Miami, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: Can a realtor keep my EMD if he was the one who decided he didn't want to rent. No contracts were discussed or signed.

I viewed a place for rent. I completed the app. and gave app fee to agent. The next day I got a text that I was approved. I met him the next day to show my fiance the place. We wanted it and gave $100 to show it. We discussed we didn't get payed til Friday (2 days away) but that we could do it then. Thru text/phone we planned to meet. Day of, the money didn't hit the account yet so I messaged him shortly before our meeting time (noticing we were running out of time) to tell him what was going on. Directly after, maybe ten minutes, I told him we had it all, that everything was switched into our account and ready to be withdrawn. He called about 2hrs later and asked to meet him in 30min to sign and get the keys. Our luck, we had atm problems, had to go to the bank instead, resulting in us being late. He wasnt there. I texted, explained, and asked for another meeting time. 3 days later he texted, did not want to rent to us and says I owe him. Do I have any rights to atleast get my $100?

1 Lawyer Answer
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You wont get the application fee back as that went to costs (background check etc). You had no binding contracts for anything so I would move on.

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