COMMUNITY REAL ESTATE DEIDRE NEWTON/EDWARD SCHAERER/BART CASO EXCLUSIVE LISTING AGREEMENT SIGNED UNDER DURESS TO DEATH DO US PART! Rip-off! LAKE WORTH Florida
My husband and I signed an exclusive listing agreement under duress. We were blessed with a beautiful baby boy, just moved to a new home, a 7 day a week 24 hour day business a 10 unit apartment rental. We haven't sold our old home yet and we got into a financial bind.
I had postpartum depression and the stress for both of us was overwelming. My husband call a realtor that was referred to him by a friend and my husband brought home this agent and we signed a listing agreement under duress. I didn't want to sign, I told the agent how tough it was for us, but this was not the right move.
He completely ignored what I said and told my husband that with the profit from rentals, we could buy a bigger investment. Is this what you tell a man who as anyone can see was stressed? He had a hard time as it is handling all our responsibilities without my help. A bigger investment would be crazy.
Selling the properties was wrong and the agent knew and I said I am 110% against this. Well, of course he didn't care to listen to me because it wouldn't put money in his pocket. Well, he never advertised the property, not one cent spent.
He did however bring a friend 4 months later who also is a real estate broker and gave us a contract for full price sight unseen with zero down payment. Needless to say that all 3 contracts came in with the wrong description even though i did correct it on the 2nd contract. The real decription is 10 unit apartments. Consisting of 4 units in one building and 6 units in the other with only 2 deeds to sell. one for each building.
Well, their description was 10 condominiums and 10 deeds and assignable which both agents knew would be unacceptable and we would not sign. After 2 court hearings and a trial. The way the exclusive listing agreement is written, as long as there is a buyer who is willing to buy the property for the $ amount listing and can financially able.
It is called ready, willing and able buyer. Can I buy a car from you and ask you for 2 titles? Our arguement was we couldn't sell what we don't own. It didn't matter to the Judge! no advertisment, the buyer who didn't disclose that he was also a broker and owner of the company co-broking on the 2nd contract.
Removal from the Florida Board of Realtors on the same day he signed the 1st contract, so he wouldn't be violating an ethic code. Nothing mattered. We told this judge this was a scam and he didn't care. I had a mini-stroke 3 weeks after signing the agreement because I was so made with this agent. I couldn't believe he did this to us.
My husband and I now are in a depressive state. We have a lovely boy after 8 years of trying to have a baby. He will now be 2 years old. We have been in misery for almost 2 years. We have a judgment against us for over$53,000.00 not including our attorney fees and we have appealed with a new attorney. The agent threatened us several times right from the beginning. We have letters to prove it.
He stated, you don't have to sell if you don't want to, however, you will be obligated to pay the commission as stated in the listing agreement, $35,340.00. Now you know why I had a stroke. Health is not important or postpartum, depression or signing under duress. In the judges eyes, it is more important to pay!! I hope there would be someone with the state attorney office who would step up and help. Police didn't help either. Not spending a penny in advertising, isn't there something wrong here?
Barbara
LAKE WORTH, Florida
U.S.A.
5 Updates & Rebuttals
Mike
Orlando,Florida,
U.S.A.
Be wary of Thrifty Nickel?American Classifieds
#6UPDATE Employee
Tue, January 04, 2005
I was an employee of The Thrifthy Nickel of Orlando, Fl (dba American Classifieds of Orlando) from July 2004 until Dec 31, 2005. Besides several bounced payroll checks, thye quit paying myself, my wife (also an employee since Nov 2004) and many others while still taking in income for the company. To date 1/4/2005, we have yet to receive the several weeks back pay due. Even though the local managers and corporate owners out of Destin Fl are aware that failure to pay us means my wife's diabetics will go un-medicated and we face eviction, they refuse to respond to our calls and requests for payment of salaries past-due
Barbara
LAKE WORTH,Florida,
U.S.A.
THE TRUTH HURTS YOU!!!
#6Author of original report
Thu, August 26, 2004
YOU HAVE A HUGE SIGN ON YOUR OWN PERSONAL PROPERTY THAT IS FOR SALE AND OTHER LISTINGS IN THE AREA! YOU NEVER ADVERTISED OUR PROPERTIES BECAUSE YOU KNEW YOU EXCEPTED OUR SIGNATURES WHEN WE WERE UNDER DURESS! YOU TOOK ADVANTAGE OF PEOPLE IN THEIR WORST TIME OF THEIR LIVES AND THINGS ONLY GOT WORSE.
THE LISITNG AGREEMENT THAT WAS SIGNED BY US WAS THE MOST IMPORTANT FOR YOU. THIS IS WHY YOU DIDN'T ADVERTISE OUR PROPERTY. THIS IS WHY YOU THREW ALL 3 CONTRACTS IN OUR MAILBOX, IN FRONT OF OUR DOOR AND YOU AVOIDED PERSONAL DELIVERY. YOU KNEW THE STRESS AND HEALTH PROBLEMS WE HAD AND WE THOUGHT THIS WOULD BE PROOF IN COURT.
YOU KNEW THE LAW BETTER THAN US AND THIS DOES NOT MATTER IN COURT!! YOU WOULD EXCEPT SIGNED CONTRACTS IN SOMEONES DEATH BED. YOU ARE CRUEL HEARTLESS AND EVIL. YOU DON'T HAVE ANY CHILDREN SO YOU HAVE NO IDEA HOW DIFFICULT IT WAS FOR US EXPECIALLY AT OUR AGE.
YOU DIDN'T AND DONT' CARE AND NEITHER DOES THE COURTS. IT DOESN'T MATTER!!!!!!!!!!!!!!! I DON'T KNOW HOW YOU STILL SLEEP AT NIGHT!!!
WE KNOW THE TRUTH AND YOU KNOW WHAT YOU DID WRONG. YOU SHOULD STEP UP AND BE A MAN AND ADMIT THE TRUTH. WHAT YOU DID WAS OUT RIGHT WRONG AND INHUMAN!!
Barbara
LAKE WORTH,Florida,
U.S.A.
YOU AND YOUR ATTORNEY TOOK ADVANTAGE OF INNOCENT PEOPLE
#6Author of original report
Thu, August 26, 2004
LIKE I STATED IN MY FIRST LETTER. THIS WAS A SCAM AMONG 2 PROFESSIONAL REAL ESTATE BROKERS WHO KNEW EXACTLY WHAT TO DO TO COLLECT COMMISSION WITHOUT CONSUMMATING A SALE!!
YOU AND YOUR ATTORNEY TOOK ADVANTAGE OF INNOCENT PEOPLE.IF YOU DID NOTHING WRONG, THEN WHY DIDN'T YOU ADVERTISE THE PROPERTY AS AGREED IN THE LISTING AGREEMENT? YOU SAID IN COURT THAT YOU DID ADVERTISE IT BUT, WHEN ASKED IN A COURT ORDER FOR PROOF OF ADVERTISEMENT, MLS NUMBER AND HOW MUCH WAS SPENT, THE ANSWER FROM YOUR ATTONEY WAS "THAT THEY COULDN'T LOCATE THAT INFORMATION".
WELL, WHY DIDN'T YOU PROVE THAT YOU ADVERTISED IT? IF THE MLS LISTING WAS EXPIRED IT WOULD STILL SHOW!!
EXPIRED LISTING, BUT NOTHING SHOWS!!IF THIS WASN'T A SCAM, THEN WHY DIDN'T YOU CONTINUE SHOWING THE PROPERTIES WHEN THIS BUYER REFUSED TO NEGOTIATE TO A CORRECT CONTRACT? THAT BUYER WALKED AWAY FROM THE DEAL!
WE DON'T OWN 10 DEEDS AND 10 CONDOS, WHY DIDN'T YOU CORRECT MY REQUEST AND CHANGES? WHY DID THE BUYER CHECK MAY NOT ASSIGN ON THE FIRST CONTRACT AND THEN CHANGE IT TO MAY ASSIGN WHEN I REFUSED TO AGREE. YOU KNEW WE WOULDN'T SIGN UNLESS IT WAS CORRECT. THIS BUYER WAS NOT A REAL BUYER!!
ACCORDING TO REALTORS ASSOCIATION OF THE PALM BEACHES YOU WERE REQUIRED TO DISCLOSE DUAL AGENTS AND BUYERS AND YOU WERE REQUIRED TO ADD THIS LISTING IN THE MLS TOO! ONLY WHEN I WAS TOLD BY SOMEONE DID I FIND OUT THE BUYER WAS ALSO A REAL ESTATE BROKER.
AS A MEMBER, YOU ALSO BROKE SEVERAL OTHER ETHIC CODES. WHY DID YOUR FRIEND REMOVE HIMSELF FROM THE BOARD OF REALTORS ON THE SAME DAY HE SIGNED THE FIRST CONTRACT? IS IT NORMAL FOR BROKERS TO SEND 3 PAGE LETTERS TO SELLERS RIGHT AFTER THE DELIVERY OF THE 2ND CONTRACT STATING, YOU DON'T HAVE TO SELL IF YOU DON'T WANT TO, BUT YOU DO HAVE TO PAY THE REQUIRED COMMISSION OF $35,340.00.
I SUGGEST ANYONE TO LOOK DEEP IN THE COURT RECORDS, NOT JUST ON LINE. YOU WILL SEE THE TRUTH.WE LOST BECAUSE WE DECIDED TO GO IN WITHOUT AN ATTORNEY WHICH YOUR ATTORNEY KNEW WE WOULD LOOSE BECAUSE WE DIDN'T KNOW HOW TO FILE ALL THE LEGAL PAPERWORK.
YOU ADVERTISED EVERY LISTING YOU HAVE EVEN THE PROPERTY YOU JUST PURCHASED. IT'S IN THE MLS!! IF YOU PUT YOUR OWN PROPERTY IN THE MLS, WHY DIDN'T YOU PUT OURS IN???
ALMOST 4 MONTHS WENT BY AND THE ONLY BUYER YOU BROUGHT,WAS A FRIEND AND ANOTHER BROKER WHO DISAGREED WITH ALL 3 CONTRACTS. HE EITHER WAS HELPING TO SPLIT AND COLLECT THE COMMISSION OR HIS ONLY WAY WAS TO BUY 10 CONDOS AND ASSIGNABLE ONLY.
IF WE WOULD HAVE KNOWN THAT THIS COMPANY DOESN'T ADVERTISE AND CAN'T AFFORD TO PLACE A SIGN FOR SALE, WE WOULD OF HIRE ANOTHER FIRM.
WE ONLY SIGNED A LISTING AGREEMENT, WE FEFUSED TO SIGN ANY CONTRACTS THAT WERE INCORRECT! THIS COSTS US SO FAR OVER $80,000.00 FOR OUR SIGNATURES AND YOU AND COMMUNITY DIDN'T SPEND A CENT!! ALSO, A SIGNED CONTRACT IS MORE IMPORTANT THAN HEALTH.
YOU KNEW I WAS SO SICK AND WAITING FOR RESULTS FROM THE NEUROLOGIST AND M.R.I. ON WHY I HAD SLURR SPEACH, NUMBNESS ETC AND I EVEN HAD A NEWBORN TO RAISE.
AT OUR WORST TIME IS WHEN YOU SENT US SEVERAL LETTERS TO SIGN OR PAY THE COMMISSION.SENDING THOSE LETTERS TO A SELLER WHO SUFFERED A STROKE COULD OF KILLED ME? Y
OU ARE NOT HUMAN!! HARD WORKING SALESMEN YOU CALL YOURSELF?
NOT ONE CENT SPENT!! YOU MADE OUR LIFE AS NEW PARENTS MISERABLE AND FINANCIALLY BROKE!! I WOULDN'T PRAY ANYONE TO SUFFER LIKE WE HAVE AND STILL ARE SUFFERING BY A BROKER LIKE YU AND A THIS REAL ESTATE COMPANY!!
HEALTH COMES FIRST WITH US BUT NOT WITH YOU. AS SIGNED CONTRACT IS MORE IMPORTANT, BUT THE LAW DOESN'T AGREE THAT HEALTH COMES FIRST EITHER!! AS WE STATED, YOU AND YOUR ATTORNEY KNEW THE LAW AND TOOK ADVANTAGE OF 2 INNOCENT PEOPLE!!!
OUR FIRST AND ONLY BABY HAS SUFFERED THE MOST!! WE APPEALED!!!!!!!!!!!!!
Edward
Lake Worth,Florida,
U.S.A.
Are you looking for the "TRUTH" ?
#6UPDATE Employee
Wed, August 25, 2004
The TRUTH of the matter is. The individuals responsible for placing this ludicrous report are on a personal vendetta. Still fumeing and in their defeated ill temperment, they want to make as much comotion and damage as is possible. Sometimes the TRUTH hurts, and for this hot tempered and extremely volitile couple it is going to hurt them right where it counts. In their wallet. You see they recently lost an ongoing court case lasting just under (2) two years and are extremely angered that they have been ordered by a Judge to honor the terms of the legaly binding contract that they willingly entered into. Well, justice finally prevailed and now they have to pay the real estate commission that was rightfully due plus attorney fees.
Call it "sour grapes" or "sore Loser" It's just plain and simple GREED on their part to try and cheat an honest and hard working salesman out of his duly earned commission. As well as make false and liable statements about the prospective buyer who's reputaion is impecable in the business community.
Feel free to judge the case findings for yourself on line if you care to. Look up the curcuit court of the fifteenth judicial court in and for Palm Beach County, Florida. Case # 502003CA006563XXCDAG in the civil division. You will find the final judgement for the plaintiff.
Based on factual evidence and the judicial determinations recently made in a court of law. It is my opinion that any reasonable person willing to examine this issue and case proceedings will find there was absolutely no indication of any wrong doing by the real estate company it's agent or the prospective buyer.
These individuals have made gross and harmful accusations as to my personal integrity, business ethics and professional conduct. I fervently reject their claim as false and stand openly as to my favorable reputation as a Realtor, good name and public respect.
Sincerely,
Barbara
LAKE WORTH,Florida,
U.S.A.
REAL ESTATE COMMISSION FRAUD COMMUNITY REAL ESTATE/ AGENT EDWARD SCHAERER/ OWNER DEIDRE NEWTON/FRAUDULENT BUYER BART CASO. AGENT BROUGHT FAKE BUYER JUST TO GET COMMISSION, NOT TO CONSUMATE A SALE. SO FAR IT COSTS US $80,000.00. CAN ANYONE HELP??
#6Author of original report
Sat, July 24, 2004
We are involved in a scam where 2 realestate brokers knew what to do to collect real estate commission without consumating a sale. We now have a judgment against us for over $53,000.00 not including our attorney fees.The agent said before he we signed that if we change our mind, just tell him and he will void the listing agreement.
I didn't want to sign, but I did just to get the agent to leave. He was at our home once for 20 minutes. Since the agent was referred to my husband by a good friend, I thought he was telling the truth. The Judge did not care that these people didn't spend one cent in advertising and the terms on the contract were not agreed upon. WE DON'T OWN 10 DEEDS only 2 deeds.
Even though the buyer admitted to seeing the correction by me on the 2nd contract and I would not agree to assign, he blamed the agent for not correcting it. But, the buyer signed it so he didn't agree to my corrections. The buyer only wanted to buy 10 deeds and 10 condos as they put in the contract.
We own 2 deeds and 10 unit apartments. Again, we can't sell what we don't have. The Jusge couldn't see this was a scam. We never signed any of the contracts because we didn't agree and we didn't trust our agent. The buyer is a real estate broker who knows this listing agent and they both did this to scam us for commission only. This Judge is a crook just like their attorney and agent.
Don't bother waste postage complaining to Florida Real Estate Commission, they are so backed up with complaints since the moved to Tallahasse. The new employees do not know what they are doing. With all the proof of fraud I sent to them, they could not find anything wrong. I looked on the internet under the Judges name and found that his review was poor compared to the other Judges. Our signatures cost us $35,340.00 for his commission. With attorney fees so far it is $80,000.00. Can anyone help? Police, goverment agencies, Attorney General, no one want to hassle.