Windemere

Paul Niehaus was the buyers real estate agent on the sale of my parents house, which I have Power of Attorney. Paul allowed the buyer to poke holes in the ceiling, instructed the inspector to poke additional holes in another ceiling and the buyer backed out. The only damage in the bedroom ceiling in question was the damage they caused by the holes. The estimate to repair the ceiling is $700 and both Paul and the broker, Mel Atkins, have refused pay for, or instruct their buyer, to pay for the damage that was caused. Mr. Atkins has even stated that he will go to court and testify that the ceiling paneling had dry rot (it did not). He says that he has a piece of the paneling in a bag that proves that the paneling was already damaged. Interesting because he supposedly took the piece of paneling before the paneling was even removed from the ceiling in question. Shame on them. Do not do business with someone who has such a high disregard for doing what is right. Was supposed to respond to our agent over a month ago at which time she sent him 13 pictures of the damage. Today he tells her that they are not responsible and asks her if she has any pictures. UPDATE: 5 days ago the broker and agent agreed to meet with our agent and us to view the damages and discuss. After the agent, Paul Niehaus admitted that the damage was done while he was as at the property with his buyer, Mel Atkins offered to pay $350 which we declined Our agent pointed out that the Purchase Agreement states that the buyer is responsible to repair any damages during inspections, Mel Atkins actually had the audacity to reprimand our agent and tell her that is not what it means. I have since received confirmation from the Grants Pass Association of Realtors that the clause means exactly that. How could Mel, with over 35 years experience, not know this?? As they left the meeting, it appeared that they were going to do the right thing as Mel Atkins said that he did not want this to escalate. Later that day, he contacted our agent asking who the check should be made payable to. We have heard absolutely nothing since that time. We have spoken to the Grant Pass Association of Realtors who have offered that I can file a complaint against the agent and broker and suggested that I file a claim in Small Claims court for not only the damage to the one bedroom but to both which would be $1,400.