Susan McGougan - ReMax Of Nanaimo - homesnanaimo.ca, is guilty of unethical behaviour, negligence and incompetence (professional misconduct) + failing to protect her clients' interest and fairly represent the situation to potential purchasers of 266 in order to make a commission as quickly as possible Nanaimo British Columbia
Susan McGougan - www.homesnanaimo.ca, a ReMax of Nanaimo realtor, is guilty of unethical behaviour, negligence and incompetence (professional misconduct). She failed to protect her clients' interest or fairly represent the situation to potential purchasers in order to make a commission as quickly as possible.
I went to see 266 Frankies Place, a rancher in Nanaimo with my realtor. I loved it and asked my realtor to set up a 2nd viewing with an intent to submit an offer. Unbeknown to either of us, however, someone had already submitted an offer on the property the morning of our day of viewing, yet Susan McGougan had negligently failed to inform us of this, so when he went to set up the 2nd viewing found about it too late.
I am British and in England we can "gazump", which means that up until the day the purchaser moves in, we can offer the seller more money to sell the property to us instead. Unfortunately, the laws are different in Canada, which means that it is far more vital that a potential purchaser is informed of the status of the situation.
In desperation and not knowing what else to do, I knocked on the sellers' door and told them what had happened, and that as a result, I had lost the chance to make an offer on the property, which meant that they had lost the opportunity to make more money on it as 2 potential purchasers could have ended up bidding each other up. I also told them I felt that their property was seriously undervalued compared to the many others I had seen and that Susan, their realtor, had underpriced it. I gave them some examples. Les & Debbie, the sellers, were v. upset by all this information. They said that they had been inundated with viewings, but had felt "a tremendous amount of pressure" to accept it, but said they would talk to their realtor, Susan McGougan the next day to see what they could do as they were v. sympathetic to my situation.
The following morning my realtor called me to say that Les & Debbie had not actually submitted the contract and were now refusing to hand it back, which meant that I had the chance to submit an offer after all! I raced to my realtor's office and put in an offer that was $3000 above the asking price of $325,000 and had fewer subject removals, but to my horror I received a call from my realtor to say that Les & Debbie had decided to go with the other side after all for reasons that had nothing to do with money. I subsequently discovered that although the contract had not been submitted, the person who had put in the original offer had instructed a lawyer to coerce, bludgeon and frighten Les & Debbie into returning the contract on the basis of their verbal agreement, something that would hold no water at all in the UK.
Since then I have unsuccessfully tried to seek assistance from several lawyers and have been so distressed over the unfairness of the situation that my health has plummeted. As I have MS (multiple sclerosis), this has dire implications and potential consequences. The rancher was quite gorgeous and despite seeing 100s of other properties, have been unable to find anything like it, especially for the price. It was the perfect size (3 bedrooms, 2 bathrooms and 1350 sq ft) and had the perfect interior in terms of both layout and colour scheme - light laminate flooring and neutral tones of paint throughout, a maple kitchen with tons of storage that is totally rare in Canada,
Debbie
NANAIMO, British Columbia
Canada
2 Updates & Rebuttals
Debbie
NANAIMO,British Columbia,
Canada
Apology to Susan McGougan
#3REBUTTAL Individual responds
Wed, May 14, 2008
Copy as promised....
I am writing an apology to Susan McGougan. I come from England, where the real estate laws are v. different to the ones in Canada and I have been quite devastated by losing 266 Frankies Place and my helplessness to do anything about it. Susan has taken the time and trouble to explain to me at length, however, that what happened was an unfortunate accident and the reasons for this, and said she wishes she could put matters right. She is obviously equally distressed about the matter. I therefore retract the hurtful, unkind and unwarranted comments I made about her and their potential impact on her business. If there is a lawyer out there who can help me get the property back without hurting Susan further though, then please contact me.
Debbie
Harbour City Real Estate Guy
Nanaimo,British Columbia,
Canada
Questions for Debbie?
#3Consumer Comment
Wed, May 14, 2008
Debbie,
You have posted several complaints on this Licensee on this website, if you feel so strong about what happened, why didn't you insist on making an offer right away?
The listing at 266 Frankies Place was signed and started April 14, 2008, and sold April 18, 2008, for full list price. It moved very fast. Susan did not double end or represent the buyer, it was another realtor in her office. This house was not on the market long, if you liked it so much you should have communicated to your realtor that you would like to make an offer, the day you saw it. If you were not that motivated that day to do it, then you missed out. It would be one thing if you communicated it, and Susan just goofed off doing something else and you missed out, then she would be in breach of her Fiduciary Duties to you. But that did not happen, you Debbie were asleep at the wheel. You thought you could wait on it and look at other places first. Your now pissed off and having a tirade on Susan.
If the Seller gets one offer or multiple offers the first day, or first few days, or three months later, price does not always dictate what the Seller ultimately decides on. You may have submitted an offer that was $3,000.00 more than the list price, but by your own words you state that you had conditions or subject to's. Did it ever dawn on you that maybe the offer they decided to accept may have been less in price, but no conditions, or only one? See what I mean? Susan can't tell you what the details are of competing offers coming in, or she would be in breach of her Fiduciary Duties to the Seller.
You ultimately from your own compliant did at one point get into a multiple offer situation, you were allowed to put in an offer, while the Sellers had already received one from someone else, but had not 100% committed to either. The lawyer your bitching about knows that all contracts in respect to land have to be in writing. Since you are so familiar with British Law you should be familiar with section 59 of the Law and Equity Act, put in around the 1600's time frame. Most Canadian Law comes from British Common Law. The Lawyer can't just say it is verbal, things are said verbal all the time in real estate, none of it means a thing if you don't have it in writing. No matter what the lawyer says it is up to the Sellers to decide what offer they want to accept. I'm sorry but don't think the lawyer put a gun up to your head, or anyones head. The Sellers simply chose to take the offer they liked the best.
The Sellers did not accept your offer, in the future if it is a new listing and you really like it, and you feel it is under priced, then put in your offer, get a good deal on it, don't knock on the door and tell the Sellers you want to pay more money, do that in your offer. The Seller will accept, reject or counter it. If your realtor won't do an offer up for you, find one that will. Instead by your own words you admit to going behind your realtors back and talking to the seller directly. You thought being sneaky would help you get your way. It back fired on you, you also probably got the Sellers thinking that your weird. If they have a realtor then deal with the realtor. Your bitching about Susan supposedly not following the rules but you by your own admission make up the rules as you go along. That is being a hypocrite Debbie.
Debbie you were a day late and a dollar short, you have no complaint here against Susan. You also go into how you know British Law and how to do things, does that include making libel and false statements against people? Susan is a professional who you have attacked personally and not only posted one complaint but several and have attacked the lawyer too. If I were you, I would hope and pray that Susan and the lawyer don't pursue damages from you for libel including false and defamatory statements. If I were you Debbie I would shut my trap, and apologize on all the complaints you posted on this site, not just one of them. I would apologize to the lawyer too.
You can look for lawyers all day, and it sounds to me that you have attempted to get some legal advise. Let me guess, the lawyers you talk to don't want to help you? Do you know why? Because you don't have a case.
Debbie has posted the following at the beginning of her complaint on Susan:
Susan McGougan - ReMax Of Nanaimo - homesnanaimo.ca, is guilty of unethical behaviour, negligence and incompetence (professional misconduct) + failing to protect her clients' interest and fairly represent the situation to potential purchasers of 266 in order to make a commission as quickly as possible Nanaimo British Columbia Susan McGougan - ReMax Of Nanaimo - homesnanaimo.ca
Debbie can you 100% prove everything you have said? You should think about the statements you are making in print and text before you know if they are true or not. You have said she is guilty of this and that, by what court? By the Court of Debbie?
The other thing that bothers me is you use the excuse in your apology that you have MS, that still does not excuse the cowardly way that you have attacked Susan. Shame on you, Shame on you. You need to apologize on all the complaints you posted not just one, you coward.