Complaint Review: REMAX ALLIANCE - BETH BAKER OWENS

Ethics Complaint Concerning: Beth Baker Owens Re/Max Alliance DTC AKA Re/Max Metro Properties
5350 South Roslyn Suite #150
Greenwood Village, Colorado 80111

I signed a listing contract to sell my home at (((ROR redacted address))) Aurora Colorado with realtor, Beth Baker Owens. My contract states "After June 19, 2006, the seller may notify Agent in writing to terminate this agreement." There is absolutely no mention in the contract any penalty for fee doing so. Beth explained at the signing that I may choose to terminate the contract for any reason in writing after that date. She used this clause at the time as a selling tool to make me feel comfortable signing the contract to sell my home.

There is also another area in the contract that states that the seller is not responsible for any debts incurred by the Realtor in the marketing of the home.

I received notice in early August from my mortgage company that my interest rates would be going up to 12% in September 2006. I started the process of refinancing and received some offers I was considering from different companies. When asked about the value of my home I told them it was on the market for $230,000.00. At that point the lender told me that he or no other lender would refinance the home so long as it was listed on the market.

I received an email from Beth on August 19, 2006 asking to meet with me to discuss market conditions. She has asked that I drop the price on my home several times. I am unable and unwilling to lower the price of my home. It has not sold in the three months that it was on the market and I felt it was in my best interest to take the home off the market, refinance and wait the market out.

On August 20, 2006, I notified Beth in writing that I wanted to take my home off the market and terminate the contract. She stalled and insisted that we meet. I explained to her that my father had just had major surgery and that was not possible and that I just wanted her to take the home off the market so I could refinance. Then she said I had to pay $250.00 "transaction fee" to help cover marketing expenses. When I asked her to show me where that was in the contract, she couldn't show me. It is nowhere in the contract. In fact it states in my contract that the seller is not responsible for any fees incurred by the Realtor to market the home. Then she emailed me a form, she stated was required by the state commission, that I must sign to terminate the agreement and take my home off the market.

The form is an "Agreement to Amend/Extend contract with broker". Within this form, she typed "Seller will pay Re/Max Alliance, DTC a transaction fee of $250.00 to terminate the agreement to defer some of the marketing costs."

In doing this she has:Committed fraud by:
1. Misrepresenting the purpose of the form
2. Misrepresenting the requirement of this form in order to terminate the listing by the commission
3. Misrepresenting the requirement of the signing of this form in order to terminate the listing and contract

Committed extortion by:
1. Using coercive tactics to extort money, $250.00 from me, by creating a situation where I was loosing far more money by not being able to refinance, than I would by amending the contract under duress, which she is creating by refusing to remove the listing. She is required by contract to terminate the contract by the terms of the contract.

Committed Breach of Contract and has failed to perform according to the contract by:
1. Failing to terminate the contract and end the listing in a timely manner, as, according to contract, she was required to do.

Meanwhile she scheduled two showings of my home, knowing full well that I wanted it taken it off the market. I was not notified of either showing. I had taken the key out of the lockbox because the house was no longer for sale and the Realtor, Eileen Pero showed up and could not get in. Then she scheduled another one and I did not find out until the company called to cancel the scheduled showing. This is unethical, unprofessional and very rude to all parties involved. The realtor's name is Eileen Pero and can be contacted at e.pero@comcast.net. This is a violation of Colorado state law State Statute 6-2-114 in addition to violation of the Code of Ethics.

I have refused to sign this form. She now says I can just scratch out the clause containing the $250.00 and sign it. Again she is committing fraud and is misrepresenting the purpose of the form. The form does not in any way terminate the contract. She is attempting to give me legal advice by telling me that it is acceptable for me to scratch out that part and sign the form. She is not an attorney, yet she is giving me legal advice.

She came to my home, uninvited, to get her sign, lockbox and small plastic basket with comment cards and pencils. She got her sign and lockbox and demanded that my son look for her plastic basket. She then initiated conversation with my son regarding this dispute, telling me son details and stating that she cant understand why I wont sign the amendment form. I consider this to be highly unethical, a serious violation of privacy, and defamation of character. My son was very uncomfortable speaking with her about my business and told her she would have to speak directly with me on that issue.

She has refused to take my home off the market until she gets the signed form and I have lost nearly 2 months time that I could have already been refinanced to a lower rate.

I contacted Brad Katz, her supervisor and left a phone message. He asked John Campbell to call me and take care of this situation. He called me and I explained the situation in detail and he told me that Beth had only told him that I did not want to pay the transaction fee. She failed to mention the rest of her actions. He was professional and apologetic and was going to take care of the situation and get back to me. I offered to forward to him the emails. He declined. John had difficulty reaching me for a week, because my father's wound had severe complications requiring a lot of my time. I called John about 1 week later, angry that my listing was still on the web site as "active". At his point he told me that Beth still required that form to amend be signed by me before she would terminate the contract and take my home off the market. He stated she needed for her records. With that statement from John and his request that I sign the form for Beth in order for her to take my home off the market, I consider him complicit in this action. I told John that I would not sign the form and that I did not trust Beth. I told him that another realtor told me that no form was needed and that the only thing that was needed was the original written request that I gave Beth on August 20, 2006. At that point, he said he "would take care of it".

I asked if he had read the emails and he stated he had not. I offered to send them to him and he did not respond. I have not heard from Beth, John or anyone from Re/Max telling me that they have removed the home from the market. I need written notice that the home has been removed from the market.

On October 4, 2006 I sent Beth a letter, along with her plastic basket, customer cards and pencils by Certified Mail, Return Receipt. I received the receipt back on October 6, 2006. In this letter I demanded that my home be taken off the market immediately and that she notify me in writing the action she has taken. I notified her that I considered the contract to have been terminated effective the day of my original written request to her on August 20, 2006. I told her that since I am contemplating legal action, that phone calls and personal meetings are inappropriate. I have not received any kind of notification that my home has been removed from the market. I am required to have written notice for my lender that my home has been removed from the market. I also notified Beth that my damages continue to accrue.

I have found my home still being offered for sale as late as October 4, 2006. On October 11, 2006, I found that my home has now been reported as being sold on the listing website Tulia Real Estate Search. I most certainly will not be able to refinance with my house listed as being "sold". I believe this is another deliberate attempt to delay my ability to refinance. I still have not received any written notice as to the action Beth Baker Owens has taken in this situation. Her incompetence, greed and lack of personal and professional integrity is nauseating.

I have filed a complaint with the BBB, Complaint case # 75006055. Neither Beth, nor Re/Max responded before the October 3, 2006 deadline. This really lacks professional ethics on both their parts. The BBB has extended the deadline to October 14, 2006. They are investigating.

I have filed a formal written complaint with the Colorado Division of Real Estate. This is case number 80356771. This case has been assigned to investigator Daryl Lay, and is still under investigation.
I have filed a formal complaint with the Federal Trade Commission. The case # is 9148432. I filed a complaint with RE/MAX International Headquarters. I have gotten no response from them so far.

I am very concerned about the deceitful behavior of Beth Baker Owens. I think that anyone who would stoop to these tactics would also be dishonest in other ways. I am grateful that I communicated by email and that I have documentation of this. I am fearful that others that have dealt with her may have not been as fortunate.

Thank you very much for your time and consideration. I am submitting this in good faith in the interest that other consumers will not be subject to such unethical behavior from a realtor, thus giving the entire industry a black eye.

Higher Standard
Aurora, Colorado
U.S.A.

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