If our Realtor made a mistake and took the wrong apartment off the internet and we lost that apartment by an hour is there any legal ramifications?

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If our Realtor made a mistake and took the wrong apartment off the internet and we lost that apartment by an hour is there any legal ramifications?

So we were interested in a unit in Hoboken. 419 Garden. There were two units.
One with a den and one without a den. We wanted the one with the den. All the
same price. Our agent said she took the apartment off the market, but I looked
online and she took the one without the den off the market.

Is there any legal steps that could be taken?

Asked on April 10, 2018 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no way to get the apartment: the law will not take it away from someone else who rented it in good faith. In theory you could sue the realtor, but only for provable economic losses, not frustration, disappointment, lost time, etc. So say that (for example) this apartment was $1,400/month and was a good deal, so you when you find a comparable unit in a comparable area, it is $1,600/month; if that $1,600 can be shown (e.g. by comparable listings) to be the typical costs for a unit like that, you might be able to sue the realtor for the $200/month their negligence or carelessness cost you, for the typical term (e.g. one year) of a lease. But if you end up getting a comparable unit at the same price, there is no loss to sue over.


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