What are my rights when dealing with dishonest broker for renting apartment?

UPDATED: Oct 1, 2022

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What are my rights when dealing with dishonest broker for renting apartment?

Got scammed into signing a agreement to pay one months rent to a broker who
talked to me for 5 minutes and had no business being on the listing. The property
manager was unsure how this man got a hold of his listing when he didn’t lost with
anyone. The broker never told me he was part of an agency or that one month fee
was due. The broker didn’t help me find this apartment or negotiate anything. I am a
college student who cannot afford to pay to get the apartment and pay the broker
for a fee for doing nothing.

Asked on September 5, 2017 under Real Estate Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the broker, as you indicate, lied to you about material or important facts to get you to sign up with and pay him, that may well have been fraud: fraud can provide a basis for recovering compensation. You could sue the broker based on fraud for the money you paid him--small claims court (acting as your own attorney or "pro se") is a good option for this. If you can prove the fraud (that he lied about what he did do, or could do, or relationship, etc. to the apt. building), you can potentially get a cour judgment requiring him to repay you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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