Legal Question in Consumer Law in New York

broker threat to sue

Me and my roommate went to a broker to view apartments and we signed a contract at the beginning. The broker took us to a place where my friend had already registered and toured but I had not. We told him the fact that my friend already knew about the place beforehand. We ended up signing lease for this place and went in without the broker. For weeks the broker kept calling my cellphone and looked up my office number and kept calling. I told him we already signed the lease and he threatened to sue us for 15% commission since we signed the lease ''behind their back''. The broker went to the apt office and claimed for his commission but was rejected as my friend registered once before he brought us in. The broker then threatened to sue us, this time, claiming, lying, that we did not tell him that my friend had already seen the place. My questions are 1. Is this considered harassment? the broker kept calling my office # which I never gave and threatening to sue us. 2. Can we really get sued--name removed--the broker? The apt is a no fee apt which means it's the business between the apt. and broker, nothing to do with buyers. The broker wouldn't get commission anyway since it's the apt. decision and policy. 3.What law can protect?


Asked on 7/29/08, 10:26 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: broker threat to sue

Q. 1. Is this considered harassment? the broker kept calling my office # which I never gave and threatening to sue us.

A. If you tell him to stop and he continues to call, yes, it would be harassment.

Q. 2. Can we really get sued--name removed--the broker? The apt is a no fee apt which means it's the business between the apt. and broker, nothing to do with buyers. The broker wouldn't get commission anyway since it's the apt. decision and policy.

A. It is customary for a tenant to pay the broker 1 months rent when the broker finds a tenant an apartment to rent. So yes, you may be sued.

Q. 3.What law can protect?

A. You would have to demonstrate that the broker did not find the apartment that you are ultimately renting.

Mike.

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Answered on 7/30/08, 8:28 am


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