Simply put, I was mislead repeatedly by an agent of this company and it's going to significantly effect my cost basis and quality of rental residence.
For the record/context I'm a fellow business owner and an asset manager. I deal with professionals and contracts for a living. Bay Management Group has, on the whole, appeared responsive. However, I am deeply troubled by a technicality that I was caught on by one of their agents in finalizing my rental process; an intentional omission on the agent's part and an oversight on mine that will now cost me thousands in time and money.
When recently considering renting, I engaged with a sales representative about a property. This property had both a "garage" and a "workshop". I have a classic car and a specific need to rent a unit that has garage access. When I inquired with the listing agent, my exact inquiry stated (I have a copy of the correspondence and provided it to BMG) "Very interested in renting this property. Can you confirm that it includes garage access?" He responded that he believed so, and continued to take all my information and work towards a rental agreement, and quiz me down about my merits as a renter and a human - it now takes an act of congress to rent OR evict a renter (subject for a different time).
When this agent and I, days later, reached an agreement, I again stated specific concerns about the garage (I have a copy of the correspondence and provided it to BMG): "I'd like to rent it. I'm ready to formally apply. My only two questions are: 1. What day is it available. and 2. It does include usage of the garage that's adjacent to the rear workshop?" The agent called me directly (we spoke twice in fact) and confirmed the details on each, and so I applied.
A week later I received the lease, digitally. I read all 11 pages of it and there was no mention of garage or property restrictions, of which I was clearly looking for. Believing everything was on the up and up, I did the digital signature dance where they have you jumping all over intial/signature pages, and submitted it. Even when I received the keys, no mention was made by this same agent, whom I had questioned specifically asked four times, about the garage. When I later finally arrived to move in and open the garage, of course it was full of storage junk.
I was pretty surprised and called the property manager, who told me the garage was unavailable under any circumstances but that I had access to the "workshop". When I went back to re-review the lease (there was still no mention of this in the original lease)... but to my surprise there was a single line, stuffed in an extra addendum that stated "both tenant and landlord agree that garage is strictly off limits and is for owner use only." That was it; one add on line over at least half a dozen added addendums, not on the original lease. I guess it is my fault and I missed it, which is pretty shocking considering a) I was repeatedly asking and looking for this specifically, b) had questioned, four times, the agent on this, and c) that same friendly neighborhood agent was managing this contract and the listed agent of record.
Technically they have me. I signed the lease on 06/23 and it was kicked around about 40 times between then and 07/10 according to the docusign log before it was ever marked "completed", two weeks after signature. I have my doubts about whether this was even in the original file. At best this agent was misleading and unethical. At worst he was a flat out liar who cost me a few grand, as I now have to travel around town to rent and maintain a separate garage space. I presented all this to the BMG team with proof and they, of course, have offered to do nothing to make this right, acknowledge the irony, or find an amicable resolution for both myself and the property owner (I presented multiple practical options, to include moving the storage items from the "garage" (where you could drive a car in) to the "workshop" (lots of lockable storage areas but no car access) so that both parties could get what they wanted.
Extremely disappointed in the tactics of this agent, their play on words/omissions throughout, and in being unable to trust BMG people whom you shake hands with.
While we empathize that the tenant did not realize the garage was not included, we do not feel we misled him. Below is a link to our ****** ad that clearly states use of the workshop and that there is a 2 car driveway. There is no mention of a garage. The line about the garage was not stuffed in an extra addendum; we have attached it, and it is very clear. Tenant says he read our lease thoroughly looking for mention of the garage, but says he did not see one, so he assumed it was included. We have a standard lease for all of our properties; we could not possibly have a separate one for each property. This is why we have addendums, so if something is specific to a property, it can easily be included as was done with the garage. We use docusign for our leases; the dates cannot be altered, and they cannot be changed once initialed and signed. The tenant read over the lease and initialed and signed on June 23. He did not move in until July 7 which is a Saturday. All leases are reviewed by management, and they are not in the office on the weekends, which is why his was not signed and initialed until July 10. We did approach the owner about moving his items from the garage to the workshop, but unfortunately, he is not budging. We cannot override his decision, and we are sorry for that.
*BBB removed the direct link to the property listing.*
We do not see a spot to attach a document, so we are not able to attach the garage addendum. We will try to send another way.