What is my obligation to fulfill a contract if the other party did not hold uptheir end of the deal?

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What is my obligation to fulfill a contract if the other party did not hold uptheir end of the deal?

Broker for the leasing office told me everything would be fixed before I moved in this week. I have now moved in and nothing is fixed, including a broken window. I tried tracking him down but was told the building was sold 2 days after I moved in and they have nothing to do with it now. However, the broker is calling me about the remainder of the fee we agreed to. Do I owe him since he didn’t hold up his end of the deal to make sure things were fixed? We had 2 agreements – 1 verbal and 1 signed stating that I would pay the remainder. I believe it was under false pretenses. Am I screwed?

Asked on December 27, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What I would do is tell the broker that you owe money to that his balance owed will be paid by you after the agreed to repairs to the rental that you now occupy are taken care of as agreed to before you signed the written agreement to move into the unit and see what the response is. The broker for the leasing office was the agent for the owner of the unit when you leased it.

In the interim, I would contact the new owner of the unit that you are renting about the need to make the agreed upon repairs which are needed and when the repairs to the broken window and other aspects will be completed.


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