ComplaintsforRe/Max Preferred Associates

• Initial Complaint

  08/25/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  I moved from ******, **** to ******** in June. I owned a condo in ****** that I decided to list and sell. I called ***, whom I had dealt with for the previous couple of years as a buyers agent. She came over to the condo the week of June 20th. I showed her the features and we discussed the listing price. Based on her comps, *** wanted to list the condo for $149,900. I knew that it would sell for at least $160,000, if not $170,000 as it was completely upgraded, and the market is strong.
  
  I moved on June 26th. When I moved, I left my car parked in the locked and closed garage which is attached to the condo. It had miscellaneous items in it which I was worried would get lost in the move and miscellaneous cleaning supplies from preparing the condo for sale after the movers left. I knew that it would have to be out by closing date for the sale. I had scheduled a car shipping company to pick it up the next week. They advised to leave the key in the car and to give them the code to the garage and they would be able to move it for me.
  
  It is worth noting that my car is a very rare, special and irreplaceable car. It is the last year of production for a diesel car by Audi. When I purchased it, I searched for it for over a year and drove hundreds of miles to get it. Also, I intend to keep this car because as part of the Volkswagen diesel lawsuit, it is under warranty until 2031. I know that maintenance of ****** cars and diesel cars is of utmost importance when considering longevity. From the day I purchased this car, I knew I was keeping it for a long, long time and I have cared for it in the very best way possible. It has always been kept in a garage and has never been parked outside.
  
  After I moved, I submitted the property disclosures from and finalized the listing information with ***. I told her to list the condo for $159,900 instead of her advised $149,900. She seemed reluctant to want to do this but abided by my wishes. 
  
  *** scheduled a photographer to come take photos of the condo as part of preparing the listing as well. I told her that my car was in the garage and was concerned about my license plate being in photos and my car being in the garage with potential upcoming showings. She said it would be fine.
  
  The car shipping company I had originally paid contacted me to say that they no longer had a driver that could drive that route for delivery. I knew that the car was locked up, inside, and was told that it was safe. I knew the car would have to be out by closing but I did not prioritize finding another shipper for the time being because I was busy moving.
  
  The condo was listed and received several offers above asking. *** tried to convince me to take the first offer. While presenting the offers, *** was telling me things about one of the buyers’ agents which were inappropriate. She explicitly said, “not to repeat this or she could get in trouble.” Another offer came in that was a cash offer but the proof of funds that the buyer submitted was not able to be understood by *** and the buyer was from out of state, so she had her reservations about this offer, even though it was the best offer (cash). After many conversations, I advised her to accept the cash offer which she reluctantly did.
  
  
  As part of the closing process, the inspection was scheduled for July 15th. *** asked me on the prior day if she could move the car so that the inspector could easily access the attic. She did not inform me where she was moving the car. I assumed that she would move it to the other side of the garage, and I did not think any more of it. I was very busy and during moving myself, into a place that I had to buy sight unseen as-is that had several issues that needed addressed as soon as I moved. The inspection was complete, and the closing was scheduled for July 26th.
  
  I began my search for another car shipping company and was able to schedule the car to be picked up on July 22nd     . I informed *** that the car would be picked up that day so that she would know that it would be out by closing. Her response was that she would go over there and put the key back in the car and move it back in to the garage. I was completely unaware that my black car with black interior had sat outside on a blacktop driveway in a neighborhood known for break ins in 95-degree weather for over a week. I became irate thinking of the damage that could be done to my car and that it was not left where I put it or cared for in a reasonable way that someone would care for someone else’s property. I am aware that cars are meant to be parked outside but not in this temperature of weather and not with electronics inside.
  
  After days of angst waiting for my car to be delivered and wondering what it’s condition might be, it was finally delivered to me around 11:00 PM on July 23rd. On July 24th, first thing I did when I woke up was open it up to assess its condition.
  
  I had outdoor rubber floor mats on the top which had gotten so hot that they melted. I began emptying the car and saw that where an item was sitting on my back seat, the leather of the seat had gotten so hot that it bubbled up and stained. A plastic part in my dash the clear coating had separated and became wavy. All the electronics in my car that were battery operated no longer hold a reasonable charge.
  
  After learning that I was upset with how my property was treated, *** failed to return any of my phone calls or messages. I reached out to the owners of the Remax brokerage and informed them of the situation. I told them I was not going to close the property until the car issue was resolved. Their only response was that they would have their attorney reach out to me for a potential settlement with several paragraphs that I should still close the property because if not, the seller can sue me. The only thing they seemed concerned with was that they get their commission from the sale; nothing in the letter indicated they cared in any way about the incompetence or damage caused by their agent.
  
  Because I really had no other legal choice, I signed the closing documents with absolutely no help or communication from *** or the agency. I have not received any further communication from any of them, yet it’s a month later and still my car is damaged. I have been putting leather conditioner on my back seat daily to attempt to fix the damage, but the spot has only become rock hard. I do not feel safe or confident driving my car because I do not know what else could potentially be wrong with it or what items have a decreased longevity due to this excessive heat exposure.. I struggle with electronics that I use daily constantly dying.
  
  I do not think it is right or fair to cause damage to someone else’s property. Unfortunately, by circumstance of the situation, we must sometimes trust realtors. Not only was *** incompetent in her work but she was supposed to act in my best interested but there were several actions that she did that made things worse for me and along the way caused damage to my personal property. I do not feel that she earned her commission or held up to her end of the deal. I also feel that I deserve to be compensated for the damage and items in my car which were damaged directly by her actions.

  

  Business response

  09/12/2022

  [BBB Transcription via email]

  From: ******** ****** <********************>
  Date: Fri, Sep 9, 2022 at 12:23 PM
  Subject: Attention ******** ******
  To: ***************** <*****************>
  
  
  Dear ********
  
  If you have any questions, please call me on my cell phone *** ********.  Thanks ***** ******
  

  [BBB Transcription via Attachment]

  September 7, 2022
  BBB ************ **** and ************ ******** ********* ***** * **** ****** ****** **
  ******, ** *****
  To Whom It May Concern:
  The undersigned is one of the Broker's of Re/Max Preferred Associates. *** ******* is an independent real estate sales agent who is affiliated with Re/Max Preferred Associates. A complaint has been filed by a Client who listed a condominium for sale through Ms. *******. The Client's complaint contains a number of false or misleading allegations, and we welcome the opportunity to respond to them.
  The complaint mingles a discussion of issues related to the sales transaction for the condominium, with unverified accusations about damage to the Client's car, which she chose to leave behind in the garage when she moved to ********. We will address both.
  As to the complaints about the sales transaction, the Client states that she signed closing documents with "no help or communications" from our agency or the sales agent. This is simply not true. Ms. ******* was in regular communication with the Client about the details of the listing, and about the offers that were received for the property. The Client believed she was better informed and more knowledgeable about the real estate market and sales process than the agent, and the Client was sometimes demanding and argumentative. Still, the agent patiently worked through all of the Client's concerns. Ultimately, despite the Client's now-stated disagreements with Ms. ******* about the amount and nature (i.e. cash) of the purchase offer, the Client obtained an offer containing terms with which she agreed. She accepted that offer and entered into a binding agreement with the buyers. She was not misled into signing the purchase agreement by the sales agent, and in fact, even her own complaint suggests that she was fully informed when she accepted the offer.
  As the closing for the condominium sale approached, the Client made threats that she would not sign the documents needed to complete the real estate transaction. Our office had additional serious communications with the Client, stressing that she could put herself in legal jeopardy if she failed to perform the contract. We told her that we were concerned that she would expose herself to a damages claim for breach of contract, or a claim for specific performance of the contract, if she should fail to do so. We strongly urged her to retain counsel and obtain legal advice. Finally, the Client signed the closing documents remotely, and the closing took place, but not before the Client created serious concerns that she would renege on the deal. We do not know the true reason why the Client has become angry, but we suspect the
   
  root cause is that the Client may have seller's remorse. Yet the bottom line is that Ms. ******* handled the real estate transaction in an entirely proper and professional way.
  Perhaps again because of seller's remorse, the Client concocted what we believe is a bogus claim that Ms. ******* is somehow responsible for damage she claims was done to her car because it was parked for about one week outside -- damage which she has never proved nor documented actually ever occurred. Here are the true facts:
  The Client chose to leave the car in ****** with the keys in the ignition before sale of the condominium closed. The car was located in the condominium's attached garage. The Client indicated that she would have the car shipped to her new home in ********, but failed to do so before the closing. Ms. ******* offered to personally drive the car to ********, the Client declined the offer claiming a transport company would do so. In her complaint, the Client admits that the shipper she had lined up to transport the car backed out, and admits she did not promptly arrange for another shipper. Yet, she did not inform the sales agent of these facts when they occurred.
  On July 14, 2022, it came to Ms. *******'s attention that the location of the car in the garage was impeding access from the garage into the attic, which was needed by the buyer's property inspector. The sales transaction was contingent upon the inspection. In order to facilitate the inspection and complete the sales transaction for the benefit of the Client, Ms. ******* sought permission in text communications and phone calls from the Client to move the car out of the garage and into the driveway. The Client readily agreed. She made no statement to indicate that the car ought not be left outside, no statement to indicate that the car was uniquely valuable, and not statement requesting that the car be returned to the garage immediately after the inspection.
  Therefore, with the Client's permission, Ms. ******* backed the car to the edge of the driveway, and located it close to very tall shrubs. This ensured that it was not visually seen in the driveway and that it would be partially blocked with shade. Ms. ******* took these steps, in an effort to serve her client who, of course, had a personal interest in assuring that the real estate transaction would close as planned. And, she did so even though she and family members, including her elderly mother, were personally suffering from severe cases of Covid, which resulted in her mother's hospitalization. The agent's own illness was also very severe, and she did not leave the house for several days, except to admit her mother to the hospital and later pick her up.
  Because the out of town buyer came into town for inspections they anticipating that an early closing was about to occur early, and while still ill, the agent went to the condominium on July 21, 2022, anticipating that she might have to store the Client's car at her own house. The
   
  car was in the same condition as it had been a week earlier, with no damage or problems visible. The agent later received word that the funds had not be received as expected so closing would still happen on the contracted date of July 26, 2022. So she returned the car to the garage of the condominium.
  Without even seeing the car, and before the closing occurred on July 26, 2022 the Client began to make claims on July 22, 2022 that somehow it had been improper for the sales agent to have left the car outside. But it appeared that the Client was actually using these claims to try to avoid or delay the closing. We became concerned that the Client might be on the verge of walking away from the deal which, given the tight real estate market, created a serious risk that the Buyer might pursue legal action against her. As noted above, we advised the Client to obtain legal advice about her legal duties, and about the necessity of signing the final closing documents.
  The agent remained in communication with the Client about the car, and the closing. Eventually, the Client said a shipper would be in town to pick up the car on the day of the closing. Obviously, the car would have to be removed prior to the closing. The Client asked the sales agent in a text if she would meet the shipper at the condominium to let its employees in. The agent responded that, although she could not wait indefinitely at the condominium for the shipper to arrive, she could meet the shipper at a specified time. The shipper arrived around 7:30 pm on July 26, 2022. The sales agent tried inform the Client that the shipper had arrived to transport the car, but she did not respond at that time.
  The Client has barraged the sales agents with texts and calls claiming incompetence and wrongdoing, at least one laced with profanity directed to the agent's husband. So incessant and nasty were the communications that we eventually advised the sales agent that she should block the Client's calls. We tried to resolve the Client's concerns by proposing to have the car professionally cleaned. The Client then sent an email to this office, containing a list of items of damage which she claimed had been done to her car. Yet she did not produce any supporting documentation or photos to prove the existence of damage.
  Some of the damages claimed by the Client are obviously contrived. For example, she has claimed that rubber floor mats melted because the car was left out in the sun. Rubber car mats do not melt, even if they are contained in a car left outside in the summer months. She claimed that electronics in the car could no longer hold a reasonable charge -- but in fact, there is no evidence that allowing a car to sit outside for just one week, even in the summer will produce damage to electronic components. This assumes, of course, that the electronics were actually working at the time the car was left in the garage, which also has not been proven. Even if these types of damages exist, the Client has offered no evidence that the heat during the brief period of
   
  outside storage was the cause of the damage, as opposed to harm caused by the shippers during transport of the car to ********.
  This office has tried to work reasonably with the Client. Instead of accepting the offer to pay for a professional cleaning, the Client produced a lengthy list of claimed damage amounting to thousands of dollars, with no back-up documentation. The list included the contrived claims mentioned above, and others which also do not appear to be connected with the car's brief outdoor storage. A reasonable solution was presented, but the Client chose to use the situation to try to reap a windfall for unproven damages which, if they truly exist at all (which is questionable), may have pre-existed the outdoor storage, or may have produced by the third-party shippers. In sum, we dispute the existence, legitimacy, and cause of the Client's car damages claims. And, we dispute that any unprofessional conduct on the part of the sales agent took place.
  It is unfortunate that the Client has chosen to elevate this matter to a formal complaint with the BBB. And, it is unfortunate that she has rejected our good faith effort at resolution. But our sales agent did nothing wrong, and she nothing without the Client's permission. We hope this satisfies your request for information.
  ***** *
  **** ******, *** **
  Re/Max Preferred Associates
  

  
  

*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. ↩