realtor fax signed lease, w9 & rental app. then had to admit he didn't collect the first month or security and can't locate his client.

Asked by Imdfox, Belmar, NJ Mon Dec 26, 2011

c-21/schlossbach realty in belmar is local and does a lot of rentals. why would he have done this? my house is listed with reputable coldwell banker realtor. i signed and faxed back. lease states i'm to receive $450.00 for first month. i should expect to receive, correct?

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D., Home Owner, Belmar, NJ
Sat Jan 7, 2012
thanks for all of the input. i learned a couple lessons. one is ignore realtors who provide signed leases without copies of checks attached, regardless of the fact that the realtor is in a resort town and does many rentals, and i thought knew better. c-21/schlossbach agent was insensitive to what he put into motion.
ps - i don't have the house for sale. just rental listing with one agency.
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Francesca Pa…, Agent, Manasquan, NJ
Fri Jan 6, 2012
Oh, my yet another renter nighmare story! . . . this is the very reaon many of Realtors shy away from renters. Honestly, I wouldn't be too hard on the renting agency as renters are typically unpredicable. .

Frankly, the agent should have collected a bank check with the lease and before having you sign same. As to whether you are entitled to the first months rents despite the mising client, that is a question for our attorney,.

Good Luck!

PS. Why r u listed for sale with one agency and for rent with another. Never a good idea.

Francesca Patrizio, Broker Sales Associate,, ePro, SRES
Jersey Shore
732.606.2931 (Direct/Cell 24/7)
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Debra (Debbi…, Agent, Livingston, NJ
Wed Dec 28, 2011
So.... you are saying you have a fully signed lease, but no checks, or any desposit money as yet?

How does the lease read? Does it state that the checks are to be presented WITH the lease, signed by the tenant, or upon your agreement and signature? Our leases have this all clearly stated in writing.

Who is paying the commission? if the tenant is.....was that paid to the agent yet?? (just curious)

Read the terms of the lease and see when the checks are due..............if the dates have been ignored, then you very well may have a deadbeat tenant........your agent should be helping you deal with this.

You might need an attorney to officially cancel the lease if the terms don't clarify that for you.

It's not a good sign if the agent can't "locate" his own client.
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Jeanne Feeni…, Agent, Basking Ridge, NJ
Wed Dec 28, 2011
Yes, and before you turn over keys, whatever has been established in the listing and lease should be met. Be sure they are BEFORE you provide keys. Also recommend that you be sure those initial checks clear.

Good luck to you,
Jeanne Feenick
Unwavering Commitment to Service, Unsurpassed Results
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Ann Ryan, Agent, Doral, FL
Mon Dec 26, 2011
This sounds like a legal question to me... which a lawyer should answer. A lot will depend on NJ contract law and practice.
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Roland Vinya…, Agent, Sprakers, NY
Mon Dec 26, 2011
It sounds as if the tenant may have conned your agent. You see folks try that every so often and if you are gullible or the tenant is very skilled at this, you can get taken. They are hoping to get in with no money, but with lots of chutzpah. Then,; of course, you'd face someone who is probably skilled in avoiding eviction. Look for someone else.
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