Unprofessionalism cost me more than 12000 I paid them to be my broker
I purchased my home at one of their mega auctions. I paid a 6% buyers premium to be represented by the company in the real estate transaction which approximately $12,000. They determined closing date etc but the failed to show up to closing, failed to leave at closing (so after closing we had to wait an hour to even get into the house and push back moving and pay for time because they couldn't start moving without a key to home) and did not provide us with necessary documentation to get the water turned on in the house until a week AFTER closing after several emails and complaints I made to them. As my agent in this contract they neglected the duties owed to me. The excuse for the key was that they didn't know the close date and time (but they scheduled that) and when I complained about the water issue that prevented us from doing any cleaning painting etc for over a week she said that I was exaggerating my inconvenience and said that she was waiting to get signatures for necessary paperwork that could take additional days to get back (which again was a lie because after dealing with her I called the owner and he had that paper back to me within the hour). Unfortunately the owner seemed sympathetic when he heard all of our issues with closing and asked what he can do and we asked him to cover our bills for that week that we could not use our home and he said he would get back to us- he NEVER called back but sent a letter from his attorney friend in the office next door to his. I paid 12000 to them to serve as my agent and didn't even get the basic duties owed to me as their client. I would NEVER recommend using this company, their professionalism is questionable at best and I am currently working with the IDPR to look into their real estate licensure since their failed their fiduciary duties owed to me as their client.
I am hoping that they will recognize their lack of professionalism and try to at least compensate for our inconvenience by cover the bills while we got behind a week due to their errors.
I am asking for the bills for that week to be taken care of (mortgage, taxes, insurance, movie fee we still had to pay even though movers couldn't start when we scheduled them because we didn't have a key to get in, and the city inspection fee/occupancy permit fee which per contract the seller was supposed to pay). This totals out to 725.65 which is far less than a reimbursement of their commission for failure to perform their duties owed to me as my agent or what could be fined and lost with the Illinois Department of Professional Regulations.
Adam's Auctions regrets that the complainant feels wronged, as this is certainly never our intention or desire. Adam's Auctions has been in business for over 26 years and has conducted more than 3,000 real estate auctions without any license discipline.
The Buyer's complaint centers around the following:
1.) Lack of Buyer Representation
Adam's Auctions, as is customary in the auction industry, does not represent the Buyer in any transaction. Adam's Auctions represents the Seller in all transactions. No fiduciary duties are owed to the Buyer. All persons purchasing real estate by auction are welcome to use the services of a licensed real estate agent to represent their interest as a Buyer. As an alternative to agent representation, legal counsel is welcome. It is stated in the signed "Auction Purchase & Sale Agreement" dated February 20, 2014 that legal counsel can and should be sought before signing the contract if not understood.
It is the policy of Adam's Auctions to treat all persons fairly, whether represented by an agent or not. We feel badly that the Buyer is upset; however, we did not treat the Buyer unfairly nor did we intend to cause the Buyer any harm or inconvenience.
2.) Keys to the property were not given to them until 45 minutes after closing.
Keys to the property were delivered to the property they purchased 45 minutes following closing. Buyer claims that this delay caused them to have to re-schedule movers.
3.) Documentation regarding utilities was not given to Buyer until a week after closing.
It is the responsibility of the Buyer to get the utilities turned on. The municipality where the home resides has a unique requirement that a special 'As Is' form be signed by the Seller when selling a property 'As Is'. Without this form, utilities cannot be switched into a new buyer's name. The closing occurred on Friday, March 21, 2014 and we were not notified by the Buyer until Tuesday, March 25, 2014, that the form was needed from the Seller. Buyer had not attempted to get utilities put into their name until this time. The form was signed by the Seller and given to Buyer within one day. Upon presentation of the form to the city, Buyer was informed there would be a customary delay in getting utilities turned on; however, the owner of our company called the city, on behalf of the Buyer, and asked that the utility activation be raised to high priority and they were turned on that day.
It is our belief that no intentional harm or damage was caused to the Buyer by our company. We hired a real estate attorney to discuss this situation with and to write the Buyer a letter. We were informed that the Buyer would be retaining a lawyer and were waiting to be contacted by that person. No contact has taken place.
We handle 300+ auction sales per year and do our best to help every seller and buyer through the transaction.