Consumer Alert Prepaid Listings

• Potential renters find that the properties featured in listings are not for rent, have already been rented to someone, or do not exist;
• The landlord may actually be renting out the space, but may be unaware that his or her property is featured through the PRLS service;
• PRLS companies compile listings from newspapers, online classified sites and real estate websites with no regard to whether the properties are still available, the rental prices have changed, or that the details are factually correct;
• Other prospective renters have found that the listing service, after the consumers have paid for the list(s), cannot provide rental properties that meet their (the consumers’) desired specifications and qualities;
• The company fails to provide refunds as specified in its contract.

• Checking the company out through the DRE’s website before doing business with thecompany is critical, and will let the consumer know if the company is properly licensedand if there has been any disciplinary action taken.
• Even if the PRLS is licensed by the DRE, consumers are well advised to check on the PRLS with the Better Business Bureau in the geographic area in which the PRLS operates.
• See what information is provided by the company by doing a Google, Yahoo or Yelp search on the Internet.
• ? If the PRLS company is not licensed, consumers should not use that company, and report
• the company to the DRE, and should find an alternative DRE-licensed PRLS option or
• some other avenue for their rental hunt.

• It must provide a contract stating the amount of the fee and specify what services will be performed in exchange for the fee;
• The contract must include a description of the kind of rental unit the consumer wants tofind;
• Even if the contract is signed electronically, consumers can and should still request a printed copy of the contract. This must be provided within five working days of a request;
• Consumers need to ensure that the contract specifies what sort of rental listings will be provided. For instance, if a consumer is looking for a specific number of bedrooms, a maximum rent amount, or listings in a specific area, this must be written into the contract;
• The contract must state an expiration date of no more than 90 days from the date it is signed;
• The PRLS company must also disclose small claims court remedies available to you should any issues arise.

• Within five days: If a consumer has not received three “available” rental listings meeting all property specifications listed in the contract within five days of signing the contract, he or she is entitled to a full refund. To receive the refund, the consumer must deliver or send via certified mail a written request within ten days after the five-day period expires.
• Within the term of the contract: If the service does not locate a rental for a consumer or if the PRLS consumer finds housing on his or her own within the time-frame of the contract, that consumer is entitled to a refund of all fees paid except for $50. To obtain a refund under these circumstances, a consumer must submit a request for a refund within ten days of the expiration date of the contract through certified mail or in-person.
• If the service failed to locate a rental property for a consumer, the consumer needs to provide documentation proving that the consumer has not moved and still resides at the same address.
• If the PRLS consumer found housing without the services of the PRLS, the consumer must include documentation of their new address. If documentation cannot be provided, a statement of the facts should be prepared and submitted to the PRLS.
  If a refund is not issued:
• A court of law can award up to $1,000 for damages, and the quickest way to obtain a judgment is through a Small Claims Court.

ALTERNATIVES
Should consumers wish to pursue other avenues when seeking a new rental, they should consider the following services:

1. Real Estate Brokers: A licensed real estate broker or salesperson working under a broker may know of properties currently for rent. As with any real estate service, check the license of the individual or entity (through the DRE) before doing business.
2. Property Management Companies: Property management companies are often hired by homeowners and apartment owners to manage homes and commercial properties which are available for rent. These companies may often manage several sites, making it convenient to view listings of different sizes, prices and locations through a single property manager. These companies must also be licensed through the DRE.

The PRLS company only accepts cash (credit cards allow for disputing charges);

• Guarantees the prospective tenant will get a rental in his or her price range and desired location;
• The list of rentals is handwritten and not computer generated;
• The company does not provide property management or owner contact information for a prospective renter to schedule an appointment to visit the property;
• The company asks the consumer to contact them instead of the property manager or owner if there is an interest. (Typically, a PRLS company will provide you rental property addresses and property manager or owner information so that direct contact can be made by the client).
• Company representatives use only first names (note that last names may be omitted and first names are often changed to avoid detection of law enforcement or from being sued);
• The company has only been in business a few months (some PRLS companies open, quickly close, and move around a lot to avoid customers seeking refunds).