Is it possible to get broker’s commision back?

UPDATED: Nov 5, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 5, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it possible to get broker’s commision back?

My husband and I hired a real estate broker to help us find a rental apartment. One apartment suit our budged and we went ahead with signing a lease. Also we paid the agency’s commission. However before we even moved in there we have discovered that an apartment has a serious cockroach problem. Therefore we cancelled the deal. However the agency does not want to refund our comission saying that once we accepted the apartment their job is finished and there are no refunds. They said that they can find us another apartment and not charge a second commission but we do not trust this agency anymore. Are there any chances that we can get our commission back (at least part of it)?

Asked on November 5, 2011 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, it is most likely that you cannot get the commission back. The brokerage is correct: their job was to find you an apartment which you would rent. You state that you signed the lease for the apartment--thus, the brokerage did discharge its responsibilities.  It is not responsible for anything happening later to terminate the lease or cause you to move out, whether due to an infestation, nonpayment of rent, or otherwise, and whether occuring before  you moved in, during the middle  of the lease term, or near the end.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption