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I gave $500 to a broker to hold an apartment before sign a…

Yes I gave $500...

Yes I gave $500 to a broker to hold an apartment before sign a lease. But I change my mind and new he said he's not going to give me back the money.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No paper work. I gave him cash and he gave me a receipt which he wrote that deposit is not refundable.

Lawyer's Assistant: Where is the apartment located?

Astoria, Queens

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Answered in 5 minutes by:
3/15/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,310
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. Can you clarify for me what your question is? I know you shared that the receipt that you were given stated that the deposit was non-refundable, so what is the basis to get this back now, if you agreed to that?

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Customer reply replied 4 months ago
Do you think I'm entitled to get that $500 back?
Customer reply replied 4 months ago
He told me not to change my mind but I didn't know that he wrote it's not refundable on the receipt. He didn't mention the money is non refundable.

Thank you for the reply. I am sorry to say but you may not. The receipt which you were given states that the deposit is non-refundable, so if you gave it knowing this, you would not be entitled to it back if you decided to not proceed and rent the property. When the deposit was given, it was a form of consideration to take the rental off the market and not allow anyone else to possible rent it. During that time, the landlord may have lost out on prospective tenants and now that you are not renting it, they have nobody and this is a form of damages. Had they done something to prevent you from renting it, you would be entitled to the deposit back but if you knew it was not refundable and changed your mind and do not want to proceed, I think you would have a hard time suing and recovering.

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If you sue, you are going to need to show that he only said this after the fact, once the money was given and you were not aware at the time you gave the deposit, you could not get it back. Since it is stated on the receipt, there would be a presumption you knew and agreed, so you would need to show otherwise.

RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,310
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Customer reply replied 4 months ago
Ok Thank you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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