Complaints

• Initial Complaint

  09/06/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Unresolved

  More info

  I am submitting this formal complaint against my buyer's real estate agent, ******* Valdes *******, and their brokerage, Real Estate Empire Group LLC, for negligence, failure to disclose material information, and breach of fiduciary duty related to my purchase of the property located at *****************************************. I am submitting this complaint based on negligence, breach of fiduciary duty, and failure to disclose material facts, as required under Florida Statutes Chapter *******, as well as violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Chapter 501, Part II. Given the purposeful concealment of the foreclosure by the sellers and the failure of my agent to perform her basic duties, I believe that punitive damages are warranted to address the egregious nature of this situation and to deter similar conduct in the future. Sincerely, ******* ******* ******* Valdes ******* ********* Case number 2023-CA-001279

  Business response

  09/16/2024

  Ms. ******* was a client of Real Estate Empire Group and ******* Valdes ******** We represented her as a real estate agent in the purchase of a property. We do not nor have we ever concealed any information from Ms. ******** When we search for houses, there is no requirement that we search court records to see if a property is in foreclosure. In this specific transaction, like in all other transactions once the contract is signed it gets sent to a title company who searches title issues on the property and gets a lien search. At this time, it was made known to all persons including Ms. ******* that there was a foreclosure on the property. Like any other closing on a property that is in foreclosure the bank is paid at closing and title is cleared and the foreclosure lawsuit is dismissed. That is what happened here. Nothing was concealed from Ms. ******* at any time by Real Estate Empire Group or ******* ****** ******** In no way was there ant negligence, breach of fiduciary duty, or failure to disclose anything in breach of any Florida Statutes. 
  

  Customer response

  10/03/2024

   
  Complaint: 22248502
  
  I am rejecting this response because:

  Dear BBB Representative,

  
  I am writing to formally dispute the response provided by Real Estate Empire Group and ******* Valdes ******* in relation to the claim that I, ******* *******, had knowledge of the foreclosure on the property I purchased. The assertion that I was aware of this critical issue is entirely false and deeply troubling, particularly considering the substantial financial and emotional distress this situation has caused.
  At no point during the transaction was I informed by Ms. ******* or any other party of the ongoing foreclosure or Lis Pendens affecting the property. Had I been aware of this, I would have immediately reconsidered my decision to purchase the home. The absence of this vital information directly resulted in me unknowingly assuming a significant financial burden.
  While I understand that a typical real estate agent has certain responsibilities, it is important to note that ******* Valdes ******* graduated from law school. While I am not claiming she is legally held to a higher standard of care, her advanced education in real property transactions, as part of a juris doctorate degree, provided her with a more advanced skill set and deeper knowledge than the average real estate agent. Given her exceptional background, she should have been far more diligent in her responsibilities, particularly in researching and verifying important details about the property before encouraging me to bid an offer on the property.
  As a first-time home buyer, I relied on Ms. ********* expertise and trusted that she would act in my best interest. That expectation reasonably included her performing basic due diligence, such as researching the propertys history prior to encouraging me to enter into a contract. Real estate agents and brokerages have access to advanced tools, such as the ******************************* which provides far more detailed information about properties than the public has access to. These tools could have easily revealed the foreclosure or other legal issues. Ms. ******* had the capability and responsibility to use these tools to verify the propertys history and legal status, yet she failed to do so.
  Furthermore, I relied on Ms. *********************** and skill set to help me determine if I was entering into a good deal and to ensure that I was making an informed decision. She was my only point of contact with the sellers through our agents, and I placed my trust in her to effectively communicate and verify the accuracy of the information she provided. Unfortunately, her failure to adequately research or disclose these critical details left me in a compromised position, unaware of the true condition and legal status of the property.
  Ms. ******** failure to investigate and disclose this critical information represents a significant lapse in her duties. By neglecting to inform me of the foreclosure, I was deprived of the opportunity to make an informed decision, which has resulted in severe financial consequences.
  I respectfully request that this matter be re-examined and that my claim be reconsidered, as the harm caused by this oversight remains unresolved.
  Thank you for your time and consideration in this matter.

  
  Sincerely,

  
  ******* *******
  
  

  
  
  

*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. ↩