Complaint Category: Failure to honor a contract or agreement
Complaint: Residential Contract For Sale And Purchase not honored.
U.S. Postal Service certified letter of demand to rectify problem was refused at delivery.
On August 15th, 2012 we purchased a property located at ************* in Englewood, Fl.Prior to purchasing we signed a Residential Contract For Sale And Purchase dated 07-10-2012. This document is a form that has been approved by the Florida Realtors and the Florida Bar and is commonly used among Florida Realtors for real estate transactions.
On page two of eleven that was e-mailed to us from Corin Bay Real Estate realtor it is clearly marked that there were storm shutters and panels that were part of the sale and this form was signed by us, the buyers, as well as the realtor, and the seller. On July 13th,2012 we contracted The Home Team Inspection Service to inspect the property. This inspection company was referred to us by ******* ****** of Corin Bay Real Estate. On this date, we were unable to attend the inspection because we reside in Massachusetts and neither of our schedules would permit us to do so. During the inspection our inspector took pictures of "metal storm panels for all openings", and "permanent hardware on all openings". All of the items listed were pictured and noted on a report he prepared and sent to us by e-mail.The page with these pictures has a heading at the top stating that the "Property address is:*************,Englewood, FL XXXXX-XXXX. We based our decision to purchase the above listed property on information that was supplied to us by the realtor and the inspector. This information was corroborated through pictures in the inspection report which we paid $385.00 for,and statements made by the realtor that the storm shutters and panels were on the property and part of the sale as she noted on Residential Contract For Sale And Purchase.During the 24 hour walk through my wife's parents were present to ensure the minor problems with the house were corrected. They could not locate the storm shutters and panels that were said to be on the property. At that time, my father-in-law proceeded to check a storage area above the garage, but it was very full with the previous owner's belongings, so the storm shutters and panels could not be viewed. My wife's parents were specifically told by the realtor that they were there on the property, but she would have to find out from the owner who was away on vacation where she stored them. Throughout this entire transaction, we did not have contact with the seller until well after the closing date and every time we asked the realtor for her contact information, we were constantly told she was "unreachable by phone". We also asked the realtor several times throughout this transaction where said storm shutters and panels were on the property and each time her response was that she would ask the seller where they were and she would get back to us. In fact, she never said that they did not exist and she always said she would find out where they were kept.Upon the seller's return from vacation on 08-26-2012, which was after the official closing date of XX-XX-XXXX, we exchanged e-mails and that is when the seller informed us that there were never storm shutters and panels for the house. On that day, we sent her a copy of the inspection report with the pictures labeled "metal storm panels for all, by e-mail, which she viewed and noticed that the tree in the picture of the house was not her tree. She also noticed that one of the windows pictured was not hers. However, the pictures were extremely similar. Relative to the sale and purchase contract prepared by ******, and statements she made about the storm shutters and panels being part of the sale, along with the inspection report prepared by Mahoney, we were given the affirmed impression that that there were storm shutters and panels for all openings for this house. We are requesting that the house be equipped with storm shutters and panels as it was contracted or compensated for the same, but the realtor will not return calls, and "refused" to accept a certified demand letter from us requesting a solution.
Business' Initial Response
I've reviewed the MLS listing, the Purchase Contract, the Sellers Property Real Disclosure Statement and the Inspection Report provided by HomeTeam Inspection and spoken with the Realtor.
I've attached the MLS listing, page 2 of 10 of the Purchase Contract and Page 5 of 5 of the Sellers Real Property Disclosure Statement.
There is no mention of shutters on the MLS listing. Page 5 of 5, "Line 17. Other Matters", on the signed Sellers Property Real Disclosure Statement the Seller states, "no shutters". On the referenced page 2 of 10 of the Purchase Contract which begins with "Line 50 Section 5"; there's no reference to storm shutters(or in the rest of the purchase contract). Nor does the inspection report contain any reference to shutters. I'd have attached it as well but every page contains personal info.
Mr. ******, In reviewing these papers and speaking with the Realtor I believe any reference made to any hurrican hardening had to do with the Garage Door and the pins referred to in the Sellers Real Property Disclosure Statement. I further believe the report your referring to is the Wind Mitigation report of which we never received a copy. I was told by the Realtor that you had spoken with the Inspection Company and were told that he had in fact put the wrong pictures on your Wind Mitigation report (as well as two other reports)
As to refusing to accept a certified letter. This is the first we've heard of a certified letter.
Having seen it frequently, I appreciate the anxiety surrounding any home purchase, as well as how much more stressful that purchase is when that purchase is done long distance, hoping to consider and account for every scenerio and counting on other peoples ears and eyes.
I am sorry for the frustration you must feel and I'd be happy to review all of these papers with you personally.
Consumer's Final Response
Thank you for providing us with the response in regards to our complaint. It truly sickens us to read it which is simply just full of lies and fictional happenings. Her attachments also includes another altered document. Obviously she is trying to paint us in a bad light in order to make her case seem more believeable. It is very difficult to defend ourselves to you against someone who has lost complete sight of the truth. However, the fact is that her responses only strengthen our case to go forward, since they are loaded with lies and include falsified documents.
We have sent you the Seller's Disclosure earlier in this process, which clearly shows she altered it. The original one we had dated Juy. 9th had simply shows the "pool solar system" written in #17 Other Matters. ****** ****** went back in and added, "No shutters pins for garage door." As you can see on the line, the writing is not the same, which is incriminating in itself. Today we have also forwarded a second e-mail for your records in regards to her lack of credibility. This e-mail that she sent to us on July 11th reads in the first paragraph, " I will confirm with the seller regarding the car. Since she only has one, I don't think this will be a problem." That makes sense, but what she sent to you in her attachments along with her most recent statement has been altered and it does not even make sense. The copy she sent to you reads, " I will confirm with the seller regarding the car. Since she only has one, I ____ think this will be a problem." ****** somehow took out the word "don't". Also, just for the record, we are paying Out-of-State tuition for our son at FGCU and we were in Fort Myers to move him in for the semester. We did not bring any paperwork to the school. His tuition was already paid. Unfortunately, those are just a couple of the lies in her statement that she sent to you. We could go on and on rebutting her comments, but her statement just verifies how unstable and unprofessional she is and we cannot in good conscience let her continue to treat people in this manner who put their trust in her. This trust was magnified since we are out of state buyers. She completely took advantage of this and is continuing to do so to try to cover up her lies and mistakes. We understand the limitations of your organization and greatly appreciate your help in this matter. However, it is not resolved and we do plan to move forward at this time.
Please look for the email mentioned above that I have forwarded. The email is dated July 11, 2012. Please scroll down until you get to that email dated 7/11 and the part that has been altered by ****** ****** is in the first paragraph. I have put '******' in the Subject Box. Thank you very much for all of the time and effort you have put into this.
Complaint Resolution: BBB determined that despite the company's reasonable effort to address complaint issues, the consumer remained dissatisfied.