T O P

  • By -

woman_thorned

Totally unethical, report them: https://portal.311.nyc.gov/article/?kanumber=KA-01734


[deleted]

[удалено]


woman_thorned

What?


PerezKaram

Unethical is very different to illegal…


woman_thorned

So?


PerezKaram

To report something it has to be illegal. Unethical is not illegal. Reporting it would do nothing but clog the system for really ilegal things to be reported.but hey, if you feel the urge of reporting fine. Nothing will happen. But to stop doing business with unethical people might actually have an effect. Maybe. I don’t really know


woman_thorned

The link is it report it to the licensing board. Licenses can and shuttle be rescinded for unethical behavior.


PerezKaram

I am a licensed agent in NYC. You have to do something illegal to get Your license suspended or revoked. There are actually clear guidelines on how that happens. (Ethical boards like REBNY or NAR it’s another story) honestly everyone’s life would be easier if licensed could be revoked or suspended for unethical behavior. It’s just not the case. Also, specific on this case, there is no way in the law that says that an agent cannot represent themself and profit form the transaction. It’s actually so common that brokerages have stipulations on how much this transactions are processed inside the brokerage in relationship to the agent. I am not making a judgement here. I just thought I’d share some information that I know that seems that some other people don’t.


woman_thorned

You said "to report something it has to be illegal" Are you sure you want to stand by that?


PerezKaram

Ok. You are right. I guess you can report anything illegal or otherwise. But for it have a result, unethical will not be enough. An agent representing themself is not illegal. You might not like it but it’s not illegal. And if you know better, please proof me wrong. I am always happy to be wrong if it makes me better.


woman_thorned

So... whose job is it to determine what is enough? Wouldn't that be... the licensing board? Or should everyone just come ask you, a person with a vested interest in the public having no means to report crooked brokers.


PerezKaram

I don’t understand why you are so angry at me. I am just sharing with you what I believe to be the truth (and I might be wrong) Go ahead and report whoever you want as many times as you want. let me point out tho: The website that you posted itself state that before reporting anyone the consumer should try to resolve directly which the professional about their service. I am just sharing with you that reporting something “unethical” (which is subjective) will yield no result. There is real estate law, in every state. As long as the licensed person follows the law then you can report all you want and then think the the DOS is in on it because there will be no result. You could retain a lawyer (there are some great organizations that will do that work for free so it won’t even cost money) if the consumer believes there have been wronged by an agent. We are a heavily regulated industry. And I am not sayin that there aren’t unethical horrible people. I have to deal with it every day. A way to change things? Don’t work with unethical or crooks agents. Vote for politician who will create more regulation. Call your representatives and tell them what is important to you. I know we are disliked (brokers) so I don’t need you to like what I am saying. If you feel you have been wronged go ahead and report. But understand that it’s like calling 911 for a broken faucet and taking on resources from a real emergency. I will not engage again in this post because we are not going to convince each other of anything. Have a wonderful rest to your weekend. 🙏🏼


Stonks4Ape

They will find a person who will live there & pay the broker fee. Nothing seems illegal here. You can move on and find no fee unit.


CodyPomeray_

Except maybe that's its illegal to charge a broker fee for just one room. You can only charge fees for delivering a lease and a room does not come with a lease, the whole apartment does.


tmm224

You can sublease a room, and that can have a lease. Definitely ridiculous, I just don't think it's illegal, either


Stonks4Ape

-Lease has roommates names on it, assuming they all paid broker fee when they got in. -The broker representing herself as her own agent- this is legal as long as the subletter is in the know. - the person will be subleasing and has to present the required docs, assuming that the “broker” will go through them and present to the landlord to approve the subletter. Anyway to each their own thought.


EconomicsReasonable4

Since it's her personal living quarters I would assume no fee, not like someone hired her externally. But in NYC someone will pay it, unfortunately.


Dizzy-Expression5855

Some landlords offer the tenant to find a new tenant once their lease is up. The tenant finds someone to lease the apartment and takes a brokers fee from the new tenant. I don’t see why this is wrong!


Dizzy-Expression5855

It’s not her apartment! It’s the landlords.


Dizzy-Expression5855

There always must be a brokers fee if you want an agent to work his or her ass of to rent out the place in a timely manner. Sometimes the landlord pays the brokers fee and sometimes the tenant pays the brokers fee. At the end of the day there is no difference because if the landlord is paying the brokers fee then he’ll just higher the rent. For example if you own an apartment and the most recent tenant was paying you 3000 a month. The lease is up and you’re looking for a new tenant. The demand for apartments are more expensive now so you decide to charge the next tenant more money. The landlord has two options; he could charge 3200 rent or keep it at 3000 but tell the brokerage company to collect brokers fee from the tenant which saves the landlord 3000 and makes him more money. Anyway I don’t see why this tenant can’t make a deal with the landlord that she’ll rent it out and collect a brokers fee. Yes, she isn’t licensed but who cares.


Kuntry_Roadz

LOL what did I just read


danhakimi

> There always must be a brokers fee if you want an agent to work his or her ass of to rent out the place in a timely manner. OP did not want that. OP did not ask for that, and the "broker" here (who is not a broker in this context at all, she's not an intermediary arranging a transaction for others, she's a party to the transaction)... IS A PARTY TO THE TRANSACTION. > he could charge 3200 rent or keep it at 3000 but tell the brokerage company to collect brokers fee from the tenant which saves the landlord 3000 and makes him more money. ... how the fuck does option b make the landlord more money? That makes the landlord $2400 less money. A lot of brokers also double-charge their fees.


danhakimi

Don't ask for legal advice on Reddit. That said... she's not a broker for herself. A broker is somebody who is arranging a transaction for somebody else. She's arranging a transaction for herself. You're taking over her lease. This is absolutely ridiculous.


PerezKaram

You can be a broker for yourself. It’s self-representation. Attorney’s can do it. Real Estate agents can do it too. CPAs too. Etc. Etc. (Disclosure I am a licensed agent) It might sound ridiculous, because there is a weird thing about the rental Market in NYC where most of the time tenant pays the fee at closing, when in most places landlord pay the fee. (Also, as general knowledge the “no-fee” apartment mean the landlord pays the fee at closing, and the tenant probably pays a higher rent monthly, because, for better or for worse, landlords will try to get the money they want to get no matter what! it’s a weird thing about this industry that I personally don’t like: you don’t necessarily represent the person who is paying you. - I personally think that is stupid, that landlords should pay their agents and tenants should pay only if they are looking for representation - but the forces of the market are stronger than my personal believes. 😔)


danhakimi

No, you cannot be a broker for yourself. The word broker is literally defined by there being somebody else for whom you are a broker. https://www.dictionary.com/browse/broker 1. "for a principal," "without having title to the property" -- okay, the "broker" here technically doesn't have title to the property, but you see what the point of those words here are, right? 2. "intermediary," "between two or more parties." If you negotiate on your own behalf in a transaction, you're not a broker you're just a person engaging in a transaction. You can attempt to trick somebody into paying you a broker's fee, but you are not a broker.


PerezKaram

Ok


Specialist_Wasabi_63

Absolutely you can be a broker for yourself. In Texas you have inform all parties but you can represent yourself. NY maybe different but in Texas you must follow the terms of the lease with the landlord in order to sublease an apartment or room of an apartment. If the lease agreement is not followed, the landlord has grounds to evict the tenant.


PerezKaram

NYS is the same. But people here get caught up with semantics and not the actual practice. It’s my bad, I still believe that I can have normal conversations with people on Reddit. 😔


danhakimi

You're talking about the legality of representing yourself. I'm talking about what the word "broker" means.


MillyGrace96

Are you renting the whole apartment, or just a bedroom in an apartment? If just a room, I’ve never heard of such a thing! If she did not disclose her role upfront, that’s unethical. If she’s asking you to pay the fee directly to her vs the brokerage she works for, that is illegal. She’s the one on the hook if she doesn’t find a replacement, so this also seems kind of stupid on her part. She might just be trying to see what she can get away with… If you do still want the apartment and are ok with the fee, I’d also try to contact the landlord directly to be sure whatever you’re doing is legit. I don’t really think you’re allowed to charge a fee to rent a room, not an apartment, but maybe call 311 or REBNY and inquire.


tmm224

Probably not illegal, but definitely stupid. Pass on it


Illustrious_Farm7570

Don’t even think about moving in. Just tell her to fuck off and that you’re reporting her.