Newsflash: Is this legal, and can I get our application fee back (NC)?

First, I realize this may be a ridiculous question, but I don’t know anyone to ask and I hope I have the right sub! My boyfriend and I are moving to a city in NC. Due to stalking rental postings almost hourly, we found the perfect apartment only six hours after it was “on the market”. I contacted the Real Estate Agency, and was told noone had submitted an application yet. I asked some questions concerning the property, and he told me it normally takes two days to process applications. As soon as I hung up, I filled out the application that had a $45 fee. Shortly after I recieved a text telling my application looked good and to please have my roomate fill his out as soon as possible, along with a receipt emailed to me. My boyfriend filled his out around 7pm that night for an additional $45, and received a receipt through email, but never a text. I called him the next day, but the property manager did not pick up. Friday I called him again, this time leaving a voicemail. Saturday, the boyfriend called to let me know the property was taken off the website, and was nowhere to be found. I called monday, still no answer.On Tuesday, I texted the number saying, “I noticed the house that both my roomate and I applied for is no longer on the site. I’ve called a couple of times and left a message but still I haven’t heard word back. I’m reaching out to check the status of our applications since we were the first to apply and help move things along. Thanks!” Now, I understand because we’re not first, that does not guarantee the property, I just thought I would have heard a response after almost a week. A couple hours later, I received a friendly, “Thanks for reaching out! We pulled it off the website because we can’t get in to do showings just yet. WE have not yet selected an applicant for the property at this point but based on the overwhelming interest have decided to up the rent to $950/month. Are you still intereseted at this price?”Sooo basically what I’m asking, is because we originally applied for a house listed at 895/month instead of 950 can our money be refunded, since it seems to me both our applications were not reviewed and we were applying the for the property at a cheaper rate? It’s only $90 but this money could be put towards our security deposit.



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