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Consumer Complaints

BBB Accredited Business since 02/22/2013

FS Benchmark Real Estate

Phone: (520) 940-3567Fax: (520) 300-8222

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Customer Complaints Summary

1 complaint closed with BBB in last 3 years | 0 closed in last 12 months
Complaint TypeTotal Closed Complaints
Problems with Product / Service1
Advertising / Sales Issues0
Billing / Collection Issues0
Delivery Issues0
Guarantee / Warranty Issues0
Total Closed Complaints1

Complaint Breakdown by ResolutionAbout Complaint Details

Complaint Resolution Log (1)
01/24/2014Problems with Product / Service | Read Complaint Details

On Jan 6, 2012 I had a ppt. with a ***** ******** owner of Bench Mark Realty, 54 Ray Burn Pl., Tucson, AZ XXXXX to be shown 3 mobile homes in Tucson area. ***** ******** picked me up at a shuttle service station in S. Tucson called "Sergio's Shuttle" I still have the receipt I pd. From Benson AZ and back) $15 1-way.

After Mr. ******* drove me to the address of the 1st mobile home off Ajo Rd. which was vacant he stopped the car and before I could get out of the car, he reached into the back seat of his car, touched his briefcase (never opening it) and said: " I don't have my pass key to enter the mobile and show you the home"!??? This was a pre-planned appt. and I have never in my life heard of any realtor not having a remote access key - this was a foreclosure and one key fits all foreclosed homes and a realtor never leaves that at home! I asked Mr. ******** could he drive back to his home /office and get the key as I very much wanted to see the inside of the home and he said "No" (no reason given).

I was scheduled to see 2 other mobile homes also quite near this one, one near Silver Bell Rd and another one Mr. ******** refused to even drive me by them or re-schedule my appt. saying: "he didn't have time" as he had another appointment?"

A paid $30 round trip from Benson, AZ for their appt to see their 3 properties and their was a pre-set and pre-arranged appt. made days prior not only was I denied the right to view these properties, I wasted $30 (see complaint online). **

Desired Settlement
I demand reimbursement for the $30 from their ***** ********. I was and am a serious cash buyer I desperately wanted o view these homes. Why would a licensed real estate "professional" allow a client to spend time and money only to deny them showing these properties and as I said their appt was made many days prior.

Business Response
Dear BBB of Tucson,

The following facts and documents are submitted in response to Ms. *******'s complaint, in an effort to establish that her claim is invalid. It is difficult for me to understand why she waited 21 months to file a $30.00 complaint. Fortunately, I kept the entire file in my archives.
Ms. *******'s complaint contains only the very smallest tip of a gigantic "Iceberg" of information and events spanning a seven month period from June 13, 2011 to January 5, 2012. I respectfully submit the following:

1-SEE ITEM NO. 1- Buyer Broker Exclusive Employment Agreement, which Ms. ******* refused to sign officially hiring me to represent her as my "client". AS a result I worked with Ms. ******* being a "customer" at discretion. After 7 months of making sincere and diligent efforts to help her, I felt I had a valid reasons to discontinue my efforts in her behalf. She therefore has the dubious distinction of being the only customer or client that I elected to discontinue working with in all my 19 years as a real estate agent/broker in Tucson. It should also be noted that before calling me, Ms. ******* has been working with a different Real Estate Agent, who she told me eventually refused to answer her phone calls.

2.--SEE ITEMS NO. 2 THROUGH 12--The extent of my diligent efforts in her behalf can be established by the 2 inch thick file of listings, documents and letters in my office. I am happy to make them available, if necessary. They contain at lease 10 different property searches from July 1, 2011 to January 5, 2012 and containing no less that 58 properties that were either discussed in person, over the phone, or mailed to Ms. *******, at her request including a detailed map of the specific location of each one. My records indicate she came to Tucson on at least 3 occasions and I escorted her to and showed her many properties. PLEASE NOTE: Each time I traveled from my office, picked her up at the shuttle station and traveled extensively to the various properties. I estimate that, each time, I traveled about 50 miles from my office to the areas we visited, not to mention the traveling between listings we viewed, probably a total of 75 to 100 miles traveled each time. THE DISAPPOINTING ELEMENTS OF DEALING WITH MS. *******: As the comments in her letters will indicate she is extremely demanding, unreasonable, and indecisive. Properties she liked, she felt she could not afford and properties she could afford she did not like at all. A number of times as he letters will indicate she resorted to complaining about the services I was rendering to later outright insults, demeaning comment and unfounded accusations and finally, to calling me a liar. She was also highly critical and judgmental of those we met in our property visits, in most cases without any proof or valid reasons. We did discover on property that she thought might work out, the one referred to in her letters as "Filmore". We visited the property no less than 3 times, and after each time she failed to even make a definite decision either way. There was always the fear of some hidden or fraudulent flaw that worried her. Mostly it was the fear of the dirt road or roads that would have to be traveled.

3--SEE ITEMS NO. 13 & 14. After all of the above happening and finally after being called a liar, I wrote Ms. ******* the letter you will find identified as item No. 13 Item No. 14 is that letter Ms. ******* returned to me with her "comments". I refused to answer those highly emotion charged attacks. They, in my opinion were Ms. *******'s attempt to justify her previous attacks, shift the blame to me for all and any difficulties she perceived and just another opportunity for her to vent her angry tirade and demand $30.00

MY COMMENTS ON THE VENT IN QUESTION: Ms. ******* and I did have an appointment to view several properties on the day in question. I did, in fact forget my key safe opener, so after the first property which evidently did not require my key safe opener, all we could see was the outside of the second property that day. I did offer to drive to her home in Benson to pick up a week later and the take her to see that and any other properties she wanted to see. In fact, all properties we were to see were on dirt roads, which she had already expressed she would not really want. After her tirade and calling me a liar, I felt I ha no recourse but to withdraw. It was then that I wrote the letter included as Item No. 13. Under the unpleasant circumstances, which I feel Ms. ******* was responsible for, I did not feel I was responsible to pay her shuttle fare.

MY RESPONSES TO MS. *******'S COMMENTS ON ITEM NO. 14. She presumes I had an ulterior motive in working with her, which is false.
She denies that I apologized, yet admits I had offered to pick up a Benson a week later, which shows a gross inconsistency in her comment.
She says, "You are the slowest person I have ever met, you never really helped me at all." The documents attached show that to be gross inaccuracy.
She asserts that if she waited a week to see the properties we could not get into that a week would cause her to miss good opportunities to buy. A gross inconsistency since she would let weeks and even months go by between her appointments to see homes, and in the case of the "Filmore" property why was she not afraid that waiting weeks between visits would cause tat one to be sold out from under her? So her comments in this regard appear to be grossly exaggerated.
She accuses me of "lack of service". The record and the documents and letters speak for themselves. No reasonable person would make that drastic and unappreciative a comment.

CONCLUSION: In any question remain in the minds of the BBB Resolution Administrators, please feel free to notify me at your convenience.

Also: I have expressed how I feel regarding Ms. *******'s demand for a $3000 reimbursement as well as my reasons for feeling her demand is not valid under the circumstances, however I am open to listening to a third neutral and objective party's input as I would like to put this matter behind me for good (see response online). **

Final Consumer Response
Ms. Alvarez,

I definitely need an appropriate answer as to why my appointment with ***** ********, Broker of Benchmark Realty was not cancelled by Mr. ******** prior to Jan 6, 2012 if he had "another appt." (which is what he told me after he picked me up at Sergio's Shuttle in Tucson and had stopped at 1st mobile I was supposed to be shown by him but wasn't because he also sad then that he has no key? Then how could he show other homes to another buyer whom he said this same point and time. he had another appointment with? This does not make sense! I need a honest answer as to why he allowed ($15) 1-way when he had another appt.? He did not forget my appt as he was there at Sergio's to pick me up! money does not grow on trees and I don't throw $30 away but this is what I was forced to do by Mr. ********. I pd. fare up and back! (see final response online). **

Final Business Response
I have read Ms. *******'s "rebuttal" very carefully and my conclusion is that she continues to make highly emotion charged, unfounded, invalid, and unsubstantiated charges and insinuations, without providing any documentation or reliable evidence that they are valid and factual. All I read are personal, biased, and subjective remarks by Ms. *******. On the other hand, I have submitted copies of documents and, copies of both her letters to me and my letters to her, to corroborate the statements I made in my response to her original complaint. I therefore have nothing further to add, except to say that after being called a bold faced liar by Ms. *******, I felt I had the reasonable prerogative to withdraw from attempting to assist her, without paying for her carfare.
At this juncture I am open to listening to whatever objective and impartial views the Complaint Resolution Dept.of BBB has to offer, as I am at the point where I feel this matter needs to be settled with neutral outside assistance and mediation.
Respectfully Submitted,
'***** W. ********

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Real Estate, Property Management

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