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Rigler Realty, Inc.

Phone: (727) 392-4782Fax: (727) 362-4618

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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
Advertising / Sales Issues1
Billing / Collection Issues0
Problems with Product / Service0
Delivery Issues0
Guarantee / Warranty Issues0
Total Closed Complaints1

Complaint Breakdown by ResolutionAbout Complaint Details

Complaint Resolution Log (1)
10/08/2013Advertising / Sales Issues | Read Complaint Details
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Complaint
Complaint regarding sale of timeshare in Aruba.
I placed a bid on eBay to purchase a timeshare in the ************************. My bid was accepted and I went into contract to purchase this timeshare through *********************** and the sales persons name was *****. After submitting a $1000.00 deposit to purchase the timeshare, my family and I suffered a catastrophic loss at the hands of hurricane Sandy. We lost our cars, home, belongings and literally everything we owned. I contacted ***** to explain that we had to postpone or cancel the timeshare closing as we were not in any position to continue with the purchase until we rebuilt our lives from the hurricane. ***** assured me that he understood and was having my deposit sent back immediately "to help us out any way he could". After a couple of months without hearing from him or receiving a check I called to inquire about my refund. I again spoke to ***** who said that "he was sorry for the delay and the check is going out today". One month later I still have not received a check. I called ***** who now refused to take my calls. I spoke to a Ms. ****** who stated she owned the company and the title company was refusing to release the check. I then contacted the tile company who stated the realtor (******) was lying to me and was demanding a commission for the sale. I am now still without a check and out over $1000.00 in deposits. The realtor will not return my deposit even after they assured me it was on the way months ago. We lost everything to a hurricane at no fault of our own and we are not in a position to buy a timeshare without having a home to live in or clothes to wear. I am requesting this be investigated by the BBB and would greatly appreciate your input. I have also contacted the attorney generals office in the state of Florida and they are opening an investigation as well for shady sales practices and misrepresentations. They have other complaints as well. Please contact me at XXX-XXX-XXXX if you need any further information. Thank you

Desired Settlement
Full refund of deposit or delivery of timeshare

Business Response
With all due respect to Mr. ****, many parts of his complaint are not accurate. I am not Ms. ******. There is not Ms. ******. Our broker's name is ***** ****** and he is a man. My Name is ******* **** and I am the Office Manager and Broker Assistant. Mr. **** is a previous client. Before contacting us about purchasing the above stated timeshare, he had purchased another Aruba timeshare from us in May of 2011, though our Ebay store. That purchase and closing went very smoothly and that why he contacted us again for our services. The Aruba timeshare that we found for him to purchase was through another broker, ***** with **********************. They were representing the sellers and we were representing the buyer, Mr. ****. In this transaction, the seller's broker contract was used, not ours. The other broker uses ************************** to close this Timeshare purchase. The title representative is *************. At the time the contracts were signed, **************** collected the $1000.00 deposit from Mr. **** by credit card. This means, ****** Realty was not holding escrow or any funds for this purchase. The contract that Mr. **** signed states "8. Buyer default: If buyer defaults, escrow agent will release the amount specified as the initial deposit as follows: one half to seller, and one half to the participating broker(s) as liquidating damages. Buyer shall also pay all title and escrow cancellation fees incurred, up the the date of default." When hurricane Sandy hit the northeast, we did not here from Mr. **** right away. When we did, it was past the ten day rescission period for the contract. When Mr. **** called, we gave him every opportunity to cancel the contract due to his obvious circumstances, even though the 10 day rescission period had past. At that time, he said he wanted to proceed with the sale and a family member was going to replace him as the buyer so he was still able to purchase the timeshare. We waited for a phone call from the family member so we could change the name on the contract, which ******* would normally charge $100.00 to change a contact name, but again, due it Mr. ****'s circumstances, there would have been no charge to do so. After trying to contract Mr. **** several time with no success, we waited, knowing that he was going through a difficult time. The next phone call from Mr. **** was received by ************* Real Estate Agent. I was told that Mr. **** asked for his deposit back. The fact that ******* ****************** was holding escrow, ***** could not have told Mr. **** that we would mail back his deposit, we were not holding escrow. ***** referred him to******, the title agent. After that contact Mr. **** was not happy about not receiving his deposit back. I (******* ****) spoke to him several times about his matter and trying to explain to him that we gave him opportunities to cancel the contract, but at this point the seller's wanted there 1/2 of the deposit. I told him that we would send him the $250.00 that was designated to our broker, the other $750.00 I would do my very best to see if I could convince the other broker to agree to release and try to have the broker talk to the seller and have them consider Mr. ****'s situation. The other broker was willing to give up their $250.00 as well to Mr. ****. ******* title was also willing to give up her cancellation fee and any other charges inured. The seller's on the other hand were not willing to give up the $500 of the deposit. There were many phone conversations between Mr. **** and myself. Mr. **** stated he was going to call his credit card company to file a charge-back. I told him I wish it would not have to come to that, but if that is what he thought was best for him and his family, by all means do what he thought was right. I told him I would keep working to get his deposit back. I explained to Mr. **** several times that we (****** Realty) were not holding escrow and if we were, he would have already had his deposit back. I offered to Mr. **** any documents he needed for the credit card company, etc, I could provide. He knew and I made very clear, we were here working for him, with no compensation or commission owed to us, what so ever, to help is what ever way I could. According to****** from ******* Vacation, escrow funds (or any part of those funds) can not be released until all parties agree how it will be disbursed. At that time, I wrote ******* Vacation, ***** from Timeshare Broker Sales and Mr. **** stating that we would like our portion of the deposit to go directly to Mr. ****. As time went by, the sellers had their lawyer send a letter stating the funds be disbursed as stated on the contract. I responded by again stating we would like our $250.00 to go directly to Mr. **** and if is disbursed to us, we would send to Mr. ****. On March 13, 2013 we all received another letter from the sellers' attorney, stating the same as above. I called Mr. ****, he had nothing to say to me except that HIS lawyer would be contact me. I asked for the name of this attorney and he just repeated the same, I would hear from his attorney. To this day, I have not. As I told Mr. ****, if I had control over escrow, I would give him back the deposit. We, at ****** Realty would like to see some human compassion **** the sellers and return the deposit. ***** at *********************** and the seller's were able to sell the Aruba timeshare to another buyer which was closed in July. ****** Realty was no part of that transaction. All around this is an awful situation and now made worse by Mr. **** making a complaint against our company which has an A+ rating for a very good reason. I again have tried to contact Mr. ****. I left a voice mail for him, however, I have not received a phone call in return.

Final Consumer Response
This response was provided verbally to BBB:

I haven't heard anything from the company for months. They told me I was getting a full refund and even told me that a check was in the mail. I don't know anything about the seller holding deposit and I don't believe they have any right to it because they never closed on the sale.

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