Complaints

• Initial Complaint

  01/10/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Hi BBB I have a complaint against Realtor ****** ******* with DRE# ******** who works for Home Square Real State, we enter a residential listing agreement on 5/5/2022 that expired on 11/5/2022 to sell my property located on *** w ******* St *******, California. Realtor ****** didn't sell my property, we accepted an offer from a buyer that couldn't close escrow and complete the transaction on time, when time was getting close to close escrow instead of focusing on closing the transaction the buyer was still shopping around and even went ahead and trespassed my property and disturbed my tenants, after I seen this buyer wasn't serious I instructed Realtor ****** that I didn't want to deal with this buyer anymore and that I was going on vacation and wasn't going to be reviewing nor accepting offers, Realtor ****** didn't follow my instructions she took another offer instantly from the same buyer, she was constantly emailing me and texting me during the time of my vacation, she not only ruined my vacation she caused me lots of mental stress, I couldn't sleep nor concentrate at work, lost my appetite and lost weight, all this affected my well been, at that point I wasn't comfortable with Realtor ****** and Home Square Real Estate so I requested a cancellation of listing agreement which they didn't granted, Realtor ****** instead demanded a commission, I feel there was lack of representation, dishonesty and the clients best interest wasn't important in this case, on 1/10/2023 I received an email from Realtor ****** demanding a commission with an invoice for the amount of $5800 dollars to be paid to Home Square Real Estate, I don't believe it's fair that I have to pay that money for something that Realtor ****** was hired to do and didn't accomplished, I ask BBB for help in this matter, thank you.

  Business response

  01/30/2023

  Dear ****** *******,
  I am in receipt of the complaint filed by Mr. ******* ******* ****** date 01/10/2023. I would like
  to state that our company and real estate agent ****** ******* acted with the utmost
  professionalism and fiduciary duty to this client.
  Mr. ******* ******* ****** entered into a real estate contract to sell his home. My agent
  worked on this transaction and found a buyer. The buyer was unable to obtain a loan towards
  the end of escrow. The same buyer then offered to purchase the home with all cash. ******
  presented this offer and Mr. ******* ******* ****** declined to sell his home. ****** worked
  countless hours and the contract that Mr. ******* ******* ****** signed states that a
  commission is owed.
  I also spoke to Mr. ******* ******* ****** directly and he agreed that ****** worked for her
  commission and we came to a negotiated commission agreement that he has yet to pay. He
  sent an email July 14th, 2022 stating he would pay a commission. He asked me to draft a
  revised agreement that he wouldn’t need to pay anything more than the negotiated price, which
  was sent on July 14th, 2022. I spoke to Mr. ******* ******* ****** again because he wanted to
  renegotiate the already negotiated commission on August 8th, 2022.
  This complaint is in retaliation and an attempt to avoid paying a reduced commission that is
  owed by Mr. ******* ******* ******. My company and ****** ******* acted in a professional
  manner throughout the transaction. Mr. ******* ******* ****** may be upset that the buyer
  couldn’t complete the transaction with a loan and then offered all cash but that has nothing to do
  with our professionalism as a company and our agent.
  
  Sincerely,
  
  ***** B. ******

  Customer response

  01/31/2023

   I am rejecting this response because:Hello ****** ******* of the response by broker ***** B ******, I would like to state that broker ***** B ****** and her real estate ****** ******* did not acted with professionalism and fiduciary to me.

  Broker ***** B ****** and her agent acted on their own best interest, their only goal was to seek a commission and take my money in any way shape or form. There was a lack of honesty and unethical behavior from their part, in one occasion I recalled broker ***** B ****** and her agent calling me in a conference phone call with a third person that acted passive and never participated in the whole conversation, what was the purpose of that only God knows, I found their actions very unethical and unprofessional. In regards to a negotiated commission agreement there was never one, I recalled talking to broker ***** B ****** about some type of compensation for her agent but nothing agreed, I thought we had an understanding but again the honesty,  professionalism and trust was not there, broker ***** B ****** send me a document via docu-sign which included a bunch of conditions that clearly shows broker ***** B ****** and her agent acting on their own best interest not the client’s, broker ***** B ****** made up some  options of her own and stated that I have to accept one of these  options, but since I did not accept any, broker ***** B ****** literally  picked one for me, after seeing all this I came to realize that broker ***** B ****** and her agent were clearly forcing me to sell my property to who ever they wanted and forcing me to accept an offer that will benefit them not me. .

  On 5/5/22 ******* ******* ****** and realtor ****** ******* signed a residential listing agreement that expired on 11/5/22 with the purpose of selling my property located at *** W ******* St ******* CA *****.

  On 5/17/22 an offer for $580k was accepted, escrow opened up on 5/21/22 and was set to close on 6/ 21/22, the buyer did not complied with escrow instructions and did not close escrow on the time agreed, about a week before  the date escrow was set to close the buyer was still shopping around for properties and on 6/15/22 the buyer trespassed my property unannounced disturbing the tenants and claiming that she was the new owner, this buyer was not serious and did not close escrow to complete the transaction.

  On 6/16/22 a demand to close escrow was sent to the buyer which stated that escrow must close on 6/21/22 but the buyer did not complied.

  On 6/21/22 I informed realtor ****** that I did not wanted to deal with that buyer anymore and that I was going on vacation, I also told her that I was not going to review or take any offers and that I didn't want to be bothered during the time of my vacation, but she did not followed my instructions and acted on her own best interest.

  On 6/21/22 realtor ****** informed me that she received an all cash offer from an investor knowing that escrow was still open on the original offer.

  On 6/22/22 a cancellation of contract, disposition of deposit and cancellation of escrow was sent to the buyer but the buyer again did not agree which caused for escrow to stay open. 

  On 6/22/22 realtor ****** informed me that she was putting the property back to active on the MLS knowing that escrow was still open on the original offer.

  On 6/23/22 realtor ****** informed me that the buye’rs agent from the original offer texted her saying that they are sending in an all cash offer knowing that escrow was still open on the original offer.

  On 6/25/22 the buyer from the original offer submitted and all cash offer to realtor ****** knowing that escrow was still open on the original offer.

  On 6/25/22 realtor ****** emailed me the all cash offer from the same buyer knowing that escrow was still open on the original offer.

  On 6/26/22 realtor ****** informed me that she had sent me the all cash offer from the same buyer and for me to find time to review it, knowing that escrow was still open on the original offer.

  All this was happening during the time vacation, realtor ****** not only ruined my vacation, she got me under a lot of pressure causing me mental stress that affected my health in many ways.

  On 1/6/23 cancellation of escrow instructions were executed by cornerstone escrow after a mutual agreement between buyer and seller was reached.

  On 1/10/23 Realtor ****** emailed me an invoice for commission purposes in the amount of $5800 to be payable to Home Square Real Estate.

  Agent ****** ******* together with Home Square Real Estate did not do the job they were hired for, but instead violated the Department of Real Estate laws and regulations, I already submitted a complaint with the DRE against the agent and I will file one against Home Square Real Estate and broker ***** B ****** for the unprofessional and unethical services provided.

   

   

  
  
  

  Business response

  02/02/2023

  I would like to address that there are a lot of inaccuracies and untrue statements in the Seller’s last response and the Seller has not been able to produce any documentation that supports his claims. The agent has provided all documentation and communications with the Seller and I believe the agent acted with the upmost professionalism. From what I have reviewed, the Seller only started to make complaints as soon as the Seller was reminded of the Listing Agreement he signed which states that a commission is owed. The agent procured a ready, willing and able Buyer for the Seller’s home. The Buyer offered to purchase the Seller’s home all-cash after the Buyer was prevented by the Seller from obtaining an appraisal for a loan to be secured on the property. The all-cash offer was well over the contracted price stated on the Listing Agreement. The Seller still has not given a sensible reason as to why he wouldn’t accept the cash offer.

  I understand the Seller may feel he needs to say untrue statements about myself, my brokerage and the agent, but they simply are not true. Again, I have reviewed all communications during and after the transaction and find everything to be professional, ethical and in the Seller’s best interest. I have always had the Seller’s best interest in mind. I have done everything the Seller has asked me to do, including drawing up a negotiated commission agreement with the agent. I would like to close this matter without further retaliation from the Seller. If the Seller has any documentation to support his claims, I would be more than willing to review it.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩