CENTURY 21

FAILURE TO KEEP ADEQUATE RECORDS OF ALL PROPERTY TRANSACTIONS (also to obtain necessary documents and provide them to buyer) We made an offer for the property on July 9th with Addendum #1 attached to it. Mary Walker signed it and sent back a counter-offer attached to it on July 11th. Between July 12th when we signed the Walker’s counter-offer (#1) and August 3rd when the title of the house closed, no other addendums or paperwork signed by the Walkers were ever sent to us by our agent, Jackie D’Andrea. This includes inspection and contingency release addendum #1, dated July 26th; addendum #1 dated July 31st (i.e., buyer’s request to extend closing); and the homeowner’s disclosure statement, which we have never received. Please note that on attached document RE-11 Addendum #2, dated July 31, 2007, it was not signed by either us or the Walkers until August 3rd when title closed. This addendum is the Walker’s response to our inspection contingency release addendum (#1). Additionally, on the real estate purchase and sales agreement dated July 9, 2007 on page 3 paragraph 9 entitled “Inspection” it states, “Buyer shall, within 20 business days of acceptance, complete these inspections and give Seller written notice of disapproved items.” Furthermore, it goes on to state under #2 of that section, “Seller shall have 5 business days in which to respond in writing” to the notice of disapproved items sent to them by the Buyer. Then under section #3 of that same page, it states that the Buyer shall then have an additional 5 business days to respond to the Seller’s previous response. When you consider all of these strict time periods spelled out in the contract, Jackie D’Andrea and/or a representative from her office who would be following up in her absence, should have known that the above mentioned dates for responding would move the actual closing date of the contract at least 7 business days beyond July 31st. Jackie D’Andrea not only picked out the house inspector, but also set the inspection date for July 24th. Even if she were to claim that we picked the inspection date as being July 24th, she should have realized at that point that under the terms of the contract, this date would not allow the Seller to adequately respond to the deficiencies found in the house by the closing date, nor for the Buyer to counter respond to the Seller’s proposals. She did nothing to alleviate this problem, except to tell us by phone on July 31st while driving to Boise, that the Seller was unwilling to fix any of the problems. This statement by her was totally false as the Seller’s agent, Robert Lind, later informed us (on August 2nd) that some of the items had already been fixed. It was he who provided us (on August 3rd) with a signed copy of the Seller’s response to our inspection contingency release addendum #1, dated July 26th. Jackie D’Andrea also told us by phone, on or about July 31st, while we were already driving to Boise, that the Seller would not extend the closing date to August 3, 2007 as requested in our addendum #1, dated July 31st. However, to this date, she has not provided us with any hard copy of this denial signed by the Walkers. Despite the fact that we have repeatedly requested of Jackie D’Andrea between July 9th and July 31st, the disclosure documents from the Seller on the property in question, we have not seen those documents. It is our understanding that she requested them from Robert Lind. He informed us that he obtained them and faxed them to Ms. D’Andrea. Mr. Lind states that Ms. D’Andrea told him that she never received these papers. We believe it was still Ms. D’Andrea’s responsibility to pursue their acquisition. She has done nothing other than to request them on only one occasion from Mr. Lind. As far as we know, no one from Ms. D’Andrea’s office, Century 21 1st Place Realty, has made any attempt to secure these documents. Mr. Lind is the only person who has said that he would get them to us. Although we knew that there was an "Association" in the neighborhood (by reading the spec sheet - not mentioned by our agent), we were not given a copy of the CC&R's until AFTER (July 24th) we made an offer for the house (July 7th). The CC&R's are so restrictive that, had we known specifically what was in them, we never would have made an offer. By the time we received the CC&R’s, our house in California was already sold and we had no other home in which to move. We were initially told by our agent, Jackie D’Andrea, that she would be going out of town on August 3. When we called her the morning of August 2nd, she said, "Don't you remember I said I'd be leaving town today?" She had not, AND SHE DIDN'T THEN, OFFER US ANYONE ELSE'S NAME OR PHONE NUMBER IN CASE WE HAD PROBLEMS. When we left messages on her voicemail on August 2nd and 3rd, there was no message referring people to her backup, Tom Buys, or Karen Pestka. When we called again on Saturday, August 4th, that message had been revised. We had not heard of Karen Pestka until she called us on August 2 (despite her claims of speaking with us on July 30th) after we spoke with Ms. Gina Ortiz. We were told that Ms. D’Andrea neglected to notify her office that she would be out of town, according to Ms. Gina Ortiz – Relocation Director for Century 21 Champion, and Ms. Karen Pestka – Relocation Director for the Century 21 1st Place Realty, Boise, Idaho office. In fact, due to this negligence on the part of Ms. D’Andrea, Ms. Ortiz stated that she has removed Ms. D’Andrea from the relocation team. We called Ms. D’Andrea, Mr. Robert Lind (of House2House) and Mr. Glen Bennett (of Pioneer Title) every couple of hours to let them know where we were on every step of our trip to Boise. CONDUCT WHICH CONSTITUTES DISHONEST OR DISHONORABLE DEALINGS: (Note: All quotes from Ms. Pestka are printed here verbatim. The misspellings and poor grammar are hers alone.) We spoke with Jackie D'Andrea on August 2nd, in the morning, regarding the state of the downstairs (handicapped) shower. This was one of the items noted in addendum #2, "Items to Be Repaired Prior to Purchase." We were told by her at that time, "There is a rubber lip on the bottom of the shower. It's a little yellow, due to the heat we've been having recently, but it's there and will keep the water from coming out on the floor." THERE IS NOTHING THERE. The Seller's agent, Robert Lind (House2House), said the builder said it was built to code, yet water still runs out the back of the shower and onto the floor behind the toilet. Ms. Pestka states, “Handicap shower. Jackie told the Bellews no repairs were signed and agreed upon by the seller and she stated when they arrived they could maybe put a rubber lip on the bottom of the door.” As shown above, this is also a lie. Some repairs were done, and Ms. D’Andrea TOLD US there was already a rubber lip at the bottom of the shower. On the day we arrived (August 2nd), the Seller's agent, Robert Lind, told us we were responsible to pay $600.00 in loan fees that the Seller had due to the fact that we didn't close escrow on July 31st. Nobody from Century 21 informed us of this detail. When Jackie D'Andrea first prepared a statement of estimated closing costs on July 20th, it was completely inaccurate, showing a purchase price of $100,000.00, not $554,000.00. When we received a corrected version on July 30th, it had been prepared by Pioneer Title, not Century 21, and nowhere does it list the Seller's loan fees. Ms. Pestka states in her defense, “Glenn with Pioneer title had explained the addendum with the $600 charge for the sellers interest due to the Bellew's financing not closing on time and Terry denies being made aware of this issue. The title company is the one who prepares closing statements per the contract and lender instruction, Century 21 1st Place Realty does this as an estimate for the buyers to be prepared with approximate proceeds needed by wire or certified funds at closing.” We first heard of this $600.00 interest payment from Mr. Robert Lind on the day we arrived, August 2nd. In fact, the paperwork from Pioneer Title had to be re-done because there was no amount written in regarding this payment. Absolutely no one from Century 21 1st Place Realty even explained to us prior to August 2nd that if we did not close on July 31st we would owe additional interest to the Seller on their loan. Ms. Pestka states in her response to our complaint regarding Item 2 "Upon Acceptance Jackie did have her schedule open to meet when the original closing was to take place on July 31st but the lender the Bellew's chose was unable to perform. Which on July 30th Karen Pestka called Terry to see if Century 21 Mortgage would be able to assist him in closing on their home since he original lender fell through.” We didn’t meet Ms. Pestka until August 3. We had absolutely no contact with her until then. Her statement regarding calling on us on July 30 is an outright lie. Despite the fact that we had already informed Ms. D’Andrea on numerous occasions that if our loan fell through, we would pay for the house in full on our own, she never informed the Seller’s agent, Robert Lind, of this. We informed Mr. Lind ourselves of this fact on July 31st while on our way to Boise. He will verify all of these facts. Upon our arrival in Boise, Mr. Lind met us and verified that we had a cashier’s check for the full purchase price of the home which we then provided to the title company on August 3rd. Century 21 1st Place Realty was not involved in any of these transactions between Seller and Buyer from August 2nd to the present time, nor did they make any effort to be involved. Ms. Pestka also states, “As per Idaho contract it states the seller shall provide the sellers property disclosure form to the buyer. Jackie (Ms. D’Andrea) did represent the Bellews as a buyers agent.” This statement in no way explains why