Coldwell Banker Residential Brokerage

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The following is a copy of complaint sent to CB, to which CB sent a short reply dismissing our complaints without addressing any of them. On April 4, 2013, we listed our house with Coldwell Banker, Office 45, in Washington DC, represented by its agents, Sylvia Bergstrom and Marin Hagen. These CB representatives failed to represent our interests adequately. No Assistance Negotiating with Buyers We had three offers. Ms. Bergstrom and Ms. Hagen studiously avoided providing us with any advice or assistance dealing with the first potential buyers, and we lost that contract - $65,000 higher than the one we eventually accepted. They were not able to tell us anything about the buyers’ concerns in order to assist us during the negotiation. They also did not vet the buyers’ agent, but did mention later they were not impressed with his professionalism. Our agents and we agreed the home inspection document the buyers’ agent obtained was exaggerated and excessive given the excellent condition of the house. Our agents should have realized when they accompanied the inspector that he would be a stickler, and then take appropriate action with the buyer’s agent to ensure the buyers interpreted the inspection report correctly and in their own interest. Instead, they were as surprised as we by the written inspection document. They did not stay in touch with the buyers’ agent while he was assisting the buyers to prepare their contingency offer. It requested numerous repairs, including significant work not even included in the inspection report, or, in lieu of that work, a price reduction of $50,000. The cost of all the repairs requested would have been less than $15K. Our agents did not offer us any advice on how to respond. Ms. Bergstrom even admitted to us later that she did not notice the $50K clause. I was forced to draft a response to the buyers myself. In it, we agreed to do most of the repairs but not all (no new roof and a warranty on an HAC system the buyers asked us to replace, even thought the inspection report did notrecommend the replacement of either.) A few days later, our agents told us the buyer’s agent had called to say the buyers would accept our offer but wanted an additional $10K price cut to $1.415K. Again, our agents had no advice to offer. I feared the bargaining would never end, and drafted a response for our agents to present repeating what we had agreed to do and saying we would not cut the price further. The buyers dropped out. Our agents should have known enough about the buyers to advise me to accept the final $10K cut, making it clear that offer was final. They should have asked the buyers’ agent whether there would be more requests to amend the contract if we accepted the $10K reduction, but they did not. The second offer the agents presented to us was for $1.3 million. This was far below what they knew we would accept, but the agents had us go to the trouble of formally replying with a counter offer, even though it should have been clear the buyer was a “bargain seeker.” It was apparent to us they had made no effort to get a read on the potential buyer. When we signed the counter offer, Ms. Bergstrom told us she would be beginning a “long dance” with the buyer, but she never heard from him again. The third offer we received – after being on the market over two months – was one for $1.35 million from another agent in CB Office 45. We eventually accepted it, but we had to endure a meeting to which the agents invited their supervisor, Mr. Hoffman to press us to sign. We had decided to accept the offer because we were worn out, and said that to all present up front. So it was irritating to have to sit and listen to Mr. Hoffman’s bromide (“The market has spoken.”) when neighbors with other brokers/agents had received significantly better offers. Coldwell Banker’s Commission I thought we had agreed when we signed the listing agreement that CB would charge us 5% commission if it was on both sides of the sale, rather than the 5.5% commission established in the listing agreement. This is what occurred when we purchased the house using the same CB brokerage in 2003. Ms. Bergstrom inserted a sentence in the listing contract I thought said that. Apparently, CB’s understanding was that the commission would be 5% only if CB agents Ms. Bergstrom and Ms. Hagen represented both the buyers and us. I think the agents should have been careful to make sure I understood the sentence they inserted in our contract the way CB did when we signed. Poor Preparation and Marketing by Coldwell Banker Throughout our relationship with the agents, we had to closely monitor them to ensure they took required actions. Ms. Hagen, especially, has the unfortunate habit of offering excuses for inaction rather than responding to requests. Our three months working with them was full of stress and irritation for us. Here are some examples why: Preparation of Property/Staging: The agents did not offer us any advice in this regard. We spent about $50,000 renovating the kitchen and bathrooms during the months of April and May. The agents offered no advice after completion of that work either. Marketing: CB failed to take positive actions to market the property well. The agents just put a notice in the MRIS, produced a very nice brochure,and hoped for offers. The only other actions taken were an ad in Georgetowner and a tea for agents. Pricing: The agents originally proposed a price of $1.495 in our April listing contract. When we completed the work necessary to go to market two months later, we had to insist the price be reduced to $1.435 million givenprices of other houses on the market. We made it clear our objective was to receive multiple offers quickly. Mystery Buyer: Just after we signed the listing agreement, our agents said there was another agent in their office with a buyer who might make an offer before we put the house in the MRIS. We got ready for his visit on the day our agents indicated, but then were informed he had gone to Florida and purchased a home there. Our agents did not carry out the due diligence to determine that the person was not a reliable prospect before presenting the possibility to us. Open House Sessions: Our agents did not arrange for a sign to be installed before the first open house took place. They did not tell us if they took any actions to help make the open house successful. They reported only one prospect came by – probably attracted by other open houses that day in our townhouse community. Ms. Bergstrom told me later “everyone knows open houses are a waste of time anyway.” A second open house was scheduled after our first contract fell through, when our agents would be at the beach. When we asked our agents Saturday, June 29, what time the substitute agent would come by to introduce herself and put up open house signs, we were told “after she finishes with other clients.” Sometime after 5pm, she came by and hung a “for sale” sign at the bottom of the series of signs already out front, but she did not put out open house signs, nor did she speak to us. Earlier that afternoon, I contacted our agents to tell them the notice on Zillow had not been revised to indicate the house was on the market again. The agents said they could do nothing about that. Back-up Offers: Despite our urging, the agents did not seek back-up offers after we agreed to our first contract, as an incentive to the buyers to proceed. Failure to Pursue Leads: An agent from CB Office 45 came to the second open house and said he might have an interested client. Our agents did not inform us about this potential buyer represented by an agent in their own office. After waiting two days, I asked our agents for an update, and they finally contacted their colleague. Midway through our listing period, I had to insist our agents follow-up with agents who brought clients for house visits, in order to find out if they were interested in making an offer, and why or why not. I, as the client, should not have to insist that agents take such rudimentary marketing steps. Temporarily Abandoning the Listing After Our First Offer Fell Through: The agents informed us when we signed the listing agreement April 2 that Ms. Bergstrom would not be working during the July 4 weekend due to family commitments. When our first contract fell through the evening of June 28, Ms. Hagen called to inform us her mother had already left town, and that she herself was leaving the next morning, meaning they both would be absent for some ten days, including two weekends, while our house went back on the market. I had called Ms. Bergstrom that afternoon to ask her to get ready to show the house Sunday, June 30, since it was looking like the first offer was about to fall through. She did not say she was leaving town that day, nor did she or her daughter make any preparations for the next open house until the first buyers dropped out that evening. Ms. Hagen began making those arrangements at 9pm Friday, June 28. She asked another agent to sit on the house the following Sunday, and told me that agent would bring by signs for the open house. Ms. Hagen left town the next morning, June 29, rather than take the time to bring the substitute agent by to meet us and agree on marketing actions tobe taken during our two agents’ absence. Originally, Ms. Hagen told me she and her mother would stay on top ofthings from the beach by cell phone. When I pushed, she agreed to have an additional agent listed on the MRIS while they were away, and to ensure another agent in the CB office would be available for customers contacting CB directly. The next day, Ms. Bergstrom called me from the beach to tell me not to expect any action on the house at the second open house or during the next ten days.

We like him quite a bit. He listened to our comments and adjusted what he showed us based on what we were saying. He has a very good knowledge of architecture and he was able to provide insights that we wouldn’t necessarily have ourselves. He went out of his way to make himself available and to accommodate us.

The experience was great, Sandy (our agent) was wonderful. She was knowledgeable about the area and knows how to negotiate a good deal.

Kathy Davidson is the best Realtor ever! As a first time home buyer my wife and I could not have found a better person to help us. She was recommended by a friend and she was wonderful. She showed us homes in the price range we wanted, and would call a dog a dog. It one case we were actually in a house with another agent who was telling his clients what a great deal the home was, and she was letting us know the real issues with the house. It was obvious that while she was interested in us buying a home, she was also interested in making sure it was the right home.

It went excellent working with them. They explained things very well during the process. They gave me good advise. This was my first time buying a house and they were more than helpful. I used Bryce.

OUR EXPERIENCE WAS THOROUGH AND SMOOTH. WE WOULD DEFINITELY USE THEM AGAIN. THEY HAD MANY RESOURCES FOR REPAIRS AND HELPED WITH MORTGAGE INFO. THEY ARE KNOWLEDGEABLE ABOUT THE MARKET.