Complaints

• Initial Complaint

  10/31/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We went to *************************** after a friend referred her to us. We were addament that her commission be no more than 2.5% and an additional 2.5% for any buyer realtor. She ultimately wrote her listing contract so she would get 5% if there was no buyer realtor. She also negotiated our price down by $10,000 while representing the buyer and the sellers at the same time. This dual representation is illegal in Florida but Florida tropics writes some c*** into their contracts that works around the laws meant to prevent realtors from ripping people off. So ***** took $21,500 plus the $10,000 we planned on with the 2.5% she was supposed to be getting from the sale of our house. Beware of Florida Tropics and ***************************.

  

  Business response

  11/14/2022

  Hello BBB of west Florida Inc.

  Thank you for bringing the complaint to my attention, and thanks for updating my eMail address in the BBB system.  ***********************, the person who made the complaint, never contacted me directly or personally - other than a failed attempt to try to remain anonymous by sending an email through our company website. He entered ******************* as his email address, and obviously I was unable to reply to that, as it is a fake and derogatory email address.  I was able to obtain his correct email address from *************************, and I did send him a proper response with documentation. He has not replied to that email.  My personal response / answer to the complaint submitted to BBB of west Florida, is exactly the same response that I had emailed to this customer directly - Please see the cut and pasted message below that was sent on 10/31/2022.

  I am also submitting PDF Docs / copies of the exact documents that were emailed to the customer, all of which had his signatures present on them.  If you have any questions, or if you would like to speak with me or ************************* directly (listing agent) please let me know. Im happy to do whatever I can to help.

  Sincerely,

  *********************

  -----------------

  ********************;<*********************> Oct 31, 2022, 2:02 PM
  
  
  to beardoggy1, bcc: *****
  
  ***,
  
  I reviewed the listing agreement that you had with our company. ************************* was the realtor that you hired to sell your home. The listing agreement clearly states that you will pay a 5% commission when your home is sold. This is on line 109*.   
  
  Lines 137* - 141* Clearly explains Brokerage Relationship which is a "Transaction Broker."  This is pre printed into the Florida Realtors listing agreement, and not something that was changed or added. This is 100% completely legal, and it is not the same as a dual agency. 
  
  The buyer for your home was going to back out after getting the home inspected and the reduction in price was in lieu of you making repairs, and to prevent him from walking away from the deal - Just like the previous buyer did. The $10,000 price reduction was your choice to make - ***** did not negotiate this out of you. If this was not agreeable to you, both you and or ******* could have simply said no.
  
  In addition to everything promised to you, ***** also cleaned and staged your home, she had someone service and repair your pool and mow your lawn too. You received top dollar for you home in a changing market where interest rates up, home inventory is in the rise, sales have slowed and prices are coming down almost on a daily basis. She also reduced the commission charged from 6% down to 5% when you listed your home. She went above and beyond for you, while saving you $3,900 in commissions.
  
  In the 30+ years that we have been in business, we have never listed and sold a home at 2.5%.  All listing agreements are signed off by me, including yours, and I would not have authorized a 2.5% commission rate. 
  
  The listing agreement was signed by both you and *******.  5% commission
  The sales contract was signed by both you and *******.  $400,000
  The addendum reducing the price by $10,000 was signed by both you and ***************
       The statement on the addendum is in red below, so it's no surprise.
  "Seller agrees to reduce sale price of home from $400k to $390k to assist buyers in home repairs. All other terms of this
  contract remain the same"  
  
  The ALTA statement / closing document, which has every expense listed on it was also signed by both you and *******. 
  
  ************************* is one of our top associates. She sold your home in a reasonable time frame, for a price and terms that were agreeable to both you and *******. 
  
  Nothing was crooked, nothing was deceitful, nothing was illegal and nothing about my company is criminal.  Everything was done by the book and with the proper documentation. You agreed to everything in righting when both you and ******* signed the aformentioned documents. There was no trap, there is nothing to return, and I am not compensating you for anything.  Everything about this transaction was 100% honest, open, clear and transparent, but most importantly it was all in righting. 
  
  I wish you well on your future endeavors, and the best of luck to both you and ******* in your new home. 
  
  
      You email is in blue, cut and pasted below. 
  
  Your agent, ***************************, assured us she wonky take 2.5% and she took 5% like a grifter. Yea, she got us to sign the listing agreement she wrote differently from what she said. Thats crooked and deceitful. Your company lets agents act as duel agents, which is illegal. Your company is criminal in my estimation and you should return the $10,500 year agent stole from me and *******. We will never see the $10,000 she negotiated out of our sale price, but you could compensate us for that too if you care at all about innocent people who fell into your trap.
  -- 
  Sincerely, 
  
  -****
  
  ************************, MBA
  Broker / Owner - Florida Tropics Realty, *************************** Instructor
  GRI, SRES, ABR, SRS, C2EX, ****, MRP, AHWD, ePro
  USCG Veteran
  Notary
  Direct: ************
  Site: www.johndipalo.com
  Your referrals are my greatest compliment, thank you.
  

  Customer response

  11/15/2022

   
  Complaint: 18335315
  
  I am rejecting this response because:
  
  Sincerely,
  
  ***********************

  Customer response

  11/16/2022

  We are rejecting this response because:
    The problem is, we were lied to about the commission. We were told 2.5% was fine even if the buyers had no agent. Cindys contract  obviously stated otherwise, but ***** lied again saying the contact was written as we asked and she would only receive 2.5% even when there was no buyers agent. We were never informed as to when ***** became a transitional agent or anything about dual agents. She also negotiated the price on behalf of the buyers, costing us $10,000 on the sale. Additionally, we are not sure she didnt avoid bringing offers with agents just so she could take the entire 5%. We had other agents that were happy to sell our house for 2%, but unfortunately we made a terrible mistake and trusted ***** and Florida Tropics. ****** husband also profited on us as we paid for everything they supposedly did. She did a poor job at staging the house and had one open house. For this she expected $21,000?! She was also supposed to get an inspection done, but then avoided paying for one saying we would have to disclose anything we discovered. We were never compensated for any of that cost savings. So the problem is not in any written contracts except the transitional agent c*** The problem is lying verbally about the contract and then representing the buyers in the price negotiating. I feel the contract is misleading and borderline illegal considering the dual agency laws. It basically nulls the law if this is allowed. Florida is protecting no one if this is allowed. We would like to have this documented and hope others can avoid getting taken by their realtor like we were. 
  Sincerely,
  
  ***********************

  

  Business response

  11/16/2022

  
  Dear BBB and ***********************,

  Please see my summary at the end of this email, but only after reading this response in its entirety. 

  My response below is specifically to answer the email received on 11/16/2022.  It is in a question-and-answer type format, and my response follows the word- (ANSWER).  Anything following the word [ADDITIONALLY] is specifically my comment to the statement.

  
  1)The problem is, we were lied to about the commission. 

  (ANSWER) The 5% commission that you were charged is clearly listed on the listing agreement. Located on page 3, Paragraph 8. Line 109*  [ADDITIONALLY] - We normally charge 6% commission on resale homes. On her own, ***** gave you a 1% discount (saving you $3,900) because you were referred to her by a mutual party. 

  
  2) ***** lied again saying the contact was written as we asked, and she would only receive 2.5% even when there was no buyers agent. 

  (ANSWER) This is not a correct statement. Please refer back to question 1 above, regarding commission charged, Page 3, Paragraph 8. Line 109*  Anything that has do with commission(s), or any fees charged is put into righting every time, specifically for legality purposes, and to prevent a he said / she said type situation.  

  [ADDITIONALLY] Any modification to the original listing agreement contract I.E. (commission reduction) would have to be authorized by the Broker in righting and signed by the following - Broker (Me) the Realtor (*****) and the customers (*** and *******) - just like on the original listing agreement. The last page of the listing agreement is signed by customers ***********************, *************************, and the listing agent / Realtor **************************

  
  3) We were never informed as to when ***** became a transitional agent or anything about dual agents. 

  (ANSWER) ***** did not become a transitional agent, (you are referring to ************** she has always been a Transaction broker and dual agency is illegal in Florida. Please refer back to the original Listing Agreement. Page 3, Paragraph 10. Lines *******. Broker will act as a transaction broker Its clearly stated. 

  [ADDITIONALLY] Florida has recognized Transaction Broker since it was written into law in ****. If ***** was a ************** it would have been specifically noted in righting, the same way Transaction Broker was noted in Paragraph 10 lines 137 131. 

  
  4) She also negotiated the price on behalf of the buyers, costing us $10,000 on the sale. 

  (ANSWER) The first contract that you accepted on your home fell apart after the home inspection was completed, specifically due to the home needing numerous repairs. (The Cancellation of Contract is attached). The second buyer also had a home inspection completed and the numerous repairs were noted on the second inspection, attached to this email. The addendum to contract clearly states, ****** agrees to reduce sale price of home from $400k to $390k to assist buyers in home repairs. (Please note this home was listed for $374,900, even with the reduction for repairs, it still sold $15,100 above asking price.) Your agreement to lower the price to prevent the second buyer from cancelling the contract, the same way the 1st buyer did.  
  
  5) we are not sure she didnt avoid bringing offers with agents just so she could take the entire 5%. 

  (ANSWER) It is unethical and not permitted for a Realtor to avoid bringing offers to you from other agents. I do not permit or tolerate this type of behavior in my company from anyone. Your statement is simply not true, and we have the supporting documentation proving otherwise. 

  Your home was shown numerous times by other realtors, who worked for different real estate companies. All offers were presented to you regardless of which company the agent worked for. The dates and times of these showings were recorded in the electronic Supra lock box. ***** properly staged your home with her own furniture, and even hosted an open house event where multiple persons attended. It was listed in MLS, and appeared on sites like Zillow and Realtor.com

  
  6) We had other agents that were happy to sell our house for 2%, but unfortunately, we made a terrible mistake and trusted ***** and Florida Tropics.

  (ANSWER) its a free market, and you could have selected any realtor or company to your liking. ***** was referred to you. You picked ***** as your Realtor and signed a listing agreement with Florida Tropics Realty agreeing to pay a 5% commission for services rendered.  No one forced you to do so. 

   

  7) ****** husband also profited on us as we paid for everything they supposedly did. She did a poor job at staging the house and had one open house. 

  (ANSWER) I was informed that ****** husband volunteered his time at your home, and that you reimbursed him for his actual expenses with receipts provided. ***** staged your home at her own expense, with her own personal furniture. The open house had a great responce. Both Cindys staging and the open house were a success.

  8) For this she expected $21,000?  

  
  (ANSWER)  As per Page 1, lines 1,2* and 3* This exclusive right of sale listing agreement is between *********************** , ************************* AND Florida Tropics Realty. Florida Tropics Realty agreed to list market and sell your home for the agreed upon commission of 5%. YES Florida Tropics Realty expected to be compensated as per the listing agreement. No more, and no less.

  
  9) She was also supposed to get an inspection done, but then avoided paying for one saying we would have to disclose anything we discovered. We were never compensated for any of that cost savings.  

  (ANSWER)  Florida Tropics Realty lists, markets and sells homes.  The compensation for this service is based on a commission percentage. We do not price any services based on an a la carte style menu, such as "inspections."  Inspections are not a service that Florida Tropics Realty provides. There was no "cost savings."  You were not "charged" for something that we do not provide. There is nothing to compensate you for. 
  
  [ADDITIONALLY]  Yes you are correct, any discovery found during a home inspection would have to be disclosed in righting to any potential buyer. Your home had 2 home inspections completed by different inspection companies. Both companies found numerous faults with your home. Not having a home inspection prior to listing your home for sale, was actually to your favor. 
  
  10) So the problem is not in any written contracts except the transitional agent c*** The problem is lying verbally about the contract and then representing the buyers in the price negotiating. 
  
  (ANSWER) Everything we do is in righting for the protection of ALL parties. It keeps everyone honest and prevents a he said / she said type situation. Florida Tropics Realty is a Transaction Broker (see page 3, Paragraph 10, lines 137 141) the buyers were not represented in the price negotiation. The sellers and buyer agreed to lower the price to assist the buyer in home repairs. The reduction in price prevented this buyer from backing out of the purchase agreement, and/or cancelling the purchase contract. ***** didnt cost you $10,000. She saved the deal and still sold your home $15,100 above the listed price. {See below}
  
  I have a copy of the text messages between *** and ***** discussing the $15,000 initial price reduction request, and in that same message *** was forwarded a copy of the home inspection report. The home inspection report is also attached to this email. 
  
  
  11) I feel the contract is misleading and borderline illegal considering the dual agency laws. It basically nulls the law if this is allowed. Florida is protecting no one if this is allowed. 
  
  (ANSWER) The purchase contract was written by Florida Realtors / Florida Bar ASIS-6 Rev.10/21 The contract was not written or modified in any way by Florida Tropics Realty, or *************************. This contract is provided to all realtors, through Florida Realtors. (Florida *********** of ********* and the Florida BAR - Florida Attorneys.  In other words, it was written by lawyers. 

  ----------- 
  In leu of just answering all of your questions - I am also going to speak freely for a moment.   
  
  52 days total on the market.  
  *** and ******* your home was listed on August 8th and it closed on September 28th.  It was ONLY on the market for 52 days total.  During which time your home went under contract twice. It still closed quickly, even with delays due to Hurricane IAN.  
  
  $15,100 above asking price. 
  Your home was LISTED at $374,900. Your home SOLD for $390,000. ***** didnt talk you out of $10,000 as you claim. ***** got you an additional $15,100 more than you were asking. Remember she is a Transaction Broker.
  
  If you were upset you could have come to my office and or contacted me at any time, but you did not. You put in a complaint to my website a month after you home was sold and closed, using a derogatory email address trying to stay anonymous. Even though I emailed you directly, your email address is on file, you did not reply. I have copies of all your complaints and responses and each time you submit the same thing, but your making slight adjustments to your original statements. 
  
  I whole heartedly feel that at the end of the day, your only real hang-up is that you believe one person, *************************, made a $21,000 commission and that she put that much money directly in her pocket. Which I can attest to, is simply not true. At the end of the day, you hired Florida Tropics Realty and ************************* a licensed professional that was referred to you. She did a fantastic job of selling your home, in a short amount of time, for $15,100 above asking price. You paid the agreed upon commission of 5%. Everything was properly documented in righting, on legal and binding contracts written by Florida Realtors and the Florida BAR. 
  
  I have no further responses and nothing additional to add. 
  
  Sincerely,
  
  ************************
  Broker / Owner 
  Florida Tropics Realty.

   

  P.S. Your last statement:

  12) We would like to have this documented and hope others can avoid getting taken by their realtor like we were. 
  
  (ANSWER) if the BBB finds merit with this complaint, or if BBB finds Florida Tropics Realty at fault, I agree with having this complaint documented but IF and ONLY IF, this entire response is documented along with it.  Thank you.
  

  Customer response

  11/17/2022

   
  Complaint: 18335315
  
  I am rejecting this response because:
  Our original asking price was $*******. ***** talked us into listing it at $376,000. She claimed this would get a lot more interest in the property. So she negotiated our price down from ******* not$400,000! From the first time we spoke with her, ***** deceived us. She deceived us on every issue especially the commission. Paperwork is great, but a verbal agreement is a verbal agreement And binding as far as I knew. And writing is spelled this way. 
  Sincerely,
  
  ***********************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩