ComplaintsforPerrie & Associates LLC

• Initial Complaint

  09/02/2021

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  It has been 4 days since I sold my house. Perry is still holding my funds hostage. And this is in addition to them initially sending the funds into the wrong account

  Business response

  09/27/2021

  Business Response /* (1000, 5, 2021/09/08) */ Contact Name and Title: ***** ******, Firm Owner Contact Phone: XXX-XXX-XXXX Contact Email: ***********@perrielaw.com We closed the purchase of Mr. *****'s home and wired the funds to the account that Mrs. ***** provided to us at the closing table. The funds were wired on August 31st as the wire cut off time had passed on August 30th when the property sale closed and this was the earliest the funds could be sent after the closing was completed. We then learned that Mr. & Mrs. ***** were in the process of getting a divorce and as such each party was to receive 50% of the proceeds or we were told to wire the funds to their "joint" bank account and not the individual account of Mrs. *****. We then requested that Mrs. ***** return the funds to us which she did without incident. We then informed the attorneys for each party that we were going to proceed with sending the funds to their joint bank account. The attorney for Mrs. ***** objected to this and informed us that they would be meeting for mediation the very next day (on September 2nd). The email thread can be found below for verification of this claim. Given the fact that there was a legal dispute between the two owners of the property and each party was represented by legal counsel we agreed to allow the funds to remain in a neutral escrow account until the formal agreement between the two parties could be reached. We received the settlement agreement after the mediation was complete on September 2nd at 6:16PM and proceeded to disburse the funds in accordance with their settlement agreement on September 3rd. We did not withhold the funds from Mr. ***** as he claims and simply fulfilled the fiduciary duty of the closing agent to disburse the funds in accordance with the legal interests of the two property owners. Unfortunately, the two individuals were in the midst of a divorce that became a bit of a heated legal battle. ****** & Associates was simply caught in the crossfire of this legal battle. I sympathize with Mr. ***** and understand that this was a frustrating and emotional situation all around for him. The email thread referenced above is pasted here for your reference: From: Mari ******* mailto:****@lascalafamilylaw.com Sent: Wednesday, September 1, 2021 3:31 PM To: CHRISTINE ** ******** <********@bellsouth.net>; ***** ****** <***********@perrielaw.com> Subject: Re: ***** v ***** Christine, My client is not in agreement with the funds going to their joint bank account at this time as there is no agreement on the division of the marital assets and there is a pending divorce. We can address this matter tomorrow at mediation, even if just an agreement as to where the funds will go. Best, Mari ******** Esq. LaScala Law, LLC *** ************* ******************** Marietta, Georgia XXXXX T (XXX) XXX.**** ****@lascalafamilylaw.com www.lascalafamilylaw.com From: "CHRISTINE ** ********** <********@bellsouth.net> Date: Wednesday, September 1, 2021 at 3:29 PM To: ***** ****** <***********@perrielaw.com>, Mari ******* <****@lascalafamilylaw.com> Subject: Re: ***** v ***** *****: Please provide to me the documented authority that gives your firm the right to withhold the parties' funds. Thank you. Christine ******** On Wednesday, September 1, 2021, 3:01 PM, ***** ****** <***********@perrielaw.com> wrote: Ladies, Ms. ******* said she is not ok with the funds going into the joint account. Ms. ******** wants them deposited there immediately. At closing Ms. ***** told me they were to be split 50/50. Given the disagreements I have no choice but to wait for a court order or a consensus. Fortunately, you have mediation tomorrow and I should be able to disburse as I understand an agreement is likely. The funds have been returned and are in my escrow account. David ** ****** Attorney *** ******** ******** Suite **** Atlanta, GA XXXXX Office: (XXX) XXX-XXXX Fax: (XXX) XXX-XXXX ***********@perrielaw.com Consumer Response /* (3000, 7, 2021/09/09) */ (The consumer indicated he/she DID NOT accept the response from the business.) Please provide documentation that withholding funds was legal. Is it policy to send funds of a divorce closing to a joint account only? Was the Wells Fargo account verified as a joint account before sending? Why was the joint SunTrust account, that was provide weeks before closing, superseded by the individual Wells Fargo account? Business Response /* (4000, 12, 2021/09/23) */ Mr. ***** (the consumer) also filed a formal grievance with the Office of the State Bar of Georgia relating to this matter. The GA Bar is the entity that governs my practice and ultimately has authority over my law license. After an investigation they issued a formal dismissal to the grievance. I have submitted the letter documenting this claim and I hope this will prove sufficient in demonstrating that I followed the letter of the law as it relates to the distribution of Mr. *****'s proceeds. I know that this situation was an upsetting one to Mr. *****. Me and the members of my team work very hard to ensure that all parties' interests are protected. I recognize that Mr. ***** was in a stressful and emotionally taxing situation all around and I sympathize with him for that. Ultimately, I wish that there was more that I could have done to get him is funds sooner. Sincerely, David ** ******

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