Complaint Review: Jeff Tomlinson Equity Real Estate

Rippoffrebuttal

I have composed the following message to whom ever wrote this report because the author did not leave their name or contact information so I don't know who to address this to.

I am extremely hurt if one of my clients ever feels anything like this after a transaction with me.  If you truly know me, then who ever you are please contact me so that we can discuss the concerns you may have. I want the opportunity to make this right, and if I really was what you say I was then let’s address your issues and concerns.  Because, If I have done something that has harmed or “ripped you off” then I will do what I can to make it right, since this is not how I do business.  Therefore, this is an open invitation to you to recover your damages and redeem any loss that you may have suffered from your transaction with me.  I don’t recall any client having felt the way you have describe, and if you did have concerns, I never knew about it, and I am sorry you feel this way.

I take my profession and business very seriously in that I earnestly strive to do all in my power to ensure that each and every client that I work with is completely satisfied and has an enjoyable experience, and that is why I enjoy my job so much.

During, each transaction I constantly enquire of my client(s) if they are having a gratifying experience and if there is anything I can do to help them.  Most of the time there isn’t, but when there are occasions that someone isn’t having a good experience or might have an issue, then I make every effort to improve or correct the issue once I learn about it.  It’s my job and I pride myself on meeting and exceeding my client’s expectations.

Fortunately, many of my clients have had a pleasant relationship with me, and I am very grateful.  However there are certain circumstances and events that no matter what I do to address a customer’s needs or issues he or she will never feel fully satisfied with the remedies or solutions I can provide.  This is regrettable, but there are times when I can’t please everyone all the time it just isn’t possible.

There have been situations or events outside of my domain or authority that have had a negative effect on my client(s) of which I could not help or assist them,.  Yet I was blamed for the problem because I happened to be the “Real Estate Professional” therefore, I should be the one to prevent any issues from ever happening.  Wouldn’t that be great if real estate agents had such powers?  Well we don’t, and we shouldn’t be blamed for issues or events of which we have nothing to do with.  Individuals need to take ownership of their own issues and don’t blame others for problems that come up, that is just life.  But it would help if at the person(s) would at least talk about the issue(s) and give the other side an opportunity to address their concerns.  This way many problems could be solved and potential misunderstandings put to rest.

I always try to take care of my clients and over the years I have bought appliances, replaced water heaters, purchased home warranties, help buyers and sellers move, paid for a buyers earnest money, fix broken plumbing issues, installed lights, hand railings, carpet, outlets and many other repairs, and given up all my entire commissions on occasions, just to help my clients feel good about their transaction even though I had nothing to do with challenges that came up.  I feel its far more important to build a good long term relationship rather then taking as much as I can from one deal by hurting someone because I placed my needs before my client.  That is very short sited and ultimately a bad business practice.

However in my defense if whom ever you are decide not to take any action to contact me, then I believe that this is just a malicious report from an anonymous person seeking to cause me harm.  It is troubling that someone can be this mean and randomly hurt a person or their business.  I believe in what goes around will come around and I live by the Golden Rule, “Do unto others as you would have others do unto you” is a great principle.

I take my business very seriously and I want to shed some light on the statements and claims that are made by the anonymous author of this report.  The truth is it that it is extremely hard to take advantage of client(s) as an agent, and that there are legal systems in place to protect the general public from predator agents who really do take advantage of consumers.

First off lets address each of the stated issues in their report:

“a dishonest liar who will say anything and then bait and switch, We did a transaction with him and he completely ripped the rug out from underneath us.”

I have been in the real estate industry for over 10 years and frankly I am not sure how any agent can “bait and switch” any part of a transaction that could personally benefit an agent.  Every document that agents use were written and approved by the Board Of Realtors to protect all parties and every contract and addendum used in a real estate transaction must be agreed upon by the buyers and sellers through reading, signing and initialing them otherwise they are not legal.  So if either party were some how to be taken advantage of, then why would a buyer or seller agree to the terms of a contract that places them in bad position?  If either party disagreed with the document or conditions, then that individual(s) can simply not initial or sign the document(s), and they would not have any obligations to honor that them thus avoiding the concern or problem.  Also at any time during a transaction why didn’t the offended party stop the sales transaction to address their concerns or issues?  And if I was a liar, why didn’t the author bring up my lies to me, my broker, or the Board of Realtors or anyone else to hold me accountable and responsible for any untruths that I had said?  It seems strange that if they felt that strongly about my behavior then why didn’t they take any actions to stop me from baiting or switching or ripping the rug from underneath them.  It seems unreasonable and highly un-probable.

“He ripped us off and lied about it in writing and I have the proof he is a liar and a thief.”

These are very strong acquisition.  If the person who wrote this report has such damaging evidence in writing where is it?  I would love to see it and discuss their issues and concerns.  They also mention that I am a thief, well that is completely impossible from an agents position.  There are several reasons why this statement alone is not true.  Let me explain, never during a real estate transaction does an agent ever have access to any funds or financial aspect of the deal or transaction. 

For instance the earnest money check is made out to either a broker or a title company and the check gets deposited into a trust account.  That check is signed and record showing where and when the funds were deposited.  It is required that both the broker and lender show proof of those funds, having been deposited into an account. 

Both the money down and the buyers closing costs are received by the title company, and at the end of the transaction called "Settlement" there is a credit issued to the buyers and sellers with no cash being exchanged between any parties.

Any other funds such as a home inspection service or appraisals fees are paid directly to the service provider out side of closing and an agent never has access to those funds as well.

At the beginning of Settlement, and before funds are distributed to any party both the buyers and seller review a document called a “HUD” (No longer used) or Closing Documents which breakdown both sides of the sales transaction.  The Closing Documents are created by the title company and thoroughly reviewed by the buyer(s), seller(s) and agent(s) for final approval prior to settlement.  If there are any errors or issues found on the documents, the meeting is stopped and the title person will make the corrections before proceeding forward.  So if there are any errors or concerns at Settlement the issue must be corrected and agreed upon before preceding any further.  If there is a legitimate issue with an agent(s), finances or anything else then the meeting is suspended as well and the transaction is not finished.  Any buyer or seller can file an official complaint with the Local Board Of Realtors and/or the State of Utah and the complaint will be reviewed by both departments.  If there is a legitimate problem then an investigation will be started, to determine what happed and if there was illegal actions by the title company, agents or lenders, if so corrective actions would be taken against them. 

The last part of the transaction is at the title company were an escrow agent/officer will use the purchase contract and the closing documents that were created by the title company to execute the conditions of the purchase contract.  Any distributions of funds as outlined are paid directly to the sellers’ lender to pay off their mortgage if there is one, and any remaining funds are paid directly to the seller(s).  Buyer(s) generally either will need to bring certified funds to closing if required, and the check is made out to the title company.  If buyer(s) will receive a credit or funds back from the transaction then the title company will issue them a check or wire the funds to their account.  As far as a real estate agent receiving funds or commissions directly from any party other then their broker it isn’t possible. The process for an agent to get paid is that all, funds/commissions are handled by Title Company who will wire or send a check directly to the agent’s broker. The agents’ broker upon receiving the funds then takes their fees off the gross commissions followed by issuing the agent a check or wire transfer through their payroll form the remaining funds.

Thus, an agent is NEVER paid directly by a seller or buyer in any real estate transaction that is illegal! 

So with all of these layers of protections for consumers it is virtually unfeasible for an agent to steal from a client.  Therefore an agent can’t steal from a client, as stated by the anonymous author which means that their claims is untrue.

“he seems nice at first and then becomes abusive and threating if you dont do exactly as he says.”

If I am abusive and treating while working with a client then why didn’t this client raise the issue with me or call my broker or file a complaint to stop such behavior?  Better yet simply stop doing business with me?  I can’t nor can any agent force a client to do anything, it’s illegal to do so.  I don’t konw how can any agent threaten a client?  What power or authority does an agent have to make a client do something against their will?  If an agent threatened or forced a client to do something, the client has grounds to seek legal actions against them.  Contract law states that no one can be forced into a contract under distress it is legal and the contract is VOID and will not hold up in court.  Once again, if there were an issue with me then why didn’t this author of this article seek remedy for their abuse and threatenings from me.  Because it didn’t happen!

Given the importance of customers to any business including mine, if a customer is unhappy or dissatisfied with the company or person of whom they are working with then why not do something about it?  I feel it is important a customer make an effort to bring their concern(s) to a business’s attention, I know that I do if it were to happen to me.  So why wasn’t my dishonesty, lies, behavior and even thievery brought to my attention not to mention the “proof” they claim to have to remedy their loss?  The answer is that I NEVER did anything like this.  I never have and never will.   Believe, whom you want but I would like to see the proof and if I am guilty of what was written.  Then if I am guilty, I will make it right because I don’t knowingly or unknowingly screw people over.

Sincerely,

Jeff Tomlinson

I also have attached some reviews from past clients that they wanted me to share:

Misty2015 reviewed Jeff Tomlinson

 06/05/2015

 Helped me buy a home

Jeff Tomlinson seriously is the best agent out there! I was do picky and pregnant ( so i was crazy to deal with lol) and my husband had very specific requests and Jeff always meet our needs and was always ready to show us anything we wanted at any time we wanted! If you are looking for a home or rental shoot him a message he is great! !!! I'm not getting anything out of your referrals i just want you to be taken care of and find your dream home just like us! He has a great loan guy to we couldn't have got our house without the both of them!

Dzanone reviewed Jeff Tomlinson

 05/13/2015

 Helped me buy a home

I originally Jeff had contacted me several months ago and I had some thing I needed to do to be able to purchase a home. Jeff was patient and provided me with information that I need to help me make the right purchase. My job takes me out of town a lot so it wasn't easy for me to look at homes but Jeff was always ready to show me homes when I was in town. We were finally able to find the right home for me and he help me get everything done to purchase my new home. I appreciate all that he did.

S.shephard reviewed Jeff Tomlinson

 04/16/2015

 Helped me sell a home

I am a builder and Jeff contacted me about selling one of my homes. After meeting with him I decided to give him a try. He brought me a buyers and we closed on it in just a month. He also sold another home in just two days.

W.wilson reviewed Jeff Tomlinson

 04/16/2015

 Helped me buy a home

This is my first home buying experience but Jeff made it easy and comfortable for me. In fact he was on his vacation and he kept in contact with me and even sent me the documentation while he was gone. We got the house we wanted and we are extremely happy with all his efforts.

M.murdock reviewed Jeff Tomlinson

 04/16/2015

 Helped me buy a home

I know we were not the easiest buyers to work with. Jeff showed us at least 50 homes and we wrote several offers, but nothing worked. Finally, we found the one we loved and through Jeff’s efforts he secured the deal for us and now we are in the home of our dreams and got a great deal on it too. He is a really nice person.

V.howton reviewed Jeff Tomlinson

 04/16/2015

 Helped me buy a home

I came across Jeff by calling on one of his homes that he had listed. It wasn’t the right one but we keep on looking until I found what we were looking for. We had to rent it for a while until we could get all of the loan process taken care which took almost five months, but he stayed in there the whole time. I know it took more work then usually but we are thankful for his help.

N.james reviewed Jeff Tomlinson

 04/16/2015

 Helped me sell a home

I was referred to Jeff by a title person and meet with him about selling our home. We gave him our target price that we wanted to sell the home for and we got it plus a little more. The experience was easy and fast he sold our home in just two weeks.

D.hunt reviewed Jeff Tomlinson

 04/16/2015

 Helped me buy a home

I called Jeff about a home that he had listed and he meet with me to show the home. He was very helpful with writing the offer and getting me all the paper work and documentation taken care of. I felt very comfortable and grateful for his help and what he did for me. I would gladly recommend him.

Robbieallen12 reviewed Jeff Tomlinson

 04/15/2015

 Helped me buy a home

Jeff is a true teal estate professional. He was fast, courteous, and I always felt as if he worked on my timeline. I would always recommend him for anybody looking to buy or sell a home.

Thanks Jeff!

Cherrydoodles reviewed Jeff Tomlinson

03/30/2015

Helped me sell a home

Jeff not only helped us sell our home, but also helped us buy our current home. Even though it wasn't required for him to be as involved in building our current home, he continued to follow-up with us frequently. He is very honest and worked hard to sell our difficult to sell home. I firmly believe it would not of sold if it weren't for Jeff working so hard to advertise and negotiate on our behalf. I would recommend Jeff to anyone!

D Lukes reviewed Jeff Tomlinson

03/30/2015

Helped me sell a home

Jeff helped us sell our home, we had our home for sale by owner wanting to utilize all of our equity towards the down payment on our next home, Jeff contacted me and convinced us that he could market our home and still get the amount of down payment we required to purchase our new home, I had several other agents call and set appointments, and wouldn't even show up. Jeff is very professional, and honest in his feedback and negotiations. I would highly recommend Jeff, He also helped us purchase our new home!

Thanks, Jeff

J Mosley reviewed Jeff Tomlinson

03/26/2015

Worked together as colleagues

I work with Jeff on the Closing end of things. Jeff is always on top of things and easy to get a hold of if I need something or have questions on the transaction. He is very knowledgeable and understands the business. I would recommend using Jeff for all your Real Estates needs.

J Titus reviewed Jeff Tomlinson

03/24/2015

Currently working together

Jeff is at the TOP of his game when it comes to going the extra mile for his clients. He is an expert when it come to negotiating the right price for his buyers as well as getting TOP DOLLAR for his sellers. If you are looking to sale your existing home or looking at a new purchase I would highly recommend Jeff! Awesome agent with years of experience.

L Pearce reviewed Jeff Tomlinson

03/24/2015

Helped me buy a home

Jeff really attends to his clients needs. He's just a great person to work with. Jeff recently helped me close on a bank owned property, that was challenging. I'd gladly recommend him to anyone who is buying or selling a property.

Annette reviewed Jeff Tomlinson

03/23/2015

Helped me buy a home

Jeff was great and he always answered his phone and questions that I pumped him with. He is a polite and honest agent and a pleasure to work with. I really appreciated all his help in this stressful process.

K Madrigal reviewed Jeff Tomlinson

03/23/2015

Currently working together

Jeff is awesome i would recommend him to my family and friends...! i was comfortable asking Jeff any questions, and he answered any o all of my questions. I liked how he pointed out the little or big things concerning my kids and family safety. Jeff listened to all my concerns and listened to all of my likes and dislikes to finding the perfect home for me and my family. Over all Jeff is great guy... we look forward to buying our new home! Thanks Jeff!!!

C Christensen reviewed Jeff Tomlinson

03/22/2015

Helped me buy a home

Jeff worked in conjunction with Nilson Homes during the building of our new home. Even though we had a very good home builder, it was nice to know that we had Jeff in our corner to help with any issues.

C Sevile reviewed Jeff Tomlinson

03/22/2015

Helped me buy a home

Buying a house is a stressful process regardless of whether you're a first time buyer or a seasoned veteran. I happened to be the former. When it came time to really start getting serious about buying, I knew that I whoever I was going to work with needed to be able to 1) make me laugh, 2) respond appropriately to any freak out emails or text messages that I would inevitably send at dinner time, and 3) (most importantly) make me feel confident about my choices. I admit that's a tall order. Jeff knows his stuff and is well connected in the

northern utah area (and beyond) and uses those relationships to help problem solve a situation. We had a tricky time trying to navigate the world of negotiation and jeff made a few phone calls and we really came out on top. Jeff is a smart negotiator, an attribute that has been refined through the number of transactions he's been a part of on both the buying and selling end. His advice during this negotiating phase was invaluable and after we talked, he always made me feel better about whatever decision I was about to make.  Jeff understands his clients. After the first few weeks of working together, he really had my song-and-dance down i.e. me sending knee jerk reaction emails or texts undoubtedly worried about a minute or obscure detail. But Jeff displayed an amazing amount of patience in lightheartedly responding and giving me the straight talk to make me realize I was stressed out over nothing. His timing and humor were much appreciated to break up any tension or stress of the process - especially when it came time to sign on the dotted line. Jeff was right there with me giving me answers to last minute questions as I nervously signed all of my closing docs.

J Parkinson reviewed Jeff Tomlinson

03/20/2015

Currently working together

We are currently working with Jeff trying to find a home and he has been nothing but great. Keeps in contact with us everyday and emailing us updates of new houses on the market. Has given us very helpful tips for buying a home, since this is our first time buying. The experience can be stressful but he has eased our minds with the searching process. Give him a call! He truly cares for his clients.

M Austin reviewed Jeff Tomlinson

03/20/2015

Currently working together

I know firsthand that he will put all his effort into helping his clients. He returns calls, follows up, and is always giving me options as to what would be in my best interest. I never feel like he's being pushy or just looking for his own benefit. I love working with him and he has been a huge help to me. I highly recommend him to anyone looking into investing into your future.

Lisa T reviewed Jeff Tomlinson

03/20/2015

Worked together as colleagues

I worked with Jeff on many successful closings. He was always prepared and had the necessary documentation for timely closings. He understands the underwriting process and was very responsive to underwriting conditions to meet the lending deadlines. It has been a pleasure working with him on several transactions.

aviatorschoice reviewed Jeff Tomlinson

12/31/2014

Helped me sell a home

He kept me informed about showings, helped me get more dollars on the sale helped close the sale early so My wife could leave on our anniversary on time an overall great agent to work with