Business ProfileforDune Allen Realty, Inc.

I am 82 years old as of July, 2021, have two artificial knees, and chronic hip bursitis. As such, climbing stairs is painful and quickly exhausting. So, when I viewed Chablis by the Sea in the summer of 2018, a primary reason I elected to rent the house was the presence of an elevator. I rented Chablis by the Sea in 2019 and used elevator without incident. I rented Chablis by the Sea again in 2020 and, after checking in, discovered elevator was disabled. I called Dune Allen Realty and, after making them aware of my disabilities, the agency enabled the elevator. I rented Chablis by the Sea once more in 2021 and, again after checking in on Friday, July 23rd, discovered the elevator was disabled. Despite knowing of my disabilities, Dune Allen Realty refused to enable the elevator. They claimed that the owners had decided not to allow renters to use the elevator sometime after we signed the 2021 rental agreement on 6/28/2020. Despite having known about my disabilities for over a year, Dune Allen Realty failed to notify me that I would not be allowed to use Chablis by the Sea's elevator during my 2021 rental. I assert that this is a violation of Standard of Practice 9-1 of the Code of Ethics and Standards of Practice of the National Association of REALTORS® (https://www.nar.realtor/about-nar/governing-documents/code-of-ethics/2021-code-of-ethics-standards-of-practice), which reads: "For the protection of all parties, REALTORS® shall use reasonable care to ensure that documents pertaining to the purchase, sale, or lease of real estate are kept current through the use of written extensions or amendments. (Amended 1/93)" The 2021 rental agreement and current online property listing (see attached) are both "silent" as to the elevator's availability or unavailability. Given my "course of dealing" with Dune Allen Realty in renting Chablis by the Sea in 2019 and 2020, I had every reason to believe I would be allowed to use the elevator. Adding insult-to-injury, my grandson-in-law had knee surgery a week and a half prior to my 2021 arrival date and was on crutches during the duration of the rental. His decision to join my family and me this year also relied on the precedent set during my 2019 and 2020 rentals. Thus, I assert that refusal to allow me and my grandson-in-law to use Chablis by the Sea's elevator plus Dune Allen Realty's failure to notify me of the change in owners' elevator use policy prior to and during check-in constitute a "material breach of contract". Given the physical pain and exhaustion my grandson-in-law and I suffered as a direct result of the owners' and Dune Allen Realty's not allowing us to use Chablis by the Sea's elevator as well as the concomitant loss of enjoyment of Chablis by the Sea, I assert that I am entitled to "compensatory special damages" of 10% (ten percent) of the amount I paid to rent Chablis by the Sea for a week during the summer of 2021.

Dear Mr. *******,

Although we're certain by your review that these words won't matter much to you we are so very sorry for the inconveniences you faced while staying at Chablis By The Sea. At Dune Allen Realty, our entire corporate mission revolves around making our guests happy and providing safe, clean, comfortable, and beautiful homes to spend their South Walton vacations. When we receive an unhappy review like yours, we feel terrible. However, there are a few things we need to point out for clarity's sake.

Although you had used the elevator in the past, at no point is said elevator advertised as a feature of this home. We do not mention it in our description or provide any photographs of it mainly because the homeowner does not want it to be used. From a liability standpoint, an elevator in a vacation rental home is a huge risk to the safety of the guests and the condition of the home. Due to significant damage to the home from previous elevator use, this particular homeowner has ordered that the elevator not be used at all with no exceptions and we must obey their wishes. It is, after all, their home.

We understand that having used the elevator in the past when the elevator was left on in error you were expecting to be able to use it again. This makes perfect sense. We only wish that you had conveyed your need for an elevator to us prior to making your reservation. At that time we would have certainly recommended another home that would have suited your needs better. And although we adore all of our guests and try our best to remember each and every guest preference, it's simply impossible to recall every detail. Your preference for an elevator is such an important requirement for you we feel it should have been mentioned by you at the time of your booking. We only wish this simple communication has taken place.

We wish you all the best.

Beth ******