Debra
COTTAGE GROVE,#2Author of original report
Fri, September 15, 2006
i am so glad i have a voice that can be heard. i was able to tell the internet world how i was wronged, and i feel alot better.i see numerous ripoff reports for remax real estate, and it is really no surprise to me. it is not remax real estate in general,it is the brokers/agents that give it a bad name.if only the had listened in the code of ethics class, and had learned a standard of care, they would probably not be included in the ripoff report.i hope i win the civil case for my daughter. they wronged her, really.shame on them.the broker should have never, ever, ever said we had clear letters, when, in fact, we do not. i wish they would rebutt.they just did not care after closing, and they made their buck.what a screwed up way to pay bills.will update after court.they will probably drag it out to no end.but, we have plenty of time.i will not give in to retaliation, either.bring it on, big bad brokers!
Debra
COTTAGE GROVE,#3Author of original report
Wed, September 13, 2006
I will try to get the neighbors to sign the papers, and they were also the previous buyers but could not get funding for purchase. The previous owner was in fact still recieving mail at the address after we moved in, it was state farm insurance to be exact. Even if the neighbors do not step up, the failed to disclose the material defects.i can sue fornondisclosure of material defects. Our broker was a re newbie, being a broker less than 1 year. My case(s) are very good, and GOD be willing I win for my daughter, who is 6, whom I bought the house for, and is in her name. Thanx for your input.
Jack
Lewistown,#4Consumer Suggestion
Wed, September 13, 2006
Again, I know Pennsylvania law but something similar should apply where you're at. What it sounds like is you being able to prove the sellers had knowledge of the problems. You could do that by finding some proof they actually lived there. Something from the neighbors, receiving mail at the address, anything like that. That's the key to your case. However, if nobody steps up and says they did, you may be out of luck. It isn't uncommon here for sellers handling estates and flips to truly have no knowledge. Banks claim nothing in the way of knowing since they've never seen the property in person at all. A good agent working an out of town deal like yours, like I do a lot, has the responsibility to provide you via email, fax or mail, every document related to your being able to make a sound decision to buy or pass. To hold back any paperwork in order to make a deal is a serious issue. Best of luck!
Debra
COTTAGE GROVE,#5Author of original report
Wed, September 13, 2006
I have found that the real estate agents false statements make her liable. I also purchased this home while living in nc, and my broker handled all the paperwork. I did not recieve anything until after closing, approximately 6 days later. When she stated 'you have clear letters' she made a false statement. We relied on this statement being we were 800 miles away. Also, I thought we knew what as is, as stated, with the contingencies being met, via statements from laura hays. And, when asked for the disclosure from the sellers after we discovered the major problems, her broker replied that she did not require her to fill it out for the 3-yr property disclaimer that she had NEVER AT ANY TIME resided in the home, THOUGH THE NEIGHBORS STATE OTHERWISE. Also, the previous buyers were told of the flooding basement and the graywater pipes. The mold, the graywater pipes and the electrical are all material defects, and by law they must disclose them, as is or not. ALSO STATED, the as is disclaimer was signed after closing. It could very well be null and void. It is only a civil court case, because the lawyers wanted too much money and I just want it fixed, not to be rich. Again, I did not recieve any of the paperwork until 6 days after closing, being the distance. we relied on the broker to do her job. Obviously, she did not do her job, she lied. nor did the sellers, they lied. nor their broker, which should have acted with a standard of care. I hold all of them liable.
Jack
Lewistown,#6Consumer Suggestion
Wed, September 13, 2006
While I'm not familiar with your state's RE laws, in Pennsylvania, we must, by law......... ...have the seller furnish a disclosure which clearly states what they know to be wrong with the property. This must be received and signed by anyone who places an offer. Should we not furnish same prior to the offer being written, we can be held liable. If they know nothing about the property so be it. This is common with estates and foreclosures. ...If we have any personal knowledge of any false entries on the disclosure or of any problems with the property and we fail to tell a possible buyer, we can be held liable. If we're dealing with an outside agency, we may honestly not know of any problems with a disclosure. This would fall back on you to try and prove the other agency knew of something that they didn't disclose. ...any inspections conducted must be done by a licensed professional with same being done within the time frames specified in a contract. Reports must be delivered in a timely manner within the contingency period for the buyer to review and respond to. Should these not be delivered within the contingency period, we may be held liable if we had them and the buyer did not get a personal copy for review. ..."as-is" is just that, a property is being sold as it stands with the sellers offering no repairs to same. With that understanding comes the right mentioned above, to have a property inspection done in a timely manner. ...any and all paperwork must be presented before the final closing takes place. Anything after that is pointless once the papers are signed. With that, some things need to be checked like dates on the contract and so on, also some personal responsibility perhaps. ...If any inspections took place outside the specified dates of the contract, there could be a problem. ...you didn't receive all your paperwork for personal review? Some of that does fall back on you. Ask, demand, threaten to back out, anything to get what you need. Once you get it, find a loophole to get out and find another agent. It's a sad truth that many in RE fail to provide a level of knowledge and service that's legally required. Personally, I don't care if the agent in the desk across from mine is a personal friend. For my customers we follow the contract to the letter and my only goal is to make sure it's done fairly and honestly.
Debra
COTTAGE GROVE,#7Author of original report
Tue, September 12, 2006
Going to civil court 9/18. hopefully, they wont drag it out. will keep everyone posted. i am hoping to put pictures of the homes condition on this site as well as pics of l. hays and g. doster. i also plan on taking g. doster of bass realty and geraldine and jack alderson to court for non disclosure of material defects, possible fraud for signing they had never resided in the home prior to. also, they were so brazen to put air fresheners inside the paneling in the basement so we could not smell the mold, and they also put 1 in the hvac and hung them around the house. we also discovered gray water pipes leading to our pond, which on the mls states the property includes a pond, but really only included 3/4 of a pond.i wonder if they know graywater can cause legionnaires disease? there is more to tell, so i will keep on adding additional comments.