Rental Credit Check
A day ago I answered an ad in the newspaper for a 2/2 condo rental for
$1100.00. The real estate agent called me back and made an
appointment for me to view. I saw it, I liked it, I went back to the
real estate office, a contract was prepared, I left a $ 535.00 check,
$500 earnest money and
$35 credit check. He told me he would get back to me before 4pm. No
call, At 4:10 pm I called and left a voice message, no reply at 5:05pm
I called and reached him in some reataurant , and he said "oh the
seller has decided to rent to a relative". I was so disappointed ,
called my boyfriend and he began looking again on the MLS via
internet and found a 2/2 condo available for $1200. Neil called the
real estate agent who said it was available for $1200 with a $1000
earnest money deposit to hold it if Neil wanted it. After dinner we
went to look at it. upon waiting my boyfriend said the real estate
agents name and it was the same guy, no big deal I thought maybe he was
going to show my boyfriend (who on the phone to the guy said he was
looking for his girlfriend), a different condo. We said I wonder why
he didnt think to show me this other condo but just went on to follow
the real estate agent to the condo - the same condo ! he had shown me,
still having my earnest money. I was dismayed and expressed my lack
of understanding, he first said to neil it was available then it was
not available but showed the unit to us once again.
I am waitiing for his call back today to see whether I get the condo or
not. Meanwhile my credit report was never checked, He has my combined
$535 earnest money/chedit check check.
Has he committed any fraudulent real estate acts or discriminated
against me. Does he have the right to show the property after taking
earnest money (for a rental) I understand he represents the buyer. But
I was led to believe the unit was available, then unavailable (owner
wanted to rent to a relative) but then he showed it again to Neil
saying at the end he was showing it today again at 11am.
You should prevail in a lawsuit against the agent for fraud. Fraud is an
intentional tort, which means that punitive damage are proper in most
states. So even though your monetary loss may be small, the punitive
damages could be a lot. There are some things you should do to avoid
muddying the waters concerning your lawsuit. I suggest that you not proceed
with renting any apartment from this agent. Rental of the apartment in
question or any other apartment from this agent might be viewed by the jury
to mean that you are not upset with this agent, which would mean that you
haven't been damaged much. I suggest that you not communicate with the
agent during the period beginning now and ending when the jury returns a
verdict. He has your address, so there is no need to demand the refunds
that he owes. The property owner should be named as a defendant in the same
lawsuit. The principal is responsible for the actions of the agent,
including torts, if the acts are within the course and scope of his duties
and if the acts were known to the principal. It may turn out that the
landlord shares in the proceeds of the scheme, perhaps nothing more than
getting to keep the credit check fees that are fraudulently collected. Two
defendants are better than one, and rich defendants are better than poor
defendants. There are two factors which should make settlement discussions
go smoothly. First, you are not the first victim. Other victims might hear
about this lawsuit and decide to try a collection of their own. Second,
other landlords will hear about this lawsuit and will remember it when this
agent visits to solicit their business. Those factors will influence the
agent and the property owner to be generous in settlement discussions. But
it is very important that the settlement discussions be handled by an
attorney. If you try to do it yourself, you could mess up in a way that
makes you liable for extortion charges. Those charges can arise if you
threaten to file a criminal complaint, or administrative complaint to the
Real Estate Regulatory Agency (whatever it is called in your state), as part
of your efforts to settle a civil matter. It is not enough that you
understand this risk and are careful about what your say, because the other
parties could make false allegations against you. Your attorney will be
able to eliminate any possibillity that false charges could be effective.
This answer must not be relied on as legal advice for the reasons posted
here:
http://mcgyverdisclaimer.blogspot.com