Complaint Review: Prudential Americana - Henderson Internet

8-9-2011

Listing for property at $39,000


8-9-2011

Offer made by buyer for purchase of condo at $39,200.


8-15-2011

Counter offer from seller sent to buyer with condition that -

Buyer understands there is a tenant in the property whose lease goes until December 2011 (erroneous information, the terms of lease actually state January 31, 2012). 

Tenant will be allowed to remain in property through the end of his lease.  Tenant would like to renew lease when it comes up in December (again wrong month for end of lease stated December2011 when it was January 2012incorrect information given by buyer). 

8-15-2011

Seller agrees to terms with stipulated stated on contract TBD successful payment of deposit to Buyer, pet fee, signed 1 year lease. 

Buyer had advised there were no pets in condo and lease also stated there was no pet signed by the tenant.  Sellers agent had seen this with inspection of buyer and buyer advised of discrepancy to sellers real
estate agent Delinda Crampton.  Close of escrow to be December 7, 2011. 

11-7-2011

Seller receives approval from CITI mortgage and stipulates COE to be December 7, 2011.
 

12-6-2011

Seller waiting on HOA demands to provide to buyer.  Buyer never receives this document as required by Nevada Law.


12-7-2011

Close of escrow did not occur as stipulated by contract nor resale package given to buyer. Seller had not met terms of contract.  Tenant refused to sign lease, pay a pet fee and had not made any attempt to communicate his intentions.


12-19-2011

Buyer advised seller is unaware if tenant is still occupying property. Has not signed new buyers lease or met terms. 

12-20-2011

Buyer signed and emailed to Christina Perez cancellation due to Seller and sellers agent unable to meet terms of contract specifically:       

Current tenant not signing new lease    

Seller provided erroneous terms of lease ( end of lease stated as 12-30-2011 , when in fact it was 01-31-2012)
Tenant has pet against terms of lease which stipulate no pets and pet size above legal size allowed by HOA.
Current tenant unwilling to pay pet deposit.     Multiple issues brought to sellers agent, Delinda Crampton, in August and agent has not responded or communicated since showing condo in August 2011. Advised via email of signed cancellation to Delinda Crampton, who said she was not aware of this.


12-26-2011

Sellers agent Delinda Crampten states - I thought we were still trying to close on this? Also, I don't recall ever seeing the cancellation addendum back signed that we sent over to you. Buyer personally emails seller to
advise cancellation was sent on December 20, 2011.  The email was sent to all parties involved.  Both to buyers agent and sellers agent.

 
12-27-2011

Sellers agent says she is frustrated and has been trying to contact buyers agent and states she has not returned her communications.  Buyers agent states the same thing that sellers agent wont return her calls.
 
Buyer personally sends email to sellers agent and asks status of refund EMD.  On return email by sellers agent,
Delinda Crampton, ignores my request for refund of EMD and continues to move forward with the transaction even though advised personally by buyer of cancellation on December 20, 2011.
 
At this point buyer is concerned about being swindled and just wants to either get the property ASAP or get
refund for EMD.  Sellers agent is intent on selling property even though buyer does not wish to proceed due to nonperformance of contract.


12-31-2011

Sellers agent is now requesting buyer to pay for eviction of current tenant. An expense not agreed to in
contract!
 

1-2-2012

Buyer advises seller that in no case will he be involved in eviction of current tenant.  Buyer has agreement to purchase a condo only.  Nothing regarding eviction or payment for eviction.  Sellers has broken contract and is trying to change contract by pressuring buyer.


1-3-2012

Sellers agent and buyers agent try to move forward and discuss buyer waiving resale package for a savings of over $200.00 Buyer was not aware of this and never agreed to this.  Document for waiver was never signed by
buyer.  Agents are not performing their fiduciary duties to clients.


1-4-2012

Seller advises buyers agent, they have another offer and need a response by 5:00 pm from buyer. Also, requesting buyer to assume responsibility for current tenant and do the eviction once property is purchased in full. 


1-4-2012

Buyer replies via email.  NO.


1-4-2012

Sellers agent will not follow wishes of buyer.  Now asks to split eviction fees and if buyer REALLY wants to cancel the contract.

1-4-2012

Buyers agent advises Sellers agent and emails cancellation from buyer.

1-6-2012

Seller continues to move forward with transactions and makes promise that property will be vacant by January 30, 2012  and requests another extension. Buyer does not want to extend but feels he is being swindled and does not want to lose his $1,000 EMD deposit.  If property can be delivered he can salvage this transaction and not deal with these dishonest agents again.


1-6-2012

COE extended to January 30, 2012.  The following stipulations: -Seller will evict the current tenant at the sellers expense. -Buyer agrees to purchase the property and close escrow on the property after the property has become vacant and after buyer has submitted a walk through form acknowledging Buyers satisfaction
of the premises.

-Close of escrow to be 1-30-2012.


1-11-2012

Request for waiver of resale package.  BUYER does not agree nor signs document but agents still proceed.


1-12-2012

Buyer questions agents how COE can be 1-30-2012 when tenants lease is till 1-31-2012.   Buyer advised lets see what happens and neither listing agent nor seller know whats going on.


1-30-2012

Property is not vacant nor is buyer allowed to inspect property.  Sellers office states sellers agent is out of town and has no cell phone contact and thus with no key cannot see inside of property. 


1-30-2012

Sellers agent requests another COE extension till February 7, 2012.  Buyer refuses to make any further extensions due to nonperformance on seller and sellers agents parts.

 
2-1-2012

Agents again try to move transaction forward.  Buyer states NO. He wants refund of EMD due to nonperformance.


2-2-2012

Agent sends HUD statement to try to close again.  BUYER has said no but agents continue to ignore his requests.


2-8-2012

Buyer advised by sellers agent that they will not release EMD due to non-performance on BUYERS part. 
Seller then tries to split buyers EMD of $1,000 to keep $500.00.  Buyer does not agree.  Sees no basis for this and upset how unscrupulous agents have been during this process.

This dispute concerns the non-return of earnest money within a real estate transaction.  The Complainant had his own agent.  The Complainant attempted to buy real estate.  The Complainant did not succsefully close escrow.  

The Buyer and Seller now have a monetary dispute as to the release of the earnest money.  Buyer and Seller are each entitled to their position.  This dispute does not include the agents involved. 

The agents involved have been honest, professional and timely throughout the entire sale of this Property.  The vague negative statements are all false. 

Delinda Crampton is not to be trusted. Don't ever do business with this person.