Am I required to pay the broker’s fee even though my name isnot on the lease?

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Am I required to pay the broker’s fee even though my name isnot on the lease?

I recently took a lease on an apartment; my wife found it and signed a document stating she would pay the brokers fee of $6300. The lease for the apartment is in my name. The landlord of the apartment when told about the fee told us not to pay it because we were being ripped off. Sadly by that time I had already paid $5000, however we have not paid the remaining $1300. My wife is being threatened with legal action on the remaining $1300 however, her name does not appear on the lease for the apartment in any way.

Asked on November 8, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The problem that you now have about the situation about the broker's fee and the remaining $1,300 allegedly owed is that you have already paid $5,000 of the $6,300 amount. By paying any portion of the $6,300 amount, let alone a substantial portion your actions indicate an obligation owed by you for the brokerage fee regardless if you wife's name is not on the lease where the brokerage claims money owing.

The reality is that you paud $5,000 and are living in the unit subject to the brokerage fee. Unfortunately for you, by your own conduct it seems that you owe the $1,300 balance.


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