If the owner of a property gives a realtor permission to renttheproperty and the realtor does so, can theowner not honor it?

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If the owner of a property gives a realtor permission to renttheproperty and the realtor does so, can theowner not honor it?

A lease was signed and a money given. I have the receipt for the security deposit and 1st months rent. But since the owner was not first informed of the rental by the realtor, the owner does not want to honor the agreement. What rights do I have at this point?

Asked on April 12, 2011 under Real Estate Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am looking at the word permission in the sense that an agreement was entered in to between the realtor and the owner.  Now, was the rental agreement in writing or was it only oral and on a handshake?  Oral agreements or contracts are enforceable under the law as long as they do not violate what is known as the statute of frauds, which says that certain agreements must be in writing to be valid and enforceable. Here is the part that bothers me: WHO signed the lease agreement?  Did you?  As what: agent of the owner?  That part could indeed be a problem if you had no authority.  If, however, the owner signed the lease and the renter is a potential witness, then I would sue the owner for your commission.  Good luck. 


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