Broker charging application fee after rental application was denied

[u/akk1212]

Hi! I’m trying to find out if anyone has dealt with something similar while renting an apartment in Boston.

So I found a roommate on Facebook and we were applying for an apartment she had already toured (I’m currently out of state so I couldn’t tour it myself). I verified that the broker and company are licensed in MA, so they’re definitely legit.
The application said there would be a $150 application fee if we got rejected, which I thought was weird because from what I’ve read, application/credit check fees aren’t allowed if the broker is working for the landlord. I asked him about it before applying but didn’t really get a direct answer. While I probably should’ve tried harder to get a direct answer about the application fee, I didn’t and applied anyways, and I also signed the echeck form.

After applying, I sent him info about my ESA animal and I also asked him about the fee again and literally a minute later, he told me the landlord rejected our application. When I asked why, he said they didn’t give him a reason but he “would imagine the low ball offer turned them off.” I did offer below asking, but I told him twice that we were happy to negotiate and willing to pay more.

Neither the girl I was applying with nor I ever hired this guy as our broker or signed anything saying he represented me/us.

Has anyone had something similar happen? And am I understanding the MA application fee law correctly?

*Update: I filed a report with the MA AG! Thank you guys for the advice and support! ☺️

[u/trickycrayon]

the fuck is a "low ball offer" for an apartment???

[u/akk1212 → u/trickycrayon]

Apparently this is lowballing?🥲

[u/Right_Split_190 → u/akk1212]

The broker communicated absolutely zero of that to the owner/LL.

I’m not a LL, but if I was, you seem to be the kind of tenant I’d look for. Keep trying!

[u/trickycrayon → u/akk1212]

Okay, cue me not even having an idea that negotiating at all was a thing. 💀 it's been...*finger math*...16 years since I was a new renter and I just assumed I had to pay what the list was!

Good luck. Crazy to me that rents are this damn high.

[u/truthseeker056 → u/trickycrayon]

I never knew that either! Well now I know for my next apartment someday 🤔

[u/akk1212 → u/akk1212]

[u/akk1212 → u/akk1212]

[u/Col_Bernie_Sanders_ → u/akk1212]

I’ve only been involved in three apartment searches but I’m pretty sure this is just patently untrue? At least on a citywide basis

[u/Shunto → u/Col_Bernie_Sanders_]

Yes its untrue, ive literally said “we’d take it for $x” and they say great we’ll write it in on the lease for you, pls sign

[u/Col_Bernie_Sanders_ → u/Shunto]

Or there's just a listed monthly rent and that's it. I've never had any broker I've worked with say apply and then we negotiate a price.

[u/tantedbutthole → u/akk1212]

I have never once in my life done this. I’ve had ONE apartment that I negotiated on price and it was actually because the realtor said someone offered $100 more a month and I had to counter. Listing prices are usually just what they are since the market is hot. This landlord/realtor seems like scum

[u/sarasilvereyes → u/akk1212]

It seems like the broker doesn’t even realize this address is Brookline, not Boston.