Murney agent/brokers demanded inspections and repairs that were not needed on items up to code and or not legal to be tested. Very Unethical
Murney agent ****** *****, brokers **** ****** and ***** ****** demanded that a home I was selling have a septic hydraulic/flow test even though the Missouri Dept of Health clearly stated that no test can be done for a home vacant more than 61 days, as this one was. I provided documentation, names and phone numbers from the Missouri Dept of Health, and another septic inspector, (**** ******, Onsite Inspections) who all stated no test can be done, yet these 3 still demanded the test. I had to pay another septic inspector (**** ******) to come out and say that a test could not be done to satisfy them costing me $***. This was clearly not needed.
Another issue is the these same three people demanded that a copper natural gas line be change to an "approved material" after I had proven that it was an approved material. I had the Christian building inspector state it was approved as they follow the national plumbing code. I had three plumbing experts state that it was an approved material and I also had the Missouri Gas Energy company state that copper pipe was an approved material. However they still demanded it to be replaced costing me an additional $***.
The agent, ****** *****, never stated that she was representing her daughter, the buyer, as she is required to do according to article 4 of the realtors code of ethics which they are to abide by. Both brokers ***** ****** and **** ****** stated that it wasn't really a big deal and that the agents do not have to disclose that info. I have spoken to at least 20 other realtors about it and every one stated that is was required. I have also spoken with the board of realtors who also said it was necessary. Agent ****** ***** never stated she was representing her daughter and even had her husband, ***** ***** attempt a repair on my house after they were told not to, causing damage. *** claimed her husband was a contractor, however, he is not even employed in the construction business. The lack of ethics of Murney and their agents is very unprofessional. The cost for a new fire place damper to be installed as $******.
The repair addendum written by ****** ***** was not clear and specific as in all real estate transactions should be. When I questioned the brokers about several of the repair issues such as a what they meant by a "septic test" I was told that its common knowledge to have a hydraulic load/flow test performed. This is the test that the Missouri Dept. of Health clearly states can not be performed on a house vacant for more then 61 days, yet they both said it had to be done. Of the repair issues, The brokers and agent were never able to provide any documentation stating that these repairs were not up to code, which they were and was proven, but still demanded them to be done.
The agent ****** ***** stated to her co-workers that the house was in a flood plain and that there was a road being built behind the house. My agent had to prove to her and everybody else in her office that she was not correct. I feel that she was doing this to ward off any other agents from showing the house so that her daughter (the buyer) would not have any competition.
Also, Mail was taken out of my mailbox and placed on my kitchen counter on a day that she was the only agent in the house. The mail was not even addressed to me. This is a federal offense! Once again, no ethics, morals, or professionalism shown by this agent.
These issues happened during the months of November to December 3rd. for the property ******* ****************, ******* 65714 that was listed with Murney Associates.
I would like a refund for all un-necessary expenses that I incurred. I would like the brokers and agent to attend an ethics class and to attend the realtors code of ethics training as it is clearly needed.
The repairs and inspections which are referred to by Mr. Dunbar were requested by the buyers not by the real estate agents. I believe Ms. ******* husband did remove the handle to the damper and Ms.****** indicated that she would take care of the damper repairs but Mr. Dunbar said no he had someone coming to do the repair. Ms.****** said she would pay for having the handle on the damper reattached. Mr. Dunbar said the damper repair bill could not be broken down so Murney reimbursed Mr. Dunbar for the entire damper repair. I believe this was a fair settlement and Murney should not be held responsible for inspections and repairs agreed to between the buyer and seller.
(The consumer indicated he/she DID NOT accept the response from the business.)
Murney did pay for the fireplace damper repair as they should have due to the lack of professionalism of the realtor. However the broker **** ****** still demanded that we perform a load test on the septic as he stated its standard procedure. The repair addendum stated the septic needed "pumped and tested" which we had done. **** ****** stated the septic must be load tested as its standard procedure for a septic inspection and that is what is meant by "tested" I asked for documentation stating that "tested" means load testing and he was unable to provide it. I explained to **** and ********* that a load test can not be performed on a home that has been vacant for more than 61 days as this one has been, per Missouri dept. of Health regulations. They both still demanded it. I would love to see documentation that shows where the buyer demanded this. I have email where ********* demands the test! The agent who is the buyers mother, which was never disclosed, is who demanded this and the broker backed her up. Both were clearly wrong and are ignorant in this area of real estate sales as I was able to provide documentation supporting this. Its sad that these "professionals" are so uneducated in the field that they practice in.
As far as the copper gas line and natural gas use, I once again proved beyond doubt that its not an issue. I provided documentation backing this up. However, both ********* and the broker **** ****** stated that they have to be changed to an approve material, which copper is. Please provide info from the buyer that states they required it. They can not as the buyer never requested it, only the buyers mother, ********* requested it. We are fine making repairs that are necessary, but when items in question are up code and fully functional, there is no reason to make the repair. After providing the documentation that clearly stated copper was an approved material, ********* and **** ****** then went on to say that it was not installed correctly and that this is why it must be changed. The repair addendum stated that "the copper line needed to be replaced with an approved material" and nothing about the installation of the copper pipe. I had 3 licensed contractors all tell me that there was no issue with the installation. *** tried to say that it was not correctly installed, but she was referring to a natural gas code for the Kansas City area and not for Christian county. Again I would love for ********* to provide un-altered documentation showing where the buyer demanded these changes. I am sure she can not. If both the agent ********* and the brokers **** ****** and ***** ****** were educated and not shady and lived up to the code of ethics that all agents and brokers are to abide by, all of these issues could have been avoided. The agent ********* was clearly trying to get more than was necessary to help out her daughter costing me, the seller more money. This is extremely unethical. Its also extremely unethical for both of the brokers to stand behind her when the three of them are clearly in the wrong. Again, I have documentation to back up all my claims. I have emails, voice mails, documentation from the Missouri dept. Health, Christian County building inspector, licensed contractors that all support my claims, yet Murney has yet to provide anything!
Final Business Response
Mr. Dunbar received a copy of the buyer's inspection report and the inspection request which he agreed to and dated on November 11, 2014. This request is signed and dated by all parties and reads as follows:
"Septic System, seller to have tank pumped, then tested to insure proper working condition."
Further, the buyer's inspection report indicates "Water was added to the tank and the operation level exceeded normal operation. Outlet may be obstructed. Once tank is pumped system should be tested for proper flow." These are the words from the inspector and agreed to by Mr. Dunbar.
With respect to the copper gas line, this also was indicated by the inspector as needing replaced. The inspection report stated "The copper gas piping to the auxiliary heating unit for the garage should be replaced as copper gas lines should not be used with natural gas." Once again Mr. Dunbar signed and agreed to do this in the buyer's request on November 11, 2014.
Mr. Dunbar now states that the buyer never requested these items. I have provided both the inspection request in which the buyer asked for these items which is signed and dated by the buyer and Mr. Dunbar and the underlying reports in which the buyer's inspector clearly indicated these items needed to be corrected. Please see attached documentation.
As Mr. Dunbar requests in his complaint, we have provided documentation clearly showing that the buyer requested and he agreed to both of these requests. I am not sure what further documentation is needed. The brokers and agents as instructed by the buyers were merely asking Mr. Dunbar to comply with the agreement he made on November 11, 2014.
Mr. Dunbar has copies of these documents.
I believe the agent paid more then required and I am sorry Mr. Dunbar believes we should pay for repairs to which he and the buyers agreed.
I also do not believe there is a requirement for the buyer's agent to disclose to the seller her relationship to the buyer. The agent was not representing the seller and her duty was always to the buyer who she represented.