ComplaintsforKeller Williams Realty

• Initial Complaint

  01/10/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  In October 2018 I purchased a home through Team ******* with Keller Williams and **** ****** as listing agent. In December 2021, I found out the seller of the home did not pay the land lease extension to 2061 from 2051 on the property. The seller did not disclose the land lease extension in any seller disclosures.The agent did not disclose the land lease extension to the buyer or mention it in the MLS data sheet however, the agent did note in the land lease expiration space of MLS sheet the year of 2061 not 2061. In December 2021 I found out the land lease had not been extended. During my discovery of the matter I found out through Falcon Lakes (land lease management company) that the seller had known about the land lease extension and started to fill out the paper work before I made an offer on the home. The seller did not pay or complete the paperwork. The home closed escrow in October 2018. I have contacted the agent and broker about this matter via email and phone conversation on 1/10/22 and they refuse to help or take any responsibility for their mistakes, or misrepresentations of the seller. The seller lied. I am asking for them to reimburse me for the land lease extension of $4000. The land lease extension is material information that should have been disclosed and the agent and seller knew about the extension and did not disclose it. If this matter was disclosed I could have negotiated it be paid for by seller.

  Business response

  01/26/2022

  I am responding to your letter dated January 16, 2022.  It indicates this is a "second notice".  I did not receive a "first notice" so I apologize for this tardiness.

  I have had ongoing communication with Mr. ***.  Unfortunately Mr. *** refuses to take any responsibility in this matter which closed escrow almost 4 years ago and at that time Mr. *** was a licensed real estate agent purchasing the subject property for his personal use.

  Escrow had sent Mr. *** the preliminary title report which stated the land lease expired 9/1/2051 and Mr. *** acknowledged and accepted this.  His stating seller knew of planned lease extension may be the case,that I do not know. Seller or property owner has the privilege of extending or not extending.    There was no provision in the purchase agreement to extend the lease.  The seller credited monies to buyer for conditions of the property and I do not know if those monies included extension of the land lease.  MLS data clearly specifies information provided is not guaranteed or deemed accurate.

  After 4 years of ownership Mr. *** is no longer a licensed real estate agent, is not happy with my response and has elected to extend the land lease and wants to be reimbursed by someone.  

  Very Truly,

   

  ******* C. **********, Broker

  Keller Williams Realty
  

  Customer response

  02/03/2022

  Hi,

  The broker ******* has not had ongoing communication about the matter. I called him and sent an email about the matter. We spoke twice and he would not help with the matter. I have provided him with the agents MLS information, the seller disclosures and final closing statement about the matter that shows the seller and agent knew about the land lease extension and or should have disclosed the information.

  In early 2018, Falcon Lakes Property sent out a letter to all homeowners stating they have an option to extend the land lease from 2051 to 2061. This happened before my offer on the property. In October on 2018 I closed escrow on the home. In December 2021 I found out about the land lease extension letter that was sent out to homeowners in 2018. This is why there is a 3 year gap. In order to extend the lease to 2061 I had to pay $4000. This was done in December 2021.

  Michael’s claims the buyer was given a credit at closing cost. Please review the buyer’s final closing statement. No credit was given. This is false statement by the broker and he is only going off what was stated in MLS info and not using the closing statements of buyer and seller to see that no credit was given.

  He is asking me to take responsibility for the matter however the seller and seller agent are 100% responsible for providing accurate information to buyer and buyer agent. How can I take responsibility for information that was not provided in the seller disclosures?

  I also want to point out that the Agents MLS data shows the land leases expiration of 2061. The agent believed the land lease expired in 2061. He knew about the land lease extension and that is why he put the expiration date of 2061. At the very least, the broker and agent are responsible for the accuracy of the MLS data. By entering the 2061 date in the MLS, this led me to believe the expiration date was 2061.

  The seller disclosures do not mention anything about the land lease extension and that information should have been provided in those disclosures. This makes the broker, agent, and seller responsible because that information should have been disclosed by all parties. At the very least, the broker and agent should have contacted Falcon Lakes to verify all information is accurate.

  The broker and agent are responsible for the accuracy of the MLS data and any pertinent information that may affect the sale of the property. They are also responsible for the accuracy of any documentation the seller submits. In this case, the broker and agent are responsible for the incorrect MLS data and wrong land lease expiration date. They are also responsible for the seller’s lack of information in the seller disclosures. The broker and agent should have asked the seller and also contacted Falcon Lakes Properties to verify the land lease expiration date. They should also have asked the seller about any land lease information or extension notices. The information should have been provided to the buyer and buyer agent. The lack of accurate information gave me no chance to re-negotiate the sale price of the property.

  Both the broker and agent refuse to help with the matter and are trying to lay blame elsewhere. They are being lazy and have not researched the information I have provided them. They have also provided you with incorrect information in their response about the matter. This is why I am asking the BBB for help.

  I have included with this letter the MLS date sheet, the seller disclosures and the buyers final closing statement. I am asking to be reimbursed for the land lease extension payment of $4000.

  Thank you for your time.

   

  ****** ***

  ###-###-#### cellular

  c******@yahoo.com

  
  

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