Home Buying in 91381>Question Details

Mad Renter, Home Buyer in 91381

Was going to rent a house. I gave a 2500 deposit. The tenets never moved out and the landlord doesn't want to give me my deposit back. What can?

Asked by Mad Renter, 91381 Sat Sep 25, 2010

I do I found a house for rent from a former Coldwell Banker Realtor. This was his personal property. I gave him a $2500 deposit. Our original move in date was July 24th. He called and said the tenets that were living there had a problem with the house they were trying to buy and needed 2 weeks before we could move in. Then our move in date changed to september 10th. could not get in contact with to finalize the deal. When i finally did get in contact with him I requested my money back. He said that the money was in another account and he needed to transfer it over that he would get back with me in 2 days. Then he called and said that he only had 500.00 that he could give me and that was it. What can I do? I do not have has personal address to serve him papers can I serve him papers at the house I was going to rent since it is one of his personal properties and what do I need to bring

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I would bring all your documents to someone that could give you legal advice. I would also look into talking with their broker and filing a small claims law suit against them.
0 votes Thank Flag Link Mon Apr 15, 2013
Are you sure the person you gave the deposit to is the real owner? There are big time scams right now where people are renting homes they don't own.

Call me at (661) 255-3335 or email me and I will provide you with the property owner information.

Also, file a complaint with your local civil court (small claims division) where the incident happened. It's inexpensive plus if you win (you likely will), the person will have to pay you your money back plus court fees.

If this turns out to be fraud, contact your local police.

Good luck.

Cheryl Garner, Mortgage Expert
Fairview Mortgage Capital, Inc.
Web Reference: http://www.cherylgarner.com
0 votes Thank Flag Link Wed Nov 17, 2010
Actually, contact an agent and we can look up his personal address through public records. In addition, he needs to be reported to the Department of Real Estate in Sacramento. They will contact him, they need to know this is how he is conducting business because it violates our Code of Ethics.

Laura Ashley
Laura Ashley Homes at Keller Williams
310-696-9371 - cell phone
0 votes Thank Flag Link Sat Sep 25, 2010
You say "former" Realtor, let's see if he still is a Realtor who has his license somewhere else or is jut inactive at the moment, In 2min. I can tell you if this Realtor is still licensed & is with or is not currently hanging his license with a brokerage.

With his name I can also see if he owns other property under his name (as opposed to an LLC) & figure out which house is probably his primary residence (or with the rental in question if he has that place under an LLC it would also help to track him down). Once you have that, you could seriously just call the police & say he STOLE your money, which he actually DID. Then they can go & ARREST him.

If he is with a brokerage, and I can find this out for you, you go to his broker 1st, say "One of your agents STOLE $2,500 from me, I'm going to file an Ethics complain with the board & with the State Licensing Board & against him & your co. & I'm going to call the police & have him arrested, do you want to give him a call? Maybe he can come on down to the office right now with my money so I don't have to embarrass him & your company" & get a reporter over here from Fox 5 news station.

If you would like me to check on these things, it will seriously only take me about 10min. max, please email me directly as I won't look back for replies on this same Trulia posting.

562-430-3053 cell
0 votes Thank Flag Link Sat Sep 25, 2010
DON"T go to an attorney they will eat that $2,500.00 before you can say HELP!
The court has free advisers, it's really simple if you follow the procedures.
IMMEDIATELY send a certified letter demanding a full refund the follow up with the site I sent you.
Web Reference: http://www.CAcertified.com
0 votes Thank Flag Link Sat Sep 25, 2010
Go to this site: http://www.dca.ca.gov/publications/landlordbook/index.shtml


see what your rights are and take the appropriate action...small claims is fast and simple.

you would first need to send a demand for payment, certified mail.
Web Reference: http://www.CAcertified.com
0 votes Thank Flag Link Sat Sep 25, 2010
since this was his personal property, I would contact the local attorney general. If they can't help, you need to take him to small claims court.
I say this becausse he is a FORMER Coldwell Banker Realtor. If he is still licensed, you could contact the state Div of Real Estate.
0 votes Thank Flag Link Sat Sep 25, 2010
I would contact this Realtor's Broker. The broker is the person in charge of the Coldwell Banker this Realtor works at. Some have an office manaber, and a broker. Ask for both! The Broker is generally responsible for all or most of the activities that Realtors conduct, who work under him or her. If that fails, I'd contact a local real estate attorney. Doesn't sound like you were in breach of any contract, by any stretch of the imagination. Sounds like this Realtor should get you your money back. And quick. Good luck.
0 votes Thank Flag Link Sat Sep 25, 2010
Hi Mad Renter,

Sorry to hear about your situation. I would either contact an attorney if I were in your position, or sue the landlord in small claims court for the amount you are owed. Good luck with your situation - hope it is resolved without too much hassle.

John Barry
DRE #01856079
Coldwell Banker Residential Brokerage
Cell: 323-810-7976
Email: john.barry@coldwellbanker.com
Facebook: http://www.facebook.com/RealtorJB
Twitter: @RealtorJB
0 votes Thank Flag Link Sat Sep 25, 2010
Hi Mad Renter, you can look up the Agent's license and mailing address here: http://www2.dre.ca.gov/PublicASP/pplinfo.asp

Best, Steve
0 votes Thank Flag Link Sat Sep 25, 2010
Contact the City where the property is located. They should offer free help for tenants.

0 votes Thank Flag Link Sat Sep 25, 2010
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