C & B Realty ripoff Allowed Tenant to Vacate with Owner's Property After Tenant Committed Over a $1000 Worth of Damage San Antonio Texas
Built and moved into a brand new house in 2001 and lived in it until June of 2003. I received military orders relocating me to another state. Hired C & B Realty to manage property at a rate of 10% of rent per month.
Tenant moved in. Tenant stayed until June of 2006. Below you will read three things that took place during the tenant's three year stay.
1. What the original status of the property was.
2. What the tenant did or didn't do.
3. What C & B Realty did or didn't do.
1. We had ordered and laid $3000 worth of grass in the backyard alone and the builder laid sod in the front.
2. (Tenant) Both the front and back yard were contained weeds, bare spots, and trash. Tenant neglected to care for the lawn, therefore, all the grass died. Tenant also had an item in the yard which left a dirt spot the sixe of a small automobile.
3. (C & B) Withheld $100 of tenants $1300 security deposit for grass seeds.
1. Fencing around the property was built when house was built.
2. (Tenant) left board of the fence laying on the ground in backyard.
3. (C & B) Told owner tenant said neighbor's dog jumped on fence and board fell. C & B said, ok, no charge.
1. Kitchen cabinets came new with property.
2. (Tenant) Allowed pet to chew bottom of cabinet and cabinet doors.
3. (C & B) Considered the dog-chewed cabinets...get this... fair wear and tear. C & B said, ok, no charge.
1. Bathrooms cleaned with rest of house before turning property over to tenant.
2. (Tenant) Didn't clean bathroom and left urine on the floor behind the toilet.
3. (C & B) said, ok, no charge.
1. New blinds installed throughout entire house same week house was finished and owner's moved in.
2. (Tenant) managed to destroy some of the panels in the blinds.
3. (C & B) yep, you guessed it, C & B said, ok, no charge.
Here's what I believe happened. Once C & B was notified that the tenant was moving out they automatically assumed they were going to market the property, however, I hired a realtor and notified C & B that my realtor would market the property. C & B allowed the tenant to leave with $1200 of her $1300 security deposit. They then called me (because I was out of state and would not see the property for a while) and told me the property was in great condition with the exception of a few stains in the carpet, everything else was fair wear and tear and they kept $100 for grass seeds.
Well, my realtor went by the property, took pictures and sent them to me on a CD. To make a long story short. We have had to hire a company to come in and restore the cabinets. I told the owner of the company that C & B considered the damage to the cabinets fair wear and tear and he told me it looked as though a dog had been chewing on the cabinets and doors. He had no prior knowledge of a pet being in the house. I have spent $3500 so far, with additional funds to be spent once the cabinets are delivered. We had to offer a landscaping allowance of $1000 for the yard.
C & B is not taking responsibility, but I'll tell you what they did take. They took 10% of the rent every month for three years. They took the tenants side even though they were supposed to be working for me.
They took their time when I requested comps from them over a year ago.
I sent them a letter letting them know that they can use me as a referral. Why would I do that, you may ask? So when potential customers call me I can tell them to run from C & B as fast as they can. We have to get smart. If I say they can't use me as a referral, no one will ever ask what I think about them and someone else will get shafted like I did. However, if I get just one call, that will be one more person who knows what they are about.
Brent
San Antonio, Texas
U.S.A.
10 Updates & Rebuttals
Valerie Murry Smedley - DISBARRED
#11Author of original report
Thu, June 15, 2017
On June 20, 2012, Valerie Smedley appeared before the Honorable Wallace Capel, Jr., United States Magistrate Judge, as counsel for a defendant in a pretrial conference. The Magistrate Judge, having been informed that Ms. Smedley had been suspended from the practice of law by the Alabama State Bar ("ASB"), invited Ms. Smedley into chambers to inquire why she was attempting to appear on behalf of her client while suspended. Ms. Smedley informed the Magistrate Judge that she was unaware of the suspension and had not been provided notice of such from the ASB. The court contacted the ASB and was informed that Ms. Smedley had been provided notice of the suspension, thus, it appeared to the court that Ms. Smedley attempted knowingly to practice law while suspended, and misrepresented to the court her knowledge of her suspension.
On June 27, 2012, Chief Judge Watkins entered a show cause order (Ex. A attached) why Ms. Smedley should not be removed from the roll of attorneys admitted to practice in this District, and otherwise sanctioned for her conduct, under M. D. Ala. LR 83.1. Ms. Smedley responded on July 9, 2012, in part; "I honestly did not have knowledge of the time period of my suspension." (Ex. B attached).
On August 17, 2012. the Court received information from the ASB establishing the following facts with regard to the suspension of Ms. Smedley:
(1) Ms. Smedley entered into and signed a Conditional Guilty Plea with the Disciplinary Commission of the Alabama State Bar (Disciplinary Commission") on April 29, 2012. Paragraph nine of that Plea states: 'The effective date of the suspension shall be June 1, 2012." (Ex. C attached).
(2) The Disciplinary Commission granted the Conditional Guilty Plea by order dated May 22, 2012. (Ex. D attached).
(3) On June 15, 2012. the Supreme Court of Alabama entered an order suspending Ms. Smedley from the practice of law for a period of 91 days, effective as of June 1, 2012." (Ex. E attached).
Upon consideration of all the facts and circumstances, including the response of Ms. Smedley. the Court finds that Ms. Smedley is charged with knowledge of her ASB suspension date of June 1. 2012, and that she attempted to practice in this District before the Hon. Wallace Capel, Jr., on June 20, 2012, while she was suspended from the practice of law in Alabama.
Local Rule 83. 1(g) sets standards for professional conduct; adherence to the Alabama Rules of Professional Conduct is one such standard. Attorney misconduct, whether or not occurring in the course of an attorney/client relationship. may be disciplined by disbarment, suspension, reprimand, monetary sanction, removal from the Court's roster of attorneys eligible for practice before this Court, or such other sanctions as the Court may deem appropriate." Id. Further, under subsection (h)-Discipline", 'The Court may, in its discretion, dispose of the matter through the use of its inherent, statutory, or other powers; refer the matter to an appropriate state bar agency for investigation and disposition, refer the matter to the local grievance committee as hereinafter defined; or take any other action the Court deems appropriate. These procedures are not mutually exclusive."
Pursuant to Rule 83.1(g) and the Court's inherent authority to discipline attorneys who are members of its bar, attorney Valerie Murry Smedley is hereby DISBARRED from the Bar of the Middle District of Alabama. The Clerk of the Court is DIRECTED to so note on the record of the Court; to send a certified copy of this Order to attorney Valerie Murry Smedley by Certified Mail, Return Receipt Requested and by regular mail; to send a certified copy to J. Anthony McLain, Esq., General Counsel to the Alabama State Bar, by regular mail, First Class, and to send a certified copy to James P. Gerstenlauer, Circuit Executive, Eleventh Circuit Court of Appeals, by regular mail, First Class.
Ms. Smedley shall have 14 days from the date of this Order to request a formal hearing on this matter. Any such request shall state with specificity the grounds upon which the request is made. If no request is made, this Order will become final on the I 5th day from the date hereof.
Brent
Millbrook,Alabama,
Valerie Murry Smedley DISBARRED
#11Author of original report
Fri, January 17, 2014
On June 20, 2012, Valerie Smedley appeared before the Honorable Wallace Capel, Jr., United States Magistrate Judge, as counsel for a defendant in a pretrial conference. The Magistrate Judge, having been informed that Ms. Smedley had been suspended from the practice of law by the Alabama State Bar ("ASB"), invited Ms. Smedley into chambers to inquire why she was attempting to appear on behalf of her client while suspended. Ms. Smedley informed the Magistrate Judge that she was unaware of the suspension and had not been provided notice of such from the ASB. The court contacted the ASB and was informed that Ms. Smedley had been provided notice of the suspension, thus, it appeared to the court that Ms. Smedley attempted knowingly to practice law while suspended, and misrepresented to the court her knowledge of her suspension.
On June 27, 2012, Chief Judge Watkins entered a show cause order (Ex. A attached) why Ms. Smedley should not be removed from the roll of attorneys admitted to practice in this District, and otherwise sanctioned for her conduct, under M. D. Ala. LR 83.1. Ms. Smedley responded on July 9, 2012, in part; "I honestly did not have knowledge of the time period of my suspension." (Ex. B attached).
On August 17, 2012. the Court received information from the ASB establishing the following facts with regard to the suspension of Ms. Smedley:
(1) Ms. Smedley entered into and signed a Conditional Guilty Plea with the Disciplinary Commission of the Alabama State Bar (Disciplinary Commission") on April 29, 2012. Paragraph nine of that Plea states: 'The effective date of the suspension shall be June 1, 2012." (Ex. C attached).
(2) The Disciplinary Commission granted the Conditional Guilty Plea by order dated May 22, 2012. (Ex. D attached).
(3) On June 15, 2012. the Supreme Court of Alabama entered an order suspending Ms. Smedley from the practice of law for a period of 91 days, effective as of June 1, 2012." (Ex. E attached).
Upon consideration of all the facts and circumstances, including the response of Ms. Smedley. the Court finds that Ms. Smedley is charged with knowledge of her ASB suspension date of June 1. 2012, and that she attempted to practice in this District before the Hon. Wallace Capel, Jr., on June 20, 2012, while she was suspended from the practice of law in Alabama.
Local Rule 83. 1(g) sets standards for professional conduct; adherence to the Alabama Rules of Professional Conduct is one such standard. Attorney misconduct, whether or not occurring in the course of an attorney/client relationship. may be disciplined by disbarment, suspension, reprimand, monetary sanction, removal from the Court's roster of attorneys eligible for practice before this Court, or such other sanctions as the Court may deem appropriate." Id. Further, under subsection (h)-Discipline", 'The Court may, in its discretion, dispose of the matter through the use of its inherent, statutory, or other powers; refer the matter to an appropriate state bar agency for investigation and disposition, refer the matter to the local grievance committee as hereinafter defined; or take any other action the Court deems appropriate. These procedures are not mutually exclusive."
Pursuant to Rule 83.1(g) and the Court's inherent authority to discipline attorneys who are members of its bar, attorney Valerie Murry Smedley is hereby DISBARRED from the Bar of the Middle District of Alabama. The Clerk of the Court is DIRECTED to so note on the record of the Court; to send a certified copy of this Order to attorney Valerie Murry Smedley by Certified Mail, Return Receipt Requested and by regular mail; to send a certified copy to J. Anthony McLain, Esq., General Counsel to the Alabama State Bar, by regular mail, First Class, and to send a certified copy to James P. Gerstenlauer, Circuit Executive, Eleventh Circuit Court of Appeals, by regular mail, First Class.
Ms. Smedley shall have 14 days from the date of this Order to request a formal hearing on this matter. Any such request shall state with specificity the grounds upon which the request is made. If no request is made, this Order will become final on the I 5th day from the date hereof.
Brent
San Antonio,Texas,
U.S.A.
Bad Property Managers and Liars: They seem to go together!
#11Author of original report
Wed, September 29, 2010
Manager: If my 'large dog' bit one of your reps why wasn't their a complaint filed? Did she need my business that bad that she was willing to get bit? You're grasping at straws because your professionalism and service is in worse shape than my new house was once the tenant you screened tore it up.
Also, if my 'large dog' tore up the cabinets why wsan't any of that on the initial inventory the tenant should have filled out to have repaired by me - the owner? Are you telling me she lived there for three years with ate up cabinets? Oh and btw, did my 'large dog' create a perfectly round circle resembling the base of a swingset in the backyard or the dent in the garage door?
You failed to do what you got paid for and failed miserably because you knew I was out of state and unable to check on the property myself.
Manager
San Antonio,Texas,
U.S.A.
Not the whole story
#11UPDATE Employee
Fri, March 20, 2009
It would be nice if the whole story was given. For David the response you gave shows you have no knowledge of what transpired and should not give advice unless you do. For Brent, what you failed to say was that you had a large dog which bit the previous property manager during her intial interview. This could be where the cabinet damage came from since the other dog was small and outside. There are other discrepancies which you only gave your side of. For those reading this post you should know that owners have an obligation to the property manager also, it is not a one way street.
Manager
San Antonio,Texas,
U.S.A.
Not the whole story
#11UPDATE Employee
Fri, March 20, 2009
It would be nice if the whole story was given. For David the response you gave shows you have no knowledge of what transpired and should not give advice unless you do. For Brent, what you failed to say was that you had a large dog which bit the previous property manager during her intial interview. This could be where the cabinet damage came from since the other dog was small and outside. There are other discrepancies which you only gave your side of. For those reading this post you should know that owners have an obligation to the property manager also, it is not a one way street.
Manager
San Antonio,Texas,
U.S.A.
Not the whole story
#11UPDATE Employee
Fri, March 20, 2009
It would be nice if the whole story was given. For David the response you gave shows you have no knowledge of what transpired and should not give advice unless you do. For Brent, what you failed to say was that you had a large dog which bit the previous property manager during her intial interview. This could be where the cabinet damage came from since the other dog was small and outside. There are other discrepancies which you only gave your side of. For those reading this post you should know that owners have an obligation to the property manager also, it is not a one way street.
Manager
San Antonio,Texas,
U.S.A.
Not the whole story
#11UPDATE Employee
Fri, March 20, 2009
It would be nice if the whole story was given. For David the response you gave shows you have no knowledge of what transpired and should not give advice unless you do. For Brent, what you failed to say was that you had a large dog which bit the previous property manager during her intial interview. This could be where the cabinet damage came from since the other dog was small and outside. There are other discrepancies which you only gave your side of. For those reading this post you should know that owners have an obligation to the property manager also, it is not a one way street.
Brent
San Antonio,Texas,
U.S.A.
Thanx
#11Author of original report
Wed, January 10, 2007
I'm getting all my facts together to od just that.
David
Schertz,Texas,
U.S.A.
Brent
#11Consumer Suggestion
Tue, January 09, 2007
I am here in San Antonio and believe you have a very valid claim against C & B. They violated several rules of ethics set by both N.A.R. & T.A.R. (National & Texas Associtation of REALTORS) as to how they are supposed to work for you as their client. You should possibly consider speaking to one of the more reputable Real Estate Attorneys here in San Antonio. At the very least file a complaint against the company with T.A.R.
Brent
San Antonio,Texas,
U.S.A.
Found More Damage
#11Author of original report
Fri, September 01, 2006
Evidently, C&B Realty did not see or did not check the garage door. I received a call from my realtor that the garage door has a dent in it also. How do you miss something that obvious?