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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40979
Experience:  Texas Attorney for 30 years dealing in real estate
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I had 2 apt visits set up one day with two different

Customer Question

I had 2 apt visits set up one day with two different brokers. Broker A had shown me an apt a week earlier and then contacted me about this new apt. I emailed Broker B after seeing an online listing. Neither told me the building address and, as it turns out, both showed me the same apt. Broker A showed it first. When B took me to the same apt, I wasn't sure what to do, so I acted like I'd never seen it. I decided I wanted the apt, and when the brokers emailed me, I asked each about their fee. After some thought, I felt obligated to use A- he showed it to me first and I'd worked with him longer. I rented the apt and paid A his fee. Now B has invoiced me for a 15% fee. I know it was a mistake to not just be honest with B - but I never signed anything with B and only had a brief post-visit email exchange about fees. Does B have any legal standing to demand a fee? Should I send B a note explaining/apologizing for what happened? Or would that cause more problems?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray ehre to help you today.

I do not see you have any legal obligation to agent B.You would respond here telling him the situation and refresh his memory here that nothing was signed.You can tell him he should resolve the matter with agent b here and suggest dividing the fee.I see no reason why you owe tow fees here, you signed nothing with agent B thats his error.It has to be a written contract where real estate or apartments are involved, as the statute of frauds requires it in such a situation.

I appreciate the chance to help you today.Thanks again and good luck here with the apartment.

Expert:  Ray replied 1 year ago.

I think you did the right thing here paying agent b and have no liability with agent b if nothing was signed and agreed to as you state.