ComplaintsforBerkshire Hathaway Metro Realty

• Initial Complaint

  10/27/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Unanswered

  More info

  This complain is in regards to *************************** with Berkshire Hathaway Epic in *******, ** was engaged in ************ representing the buyer as well as us, the sellers. Didnt reveal she was repping both, we had to ask. She said the buyers were just her client, she wasnt representing them. We felt intimidated since we had asked for our own realtor, but we were ignored. We also asked for 4.5% commission instead of paying 6% since she had also become the selling realtor for the buyers. We felt very uncomfortable paying so much when we felt having our own representation was imperative. Conflict of interest is key in this dual agency. I reached out to the broker, he was no help. Only 5.5% was offered, and we took it because we were afraid to lose this buyer. Our home at ******************************* ****** ***** had been on the market almost 6 months. Also, during the negotiations around sale price, when we wanted to counter for another $5,000, since we had already dropped the price $75,000, ****** accused us of trying to lose this offer. But she was unwilling to reduce her dual agency commission to 4.5%. Dual agency tactics are illegal in **.

• Initial Complaint

  11/03/2021

  Complaint Type:

  Order Issues

  Status:

  Unanswered

  More info

  complaint was too long, please see full complaint in supporting documents

  To whom it may concern at BHHS, WRA, DSPS,and GMAR,
  CC: Ideal Agent
  
  My name is *********************** and I currently have a listing agreement with ************************* at Berkshire Hathaway Metro Realty in Milwaukee. I was connected to Chriss team via Ideal Agent on September 13, 2021 and signed an agreement to list with them on October 2, 2021.
  
  In the 32 days my home has been listed with BHHS, I have had numerous professional and ethical violations* that I would like to bring to your attention. I have reviewed the realtors code of ethics and have found his business practice to be severely lacking.  Below you will see a list of the issues I would like to bring to your attention.
  
  In the list below, Agent refers to ************************* and Client refers to ***********************.
  
  Bad communication - no feedback was provided on any showings (or lack thereof); when communicating with Agent, messages would go unanswered or client would get responses from a different member on his team.
  Offer received was not communicated in writing as specified in the contract. Contract conditions only met upon additional requests by client.
  Agent has not met fiduciary duty, client's best interest not met by actions of agent. Client felt uncomfortable when pushed to accept offer considerably below asking price or reasonably counter because if you want to sell this may be the offer to work with.
  Agent left open house prior to contracted end time with no prior communication. No explanation offered.
  Made fraudulent claims regarding money spent on advertising. Client requested itemized receipts, documentation was promised on 11/1 and to date not provided.
  Incorrect information in listing that negatively impacted potential for sales including garage spaces and upstairs den.
  Photography did not meet professional standards. Personal information posted, endangering safety and privacy of homeowner.
  Took almost 2 weeks to get a for sale sign put up, ignoring clients continuous requests for one as agreed up in the contract. Agent had to ask if there was a lock box on the door almost 3 weeks into hose on market, showing their lack of interest in selling the property.
  With majority of showings being cancellations and no shows, client questions the effectiveness, honesty and integrity of the agent. 
  When client reasonably requested a release from listing contract after minimal time and money were invested by agent, the agent not only refused, but leveraged his position to force a split with new agent and unfairly append a buyers agent commission not included in original contract.
  
  ***** is not providing the contracted services, and for this reason I am requesting a release from the contract.  Per the contract, I am only required to give written notice to terminate. Contrary to this, ***** gave me the 3 bolded options below when I requested immediate termination on 10/31/21:
  
  1: withdraw listing, which will remove home from the market but will not allow you to relist until the end of our agreement, this will stop all marketing efforts.  A protected buyer list will be supplied. 
  Only with no other alternative would I consider this.   I would like the right to relist with a new agent I can trust to follow through with their contract in a professional manner at no detriment or delay to my sale.
  
  2: buyout remaining time on contract. Which would equal approx ********.  This is prorated daily and reduces by approx 34$ each day it is listed active. This payment would expire the contract upon completion. This amount equals the expenses, ads, time spent etc on your listing.  
  This takes me back to item #5 listed above.  As it stands, this fee is grossly disproportionate to the expenses incurred by the agent.  To my knowledge he has only listed with free websites and has not provided requested documentation to show otherwise.  Furthermore, if the full term of the contract was carried through, the agent would only stand to make $3598 maximum, as contracted, 2% of commission on my listing. He has now advised us to drop the listing $15,000 (with no explanation) which would take his commission down to $3298.  I argue why he should earn more fees releasing the contract than by carrying out the contract.  I question if this is actually an intentional, unethical business strategy used to make fees without investing time or incurring expense.
  
  
  3: if you plan on contacting or signing a new contract with a different agency.   We will release the contract to them with a broker to broker referral of 25%.  No payment from you would be required for this option
  Although my new agents would consider this option, I do not feel it is just under the circumstances.  On top of asking 25% of their commission earned, he is also now demanding 25% of their commission of any property that I purchase after the sale of my property. I do not have a buyer agreement contract with him and he has not put forth any effort to show us properties in the 48 days we have been in contact with him.
  
  ***** has breached his contract as a service provider. I am requesting intervention in the release of my contract and that his practices be investigated.  I am requesting to be released of all fees and immediately sever all aspects of this contract,being free to list my property with another agency immediately.  I have made every effort to communicate with the agent and believe I need assistance in resolving this matter.  I do not want others to be misled by this agent and go through a similar scenario. I have lost valuable time, am looking to cut my losses and move forward.
  
  I appreciate your assistance.Please advise as to my options. I can be contacted via phone or email.
  
  ***********************
  ************
  ********************
  
  
  *For reference, the following are ethical standards that I believe have been violated:
  Standard of Practice 1-3, 1-6, 1-9, ****, Article 11, 12 and 14.
  
  REALTORS, when acting as principals in a real estate transaction, remain obligated by the duties imposed by the Code of Ethics. 
  
  Standard of Practice 1-3 REALTORS, in attempting to secu

*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. ↩