ComplaintsforCookie King Real Estate, Inc.

• Initial Complaint

  02/05/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  On Oct 26, 2021 we closed on a 20acre parcel of land who seller was represented by Anna K. "Cookie" King of COOKIE KING REAL ESTATE, INC. At no time prior to closing did King disclose the existence of a HOA or that in April, 2021 the HOA had notified her client (and all other owners) that a potential assessment against their lots was being discussed and considered. The day after closing, Oct 27, a letter was sent from the HOA to the prior owner/seller providing notice of a HOA board meeting Nov 11 to discuss the assessment. King forwarded the letter to us in December, five days before the initial assessment payment was due. When our realtor approached her to try to negotiate (we offered to split the assessment) and gather information she stonewalled, told us we could sell for a profit if we didn't like it, told us the seller is old and wouldn't have been aware of anything pertaining to her property, and generally refused to adequately address the issue. Absolutely unprofessional.

  

  Business response

  03/09/2022

  Business Response /* (1000, 5, 2022/02/08) */ Contact Name and Title: Anna K "Cookie" King Contact Phone:************* Contact Email: [email protected] Buyers closed on the property on October 26, 2021. I was the listing broker of the property for my seller. Ms. *******'s Realtor was Jill T***** from another brokerage. My listing was listed in our Multiple Listing Service (Stellar MLS) at the time my seller signed her listing agreement. It is clearly stated that there is an HOA and the $425 annual fee. (see Attachment 1 of MLS information sheet) At the time of closing, Ms. ******* was required to sign closing documents that clearly stated that she was required to pay a $225 Administrative Transfer fee from the HOA. This fee was collected by the closing attorney from the buyer as part of her closing costs, then the closing attorney paid the HOA. My seller, was required to pay for the Estoppel Certificate which is required at closing to make certain the seller does not owe any dues or assessments. (see Attachment #2 Estoppel Certificate.) You will read the Vacant Land Contract (Attachment #3)and understand that the buyer has the burden of making certain that the property is satisfactory as to her intended use. She had a 15-day due diligence opportunity (page 3) to contact the HOA, the building department, a soil biologist, an engineer, a contractor, an arborist or whomever she needed to speak with in order to determine whether or not she wanted to close on the property. At no time did she give the seller the required notice if she found something unsatisfactory. Contract states that if NO notice is given, that constitutes acceptance of the property. Contract further states that buyer agrees to solely rely on information from other parties, not information from Brokers involved. Ms. ******* also received the Deed Restrictions (Attachment #4)from her Realtor further showing the existence of a HOA with a 54-page document of what you can/cannot do. Now to speak about my seller, which unfortunately Ms. ******* seems to take her condition lightly....this person is quite elderly, requires 24 hr care, and cannot hear. Furthermore, if she ever had received a letter prior the one she received on Nov. 11 (that I forwarded to Ms *******'s Realtor) she does not recall. If she had received, opened and understood any prior letters from the HOA, she would have immediately called, just as she did for the November 11 letter (AFTER CLOSING). It is unfortunately very bad timing for Ms. *******, but it appears (and I know this to be true as I have a couple of friends that live in Hampton Farms and I verified this information) that there was NO assessment (hence the clean Estoppel Certificate) prior to her closing. If I were her, I would be very upset with the HOA as this new pavement that she is being assessed with does not even benefit her property. However, she is redirecting her anger because the HOA has not given her the answer that she wants to hear. Realtors are not required to give vacant land disclosures on anything over 10 acres. Folks buying over 10 acres are assumed to have advanced land knowledge and responsibility in determining whether or not they want to purchase. Ms ******* had the 15 day opportunity to do so. I am very sorry for her misfortune and bad timing on purchasing this property but at no time, did anyone (her Realtor, the seller, me, the title company) withhold any information that we had knowledge of. I have grown up in Williston, all 64 years, and have worked very hard to always do the right thing by everyone....real estate and well before. You are welcome to call anyone in town and check on whether they think I am the type of person that would ever intentionally harm someone. I take offense to every single statement that Ms. ******* has filed with you. Here are some numbers for you to call to verify my integrity, character, and business reputation: Chamber of Commerce 352-528-5552, several county commissioners that I won't list publicly, my church 352-528-3636, City Hall 352-528-3060, the closing attorney involved 352-528-0019, Levy county Property Appraiser, etc. I also have friends and customers that live in Hampton Farm that can attest to any and all of this information. As an aside, I didn't just fall off the real estate turnip truck. I have sold/resold 15 parcels in Hampton Farms alone since 2005. She paid $115k for the 20 acres. She could sell it today for a WHOLE bunch more. She ought to pay her assessment and just be thankful that she bought when she did. But evidently, she wants to keep it and try to make others pay her assessment. Respectfully, I submit this information for your review. If you need to discuss anything further with me,please don't hesitate to call; my cell number is*************. Anna K. "Cookie" K***, Broker Florida Brokers License BK3107526 Cookie King Real Estate, Inc. Corporate Broker License CQ1048833

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