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Mayra, Renter in Queens, NY

I want to report a real estate agent who caused me to lose a potential apt. rental when she decided to talk money infront of the landlord. Her fee!!

Asked by Mayra, Queens, NY Sat Dec 18, 2010

This agent showed me the rental apt., I came with all my paperwork, showed it to the landlords, they liked me and agreed to rent the apt. to me when the agent started to talk about her fee infront of them. Going on about how I must have her fee before the security and 1st month's rent. We got into it infront of the landlords. She started to disclose personal information I had given her in private beforehand, like if I found the apt. I liked I would borrow the money from my father to get . She actually repeated that in front of them and said, "Go ahead, call your father now." She was unbelievable! The landlords said that they would be willing to take the security now and the rent when I moved in. The agent jumped in and said, "No, you shouldn't paint or do any work on the apt. until she pays both." At that point I told her that I did not agree with how she was conducting business and I wanted to talk to her in private. I spoke to her briefly and she never called me back.

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You have several options available to you if this person was a Realtor, not just a real estate agent.

Your first stop is to call her broker and file your complaint with her broker. If she is a Realtor and feel that she has broken one of the commandments of the Code of Ethics, you can file a complaint with whatever Board she is a member of, i.e., Long Island Board of Realtors.

If she is not a member of any board, you can file a complaint with the Department of State.

My personal feeling is that the consumer has more protection when working with a Realtor (the trademark name of the National Assn of Realtors).
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0 votes Thank Flag Link Sun Dec 19, 2010
Was the agent the listing agent.....if so the agent was working on behalf of the landlord, and not really interested in your best interest--in any event, you can begin by contacting the broker owner and or office manager of the realty company and express your concerns; you can report the agent to the local Board of Realty, and or the agent can be reported to the NYS Division of Real Estate Licensing.
0 votes Thank Flag Link Sun Dec 19, 2010
The key is did the agent represent the owner of teh aopartment or did the agent represent you. Did you sign a buyer broker agreement with this agent? If teh agent was working for you under an agreement, then by no way should they have disclosed anything. if teh agent was working for the owner, than yes they can disclose anything you tell them to the owner. As far as the law, before you spoke with her she should have disclosed who she was working for, before she showed you anything you she should have had you sign an agency disclosure form. Although her actions are in poor taste, as far as the law it will depend if she had you sign the agency disclosure, if not she is guilty of that real estate law and if she worked you , thencould be liable civilly for damages. You should contact the state real estate commissionj to file a complaint. Make sure you have any copies fo any paperwork she gave you.
0 votes Thank Flag Link Sun Dec 19, 2010
Lots of questions here. You say she was a real estate agent but was she representing the buyer, seller or both? If she was both the landlords agent and your agent she is what is called a dual agent and she is obligated to disclose any information she knows to the landlord about you. She owes equal representation to both landlord and to you and so anything you tell her she must disclose. With that said, she had a right to inform the landlord that you did not have the funds and how you planned to obtain them. She could certainly have done it more smoothly though.
0 votes Thank Flag Link Sun Dec 19, 2010
If the agent was representing you, and you have a signed agreement that states that, you have the right to report that incident to the State that issues her a license.
0 votes Thank Flag Link Sun Dec 19, 2010
Hi Mayra, I would definitely contact the Broker of Record for the agents company. Speak with them and see what type of action they will take. If you feel you need to go further you can contact the NY Dept of State, there is a process to file a complaint. The agents broker should be able to give you that info if you aren't satisfied with their action.


Christopher Pagli
Licensed Associate Broker
Accredited Buyer Representative
GREEN Designated Agent
William Raveis Legends Realty Group
0 votes Thank Flag Link Sun Dec 19, 2010
Good Morning Mayra;
In brief, start the ball rolling by contacting the broker of the agent's company; then proceed to contact the local board for the paperwork necessary to file a complaint with the state board.
Web Reference:
0 votes Thank Flag Link Sun Dec 19, 2010
Mayra you told the agent representing the owners that you did not have the money to complete the transaction but could get it. In my area it needs to be disclosed to the owners that you do not have enough funding to complete the transaction.
This may have been able to be done in an alternate way that would have had a different outcome. The agent could have taken her owner clients aside and told them about the financial situation and waited until you had funds to do the paperwork .
You could have already had the money you needed from another source in hand so that you were ready to enter into an agreement and did not have to wait for funds to be delivered to you.
As a property owner I used to have a soft heart and would work with people on the security deposit. I took it up the b*** to many times to do that anymore. If someone does not have the money to move in I will hold a unit with a nonrefundable application fee to be credited to the security deposit. You would be surprised how many of the people that say they will have money in 2 weeks refusing to put their money down to hold the unit. When I call them in 2 weeks to see if they received their money something has always come up.
0 votes Thank Flag Link Sun Dec 19, 2010
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