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Am I responsible for the fees?
by Anonymous
on July 11, 2012 @00:00
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I was in the process of renting out my house since I moved states recently. I engaged a reputable tenant placement company to find me a tenant. They did that just fine, maybe too good actually.
They found a tenant about 3 days after I signed them on. The problem starts because I didn't have my city issued license yet. I made that very clear to the agent multiple times that it was still being pursued.
When they sent me the lease for the tenant I asked them (on the phone, not in writing)what about the city inspection? What happens if things come back on it? They said "oh, don't even worry about that." So I signed the agreement to keep things moving along since the agent was really pushing me to get the lease signed so they could finalize everything.
Now, right after the lease was signed, the city came back and listed off about $15k worth of repairs (most of it was a driveway replacement)that I can't afford by any stretch of the imagination. Because of that, I can't get the rental license and I can't rent out the house.
The agency is now saying that I still owe them 2 months rent (about $2500) for their services. This fee is also based on teh 3 year lease, which won't happen now.
Now in addition to this, the agreement I signed with them clearly states they are not to pursue any marketing or leases until all applicable permits are in place, such as the city one, which isn't.
Hooray for them for being proactive in finding a tenant, but based on the agreement it looks like they jumped the gun to get a leased signed before they were supposed to. Does this leave me financially liable in this situation for their fees?
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Re: Am I responsible for the fees?
by Anonymous
on July 11, 2012 @02:07
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It seems with that clause that you would be in the clear with them but I would consult an attorney. It may be worth it to offer them a little bit of cash for their time so that you do not have to worry about being taken to court. An attorney may be able to send them a stern letter about what would happen if they persue the legal route and lose but either way you will probably have to shell out a few bucks to get this too go away. did you point out to them the clause where they had to wait until you got the permits and if so what did they say? I guess they could say that since you signed the lease they were assuming you had all permits. Best talk to an attorney and good luck.
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Re: Am I responsible for the fees?
by Douglas (KS)
on July 11, 2012 @10:17
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"Now, right after the lease was signed, the city came back and listed off about $15k worth of repairs "
1) THis is why I avoid cities - regulations can be a nightmare
2) Don't ever leave obvious repairs undone in a city; you may lose the ability to do it yourself or under your terms.
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Re: Am I responsible for the fees?
by Eloise
on July 11, 2012 @10:43
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I would check with a lawyer. I don't see the point of them trying to enforce an agreement in part only {the part where they get paid, and not the part where they themselves say they can not get aid until you have your license!}. An attorney's letter to them should take them off your behind. Have him or her offer some funds for their administrative expenses, if you feel like you should pay for that at all, in my personal opinion, yes, they did provide a service, and this costs money, however, they did not follow protocol and it was because of their premature actions that the deal did not go through.
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Re: Am I responsible for the fees?
by tiffany
on July 11, 2012 @11:16
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I disagree with above comment. Don't give them any money to try to make it go away. Figure out what you want to do and pay or don't pay. If you pay a little, that implies that you agree it is owed.
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Re: Am I responsible for the fees?
by Anonymous
on July 11, 2012 @12:42
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If you do decide to pay them have them sign something that states that by accepting this they agree to not pursue any legal action. Do not under any situation just give them some money with nothing in writing.
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Re: Am I responsible for the fees?
by Anonymous
on July 11, 2012 @12:43
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If you do decide to pay them have them sign something that states that by accepting this they agree to not pursue any legal action. Do not under any situation just give them some money with nothing in writing.
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Re: Am I responsible for the fees?
by Hari Seldon (Michigan)
on July 11, 2012 @15:32
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> The agency is now saying that I still owe them 2 months rent (about $2500) for their services
As various Anons have said; DO NOT give them any money until you've talked with your lawyer.
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Re: Am I responsible for the fees?
by Monica (Wa)
on July 11, 2012 @16:16
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Lawyer !!! A letter to them from an Attorney would not cost nearly what they want and will put them in their place. They can be very sneaky so dont sign or pay anything ~ tell them you are consulting an attorney and do so.
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