- Report: #209297
Complaint Review: Re-Max David Alexander Realtor Pat McCrae Realter - Junction City Kansas
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Re-Max David Alexander Realtor Pat McCrae Realter
801 W 6th St., Junction City, 66441 Kansas, U.S.A.
Phone:
785-762-5263
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Re-Max, David Alexander, Realtor, Pat McCrae, Realter Real Estate Rip off, and the Corporate Re Max doesn't care - They got their money Junction City Kansas
I was being moved to Junction City by my new employer, and had only a short time to move. I contacted ReMax and spoke with Pat McRae, who agreed to show me some houses. When we got to Junction City to look at houses, she explained that she had several houses for us to look at, and one was owned by someone else who worked in her office, David Alexander. We looked at several house, including Mr. Alexander's house. We liked his house, but it was obvious that there had been some problems in the basement, so we were concerned about that.
When we agreed to write a contract, Ms. McRae telephoned Mr. Alexander and he came in to the office to meet us. He explained that the damage in the basement had happened before he owned the house, but that it had been fixed. He also indicated that it was a water pipe problem, that the old owner's daughter had asked for the water to be turned on, but had not known about the pipe issue and it had flooded the basement.
We asked again if there were any problems, and I told them I wanted a home inspection done. Since we only had 2 weeks to close, it would be pushing it, I knew. Mr. Alexander and Ms. McRae both told me it would be impossible with the timing we had, because it took so long to get the inspection done and back. I explained again I wanted one, and they again told me it wouldn't work. I finally agreed, because I knew that I had to move in on the 10th of August, and it was already the end of July.
This had been a dry spell in the Junction City area, so there was not obvious wetness in the basement. When we moved in, all seemed fine, but at the first good rain, we knew we had been lied to. The basement not only leaks, but leaks through the walls and will have to be completely redone. The pipe that they had told us was fixed was not fixed, and needs to be replaced as well.
When I called Ms. McRae, she indicated that she was sorry, but that it was Mr. Alexander's issue. Mr. Alexander indicated that he didn't care.
I called Corporate ReMax, who told me that it was not their issue, as it was a franchise. I asked if it was their habit of having their salespeople lie, manipulate and break the law based on what had happened, and they indicated that it wasn't their issue again.
I have not been able to get an answer as to who is going to pay for this, (assuming, I guess, it will be me), but I have filed a lawsuit against Remax, as well as a complaint with the Kansas Attorney General's office and the Kansas Real Estate Commission, since what Ms. McRae and Mr. Alexander did happens to be both against the law and against the commission's code of conduct.
DO NOT use ReMax for any Real Estate Deal!!
Patricia
Junction City, Kansas
U.S.A.
When we agreed to write a contract, Ms. McRae telephoned Mr. Alexander and he came in to the office to meet us. He explained that the damage in the basement had happened before he owned the house, but that it had been fixed. He also indicated that it was a water pipe problem, that the old owner's daughter had asked for the water to be turned on, but had not known about the pipe issue and it had flooded the basement.
We asked again if there were any problems, and I told them I wanted a home inspection done. Since we only had 2 weeks to close, it would be pushing it, I knew. Mr. Alexander and Ms. McRae both told me it would be impossible with the timing we had, because it took so long to get the inspection done and back. I explained again I wanted one, and they again told me it wouldn't work. I finally agreed, because I knew that I had to move in on the 10th of August, and it was already the end of July.
This had been a dry spell in the Junction City area, so there was not obvious wetness in the basement. When we moved in, all seemed fine, but at the first good rain, we knew we had been lied to. The basement not only leaks, but leaks through the walls and will have to be completely redone. The pipe that they had told us was fixed was not fixed, and needs to be replaced as well.
When I called Ms. McRae, she indicated that she was sorry, but that it was Mr. Alexander's issue. Mr. Alexander indicated that he didn't care.
I called Corporate ReMax, who told me that it was not their issue, as it was a franchise. I asked if it was their habit of having their salespeople lie, manipulate and break the law based on what had happened, and they indicated that it wasn't their issue again.
I have not been able to get an answer as to who is going to pay for this, (assuming, I guess, it will be me), but I have filed a lawsuit against Remax, as well as a complaint with the Kansas Attorney General's office and the Kansas Real Estate Commission, since what Ms. McRae and Mr. Alexander did happens to be both against the law and against the commission's code of conduct.
DO NOT use ReMax for any Real Estate Deal!!
Patricia
Junction City, Kansas
U.S.A.
5 Updates & Rebuttals
Patricia
Junction City,Kansas,
U.S.A.
Email from Re-Max:
#2Author of original report
Tue, September 19, 2006
Dear Patricia: I received your email concerning a problem you encountered involving Pat McRae, Sales Associate and David Alexander, Sales Associate/Owner of RE/MAX Properties in Junction City, Kansas. As you may know, RE/MAX International is an international franchising organization made up of thousands of independently owned and operated real estate offices. Although the offices are licensed to use the RE/MAX name and service mark, each is a separately owned business. Real estate sales associates work as independent contractors out of each office. Neither RE/MAX Mid-States and Dixie Region, which has been granted the right to sell franchises in the state of Kansas, nor RE/MAX International, can legally manage or control the day to day activities of either the independently-owned office or the individual sales associates who work within the office. Both RE/MAX International and RE/MAX Mid-States and Dixie Region are also independently owned and operated. Nevertheless, when a situation such as this is brought to our attention, we want you to know that we care and do what we can to try to assist in resolving problems. Since receiving your letter, I have forwarded a copy of it to RE/MAX Mid-States and Dixie Region for their review. If you would like to contact RE/MAX Mid-States and Dixie Region yourself, you may do so at: 800-397-3629 and ask to speak with Steve Aulgur. We at RE/MAX International believe that the RE/MAX Network of offices and sales associates is the finest real estate organization in the world. Our excellent reputation is the result of a commitment on the part of each RE/MAX Affiliate to provide the finest in professional real estate services. As with any business, however, occasional problems such as those expressed by you will arise. It is our sincere hope that this matter can be amicably resolved. It is our further hope that all involved will benefit from this experience and will have improved relationships and communications in the future. Your willingness to communicate your concerns to us is not only appreciated, but is extremely important to our organization. We are committed to finding better ways to serve the public and while we cannot change your experience, we can try to learn from it as we strive to improve our services to the public. Thank you for bringing this matter to our attention.
Skip
West Palm Beach,Florida,
U.S.A.
Sound Like You've Taken the Right Steps
#3Consumer Comment
Tue, September 05, 2006
Patricia, it looks like you've taken the right steps to get this resolved. The Code of Ethics complaint probably will not result in much, since these are handled in house at the local Realtor board. The complaint to the state liceinsing board is much more serious for the brokerage. They have the legal ability to fine, suspend or even revoke the licenses involved. And since Agent #2 is also the broker of the office, he gets a double whammy, since the broker is considered to be responsible for the actions of all persons licensed under his brokerage. Good luck. Be sure to post the outcome here.
Patricia
Wichita,Kansas,
U.S.A.
Thank you. . .
#4Consumer Suggestion
Mon, September 04, 2006
He is, in fact, the owner of record, and his son lived in the house for some time before he sold. I have let them know that I have filed reports. He is also the Broker/Owner of the Re-Max office that I went through, so as the broker, he is well aware of what the problems of non reporting are. Kansas law, and the Real Estate Code of Ethics, both of which I researched before filing the report, state that it is against the law and the code of ethics to misrepresent/lie/not disclose materiel that may be harmful to the new owner, which this definately is. (Kansas Real Estate Commission Article 2, Kansas State law 58-30,106, c-f) Mr. Alexander, the agent who owned the house, and Ms. McRae, the agent who sold the house, both advised me AGAINST getting an inspection, and I did NOT sign that I didn't want one, I refused that particular piece of paperwork, so I am covered there.
Skip
West Palm Beach,Florida,
U.S.A.
You Took the Right Steps
#5Consumer Suggestion
Mon, September 04, 2006
At the end of your post, I see you have taken the right steps to solve this. I am not familiar with the Real Estate codes in Kansas, but almost every state requires that the seller disclose in writing any issues with the property that would cause a buyer future problems. Water in the basement would fall into this category. You might also check you paperwork (the HUD-1 specifically) and be sure the seller was definitely the 2nd agent. That 2nd agent might be only an agent for the seller and you might have a case against the daughter of the deceased owner. On the inspection issue, did they have you sign anything that stated you did not want an inspection? Normally, in real estate we encourage people to have an inspection and have them sign something that states they have been advised to have an inspection and decided not to have one done. I would be sure to copy each of the agents involved as well as the broker of the office with a copy of the complaints filed. Let them know you're mad and you're not taking it lieing down.
Skip
West Palm Beach,Florida,
U.S.A.
You Took the Right Steps
#6Consumer Suggestion
Mon, September 04, 2006
At the end of your post, I see you have taken the right steps to solve this. I am not familiar with the Real Estate codes in Kansas, but almost every state requires that the seller disclose in writing any issues with the property that would cause a buyer future problems. Water in the basement would fall into this category. You might also check you paperwork (the HUD-1 specifically) and be sure the seller was definitely the 2nd agent. That 2nd agent might be only an agent for the seller and you might have a case against the daughter of the deceased owner. On the inspection issue, did they have you sign anything that stated you did not want an inspection? Normally, in real estate we encourage people to have an inspection and have them sign something that states they have been advised to have an inspection and decided not to have one done. I would be sure to copy each of the agents involved as well as the broker of the office with a copy of the complaints filed. Let them know you're mad and you're not taking it lieing down.
