials and digital signature, which was a new since my experience was to create my own verified with my security and system but I went forward trying to be agreeable. The document would get stuck about every other page and I would contact him and he would reset it I guess and tell me try again. He had sent me many emails that were the lease during the course of the day so I had opened one of the earlier versions and then he told me only to open the most current version which I had already begun doing anyhow - things got frustrating so on the final reset I sent a message that I would not contact him again tonight as it is late now so I will talk to you tomorrow. I then open this last version of the lease and try to begin reading when it shoots through every page really fast but I had only initial a couple in the front of the document. The system then says you are done! I let him know what happened and was basically ignored. He did not offer to reset so I could sign and understand. I am thinking he just initialed the lease and signed it because he wanted to make sure he had a signed lease to lock me in - I knew what was he did and was bothered but still hoped I was wrong and I wanted to be nice. I later found out he altered the lease during his resets with mentioning to me or getting my okay. He increased the deposit per the landlord request and then the storage unit was gone. I got mad and told him what I thought in a nice way and he agreed to cut the increase out and inform the landlord. All of the things I claim here are validated by text or email correspondence with the agent. When I met them both to pay deposit and rent things got weird because he had told many times the owner was good with me transferring the funds to his account or a personal check. He required I go buy a cashier’s check straight away for $30 and did not even want me to let my daughter take a look at the condo. They were both saying they were in a big hurry yet had loads of time for any issue they wanted a certain way. Still I wanted to get along and I did like the condo. I also felt compelled to respect the elderly Asian owner so when the owner asked for the extra deposit money I first resisted. I did not understand why and he said keys but I was livid as this agent promised to handle this and then sat right there speechless looking at me almost scared. I went ahead and gave it to him. The agent went to view the condo with me and my daughter where I kept asking him to remember to show me where the storage unit is and he said he would ask the owner. This promised 10x5 storage unit was the only reason I moved forward at all with the lease and the agent knew this since during his constant bothering me about why I was not moving forward I told him there is no storage and it is a downsize and have a lot of stuff. I asked if there was storage when he told me of the unit included and I wanted to know about any additional units possibly available that I would rent. He kept telling me he would find out and the owner said to give me whatever I wanted and even said he would add shelves and a bin at the parking spaces. The meeting and taking of my money ended abruptly when they had what they wanted. They left without either telling where the unit was – the agent knew it was a problem and I was already having to rent an offsite storage space but need a place there to put things I use regularly. That reminds me of this too – when he told there was a space I still hesitated so him being so relentless said what is the problem. I said I am worried about space and cost with the offsite storage it does not make sense for me. They came back with a reduction that while it was equal to my cost it helped so I went ahead and try to review the contract that miraculously signed itself before I could even see the terms. LOL Anyway the agent went on vacation and I had the owners information now so I asked him to please provide me with the location and access to the storage unit. The meeting was on July 15th and he ignored the question totally until aroung July 27th. In quite rude language he says there is not one while he is telling me the other condo owners were complaining about my daughter. Like I said we have not moved one item there but she took friends by to see the new place; is there a way to send you the rest of the case info.?
Customer: replied 3 months ago.
Can I send the rest here?
Customer: replied 3 months ago.
Like I said we have not moved one item there but she took friends by to see the new place over approximately a weekend with no stereo or speakers and maybe at maximum 4 or 5 girlfriends and I a few of the boys in her group came by to say hi. The landlord went to the condo and told my daughter she needed to leave and saw her girlfriend behind her and then said she was not allowed friends to stay overnight. I was not well so her big sister and her friends big sister were managing the girls. They told me there was a high school party on the floor below where they were drinking, etc. Yet this neighbor said they were too loud and were running wild. My daughter is not the type and since she has lived in a low rise before was aware of noise and such. She had introduced herself to all the neighbors that she thought were in ear shot and they were all nice with no issue. She also said she went outside the condo to the hallway to see if you could hear anything and she said she could only hear if she placed her ear against the doorWhile the landlord kept telling me there were many complaints what was forwarded was one neighbor that is his friend complaining and accusing the girls of damaging something even while threatening to call police. I asked to be sent the others but nothing was sent and I do not see any on their forum. She said the complainer had been really rude from the first time he saw her on the elevator. He glared at her and when she said hello he would not respond. This is his constant over the few days they were there – I got onto her anyway thinking teenagers! You know but she was really hurt because she had really tried and like me she was looking forward to moving in. Well no more, she went by one evening to grab something she left there – makeup I think – was there a coup[le hours max and left without incident or so I thought. I was told the next day from the landlord that ALL the owners complained about the girls. I said the whole building could hear young girls sitting and talking listening to iPhones. This leads me to the next issue as when negotiating and at the meeting with the agent and owner I asked if there are any noise problems. His words were in writing and spoken that no one can hear their neighbors here because the walls and floors are cement and made well. I have never had a noise complaint in my life but I tend to be loud because I am hard of hearing and I would be miserable living where someone was constantly lodging noise complaints. I am not in great health and cannot take the stress plus thought about the wood flooring being loud for me with above neighbor. So in writing by text or email I was told I get storage unit 10x5 included and noise is a non issue so I was pleased. I also always ask where the landlord lives and is he close or does he have a tendency to micromanage? Again I was only told this though, but he said oh no you won’t hear from at all with a vague shrug about location. Well those were all lies as the landlord has gone by there each time my daughter went by and is not very kind. He hounds me incessantly over every little thing he wants and I complied. Yet after all this and being told two weeks later I do not get storage and the complaints I am feeling disappointed big time.
I start thinking they are setting me up to evict me and not only can I not take the stress, I cannot do two moves or afford the expense and hit on my credit.
So I write a very nice letter addressing these things and suggest we terminate the lease amicably since I have not moved in and really cannot do without space onsite and that I figured into my decision on the size of my offsite unit. I am thinking it would be best since we are not welcome and things have gone so badly. In a nut shell the landlord says it is not his problem what the agent told me – not his fault and No Way! He wants his money! I mean everything he wants he gets freaked out if I do not respond right away – I am very private and typically never even speak or see my landlords unless a repair is needed that is their responsibility. This guy lives right down the street and has not compromised or even done one thing they mentioned. The agent got back in town and has been the go between now but was avoiding addressing his misrepresentations until the other day when he sent a long email that is full of lies. It is weird because I am reading the very thing he is denying. The final big deal and my real question is that rent was due on August 15th and late by 12 oçlock on the 18th. I got an email and a text from the owner around lunch on the 15th that was a 3 day notice to pay or quit I think. I had never seen one and knew this is just how he is and he just does not understand English enough that he did not realize what he was doing was wrong. He sent a text the next day saying disregard that notice for now and I am still like shocked I have never been contacted by a landlord for rent because I always pay.
Customer: replied 3 months ago.
Maybe one time one had a bank issue and called to make sure it went in but this guy texted and wrote everyday demanding rent. I said I sent a response to your response and was waiting for an answer before I paid. He lost it and began asking for auto debit from my account. I do not want to breech the contract and ruin my credit so I paid thinking I am still seeking counsel and am not moving in! Now the whole idea of transferring money was my request because I hate mailing it. He finally agreed but there is no information on the lease other than he would take a transfer, no account number. They said they gave it to me at the meeting but I took it to the condo and I think he picked it up with the letter that permits me to use the clubhouse. He sent his account information and by now it is the 18th . The paper did not have a bank name and had two accounts so asked the name and or if he had a local bank. He like many times before now too, acted like he did not trust me or something and withheld any helpful information until I wire transferred again for $30 to his investment bank in New York then at 6:30 sent Wells Fargo information but the money was gone. I bank there too and it would have been immediate. The next day and basically everyday after he starts asking me to provide proof and receipts. It took a couple hours for me to respond and he was inundating me with messages. I sent proof and my notice it cleared and on and on. There has been a problem and his bank took the money then keep a bit and sent back the transfer. The wire department was looking into it because they were not sure the deposit in my account was that money and could account for the rest of the money. I know I did everything he asked and paid on time. His bank has done something and my bank is resending the deposit if it is found to be that deposit so I cannot send it again. It is now the 1st of September and he has continued to send threats and notices but I am really hopeful there is a way for me to get my money back. My daughter was followed by some young man the last time she went and is now afraid and feels very sad that they have taken this position with her behind her effort to be a good. She is very good and great student but we are alone and I cannot abide abusive men making my daughter feel sad everyday. It is probably the one neighbor that is a friend but even the way he talks to me. He accused me of avoiding although he does not respond when asked something he does not want to answer and I have stayed in contact. He texted my daughter I was faking my illness that really hurt her because it has been tough and lonely. It is just strange all the things together. I feel it was fraudulent to sell me on the place with what I need and it not being true. The agent has never tried to help me and lies about what happened. I have not shown them the proof because I was not sure it would be okay if I go to court but it makes a fool of him. They have offered a couple of things but they do not pertain to any of the issues that caused this or help me at all. I personally do not feel safe because the level of conflict is so high I worry someone will lash out at me or my girl in a more serious way. While I need the storage unit and I know there are some there – they now say I can rent it for another $125 a month lease which is probably 3 times the going rate or more since it is not climate controlled. This would make my base money out on rent total over $3000 a month and I cannot afford that and do not want to afford it. I could live like a king in a very nice home for that money. They offer to end the lease in the Spring since the season is over yet as soon as I found out the truth I asked to end this amicably at the end of July. It was lees than two weeks from our meeting and he could have listed all of August. I cannot afford two moves physically and it always cost thousands to move me. They have asserted if I do not abide the lease I will pay damages (even though there are none), loss of money which he really is not out dime and could end this so both of us can move on without too much lost but maybe a bit of time and small amount of money. They insist I pay and continue to pay – he won’t he will not evict as a reassurance and is still wanting a auto debit. He wants but gives nothing and someone is responsible. They both are really. The agent now says he never said I got a unit he was going to verify – not true! And that it was said to free – it was over and over talked about and obvious what I was saying was it was included and free when I asked if there were others onsite to rent. I think he is either using the storage or trying to make up the discount. I feel wronged and afraid. I do not know if the contract can be breeched since I paid that day and did not force a reset of the document but he would not have anyway. I did not know it was this way until almost two weeks later and I have had nothing but trouble and demands.
Customer: replied 3 months ago.
I need to know if I have a valid argument or case to sue. I also need to know if I need to make sure he gets August rent or can I stop paying and sue since I have not moved in, I did not really sign the lease, and the lease was altered without my knowledge of the changes during the review process that then became the lease. I have never received a copy of the final lease or the inventory. I really think the agent told the owner what I was told and it was a deal breaker so they conspired to avoid the storage and got a cashier’s check. I mean he really expected me to pay $30 every month to send money because that is the only way with his account. It is moot now but please tell me what to do? I think they are doing something or hired somebody because not a word for a couple days now. If I need to pay and bite the bullet I will move in and sue while living there but I have to know if they’re just insisting to rack up money knowing I am not moving in and they will evict me with the help of a neighbor who must watch out his peep hole because he is around the corner from us and I cannot imagine he could really hear us normally. There is noo one above us or directly below so you see what I am dealing with here – I can send proof that all of this is true and there communications with me but tell me do text messages and emails count as binding when sold a home or is it moot because the signing of the lease was crooked or am I responsible no matter what?
Thank you for your time and patience. I realize this is a lot of information but the story is complex. I really appreciate your help with this matter and hope to hear back soon.Truly,
L
Customer: replied 3 months ago.
That is all
Expert:  LawTalk replied 3 months ago.

Good afternoon Customer,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You have just posted nearly 4500 words of text----the equivalent of perhaps 15 to 20 pages of material. Just reading through this would alone take the better part of 30 to 60 minutes. This is not a practical way of assisting you.

This seems like a very crucial matter for you, and given the massive amount of information you seem to need to convey, your questions and issues suggest that an in-depth conversation might best suit your needs.

I have been a licensed, litigation attorney for more than 30 years.

If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. If you are not interested just let me know and if I can't help you I will consider opting out and another professional could then assist you.

1. Can you tell me what your question is?

Doug

Customer: replied 3 months ago.
You guys billed my card already and no answer yet - I thought it was if I was satisfied? I also signed on for free trial. It put a fraud alert and shut down the card for more transactions.
Expert:  LawTalk replied 3 months ago.

You do only pay if you are satisfied. All you did was pay a deposit. If you need assistance navigating the system or if you have billing questions, you can contact customer service at(###) ###-####

Expert:  LawTalk replied 3 months ago.

Hi,

You don't have an answer yet because I can't even figure out what your question is. It seems hidden in 15 or 20 pages of facts.

I offered to call you and you can accept that offer. Otherwise I need to know what your question is.

Doug