ComplaintsforA Rosey Glow Estate Sales

• Initial Complaint

  08/27/2023

  Complaint Type:

  Order Issues

  Status:

  Resolved

  More info

  I signed a contract with A Rosey Glow in June 2023 for estate sale services that ended up not being required due to separate issues with the property. I paid an upfront fee of $500.00 for "set up" of the physical estate sale which also did not happen as we never got to that point for the proposed sale. I informed the business owner that I was terminating the contract and expected my $500.00 refunded. I was told that the $500.00 is not refundable, even though the contract did not include any language to that effect. Our email communication: ****** - I would certainly expect to not be charged a termination fee, since the only activity undertaken on this contract was to post a sale preview notice online and then remove it which takes **** minutes. I do take issue with the statement "the set-up fee is non-refundable", since neither the contract or any of our e-mail communications said anything about non-refundability. In my situation there was no actual "set-up" which can only be defined by what is listed in the contract (2 weeks access for set-up at the property); therefore, the fee I paid should be refundable. I hope you can appreciate my perspective so I don't have to take further action; as well as hire another business for the estate sale in the future. Thank you for your consideration in this matter. *********************************** From: ********************* <*************************************>Sent: Tuesday, August 15, 2023 5:06 AM To: *********************************** <******************>Subject: Re: Estate Sale Contract / Termination of this Agreement Hi *******,I am so sorry to hear that she is declining. While the set-up fee is non-refundable, I am happy to waive the termination fee and will not seek reimbursement for the advertising costs and labor associated with posting your original sale date. I wish you and your family peace during this time. All the best,******

  

  Business response

  08/28/2023

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

  

  Business response

  08/28/2023

  We appreciate all feedback from our clients. We are deeply saddened to receive the only complaint in the history of  our brand. 
  
  
  We worked very hard to accommodate this client by accommodating her urgent request to book the original sale date on the spot and over the phone, moving her sale date at no cost to her when she could no longer meet the first date she requested, and waiving all termination fees when she elected to cancel. 
  
  
  Additionally, we took the time to refer this client to industry partners, to make the entire process as easy for her as possible. They each invested their own time and resources to assist her, too. 
  
  
  Please see the attached file, which shows our termination clause, which this client agreed to when she signed the contract. Our policy is to charge $1,500 plus incurred expenses and labor on the project in question. The total due when this client cancelled is over $2,100 and includes labor expenses and reimbursement of advertising fees which we paid in good faith. 
  
  
  Our labor and advertising expenses are non-refundable to us. We take the very best care of our customers, which includes advertising their sale robustly as soon as the contract is signed. This advertising setup, which is done on several platforms and our own website, takes time and costs money and is why the setup fee is charged. Our fees invested in the project exceed what this client paid in her setup cost, but we offer a flat rate to be as transparent as possible to each client and ensure there are no surprises to them. 
  
  
  This client called to book a date, and felt urgency about booking a date over the phone. We accommodated this request. Additionally, when she encountered difficulties with keeping the date she was insistent on booking, we offer to push her sale to a future date at no penalty or additional expense to her. 
  
  
  We dialogued with her over the summer about future dates, and were surprised when she demanded a refund and threatened further action about 2 weeks ago. We explained our policy as agreed to within the contract, and offered to waive all termination fees in good faith. 
  
  
  We strive to take the best care of each client, and that includes consistently upholding all policies. We waived all termination fees, in an attempt to take the very best care of this client, and did so at our expense. 
  
  
  We respectfully ask that this client remove this complaint, as it is the only one in our history and may cause damage to our brand reputation. We are a small business, with a team that relies on clients upholding their commitments, so that we can ensure we are able to continue to take care of our clients and continue to pay our team. Cancelled sales result in the team not working, which affects each of them in addition to the money the company lost. Lastly, this clients misrepresentation of the circumstances may be viewed as defamation, so we again ask that she remove this complaint in light of the fact that were willing to work with her and waive $2,000+ in fees that she would have incurred. 
  
  
  Thanks you for the consideration in this matter.

  Customer response

  08/29/2023

   
  Complaint: 20527586
  
  I am rejecting this response because:

  I am not sure why the business owner stresses that our communication was over the phone and e-mai, as if that was unusual. Is this not how other customers communicate with the business? Since I don't live in ********, phone and email was the only way to communicate. 

  The business owner may have felt my request for the estate sale was rushed, but she was fully booked with other sales for 2 months from when I first contacted her April 19th. That is why the sale was initially scheduled for June 2023. Therefore, her it would appear that her staff did not lose work when I had to push out and eventually cancel the sale. 

  I would like to see a detailed accounting of the costs that the business says were incurred in this situation, since I have a hard time understanding how a few e-mails and an electronic posting which was removed shortly after posting it (both on April 20) could cost $2,000. I have no wish to defame this business, but the contract I signed did not clearly define what "set-up" means (I assumed it was the actual physical set-up of the sale) and nowhere did the contract state that the $500.00 was nonrefundable. Clarification of these issue in the contract would be a good business practice in the future. 

  The moving target of this proposed sale was more than a little frustrating for me and I'm sure for *********. For the most part (except for the $500) the business owner was professional and accommodating. I have no complaints about that aspect of our interactions. 

  ___________________________________________________________________________

  Here is the full email string of communication between us:

  Thurs 4/21/2023 4:08 p.m.

  Hi ****** - I spoke to my stepmother today about the home and she shared that she needs some time to process all the changes she is facing with the move out etc. 
  
  
  
  
  Barbara 
  
  
  Here is the sale preview link:
  
  
  
  From: *********************************** <******************>
  
  Hi ****** - thought I'd send these pics even though they are just of the outside of the house. 
  
  
  
  Thanks *******. I will post a sale preview this evening and share it with you via text. 
  
  
  
  
  From: *********************************** <******************>
  
  Hi ****** - attached is the signed contract. 
  
  
  
  
  Thanks. 
  
  
  
  From: ********************* <*************************************>
  
  
  Hi *******,
  
  
  
  
  A Rosey Glow Estate Sales, LLC
  
  Cell: ************
  Visit our website
  
  BC
  
  
  Sincerely,
  
  ***********************************

  

  Business response

  09/01/2023

  Here is the direct language of the termination clause: Termination of this Agreement: This agreement may be terminated by either party for any reason prior to the commencement of the sale. If the Client terminates the agreement, Client agrees to pay A Rosey Glow for all services provided prior to the time of notification of termination. The payment rates, should this occur, will be $1500 plus ***** per hour for any and all personnel performing work in preparation of the sale. In that event, A Rosey Glow will provide client with an itemized list of the hours worked. If any portion of the contract is breached A Rosey Glow will cancel the sale and charge the appropriate fees.
  
  We explained to the client that the setup fee -in part- is paid to book the date, which is why she was insistent on paying it over the phone. She paid to hold the date, and set up the sale. We were clear in this matter. If she would prefer, we would be happy to take the $500 off the over $2,000 that she owes the brand for cancelling -per the contract that she signed- and she can reimburse us just $1,570. 
  
  Break down of fees due from client for cancelling, and waived by A Rosey Glow:
  
  
  Termination fee: $1,500
  Non-refundable Advertising fees paid: $270
  Hours of labor involved to set up sale on 7 online spaces: 2.5 @$50 per hour= $125
  Hours of labor involved in ongoing dialogue with client: 2.5 = $125
  Admin time spent: 1 hour at $50
  
  
  Total $2,070
  
  Setting up the sale was not a 5 minute project as the client claims. The setup online and for our admin team takes hours, and we spend the time to do it right so we can work efficiently to take the best care of our clients. Our $500 fee is extremely reasonable, as it costs us significantly more to do so. We explained to the client that we charge a flat, up front fee so clients dont receive a surprise bill at the end of hosting their sale. Further, we explained that the fee covers ALL set up labor and advertising expenses, which we begin immediately in good faith. We also explained that we start advertising immediately after the client books to ensure maximum exposure of the upcoming sale. Client was fully aware of the services provided to her under her $500 payment. 
  

  We are passionate about treating each client the same and giving the exact same explanation, and further taking the time to begin setup directly after booking. Advertising is a key and very important part of setup, and we had already done so for this client. We had no expectations that the client would want to change dates or cancel  

  
  This does not include the time spent connecting client with industry partners or dealing with this defamatory -and only ever- complaint. Again, we are not asking the client to reimburse us for the termination fees she has incurred. We did have a hole in our schedule due to this cancellation, and did in fact have to turn down several other potential jobs because we had booked the date to this client in good faith. This cost the brand several thousand in lost income and kept the team from 3-4 days of work. 
  
  
  Summary:
  -we allowed client to book over the phone and sight unseen, immediately, at her insistence 
  -we connected client with industry partners who also spent time and resources on attempting to help. 
  -we allowed the client to push the date to a future date when asked. This is outside our contract allowances and we did so as a courtesy. 
  -we did not request reimbursement for lost advertising expenses. 
  -we continued to dialogue with client about dates when she reached out
  -we waived all fees (over $2000) when client asked to permanently cancel contract
  -client demanded $500 refund and threatened our brand if not satisfied
  -client filed the only complaint in the history of our brand 
  -we have explained that we saved her over $2,000 in fees because we understand the difficulties in the circumstances 
  
  Client has stated that we were polite and accommodating, as we are with each of our clients. We are firm in our decision here, as this cancellation cost us other business and we have actual expenses (advertising and payroll) invested. We are a small business, and cancellations have a big impact. 
  
  A complaint will have an even bigger impact and may cause irreparable harm to the brand. 
  
  We again politely ask that this complaint be removed in light of the simple fact that we acted in good faith and then waived all termination fees as a courtesy to this client. 
  
  
  Thank you. 
  
  
  

  
  

  Customer response

  09/08/2023

   
  Better Business Bureau:

  I have responded to the business's most recent correspondence in the attached document. Please make sure the business receives this document. 

  After a review of the response made by the business in reference to complaint ID ********, my questions about certain charges have been answered. 
  
  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. ↩