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Complaint Details
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Initial Complaint
09/19/2023
- Complaint Type:
- Order Issues
- Status:
- Resolved
WHR Global handled our familys relocation. The sale of our property necessitated $20,000 be held in escrow until the completion of a septic system test (state required) to be completed 30 days after new owner occupancy. (WHR held about $4,000 more than a septic system full replacement estimate quoted (to cover their own potential loss.)The WHR employee who handled our case, *************************, completely lacked any initiative to proactively check up on the status of the test scheduling and communicate updates to us. The contract term in which the septic test was to be completed was allowed to pass. WHR and their attorney did nothing to our knowledge to ensure the timely completion. After the septic test was performed and we had verbal confirmation from the realtor that the system passed with no issues, we followed up with ******* again to find out when our escrow funds would be released. She informed us the attorney was waiting on the written report and that releasing the funds would be a quick turnaround. It has been 3 months since the sale of our property closed. Its been 2 months since the contract deadline for the completion of the septic system. It has been nearly 1 month since the septic test was completely. WHR has still not released our $20,000 escrow balance and has no information on when that will occur. ************************* is continuing to fail to provide any updates. We have to initiate contact every time, and the answers continue to be either vague or incorrect. WHR allowed this situation to continue past their own contract term, failed to ensure the timely scheduling of the test, failed to communicate proactively with us on the status of our funds being released, failed to provide their attorneys contact information, failed to respond to our inquiries within the time frame they promised, continues to fail to provide any information on when our funds will be released.Business response
09/26/2023
In Niagara County, it is a requirement to have a septic inspection completed and any necessary repairs made when selling your residence. If the ground is frozen or the property hasnt been continuously occupied for over 30 days, the inspection cannot be completed. Typical protocol in these situations to move forward with the sale of the property is to have funds held in escrow in case there is an issue with the system. The funds held are determined by the cost to replace the entire system. This is the situation that occurred with ******** and *****************************.
The Staines placed their home on the market in February and due to the time of year and the non-continuous occupancy the homes septic system could not be tested prior to closing. The process and funds held in escrow was explained to the Staines. The cost determined by a septic quote was a replacement value of $16,000, but at the recommendation of WHRs attorney $20,000 was withheld to ensure enough funds were withheld if there were any issues. The process of completing the septic inspection is coordinated by the buyers through the Niagara ************************ after occupying the property for 30 days. The buyer, being responsible for coordinating the inspection, takes control of the process out of the hands of WHR and their real estate attorney handling the sale of the property.
The contract language states the septic escrow term shall be no later than August 15th, 2023. However, in the event the ************************ cannot schedule the inspection with sufficient time prior to August 15th, 2023, the parties agree to a reasonable extension of time.WHR reached out on multiple occasions to both the real estate agent and real estate attorney for updates and notified the Staines they were doing so. The countys inspection took place between August 28th and September 1st, which is considered a reasonable time frame. *** continued to reach out for updates on the results and was notified by the real estate agent that she was notified the system passed inspection but only had a verbal confirmation. *** informed the Staines that we were consistently reaching out to obtain the report in an effort to return the funds to them as soon as possible.
After multiple attempts to obtain the proper documentation to move forward, *** received the clearance letter on September 20th.Immediately upon receipt the inspection was sent to the real estate attorney with the request to release the escrow funds back to WHR so the funds could be released back to the Staines. WHRs attorney responded that the buyers real estate attorney would need to sign off to have the funds released. WHR followed up daily for an update until notified that the funds have been released and the escrow funds were being sent by overnight mail and are expected to be received on September 26th or September 27th. WHR has prepared the proper paperwork so that once the funds are received, they can immediately be deposited into the Staines account. *** explained to the Staines that consistent follow up was taking place, but we do need to move forward at the direction of the real estate attorneys.Customer response
09/27/2023
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
Regards,
*****************************
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Customer Complaints Summary
1 total complaints in the last 3 years.
0 complaints closed in the last 12 months.