Mineola, NY asked in Real Estate Law for New York

Q: Is it legal for a landlord (who is a real estate agent) to request a brokers fee for their own property?

New York State-> Nassau County NOT NYC

Apartment was found by me via Facebook as person posted an apartment was available (no other details). I reached out in a message and communicated with who I assumed was the broker for the property. Went to view the apartment and while in conversation about the details pertaining to the property, find out that who I assumed to be the broker- was in fact the owner of the house. Is it legal for her to ask for first months rent, security and a brokers fee all with checks made out to her? It seems like it’s a little “off” and double dipping so to speak. If you’re the owner of the property, you’re receiving the income from the tenants monthly so why would you also receive a brokers fee when the apartment wasn’t presented on a real estate website and I found it browsing- did not hire an agent…

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1 Lawyer Answer
Anthony Armando Nozzolillo
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  • Merrick, NY
  • Licensed in New York

A: Greetings:

The Real Estate Industry is a highly regulated industry. Unless this Landlord is a duly licensed New York State Real Estate Broker (you should ask to see credentials), she is prohibited from charging, earning , or a receiving a "broker fee". She is entitled to first and last month's rent, as well as a security deposit, (deposits for PETS are not permissible in New York State), as that would be consistent with standard Landlord Tenant protocol.

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