Complaints

• Initial Complaint

  06/19/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  Misleading & falsified information in MLS listing. Violation of Missouri law. Non-compliance.

  Business response

  08/09/2024

  To whom it may concern, 

    

  I am writing to address the complaint filed against me concerning the sale of the property at *************************************. I would like to provide a brief history of the transaction and clarify the circumstances surrounding the complaint. 

   

  In March 2024, I entered into a listing agreement with my seller, an elderly woman in her 80s who recently moved to a nursing home after the passing of her husband. She was selling the home they purchased 21 years ago. During the preparation and sale of the property, I worked primarily with her adult children to move belongings and prepare the house for the market, as none of them had lived on the premises.   

  The home went on the market 5/31 and received three offers within four days.  The accepted offer was an "AS-IS", cash deal, with no appraisal or inspection contingencies. 

   

  The complaint centers around a statement made by my seller in March, that the windows in the home were "new."  Fortunately, her family discovered a collection of documents and receipts that *********************** had saved over the years. One was a receipt for the replacement of 24 ******** windows dated 9/1/2009. This receipt along with other historical documents was organized into a binder and placed in the home for all potential buyers to review.    

   

  • On 5/31 the buyers inquired about multiple items, including the windows, and were directed to the binder.  It was communicated, ******** verified the windows were still under warranty.  
  • The buyers had requested to visit the property on three occasions, including a return visit the evening after they submitted the offer. Claiming they couldn't locate the window receipt, I personally visited the house, took photos of the receipt in questions and sent them to the buyer's agent.

   

  The evening prior to closing 6/18, the buyers requested a $5,000 reduction in the sale price, citing the windows were not new as originally described. The sellers declined.  The buyer then asked for $2500. Again, the sellers respectfully declined as the documents provided were meant to correct any discrepancies, and these were disclosed prior to going active.  

   

  Buyers chose to close on the property and later filed a complaint with the BBB, seeking $5,000 and accusing the sellers, sellers agent and broker of being deceptive. Again this was as AS-IS sale and the documentation was provided prior to the sale and to the buyer well before closing.

   

  I respectfully request that the BBB consider the facts and circumstances detailed above. The sellers and I acted in good faith, providing comprehensive documentation to ensure transparency and address any discrepancies in the listing description. The information was made available well before the  AS-IS sale, and the buyers had ample opportunity to review it. 

    

  Thank you for your attention to this matter. 

  Business response

  08/09/2024

  To whom it may concern, 

    

  I am writing to address the complaint filed against me concerning the sale of the property at *************************************. I would like to provide a brief history of the transaction and clarify the circumstances surrounding the complaint. 

   

  In March 2024, I entered into a listing agreement with my seller, an elderly woman in her 80s who recently moved to a nursing home after the passing of her husband. She was selling the home they purchased 21 years ago. During the preparation and sale of the property, I worked primarily with her adult children to move belongings and prepare the house for the market, as none of them had lived on the premises.   

  The home went on the market 5/31 and received three offers within four days.  The accepted offer was an "AS-IS", cash deal, with no appraisal or inspection contingencies. 

   

  The complaint centers around a statement made by my seller in March, that the windows in the home were "new."  Fortunately, her family discovered a collection of documents and receipts that *********************** had saved over the years. One was a receipt for the replacement of 24 ******** windows dated 9/1/2009. This receipt along with other historical documents was organized into a binder and placed in the home for all potential buyers to review.    

   

  • On 5/31 the buyers inquired about multiple items, including the windows, and were directed to the binder.  It was communicated, ******** verified the windows were still under warranty.  
  • The buyers had requested to visit the property on three occasions, including a return visit the evening after they submitted the offer. Claiming they couldn't locate the window receipt, I personally visited the house, took photos of the receipt in questions and sent them to the buyer's agent.

   

  The evening prior to closing 6/18, the buyers requested a $5,000 reduction in the sale price, citing the windows were not new as originally described. The sellers declined.  The buyer then asked for $2500. Again, the sellers respectfully declined as the documents provided were meant to correct any discrepancies, and these were disclosed prior to going active.  

   

  Buyers chose to close on the property and later filed a complaint with the BBB, seeking $5,000 and accusing the sellers, sellers agent and broker of being deceptive. Again this was as AS-IS sale and the documentation was provided prior to the sale and to the buyer well before closing.

   

  I respectfully request that the BBB consider the facts and circumstances detailed above. The sellers and I acted in good faith, providing comprehensive documentation to ensure transparency and address any discrepancies in the listing description. The information was made available well before the  AS-IS sale, and the buyers had ample opportunity to review it. 

    

  Thank you for your attention to this matter. 

  Customer response

  08/09/2024

  Complaint: 21870403
  
  I have reviewed the business' response and am rejecting it because: we've received false documentation and documentation was never found or presented to us. False advertising. Simply just told "in the drawer" and that the listing agent was "out of town" up until exact day of closing. She couldn't be reached. That's when in good faith, asked for compensation for the windows, not once but twice. Nothing was clear nor transparent from the realtor. The house was never "sold as is". When following up with ******** we found out that there where a few windows replaced years back(out of warranty). We HAVE ZERO documentation of these ******** windows,  except for the serial numbers on the actual window. The other few windows where under a another company that is no longer in business. My family once again are asking for compensation for these windows. If we need to seek legal matters, will do so. Thank you.

  
  
  Sincerely,
  *************************

• Initial Complaint

  09/14/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  A real estate agent employed by this company failed to fully disclose information prior to this writer (i.e. customer, client, prospective buyer) entering into a sales contract for the purchase of a home. The listing originally indicated a new (one year old) roof and upon further inspection only a portion of the roof was new. In addition, a previous contract had been terminated based on inspection and the findings of this report were not made public or known to the buyer's agent. As a result, this writer paid an inspection fee of $820.00. Efforts to get these funds returned were denied. The desired resolution is full reimbursement and compensation to cover the costs of being away from work during the inspection on 9/7/2022. Lastly, a copy of the above-mentioned inspection report was provided to all parties so it is understood that details will now be fully disclosed to any future buyers. Thank you

  Business response

  09/22/2022

  We were hired to represent a seller in this transaction. 

  All information provided for this transaction was given to us or filled out on the seller's disclosure by the Seller.

  The seller per the seller's disclosure had not occupied the property since 1994. (Copy of the seller's disclosure has been provided by the complainant.)

  
  

  Per our sales contract, the buyer has a right to have an inspection and they are given three options.

  1. Take the home as is and close on the property
     

  2. Request items be repaired and see if we can come to some type of resolution.
     

  3. End the contract and earnest money returned to buyer per the sales contract.
     

  If they request to be released out of the contract before asking from items to be corrected from the building inspection the sellers have the option of not taking a copy of the inspection report.  (Please review lines 200 and 201 or the residential sales contract that is attached)  

  The seller has not read any part of any inspection notice on this property per their request. 

  
  

  Because of this notice we have requested that the seller update the sellers disclosure to reflect information received.

  
  

  If there are any further questions, please do not hesitate to contact me.  
  

  
  

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

  Customer response

  09/22/2022

  Complaint: ********
  
  I am rejecting this response because:
  
  Page 44, line 7-16 states "To seller: Your truthful disclosure of the condition of your property gives you the best protection against future charges that you violated your legal obligation to Buyer by concealing a material defect(s), lead-based paint, use as a site for methamphetamine production or storage and/or any other disclosure required by law. Your knowledge of the property prior to your ownership may be relevant . In the case of a material defect, for example, if information that you possess indicates some persistent pattern of a problem not completely remedied, such information should be included in this disclosure in order to achieve full and honest disclosure. Your answers or the answers you fail to provide, either way, may have legal consequences even after the closing of the sale. This questionnaire should help you met your disclosure obligation, but it may not cover all aspects of your property. If you know of or suspect some condition which would substantially lower the value of the property, impair the health or safety of future occupants, or otherwise affect Buyer's decision to buy your property, then use the space at the end of this form to describe that condition."
  
  Based on the inspection report (completed on 9/7/22), several safety concerns were identified. As of 9/14/22, the value of the home was reduced by $21,000 **************************************************************************************. Request to reimburse inspection costs totaling $820 is reinstated, plus $550 to compensate for inconvenience and wrongdoing.
  
  
  
  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. ↩