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Credit Check Refund (Strut Legal Burreau)

white_teawhite_tea 3,262 Posts
edited January 2007 in Strut Central
Quick question: Has anyone ever successfully gotten a refund on a credit check, say from an apartment rental service? I put in an application for a place with a $45 credit check-slash-application fee and also $500 earnest money for a spot that was either 1.) Misrepresented to me 2.) Or I was straight up lied to. Basically I was quote a price that included heat and parking then told that the price didn't included neither. The offer was contingent on those two things, so I basically want my money back. Anyone care to offer an opinion of the odds of that happening? P.S. I live in Illinois. P.P.S. Anyone have insight on how much these types of spots pay for an individual credit check? My guess is that they buy a pretty huge package and pay a few bucks each, WAY SOUTH of the $45 I paid.

  Comments

  • undertheradarundertheradar 619 Posts
    P.P.S. Anyone have insight on how much these types of spots pay for an individual credit check? My guess is that they buy a pretty huge package and pay a few bucks each, WAY SOUTH of the $45 I paid.

    I work at a mortgage company and I think we pay $9-15 for a 3 file merge credit report.
  • G_BalliandoG_Balliando 3,916 Posts

    Basically I was quote a price that included heat and parking then told that the price didn't included neither.

    Did you get that in writing?
  • keithvanhornkeithvanhorn 3,855 Posts
    my suggestion is to walk into their office and present them with your claim. if they do not give you a refund or try to negotiate a partial refund (that you can accept), tell them you have already spoken to a lawyer and he has advised you that you have a successful claim for fraud/breach of contract/ and that they have also violated several state statutes. if they still don't budge...try talking to a lawyer and getting him to make a phone call or write a letter on you behalf. worst case scenario, file a complaint in small claims court and represent yourself. i dont know much about real estate law, but at a minimum, this is fraud and breach of contract.
  • faux_rillzfaux_rillz 14,343 Posts
    tell them you have already spoken to a lawyer and he has advised you that you have a successful claim for fraud/breach of contract/ and that they have also violated several state statutes. if they still don't budge...try talking to a lawyer and getting him to make a phone call or write a letter on you behalf. worst case scenario, file a complaint in small claims court and represent yourself.

    Over $45?
  • keithvanhornkeithvanhorn 3,855 Posts
    tell them you have already spoken to a lawyer and he has advised you that you have a successful claim for fraud/breach of contract/ and that they have also violated several state statutes. if they still don't budge...try talking to a lawyer and getting him to make a phone call or write a letter on you behalf. worst case scenario, file a complaint in small claims court and represent yourself.

    Over $45?

    i thought he lost his $500 earnest money.
  • JRootJRoot 861 Posts
    tell them you have already spoken to a lawyer and he has advised you that you have a successful claim for fraud/breach of contract/ and that they have also violated several state statutes. if they still don't budge...try talking to a lawyer and getting him to make a phone call or write a letter on you behalf. worst case scenario, file a complaint in small claims court and represent yourself.

    Over $45?

    i thought he lost his $500 earnest money.

    If it's your $45, ask for it back, but you probably won't get it back. Don't fight too hard to get it back, because I doubt that you'll be able to make them give it back if it comes to that. If it's your $500, ask for it back and you should get it back. If you don't get it back, it's worth fighting about. They are supposed to give it back.

    And in general, throwing around "I know/spoke to a lawyer" when you haven't is not going to help much. If you sound like YOU know your shit, you'll be a lot better off than if you sound like you're pissed and you're just threatening them with a non-existent lawyer.

    Good luck. Credit check fees get the gas face.

    JRoot
  • white_teawhite_tea 3,262 Posts
    Hey, thanks for the responses everybody. Kinda confirmed my suspicions -- pretty positive I'll get the earnest back but not likely the credit check fees. Maybe I'll go with a polite guilt trip, you know, "Is that really how you want to do business?" To which they'll say, "Well, yeah."

    Best case, maybe I'll be able to switch over the credit check fee to another worthwhile property, though it seemed like I tapped the best of their resources as far as what I was looking for.
  • rkwparkrkwpark 915 Posts
    yeah ask for the actual credit check so you can present that to any future landlords during your apt hunt etc. i think 'application' fees are a sham but unfortunetly a necessary evil it seems.

    -rkw
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