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Complaint Details
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Initial Complaint
04/02/2024
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
February 27, 2024 ********************** Century 21 realtor *********************** signed a 2-year contract with an ****************************************************************************************************** consent of his power of attorney. **************** was aware that this gentleman had a power of attorney and had the information needed to contact me, the **** as he had done so in the past. February 28 I became aware of the contract and went to the ********************** Century 21 Office and asked to speak to whoever was in charge. I informed them of my displeasure of ******************** unethical behavior. They were informed that I was the *** and that the contract was not valid, the listing needed to be taken down and the sign which was now laying on the ground needed to be removed from the property. March 4 the sign had been placed back upright on the property, so I returned to the office to verbally cancel the contract again.March 5 ***** **********************, owner and managing broker, called me and was unsympathetic with my concerns. His tone was very nonprofessional and verbally combative. He stated, " My lawyers will take you and that *** chew you up and spit you out. It doesn't mean ****."March 6 I meet with the director of the Assisted Living Facility to address my concerns. The director called **************** to advocate for the resident under her care. Please read her attached note from that day. March 8 a written letter (see attachment) was hand delivered to the office and a certified copy was delivered on March 11.March *********************************** the *** and the sign was still on the property. The office was contacted for an explanation and resolution. ********************* stated only Mr. ********************** was allowed to discuss this case. He was currently on vacation and that he could only be contacted by email and she would send him the information. She confirmed that he had not been on vacation the 2 weeks since the certified letter was received. There's been no reply.Business response
04/12/2024
This property is in fact listed with ***** and *********************** representing our company (Century 21 Bradley) as listing agents. They are communicating and dealing directly with the owner of the property, Mr. ***************************. The owner of the property is happy with our company and with the ******* services and has legally signed the listing and extensions to keep his property on the market with our company. He Wants the listing to remain with us.
************ has a POA , however, there are many types of POAs,and his POA has nothing to do with the sale of Mr. ********** assets. Mr. ********** is legally, making the decision to ************* his home and he does not want the listing released. ************ has disrupted our staff to the point that they felt threatened. ************ has been put on notice that he may not come into our office or speak with our staff as he has no legal authority to communicate with us regarding Mr. ********** property. I have attached the signed legal amendment to extend the listing expiration date.Thank you.
Customer response
04/12/2024
I am rejecting this response because:
You have received at notarized letter from ****************** himself requesting to cancel all terms, conditions, and amendments associated with the property. Please see *********. You have received a letter from the director of his assisted living facility stating his wishes. Please see Exhibit D.
On March 20, 2024 after not receiving a response from his notarized letter **** called *********************** on the telephone and stated he "No longer wanted their services".
In regards to the ***** of ******** document Century 21 has never viewed it or even asked to ******* so you can not claim to know what it contains.
I am very disappointed with Bradley Century 21's handling of this situation. *********************** has been unable to sell the property for 10 years. It is time for a change.
Business response
04/19/2024
It is our policy to not release a contract, however, we are willing to assign listings to a different agent or our broker to take over the file. We have offered this. This is not a typical listing, it is a difficult commercial listing, and it does take time. It is my understanding that they are also working on an offer. I will keep you updated. I hope to have a more detailed response on Monday. *********************** has also spoke to her attorney.
Thank you
Initial Complaint
10/28/2022
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
Me and my wife recently sold our home at ********************************************************* on August 26th, 2022.On September 3rd, 2022, we received a notice from ********************************* stating that from August 8th, 2022, to August 22nd, 2022, that our water had been left running or that there was a leak. Which upon speaking to the water department they stated that seeing that there was no community water leak and that the water meter was working properly, the unusual water usage could have been caused from running water facilities in the home. Which we had a ADT system in our home showing someone being in the home on August 8, 2022 the day of the spike and August 22nd, 2022 the day the spike ceased On September 14th, 2022, we received a Final Bill from ************** ********************** in the amount of $970.39. The final bill/data log was a surprise to us because we moved out of our home on June 30th, 2022 to *********, ** and our home went under contract on July 1st, 2022. We had no showing/viewing of our home, no report of a water leak/water damage to the home, no broken meter. The only person who had access to our home was our realtor which upon receiving the above statements we contacted multiply times throughout this process.Due to limited space the statement above is a brief description but the rest of the story is in the supporting documents. To sum things up we are requesting a refund/compensation for the water bill in the amount of $970.39 due to negligence on our realtors behave. We should not have to be held responsible for a bill that we played not parts in especially seeing that we nor anybody else was occupying the home.Business response
10/28/2022
Our agent and company were hired to list and sell this home, which we did. We are not responsible for any homeowners utility bills. We did not live in this home, nor do we own. it. Our agent went above and beyond to try to help figure out a cause of this bill by going to the water department twice. This is what he was told:
"I stopped in to the water department at the city of Huntington today, 3 PM and had a conversation with the department. They informed me that there was nothing they would be willing to do in regards to an adjustment or correction.
She told me that the current people living in the home have a bill of about $200, I asked her about making an adjustment if the meter was malfunctioning and she told me that there is a process to make a billing adjustment. However, **** had a dispute over water usage and their billing in March ************************************** his water bill at that time. She told me that they only allow one adjustment per calendar.. She did say that the only alternative they have at this point, since the adjustment was denied by the board of directors, that he would need to reach out to the mayors office *************************** his phone number is ***************************. His admin person is ***** and she is at extension 2000."To my knowledge, they did not reach out to the mayors office, instead they keep filing complaints against us.
This is not the homeowners first time with a high water bill that they disputed as pointed out by the water department, therefore, the water department denied their claim, so how are we responsible?
One thought I had when I spoke with them was maybe a neighbor used an outside spigot to water the lawn, or maybe there was a leak somewhere, but again, how is this our responsibility? Our agent agreed to stop by home to be sure it was locked up and secure. He did this. We listed and sold the home as we were hired to do.
Customer response
10/28/2022
I am rejecting this response because:
The adjustment me had earlier this year in March had nothing to do with the what happened in August regarding the water bill. The adjustment in March was due to the springer system that busted from freezing outside and was shut off from the inside which immediately fixed the problem. Once again the realtor continues to disregard the *** system in the home that showed someone being in the home on both August 8th 2022 and August 22nd 2022 the start/stop of the leak corresponds with the entry of our home on those days. Also the information about the next steps after the board denied us was not told to us by the board nor by the realtor company, this is our first time hearing of this information seeing that ***** the Human Resource officer from the Bradley office did not reach back out to us and help us after she stated that she would. How would we be able to reach out to someone that we never received information about. The lack of communication on our realtor and the Bradley office has been very poor throughout the process of us selling our home, at one point and time we had to reach out to our **** realtor to ask him for updates on the home seeing that we were not hearing anything. Also the new homeowners water bill has nothing to do with our water usage and $200 is still way less than $970.39. Once again we were in the *********************** at the time of this incident and no reported water damage to the home or leaks in the neighborhood. Also we do not believe that a neighbor would have stolen our water or used it for any reason. The water department once again stated that the water usage could have been from a toilet or faucet left running which continues to be denied as well. Finding someone to purchase our home is the responsibility of a realtor so there was no true above and beyond and the parts of the home that you did help us out with were paid back to you in full even though we never received a receipt for the transaction amount but trusted you on how much you said everything cost.
Business response
11/02/2022
Attached, please find the signed listing contract. On page 5 of 6, Section J, #2:
Seller acknowledges broker is not an insurer of seller's real estate and personal property and waives claims against Broker an Broker's authorized persons for loss and/or damage. Seller further agrees to indemnify and hold harmless Broker and all authorized persons from claims by third parties from all loss and/or damage.
On page 6 of 6, #6:
Broker is not and shall not be charged with the responsibility for the custody, management, care, maintenance, protection or repair of the property nor for the protection or custody of any personal property located thereon, unless provided for in another written agreement.
Seller states that "they do not believe a neighbor would have stolen our water or used it for any reason", however, it cannot be disproven either, it is their belief, not fact, just as it is only their belief that our brokerage is at fault. The home was listed and sold with showings, walk throughs, inspections, radon pick up and appraisers having access. As per the signed listing contract, a seller cannot hold the Broker responsible for this.
Customer response
11/08/2022
I am rejecting this response because: We were sent this same statement/document separately from *************************** at the Century 21 Bradley office after they initially tried to say that they were not in the home from July 26th after the first inspection until August 26th when the home sold. Which was not the the truth because we had to get an re-inspection on the home due to the inspector requesting that we add a handrail to the home and replace/clean the garage shingles. Although we were never given the data logs that we requested multiple times from ****** and **** about who was in the home on certain days, from our messages prior to the home selling we could tell that the inspector and **** was back at the home on August 8th for the re-inspection. **** told us on August 8th 2022 at 10:45am that he was still waiting on someone to come out for a re- inspection by August 9th 2022 at 8:10pm **** informed us he was waiting on the results of the re-inspection. Which meant in between those times the inspector had to come back out to the home which coincides with the original pictures of the *** motion alert on August 8th 2022 that we sent at the start of this complaint. Once again the only person who access to the home was **** so when the re-inspection was done if the only thing the inspector needed to see was the handrail and garage shingles outside then there was no need for the inspector to re-enter the home, which meant **** had to be the one who was in the home doing his check *** on the home as he as already stated before. This company has found every reason possible not to take responsibility for their actions when given statements and photos of proof to show everything that was said or done during that time. If you look at the new photos attached to this document you will see the previous conversation that was had via email and by messages. Also the **** continues to try and say that our home was sold with viewing/showing but this also is not the truth because our home was placed on the market on June 30th 2022 and went under contract July 1st 2022 and we had nobody living or residing in the home during this time period. There was no need for any outside traffic except for those needed to get the home sold.Initial Complaint
06/16/2022
- Complaint Type:
- Billing Issues
- Status:
- Answered
December 2021 my condo was sold to me under what I am claiming as appraisal fraud. When I bought I was given an appraisal with 1955 sq ft as when I sold it’s an actual 1542 sq ft. I believe the difference was to increase the agents commission. I also informed the agent of the mold problem of which I was told was not mold and the inspection report uses the word antimicrobial in every inspection. The comps were pulled from areas away from the condo to raise price as there were condos in that same area sold. I was not informed of the 50.00 mo increase in HOA fees as well. I was told I was in a bidding war but was not provided with any documentation backing this up. I believe the appraiser and realtor should share my **** dollar loss in resale of 6moBusiness response
06/27/2022
First, as an agent in the transaction, we do not see or get a copy of the appraisal. The lender orders it and simply notifies agents as to if it appraised for value or not. ***** was notified that it did not appraise and therefore the $1,000 appraisal gap came in to play and this dropped the original sale price to the final price. Here is what was agreed to in the purchase agreement:
4) IN THE EVENT THE HOME DOES NOT APPRAISE FOR THE ORIGINAL PURCHASE PRICE THE ***** AGREES TO PAY $1,000.00 OVER THE APPRAISAL AMOUNT NOT TO EXCEED THE PURCHASE PRICE. Again, ***** never saw the appraisal so she would not have known what square footage was used. We believe that ***** does have a valid complaint with the appraiser/lender and should contact her lender to begin this process. Note, the lender sent ****** the appraisal to view and sign off on before they would give a clear to close. ****** did receive the appraisal, we did not, and she signed acceptance of it for the lender.
Regarding the inspection and mold. As per the Purchase Agreement:
3) ***** WOULD LIKE TO DO A HOME INSPECTION FOR INFORMATIONAL PURPOSES ONLY AND WILL NOT ASK FOR ANY REPAIRS. That being said, the inspection report mentioned under the summary of Major Deficiencies some concerns about the electrical. On behalf of the buyer, ***** shared the safety concerns to the listing agent and was able to get the seller to agree to make those repairs. The summary page of Major Deficiencies does not mention mold, nor did the buyer ask ***** to discuss this with the seller, only the electrical. NOTE; Nowhere in the report is mold mentioned. Page 16 of 34 mentions signs of microbial growth most likely caused by poor ventilation and goes on to say no testing was completed to determine if a health risk. This was never discussed with *****. If it was, ***** would have spoken to listing agent about this along with the electrical. She was looking out for her buyers best interest as her getting the seller to repair the electrical is proof of this.
Regarding wrong comps used. Again, this is an issue to be addressed with the lender/appraiser. We dont pull comps for the appraiser.
Regarding the $50 increase in HOA fees. Again, when the property was bought and closed, it was closed with the current amount. ***** is not in control of increased dues, taxes or fees. This is out of her control.
The documentation regarding the bidding war was received and given verbally, but the seller had to send us a counter to that effect. The buyer did not have to sign the counter but did so, finalizing the agreement.
***** connected with the buyer after receiving a Realtor.com lead. At the time of the call, she told ***** she wanted to write an offer immediately on this condo. ***** explained she really should view it before doing so to protect her knowing that she had until the next day to get an offer in. Again, ***** was looking out for her. ****** told ***** that she had to get this condo as she did not currently have a place to stay. ***** explained that due to our market conditions (seller market) and competing offers that there are a few ways to make her offer stand out. She explained the escalation clause, appraisal gap and waiving an inspection were some of the ways that buyers are using. All was explained and it was her choice as to what she wanted to do.
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Contact Information
2928 E Dupont Rd
Fort Wayne, IN 46825-1667
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Get a QuoteCustomer Complaints Summary
3 total complaints in the last 3 years.
1 complaints closed in the last 12 months.