Complaint Review: Nicholas Brown with Beacham & Company

To All Readers,

This report is to retract the statements orginally posted against Nicholas Brown, Brown Daniel Group and Beacham & Company.  Please disregard all previous postings.

I have amicably resolved all issues with Nicholas and Beacham & Company regarding this matter.

As the listing agent for the above-referenced property, we received two similar offers to purchase the property. Your offer, while competitive, contained a provision indicating that you intended to use a specific lender for the transaction. 

In performing my duties to the seller as the listing agent for the transaction, I properly advised my client of the multiple bad experiences I have personally had with this lender.  At this point in the process I, as the selling agent, could have simply advised the seller to accept the other competitive offer not utilizing your specified lender. Instead, we reached out to your agent to suggest that your competitive offer would be more receptive to the seller if you did not utilize the specified lender. 

Based upon these statements, your agent suggested that you obtain alternative financing.  In short, neither I, Nicholas Brown, nor anyone else associated with the Brown Daniel Team or Beacham & Company Realtors
“forced” you to attempt to obtain an alternative lender.  Additionally, we did not “force” you to withdraw your application for financing and to voluntarily terminate your contract for the purchase and sale of the above-referenced property. In fact, on Exhibit “A,” paragraph 3 of your June 15, 2014, counteroffer, you state in writing that “nothing herein shall require Buyer to obtain mortgage financing from any such lender.  Buyer may also pursue different loans than the Loan(s) described above.”

It is advised that you speak with both an attorney and a real estate attorney who understands contracts before making unwarranted accusations about ethics and about real estate practices.

This original report is being rescinded due, to not one, but two threats received in the past 24 hours (both documented) including a "threatening" letter received from the law firm of Lamberth, Cifelli, Stokes, Ellis & Nason, P.A.  

It is a pleasure to recommend Brand Mortgage.  I have been working with my broker for nearly a year now; he has always responded in a timely manner, pleasant to speak to, technical, and overall l couldn't be more pleased with their service and level of detail.

This original report is being removed/overwritten due to the "threatening" letter received today from the law firm of Lamberth, Cifelli, Stokes, Ellis & Nason, P.A.  

It is a pleasure to recommend Brand Mortgage.  I have been working with my broker for nearly a year now; he has always responded in a timely manner, pleasant to speak to, technical, and overall l couldn't be more pleased with their service and level of detail.

This original report is being removed/overwritten due to the "threatening" letter received today from the law firm of Lamberth, Cifelli, Stokes, Ellis & Nason, P.A.  

This original report is being removed/overwritten due to the "threatening" letter received today from the law firm of Lamberth, Cifelli, Stokes, Ellis & Nason, P.A.  

This report is being removed today June 24th, due to a letter received from the law firm of Lambert, Ciffelli, Stokes, Elis & Nason, P.A "threatening" me.

This report is being removed today June 24th, due to a letter received from the law firm of Lambert, Ciffelli, Stokes, Elis & Nason, P.A "threatening" me.

I am writing to publicly disagree with the negative report posted in regards to Nicholas Brown and the BrownDaniel Team.  Nicholas is a consummate champion of his clients and displays a high level of both competence and integrity on a consistent basis. 

In the negative report, Nicholas is accused of advising his client against accepting an offer where a portion of the financing would be through a certain bank.  Real estate transactions are typically very heavily dependent upon mortgage loans.  Thus, an offer with a mortgage component that is, in the seller's mind, less likely to close is a lesser offer, all else being equal. 

To me it sounds like Nicholas was just protecting his client, the seller, from entering into a contract that had a greater likelihood of failing than a similar offer with a different financial institution.

Kudos to Nicholas for providing such excelllent customer service.  I have used Nicholas' transactional real estate services many times, and have always been more than pleased with the results. 

This review is to warn prospective buyers looking to purchase a home in the Atlanta market, about real estate agent Nicholas Brown (“Brown”), BrownDaniel Group with Beacham & Company.

Homes listed for sale with Nicholas Brown and BrownDanial Group, with Beacham & Company are engaged in a pattern and practice to force potential homebuyers who submit offers on those homes and pre-approved through Brand mortgage (“Brand”), to apply for new mortgages with a different lender, “or else” Brown will recommend the Seller outright reject their purchase offers.  The reasoning, is Brown claim, that a “few” of his loan closings “blew up” at the closing table because of Brand Mortgage.

For the record, a local real estate agent had earlier recommended Brand Mortgage to me.  I have no prior transactions with Brand; no connection with them in any way except for having been pre approved for mortgage.

I am a 55+ year old, single professional woman, employed full time and highly regarded in my field.  On June 15, 2014, I submitted an offer through my real estate agent to purchase a small, modest home listed with Nicholas Brown at Beacham & Company.   On Sunday June 16, 2014, my agent called me with the Seller’s counter offer, one point, being that I obtain a new mortgage with different company, or else Nicholas Brown would recommend my offer be outright rejected, and, that “he had the Seller’s ear.”  Moreover, the agent informed me that another offer had come in as well.

I had been looking for a home for quite awhile, felt fortunate to have found a small, modest “nearly perfect” home within my budget, and with another offer on the table, I reluctantly agreed to apply for a new mortgage and signed both the Counter Offer and Binding Agreement.   The State of Georgia, Counter Offer to or Modification of the Unaccepted Original Offer, Section E, Other Modifications to the Original Offer stiplulates (Exhbiit A)

“Buyer agrees to use an alternate lender than Brand Mortgage.  Buyer to notify seller within 48 hours of the Binding Agreement.”  (Exhibit B)

Almost immediately, having juggle begining the mortgage application process all over again, submitting documents, answering questions, waiting for call backs, a full time job (with a long, grueling daily commute) and complete all within 48 hours of the Binding Agreement proved impossible for one person to manage.

Over the next 48 - 72 hours, the chaos escalated in the rush to apply with two mortgage lenders, one of whom gave me the run around, “changed their story” and whose numbers contradicted another lender.  Unfortunately, due to intense chaos and duress by being forced to hurridly apply for a new mortgage, I had no option but to terminate the purchase agreement and let the home slip away - due to Nicholas Brown’s unethical behavior toward myself, Brand Mortgage, to satisfy his thirst to blackball and seek revenge against Brand Mortgage. 

Any rebuttals or repudiation of the facts stated herein made by Nicholas Brown, the BrownDanial Group and/or Beacham & Company, or anyone acting on their behalf, is a lie, as I have a signed Counter Offer, signed Purchase Agreement, documentation and witnesses, to demonstrate otherwise.  There is no defense for the indefensible. 

This post is to warn prospective buyers looking to purchase a home in the Atlanta market, about real estate agent Nicholas Brown (“Brown”), BrownDaniel Group with Beacham & Company.

Homes listed for sale with Nicholas Brown and BrownDanial Group, with Beacham & Company are engaged in a pattern and practice to force potential homebuyers who submit offers on those homes and pre-approved through Brand mortgage (“Brand”), to apply for new mortgages with a different lender, “or else” Brown will recommend the Seller outright reject their purchase offers.  The reasoning, is Brown claim, that a “few” of his loan closings “blew up” at the closing table because of Brand Mortgage.

For the record, a local real estate agent had earlier recommended Brand Mortgage to me.  I have no prior transactions with Brand; no connection with them in any way except for having been pre approved for mortgage.

I am a 55+ year old, single professional woman, employed full time and highly regarded in my field.  On June 15, 2014, I submitted an offer through my real estate agent to purchase a small, modest home listed with Nicholas Brown at Beacham & Company.   On Sunday June 16, 2014, my agent called me with the Seller’s counter offer, one point, being that I obtain a new mortgage with different company, or else Nicholas Brown would recommend my offer be outright rejected, and, that “he had the Seller’s ear.”  Moreover, the agent informed me that another offer had come in as well.

I had been looking for a home for quite awhile, felt fortunate to have found a small, modest “nearly perfect” home within my budget, and with another offer on the table, I reluctantly agreed to apply for a new mortgage and signed both the Counter Offer and Binding Agreement.   The State of Georgia, Counter Offer to or Modification of the Unaccepted Original Offer, Section E, Other Modifications to the Original Offer stiplulates (Exhbiit A)

“Buyer agrees to use an alternate lender than Brand Mortgage.  Buyer to notify seller within 48 hours of the Binding Agreement.”  (Exhibit B)

Almost immediately, having juggle begining the mortgage application process all over again, submitting documents, answering questions, waiting for call backs, a full time job (with a long, grueling daily commute) and complete all within 48 hours of the Binding Agreement proved impossible for one person to manage.

Over the next 48 - 72 hours, the chaos escalated in the rush to apply with two mortgage lenders, one of whom gave me the run around, “changed their story” and whose numbers contradicted another lender.  Unfortunately, due to intense chaos and duress by being forced to hurridly apply for a new mortgage, I had no option but to terminate the purchase agreement and let the home slip away - due to Nicholas Brown’s unethical behavior toward myself, Brand Mortgage, to satisfy his thirst to blackball and seek revenge against Brand Mortgage. 

Nicholas Brown committed tortious interference by forcing potential home buyers to cancel their agreement with Brand Mortgage.

Any rebuttals or repudiation of the facts stated herein made by Nicholas Brown, the BrownDanial Group and/or Beacham & Company, or anyone acting on their behalf, is purely a lie, as I have a signed Counter Offer, signed Purchase Agreement, documentation and witnesses, to demonstrate otherwise.  There is no defense for the indefensible.