I let my ex-spouse pick the realtor who she had worked for some years earlier and who had sold her house when we got married 3 years ago. We agreed with the realtor to list at $259k (appraisal was $264k) Two weeks on the market we got our first offer ($222k). We counter-offered a small reduction ($256k). The buyer came up a small amount ($235k) Our Realtor made a suggestion on e-mail? ?we would like to share a suggestion with you. Instead of flatly rejecting this offer or continuing to go back and forth, a strategy we would like for you to consider is to give us permission to go back to this buyer?s agent and say if you can bring us an offer of $250,000 we?ll move forward ratifying this contract.? We had secretly revealed to our realtor that $250k was our ?bottom line? Three minutes later came my ex-spouse?s reply? ?I agree with this strategy. It?s worth a shot.? I flatly rejected the strategy. We had only been on the market for 12 days and it was our first offer. My ex-spouse admitted, ?Dave, stop blaming Kevin for the $250 offer. This came about after discussion between Kevin and me?? There's the evidence of "Private meetings." Three months later, my wife informed me that she was being laid off from work. She sent me nasty e-mails. And, she filed a legal suit Civil Court Summons, for my turning down the earlier offer. She told me that she hired the lawyer on the advice of our realtors. The next day we got an offer with a "24 hour deadline" attached... I went to the realtor and said, "I do not like to see my ex-spouse in such pain, I will sign the contract that you write up." My wife and the realtor came up with an offer for $245k, and $7k towards closing, and we then sold the house at $238k. But, from the day that I signed the contract until the house was sold, the realtor left me out of any detail that did not require my signature. My complaint is NOT about the price of the sale. It is about the way that the realtor treated me. I was in compiance with EVERYTHING done. I expected to be involved in all the services that I was paying for. But, by meeting with my wife in private, they sought to exclude me. Even worse, they did not give me a complimentary call when the final step was completed. That is spiteful, vindictive, and unacceptable. I cannot imagine anyone who would not get a call when the "Loan commitment by lender" was received. After giving the realtor the entire day, and worrying throughout, I HAD TO CONTACT HIM. I e-mailed, "Did it go through? When did it go through, and Why did you not call me?" Instead of answering, at 10 am, the next day, I finally got a "list of things to do" where one item was "The final loan commitment came through - big sigh of relief there." The realtors were plying my ex against me, and were thin skinned b/c I didn't accept the first offer, 12 days on the market. I should not have to pay full price for less than full service.
Description of Work: I have complained to the Better Business Bureau, and to the Dept. of Professional and Occupational Regulations. The Realtor uses the argument that "this case is in court" but it has been completely dismissed (5/18/09) - see http://wasdmz2.courts.state.va.us/CJISWeb/circuit.html - choose Albemarle cty, choose Civil, and type in Carmines - 1 old divorce Deposed (10 yrs ago), 1 dismissed (Complaint filed by 2nd wife, under advice of this realtor), and 1 active (2nd divorce, actually completed 6/30/09, but not listed as Deposed yet). I had a face-to-face, letter, and finally, e-mail to Bill May regarding this issue (addressed 3 times). He states that his realtors did not do anything illegal. I state that they did not comply with their FIDUCIARY RESPONSIBILITY TO THEIR CLIENT. RESOLUTION - I HAVE ASKED THAT THEY REFUND $500 OF THE $3,700 THAT I PAID THEM - 1/7TH OF THE FEE. THEY REFUSE TO RESOLVE THIS ISSUE IN A "GOOD FAITH MANNER." Alternatively, I would be happy to have them listed for this complaint to warn future clients. My ultimate compaint is that, for the final step of completing the sale of our house, I was asked to sign-off on two extensions - "Full Loan Commitment of Lender" - I did this on 4/14/09, and then on 4/17/09, with the final date of completion on 4/21/09. Then, on 4/21/09, they did not inform me that the Loan Commitment had passed. I was left for the night worrying - "Do I need to adjust my finances to cover additional mortgage payments?" and "Do I need to prepare to go back on the market?" and "What happened???" The realtors had my home, work, and cell phone numbers, each with answering machines, and my e-mail. There can be no justification for this oversight. I cannot imagine anyone accepting this pain and anguish. Also, along the way, the realtor went from "Openly involving me in the selling process," to "only involving me in anything that needed to be signed." They swerved over to dealing only with my ex-spouse, who was easy to manipulate. However, the copy of our contract that I have clearly states, "David AND Ruth" not "David OR Ruth." I also have unrefutable evidence that they had "private communications with my ex" addressing the issue of "persuading David to lower the price." However, I was in full compliance with every detail that was requested of me, AND, I never resorted to name calling, expletives, or any other form of anger. Respectfully submitted, David V. Carmines 434-975-2348
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ERA Bill May Realty Co is currently rated 1 overall out of 5.
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