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Landmaster Realty ripoff, deceptive trade practices, fraud, breaking the law and theft consumer fraud rip-off Llano Texas
RE: Landmasters Realty (formally Lone Star Land Co-in business since 1974): Teresa Bauman our contact agent-listing agent Bob Weber 325-247-5782 Landmasters Realty owned by Mark T. Virdell Broker of Landmasters (telephone: 800-290-5782 fax: 325-247-5569, email lslc@tstar.net, or mtv@tstar.net, PO Box 606, Llano, TX 78643)
1. The first time that I went down to the house for a walk through I noticed the front door had a major appliance (clothes dryer washer) in front of it on the inside of the house. I was brought in through the back door by Bauman. I asked why the appliance was blocking the door and I was told "probably so the kids don't use it". Not thinking twice to go out the front door to test the stairs, it never occurred to me that the steps could not be used and were rotted out.
2. On the first walk through I was not able to check on the condition of the water heater because the realty agent did not know where it was located (I did ask about it when in the house) and since I figured if I was going to buy the house I knew the inspector would go over the water heater with a fine tooth comb. Also in correspondence to Landmasters they originally told me that the heater was by the washer/dryer. This is how little information they knew about the house they were selling, because the water heater was in a wall in the master bedroom closet. They also got the facts mixed up about the septic gallonage. It is 1250 not 1000. What they should have done was read the Environmental Protection Agency's book on Mold Remediation in Schools and Commercial Buildings and know how to spot mold infested houses.
3. I was never told about the plumbing problems or the polybutylene piping that could lead to plumbing disasters. I was never told about any problems with the house like on-going leakages, structural damages, etc. But a point was made to tell me how in great shape it was in and how like new it was, with a 35 gpm well.
4. Upon the first walk through I did make mention that we wanted (and it was written in the contract) no remnants of animals or refuse being on the property. Everything was supposed to have been cleaned up before we moved in. All animals and related animal objects were to be off the property and refuse like torn up fencing, garbage, etc. and I was promised by Bauman that she personally would check the property to make sure all garbage and animal products and animals (dead and alive) would be off the property. She specifically told me she takes her job seriously, never trusts a seller, and treats every sale as though she were buying the property herself. She has been fooled to many times by sellers not keeping their word that is why she checks it out.
I was also told by her that everyone should have the happiness and being in a place that would give them that happiness. That is why she does what she does, she said "she certainly does not need the money". She checked nothing out. All the garbage and dead animals we saw were still there when we moved in. In fact after we moved in we called her up to tell her that the Smarrs had forgotten one of their cats, who by the way was infested with fleas and ear mites. The cat kept coming on the porch to be fed. We asked her to contact the Smarrs to tell them to pick up their cat, even leaving her with our telephone number so a time could be arranged with them for the pick-up. They never called she never called back.
I had to call her a week later and she said that it wasn't their cat and they were not interested in our problem. We finally after about three weeks, bought a Havaheart trap, which we did not have the money for, trap the cat, and deposit the cat at the far end of our property. She never came back. We had no choice to do this because the cat with its infestation of fleas and ear mites, probably loaded with tape worms which accompany flea infestations, also could be carrying feline leukemia and our house cat could have died.
5. On the day of the second walk through, again walking around the property I saw wire strewn all over the property and dead animals and debris all over the place. Again I was assured by Bauman she would take care of this. **This was written in the contract.
** ON PAGE 4 OF 8 TREC CONTRACT NO. 20-5, SECTION 9, SUB-SECTION 11 SPECIAL PROVISIONS IT STATES: Buyer Request That All Animals And Items Pertaining To, i.e. WATER TROUGHS, FEEDERS, ETC., AND ALL DEBRIS BE REMOVED BY CLOSING
Initialed for identification by buyer NS (Neal Seaman), MS (Melissa Seaman) and Seller KS (Kenneth Smarr, Jr., ts (Terri Smarr)
Form TAR-1601 - Form Received by the Seamans on February 4, 2003 at 12:51 PM signed and faxed back almost immediately (within and hour)
6. One the day of the closing, at 14:00 Hrs. at 200 Luce Street in Llano, my wife from moving from Odessa to the Llano Motel two days before the closing, viewing the house on the day before the closing, and then going to the closing became extremely ill because of her guarded condition and the stress of all the goings on (I am now trying to secure the specific report from Dr. Staton from the Social Security Administration stating that she is in guarded condition). Also it specifically states on page 4 of 7, September 11, 2001, from the Social Security Administration's Notice of Decision regarding her physical condition:
"Furthermore there is no evidence indicating that the claimant has undergone episodes of decompensation, that she would decompensate with only A MINIMAL OF CHANGE IN HER CIRCUMSTANCES, OR THAT SHE IS UNABLE TO FUNCTION OUTSIDE OF A HIGHLY SUPPORTIVE LIVING ENVIRONMENT..."
I had to have the papers arranged for her to sign off at the closing because she was collapsing from the strain. I had to carry/support her out of the room, place her outside in a shaded area, get her water and that is where remained for the remainder of the closing (approximately an hour and on half) because I had to go back in to finish all the other signing and the paper work. I was going out to her every five minutes or so to check on her condition to see if she needed to be hospitalized for emergency care.
I really was not concerned or cared about what I was signing or to check to see if this or that was paid. I was extremely upset about what was happening with my wife. I also was extremely concerned about how to get her to the house after the closing, what it would further do to her, how was I going to unpack the entire truck, being disabled myself, to get the necessary items for her. Such as a bed for her to rest in, glasses for her to have water in, ice packs for her head, etc. etc. etc. Now if the just the closing did this to her can you imagine the stress she has been under with the problems of the house.
Landmasters Realty knew about my wife's frail condition and still sold us a house that was falling apart. As far as the mold goes (besides for the water leakage's condition) the lack of insulation and heat has debilitated my wife even further. It specifically states on page 4 of 7, September 11, 2001, from the Social Security Administration's Notice of Decision regarding her physical condition:
"...never tolerating exposure to ...dust, fumes, gases, marked changes in temperatures or humidity..."
Needless to say because of Landmasters negligent selling practices my wife has been exposed to the things that make her condition unbearable to live with. I cannot even count how close and how many times I was going to take her to the emergency room because of her failing condition.
7. On the day of the second walk through Smarr was on the property and I asked him and Bauman where the cut-off valve was for the field spigots. Well they couldn't find it but assured me it must be under "those leaves". It was not under "those leaves" but buried under the ground, under rusted 55 gallon drums, broken glass, torn up fencing, used electrical wiring, rail road ties, and other debris. Also most the windows in the house were open and I could not smell mold nor was I smart enough to check the piping under the house. I figured the inspector would do that.
8. When we got back to the office Bauman made a very strong point about getting insurance so when we moved in, in case of plumbing and electrical problems, we would be covered. She said the cost was nominal, $295, and if it were her she would buy it. She gave me a pamphlet to read and take home with me. I told her I cannot make that decision on my own and I must consult with my wife. I called my wife from her office and my wife said do what I thought was best. I told Bauman yes we want the insurance. I wrote out a check for $500 and she told me that would cover the insurance and other expenses. **I also assumed that we had the insurance since we signed for it, buyer will pay, on the closing contract on February 4, 2003. Any other moneys that were due, according to Bauman, would be taken care of at closing, inspector report fees, etc. When the problems hit the fan I called the insurance company, Best Home Warranty, and I was told by them, I did not exist as one of their customers. I immediately called Bauman.
Bauman said to me she doesn't understand it and doesn't know what happened. She would get back to me. I called again, a couple of days later because I never received a call back from her, and she still said she doesn't know what happened and doesn't have any answers for me.
Enclosed is the insurance pamphlet which I received from her. I now cannot get warranty insurance because Best told me that after 30 days upon moving in you are not eligible for this insurance. Any future expenses we incur will have to be out of pocket. We do not have the money for out of pocket expenses. Bauman knew how tight our budget was and still neglected to secure this insurance for us.
In fact, because we haven't had the insurance that is what broke us. Also when we had called Bauman back she never informed us that we had this 30 day grace period from the closing and we could have had applied for the insurance at that time and still have been covered. Bauman at this point had had two chances to rectify this situation by notifying us that we could still get the insurance and with the original wanting of it at the put down of the earnest money, but failed on both occasions. She failed and we are now destitute.
** ON PAGE 4 OF 8 TREC CONTRACT NO. 20-5, SECTION 7, SUB-SECTION H RESIDENTIAL SERVICE CONTRACTS IT STATES: Pd for by buyer and it has been initialed by NS (Neal Seaman), MS (Melissa Seaman), KS (Kenneth Smarr, Jr., ts
(Terri Smarr).
Initialed for identification by buyer NS (Neal Seaman), MS (Melissa Seaman) and Seller KS (Kenneth Smarr, ts (Terri Smarr)
Form TAR-1601 - Form Received by the Seamans on February 4, 2003 at 12:51 PM signed and faxed back almost immediately (within and hour)
9. I never signed off on the inspection report. In fact I never saw the report until we had moved into the house and found it in the closing paperwork. Bauman called me two or three weeks after she received the report, and she read off to me what the report said. There was nothing mentioned about plastic pipe, nothing was mentioned about any serious problems that would have prevented us from buying the house such as ongoing leakage's, structural damages, etc.
10. Bauman made a point about honesty and the honest country folks that live in this area. No way no how would you ever get stuck in a situation, like buying a bad house, from any of these folks. In fact she said you are not in the big city now where people are trying to pull something off. You can trust people here, I said I still want the separate house inspection. She was not trying to talk me out the inspection but claimed with these honest folks it really wasn't necessary.
In fact when I was in the office I specifically called my wife and told her exactly what Bauman stated above, that is how impressed I was and I wanted my wife to feel more comfortable because I know the stress she was going through being home by herself with this possible major sale happening. I must have called my wife about eight times trying to keep her abreast of what was happening and to check on her physical well-being. I even called when I arrived at the office and upon leaving the office to view the property, and when I was about to leave the office to come home. My concern for her safety and well-being is always foremost on my mind. Her physical disabilities have made her extremely frail and open to hurt both physically and mentally.
11. There was nothing in the contact or by spoken word was mentioned about the dangers or possible problems with the plumbing (polybutylene), NOTHING.
12. When asked if a vapor barrier was needed in this house I was informed it was not needed. Yet it was there installed with the home. This was disclosed to us in a fax sent to us by Landmasters Realty. Again they did not know the product they were selling and in turn we got stuck with these problems. They were not even aware of the mold in the house or they chose to ignore it.
13. I have found out since the purchase of the home that there is supposed to be a red government tag on every mobile sold to make sure of legitimacy. There is no red metal tag on this house that I can find. There is a gray tag in the back where the red tag should be and it doesn't have the numbers on it denoting this specific house.
14. I asked them to please check the AC tonnage and I never got the answer period. No calls back, subject disappeared.
15. Because of the compromising position they have placed us in not knowing about the problems in this house we have now become destitute. We have been placed in the position of trying to sell what valuables we have left to buy food, medications, and continue repairs. We have had to take out ads in the Thrifty Nickel to try and get money to buy food, sorely needed medications for our disabilities, and other necessities like bills. We have not sold anything as of yet and the ads are running out. We have been going to the homeless shelters to try and secure emergency food. Unfortunately the food that we have been securing is put me in a life threatening situation because being a diabetic I now cannot get control of my sugars, my triglycerides are through the roof, and all because the food I have been eating has caused this because we are not able to buy the proper diet.
My wife who suffers from immunological diseases is suffering from her diet also. But is being hurt even more because of the stress, humidity, and unbearable heat due to know insulation and not being able to use the AC.
16. When I did the walk through in the house it seemed stable and solid. I had walked through other mobiles and they seemed to actually bend when you walked on the floors. I felt that this secure feeling was a good sign. I never claimed to be a house inspector.
17. I wish to denote wet spots in the ceilings that were doctored to look like there wasn't a leakage: kitchen (2-doctored both still wet), guest bathroom (2-doctored both still wet), master bedroom (1-indicates water damage doesn't look doctored).
Neal
Cherokee, Texas
U.S.A.