Re: Realitor causing a headache and I dont live there

Re: Realitor causing a headache and I dont live there by Kim (WV) on September 19, 2014 @05:41

Tina, I am sorry the realtor is being so unethical. Here's what you can do without an attorney. It's a two pronged approach.

First, write a letter to the realtor and send a copy to the realtor's broker. The broker is the owner of the real estate company and is responsible for the conduct of the realtor. Restate the facts of what happened. Tell them (1) you were highly offended by the things the realtor said (about being a felon, etc). Remind them the realtor first told you that you didn't qualify to rent the apartment because you were a felon who didn't deserve to live. Tell them when the realtor called back to tell you they would rent to you, you had been so disgusted and offended by the realtor's previous treatment of you that you told the realtor you did not want to live there and you wanted your money back. Just go on, throughout the letter, laying out exactly what happened. Tell the realtor and broker you know about the women living there (give her name, if you know it...if you don't, then find out what it is). Tell them you know it is illegal to collect money from two different people, under two different contracts for the same residence and the same time period. Tell them to either refund your money by the end of Septemeber or you will report them to the Real Estate Commission of the State of Missouri. Here's the link to the online form you will need to file the complaint: http://pr.mo.gov/boards/realestate/reccomplaintform.pdf

Make sure you give them an address to mail the check to and let them know if you haven't received a check for the full $430 you will not only be reporting them to the Real Estate Commission, you will also be suing them in small claims court.

By the way, you can check online to see if that realtor or broker has had any prior disciplinary actions against them. Here's the link for that: http://pr.mo.gov/realestate-disciplines.asp If you find their names on there, or the name of the real estate company on there, click on the name and you can read the prior complaint.

If you find their names on the list, be sure to mention that in your letter to them also...as in saying something like: "I am aware you have been the subject of disciplinary action before." Then they will know you are NOT BLUFFING about this and are serious about getting your money back.

The second prong of your attack is to file a claim in small claims court against them for the return of the money. There will be a small charge to do this (probably about $25). Keep a copy of the letter you send to the realtor and their broker; you will want this when you go to court. Keep copies of all the documents (such as the lease you didn't actually sign and so on). If you don't have a copy of it because the realtor never gave you one then, in the letter to the realtor and broker, make sure to demand they give you a copy of the lease. Make sure to get the name of the woman currently living in the apartment. If possible, get a written statement from her about (1) the fact she is residing there and (2) the date she moved in. If she is willing to come to court with you, that's even better. If she's not, but she has a written lease for the apartment and is willing to let you make a copy of it, then copy it and take it to court. When you get a court date, show up at court with all your documentation and any witnesses (such as the woman actually living in the apartment).

Getting your money back is going to require some effort on your part, but you should get it back if you make the effort. Best of luck to you; let us know how things turn out.

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Re: Realitor causing a headache and I dont live there - Landlord Forum thread 324709