Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. 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.

• Initial Complaint

  Date:09/12/2024

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  At the end of June 2024, we purchased a house. We were assured by the homeowners, their agent, and the *** inspector that the heating and cooling system was functional and free of defects. Upon taking possession, we discovered that the air conditioning components and system were completely non-functional. The fire alarms had been ripped off the walls and discarded into the bushes. During the final walkthrough, a hallway was barricaded, concealing rotted flooring in both the kitchen and bedroom. The flooring exhibited a clear defect that had been improperly repaired and continued to deteriorate. Furthermore, there was no handrail on the unsafe stairs, which were bungee-corded to the ground and on the verge of collapse. We've been going back and forth with our managing broker and agent about arbitration against our sellers. We initiated mediation, they all denied and said they were not going to mediation with us that being the sellers and their agents, and then sent out our arbitration request and check. We were told that they dont arbitrate in our area and received false information from our agent's managing broker (we have proof of this). We've documented all these issues and have photographic evidence of the damages and the poor condition of the property. We believe our agent should be held accountable for her failure to provide us with any information or help during the process after closing. The terrible communication we experienced made the whole process of buying the house difficult. Despite knowing we had to pay her a significant percentage for doing her job, she left us on the back burner. Moreover, her managing broker provided us with inaccurate information during this period, particularly regarding the submission of arbitration documents. Since the day we took possession, we have been grappling with this issue without any substantial responses, and we continue to feel as though we are being given the runaround.

  Business Response

  Date: 09/25/2024

  In response to the BBB complaint case ID ******** that we received on Thursday, September 19th, 2024:

  We represented ****** and ******** ***** with the purchase of their home on May 29th, 2024. In the contract they allowed the Sellers to occupy the home after closing for up to 25 days. Upon the ***** taking possession, it was discovered that the Seller did not leave the home in a clean, broom-swept condition, free of personal property or debris. Although the ***** purchased in As-Is condition, the property should not have been left in the manner which it was. The account that the ***** have provided regarding the condition of the home that the Seller left is accurate to my knowledge regarding the images and videos that I reviewed. Please note that we did not represent the Seller. After we were made aware of the condition of the property, we reached out several times to the Seller's agent to try to resolve the mess they left. The Seller's agent was not very helpful, but after several days or even weeks came back and stated the Seller would only compensate $300 which was not enough. At that time, I gave Mr. ***** two attorney contacts and after reviewing the ****** closing documents, I noticed the Seller's agent had both Buyers and Sellers sign an arbitration document that basically states if damages are under $6,000, they'll agree to mediation versus taking the other party to court. We explained to the ***** that they had two choices, go to court or start the arbitration process. The ***** agreed to arbitration, and I called the local board of ******** in **************** where the arbitration document came from to understand the process. 
  

  During that time, ****** ********* informed me that they would have to submit a package of info and $500 to start the process of arbitration. I forwarded the information on to the *****, and they submitted it to ******. After ****** received the documents, she informed me that the Seller's agent isn't even a member of their board and therefore they cannot conduct the arbitration. I unfortunately then had to communicate to the ***** that we were misinformed, which was frustrating for all of us. The arbitration document states that BBB is to conduct the mediation, so I then contacted the BBB to get further direction on where we go from there since this is a legal document that was signed stating that both parties would agree to arbitrate. When I called the BBB, I was transferred several times and no one seemed to know what I was talking about. I finally left a message with the office in ********** which I was told might be able to help - I have yet to hear back. After speaking to other managing brokers for advice on how to execute the arbitration document, I called our state legal department through the ******************************* and spoke to their attorney. The attorney was the one who informed me that only two boards of realtors in ******* use this arbitration form and that if ****** ********* cannot help us then I needed to inform the ***** that they needed to take this case to small claims because our board isn't one of the two that use it. I explained all this to the ***** and told them that we would be more than happy to help them gather documents and help them put together a timeline for them to present in small claims. The ***** had been friendly and appreciative throughout the whole process until I suggested small claims and then I could tell they were agitated. I followed up again a few weeks later after not hearing from them, and they never responded.
  

  The ***** are stating in their complaint that they had to pay their agent a significant percentage. I've attached the settlement statement showing that the buyers did not pay for our commission. The commission was already pre-negotiated by the Seller and offered to our office by the listing brokerage. The listing brokerage paid this amount of $4,398 that the ***** are claiming that they want to be refunded. I believe that we communicated our best efforts with the information that was available to us; I don't know what else we could have done. The only other missing piece is the BBB responding to arbitration per the attached document. After receiving this complaint letter with the Indianapolis office number, I contacted the BBB and left a message last week to ask about the arbitration process, and have not heard back yet. Unless the BBB tells us otherwise, I can only go by what the legal counsel at the ******************************* told me.
  

  As I told the ***** when we initially spoke with them regarding this issue, we are extremely sympathetic to what they are going through and the condition that the Sellers left the home. We feel the ***** have a winning case, but they should seek legal counsel. We're sorry that they are dissatisfied with the progress thus far, this is probably one of the worst transactions I've ever worked on where the Sellers did not cooperate.
  

  Sincerely,
  
  ******* ********
  Managing Broker/Owner
  
  
  **** ****** Real Estate Experts
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