ComplaintsforMark Spain Real Estate

• Initial Complaint

  05/06/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Unanswered

  More info

  This company with the help of *************************** tried to defraud me out of my equity, without my knowledge making me pay the buyers closing cost they have unethical practices once I gain knowledge of this. I told him I wouldnt and they said Im gonna as if they was gonna make me pay the buyers closing costs. Told me I must go through with the sell or the buyer will come after me. In which was a lie.

• Initial Complaint

  01/22/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Excessive radio and TV commercials, excessive billboards along highways, destroying my life

  Business response

  01/23/2024

  Hi *******, Thank you for your review and feedback on our advertisements. We are grateful for today's landscape to ensure we are reaching as many families as we can to sell or buy their next home. We have forwarded your complaint to our Director of Sales! 

• Initial Complaint

  12/16/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I am actively working to buy a property located in ******* **. A seller contacted my company to sell who we went under contract with and have a set closing date for ******** The seller contacted us this week notifying us that they got a higher offer and they were seeking to terminate (which our contract does not allow for).The next day (12/14/2023) *****************, a representative of Mark Spain Real Estate, a competitor to my company, contacted my company on a recorded line and asked for copies of the contract, she had the seller on the line, and she advised my company that she was under contract with the seller representing him as a realtor and that she was familiar with groups like mine and that she was helping the seller. I advised her that we have an enforceable contract and notice of interest against the property. Today (12/15/2023) the seller becomes in breach of contract and is now actively working with an attorney to try and terminate on an enforceable contract. Its obvious that ********, who works for a competitor of my company, Mark Spain Real Estate, has made an offer on the property and had encouraged the seller to become in breach of contract. This is not only bad advice for the customer as we will now enter into an expensive litigation case costing the seller considerable time and money - but it also represents what seems to be a textbook case for tortious interference.

  Business response

  12/27/2023

  Hi *******, Thank you for sending us your information on your experience with our agent. We have connected with our Director of Sales, they are actively looking into this! Mark Spain Real Estate values leading with a servant's heart while reaching our clients' real estate goals. 

• Initial Complaint

  08/17/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I started working with Mark ********************** and his agent ***************************** on 07/20/23 to shop my property among its cash offer investors for a quick sale. I made a mistake I was a little too trusting of their agent *****************************. I gave ****** extra trust because he is a fellow agent. My license is in a paused state and I thought it would be more profitable and quicker to work with an active agent so I decided to work with him. The problem with ****** started when he had me signing disclosure docs regarding my home and slipped in the listing agreement with a one year term but never discussed it with me. I found out about it when his office email me saying thanks for listing with us on 7/20/23. I reviewed that email at a later date and checked the docs attached to find the listing agreement. I only wanted my property pics shown to potential cash investor to see the best over I could get then make a decision on what I wanted to do from there. I had a conversation with ****** about the listing agreement and told him we did not discuss a exclusive listing agreement or any listing agreement. I told him I didn't want one. I also was clear with what I wanted when explaining the services I needed from him so he knew I didn't want listing agreement. He assured me not to worry and that he would cancel anytime I asked, he also told me that **** ********************** realty has a policy to cancel the listing agreement when a customer request not to continue to work with them. ****** said he set up the listing agreement that way (signed) so that if and when I decided to list my property all I would have to do is say go to get that process started. He said he also needed a signed listing agreement to work with his cash investors and exclusive listing agreements were the standard at Mark **********************. After being dissatisfied with the investor search using ************** decided I wanted to take the sale of my home into my own hands and requested on 8/14/23 that the Exclusive Listing Agreement be cancelled and to send me a mutual cancellation document as proof. I asked ****** when could he get the doc to me. ****** said he would email the document out on the next day the 15th. On the 15th I never received the document and he did not pick up his phone or call back after I called him. I called the office and spoke with the receptionist ************************* and she said she will get with ****** and management to make sure I got the document emailed today on 8/16/23. I later received an emailed doc in it a message about no longer being active in the *** but nothing that look official cancelling the exclusive listing agreement (No mutual exclusive listing cancellation doc). ******************** called me a couple hours later stating he would get the document to me via email by end of day. He said he had always been a man of his word thru out this process with me and he had only been a little late getting the document to me. Guess what I still didn't get emailed the cancellation. I made it clear to ****************** I needed the cancellation doc before I could move forward with an offer. **************** often does things later than he says and thinks its OK. Message to the public this is not how real estate agents are trained and this is not what the **** expects of an agent when licensed beware of what you sign when working with Mark **********************, *****************************, or any real estate agent. My home has not been listed on the *** or physically shown at my request. I am currently checking with the **** to see if they can help where the Broker Mark ********************** has dropped the ball. This is something that could have been easily solved I even gave **** ********************** Realty and ******* ******** a heads up call. Mark Spain Real Estate Address: ************************************************************************ Phone: **************

  Business response

  10/24/2023

  Thank you for providing specific details of your experience, this allows us to learn more to continue growing and improving! Signing a listing agreement is a standard best practice when working with Mark Spain Real Estate, regardless of the selling program chosen. This protects the seller and the agent to ensure a smooth transaction. Our clients are under no obligation to accept the offers presented and their agent strives to be as transparent as possible to guide the client in a successful sale with full understanding and trust from the first phone call, past the closing table. We have connected with our Director of Sales and agent about your experience and want to thank you for providing us with the opportunity to grow and improve! 

• Initial Complaint

  07/10/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I purchased my house from Mark ********************** on march 31, 2023. On July 6, 2023 I had a contractor come to my house because water was dripping from my porch for days. On that day the contractor noted that someone put nails on multiple pieces of the front of my house allowing the siding and decorative pieces to cover the rotted water logged wood. Also on that day he informed me that they painted over some rotted areas around the windows instead of fixing it. While entering the garage and moving a piece of wood that was only recently nailed in he noticed mold and water damage as well. So it seems like someone tried to hide the fact that this house had extensive water damage. I now have to pay over $5000 to get some wood replaced due to negligent misrepresentation on a material fact for the house I was purchasing. I would not have purchased my home with extensive damaged had I known or seen this but instead it was hidden.

  Business response

  10/24/2023

  Hi *********, Thank you for taking the time to provide a review on your experience and provide additional details. Mark Spain Real Estate values remaining transparent and serving our clients in receiving an unparalleled client experience. We were founded on placing the relationship over the transaction and feedback like this serves us in continuing growing and improving. We have connected with our Director of Sales and team internally to inform them of your experience and have connected with your agent on this matter! 

• Initial Complaint

  04/22/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I contacted this company regarding their advertised Guaranteed Cash Offer Program. A sales agent came to the house and was pushy about signing a listing agreement and even pushed a document to me to sign. I advised that I wasnt interested in selling it on the open market and that my my interest was only in the guaranteed cash offer. The agent finally left after taking video both in and outside the house. I was later contacted by an individual asking to come over to inspect the property. A time was arranged and the individual came and inspected the property. We waited for days and heard nothing. I contacted the agent regarding the cash offer and they wanted to come back to the house. I commented that wed need the cash offer first. They stated that I needed to remember that they were now my listing agent and couldnt send me a written offer or simply tell me the offer amount. I reminded them I never signed anything making them my listing agent. Bottom line is I never received an offer. I believe they just wanted a listing and had no desire to make a guaranteed offer. It felt like a scam and was a waste of my time. Bait and switch came to mind.

  Business response

  05/08/2023

  Hi *******, Thank you for sharing your experience. We are grateful to receive feedback from all perspectives to continue growing and improving as a company. We have connected with our Director of Sales to reach out to you! We are sorry for your experience as that is not the service we strive to deliver and will grow from this! Please let ** know if you need anything else!  After filling out the forms on our website and speaking with our Inside Sales Agents, our Exclusive Listing Agents connect with you to determine your selling goals. After strategizing to find the best selling solution to reach your real estate goals. When receiving a Guaranteed Offer, an inspection on the home is completed before an offer can be presented. We strive to be thorough up-front to ensure a ***********! 

  Customer response

  05/08/2023

   
  Complaint: 19969214
  
  I am rejecting this response because:

  The house went through the inspection for the guaranteed offer and the offer was never presented.  On two occasions I requested the offer information from the agent. The agent responded that they wanted to meet with me. I was not comfortable with meeting as they were aggressive in wanting to list the house even telling me that we had an agreement. We did not.  I never signed anything. 
  

  Since the the guaranteed offer inspection was competed I would like to see the offer.  
  

  If this cant be accommodated, then the company falsely advertised the guaranteed offer promise in order to bait and switch.

  I would like the original offer for review and if acceptable for the company to follow through with their advertised program. 
  
  Sincerely,
  
  *****************************

  Business response

  05/10/2023

  Hi *******, We appreciate you for taking the time to allow us to grow and improve from your experience. We would be grateful to connect with you on the Guaranteed Offer program and serve you in selling your home. We are actively in communication internally with our team about your experience! With our Guaranteed Offer program, we would be marketing your home with one of our Exclusive Listing Agents. It is standard protocol for our agents to have an Exclusive Right to Sell Agreement signed and an inspection completed before they can start sourcing offers and marketing your property internally. Under ************** Real Estate Law, the real estate firm must enter into a written Exclusive Right to Sell agreement with you before we are allowed to begin marketing or showing your property to prospective buyers or taking any other steps to act on your behalf.

  Customer response

  05/10/2023

   
  Complaint: 19969214
  
  I am rejecting this response because:
  
  Sincerely,
  
  *****************************

• Initial Complaint

  04/14/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  False advertising. I filled out the form under the understanding that I would get a "Cash Offer Today"....Not tomorrow, not in a few weeks. It specifically says: "Get a guaranteed offer on your home, today". Now that I have filled out the form and NOT received a price... I have been called by a scheduler to have an agent come to the house and do an assessment in a few weeks. This is NOT acceptable. They advertise that NO ONE needs to do an open house, come through the house...etc... Very misleading.

  Business response

  05/04/2023

  Hi, Thank you for taking the time to leave us a review on your experience! Our Guaranteed Offer program allows our clients to receive an offer in as little as ************************************************************** as little as 21 days! After you submit the form on our website, our team verifies if your home meets the program requirements, which are listed on our website. After this, a Guaranteed Offer is contingent upon inspection. The program is very sought after with its ability for the client to close on their home with no showings and no open houses. Every client's selling goals vary, it is important to ** to provide a personalized selling experience to ensure we are not only reaching but exceeding the client's real estate goals. We also strive to remain transparent, all of the above information is listed on our website, here.  We have forwarded your concern to our Director of Sales as well with your contact information to reach out to you. Thank you again for sending ** your concerns, we are grateful for every opportunity to grow and improve as a company to continue serving our clients in reaching their real estate goals. if you have any additional questions or concerns, please feel free to contact us at ************, we are happy to take the call! 

  Customer response

  05/10/2023

   
  Complaint: 19937881
  
  I am rejecting this response because:

  Their ad says offer same day not a month later  

  False advertising 

  Further now bombarded with ads (emails) and phone calls that are never requested 

  
  Sincerely,
  
  *******************

  Business response

  05/10/2023

  Hi *****, We would be grateful to connect on this and have been in active communication with our team! There are a few steps to receiving a Guaranteed Offer through Mark Spain Real Estate. After you submit the form online, one of our team members will connect with you to gather more information and connect you with one of our Exclusive Listing Agents. Our Exclusive Listing agents will then connect with you about your selling goals to ensure they can personalize your experience and reach all of your selling goals. Our agents will ask you to sign an Exclusive Right to Sell agreement, which is a requirement in the real estate industry, to work on your behalf and will allow our agents to market and present your home to prospective buyers to present you with your Guaranteed Offer. On our website, the frequently asked questions outline the process of getting your Guaranteed Offer in as little as 21 days. 

• Initial Complaint

  12/26/2022

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  In regard to ads for the "Guaranteed Cash Offer" from Mark ********************** on radio/TV, I contacted them and OpenDoor with the intention of taking the highest offer. Had the walkthru with both on same day and OpenDoor came back with their offer in 2 days. After a few days the OpenDoor switched from "accept offer" to "refresh offer". So when I did that it went up about 9K. At this point, **** ********************** advised it had been sent to the investors and just waiting to hear back so I decided to wait to see which was higher. After 2 more days, OpenDoor called and advised a system error had affected some offers and mine had to be refreshed again, which reduced it by 9K. I asked them what would have happened if I had accepted that offer and they advised they would have had to honor it.Now **** ********************** advises he has 5 investors interested, but they want to see the Listing paperwork first? When I inquired as to exactly what that meant, I was told I had to sign a short term listing agreement and that no offer was even allowed to be presented to me without one. I have read thru a lot of reviews/complaints over the past few days about the bait and switch tactics of Mark **********************. Baited by a cash offer and switched to a market listing. I could sense that kind of thing coming, as the agent advised the investors will often pull out just before closing. Well if they can pull out, then how can it be considered a "Guaranteed" offer? Doesn't the word "guaranteed" carry with it some kind of legal requirements the company using it must adhere to? Anyway it seems to me more like blatant FALSE ADVERSTING than bait/switch. There is nothing in the ads OR on their website that says anything about having to sign a listing agreement in order to get a cash offer, it says NO OBLIGATION!So I just lost 9K waiting for a cash offer from **** ********************** that was NEVER coming in the first place. Merry Christmas to me...thanks **** **********************! Nothing but utter and complete LIES and FALSE ADVERSTING!!!!

  Business response

  12/29/2022

  Thank you for taking the time to provide feedback on your experience with us, our Director of Sales is going to reach out to you to learn more. We are grateful to provide families with a streamlined sale through our Guaranteed Offer, however, there are some requirements that are listed on our website. In addition, we do ask that clients sign a listing agreement to be represented by our Exclusive Listing Agents. They will guide you through the entire process and you will be backed by a team of experts to ensure an unparalleled client experience is delivered. We strive to place the client first and look forward to connecting with you!

  Customer response

  12/29/2022

   
  Complaint: 18639628
  
  I am rejecting this response because:  there is nothing in the ads or on the website that says anything about having to sign a listing agreement in order to get a cash offer.  LIsting agreements are for the other option:  going to market.
  
  Sincerely,
  
  *****************************

  Business response

  01/17/2023

  We are eager to source offers for our clients both through our Guaranteed Offer Program and our Market Listing Program. In order for us to present any offers to our clients legally under the real estate commission guidelines as active and licensed Realtors, we must have a listing agreement in place. That said, there is no obligation and our listing agreements can be cancelled at any time. Our clients are not obligated to accept any offer or use our programs to sell their homes if it doesn't align with their goals and needs. We are sorry to hear about any issues with offers from any other real estate companies, but we are not able to control the experience they deliver to their clients. We would welcome the opportunity to serve any client in accomplishing their real estate goals!

  Customer response

  01/17/2023

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  *****************************

• Initial Complaint

  10/29/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I filled out a form on their website after seeing their ads everywhere. Get a Guaranteed Cash Offer and other similar verbiage makes it seem they also buy directly. An agent and broker showed up mentioning everything but. Again their marketing won me over even after the bait and switch. I agreed to let them attempt to sell off market. Turns out the only thing they were good pitching were themself. I will say the agent herself was great, the company is where the problem lies.

  Business response

  10/31/2022

  Hi *****, Thank you for taking the time to leave a review and provide insight on your experience with us! We have connected with our Director of Sales and he would like to speak further on your experience and will be calling you shortly! However, to provide more clarity, after completing the form on our website and getting connected with one of our Exclusive Listing agents, the team member connects with the client on their real estate goals. If the home meets the requirements on the website, located here, and the client wishes to sell their home through our Guaranteed Offer program, they can receive a competitive all cash-offer- contingent on the inspection and close in as little as 21 days upon accepting the offer. Our agents lead with a servant's heart to reach the clients real estate goals and sell their homes stress-free. If the client wishes to sell their home traditionally on the market, their Mark Spain Real Estate can serve them in doing so as well. We have various selling options to provide a more personalized experience. 

• Initial Complaint

  10/04/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I signed a Contract with *************** in January 2022. My house needed a Bunch of work ( Windows replaced, both Both Bathrooms needs redone. Kitchen Cabinets and Counter Tops, New A/C Ducts ) I was going to get the Money to get this done.$ 20-30.000 , Someone said try and sell it , the Market is Strong. The Agent came out, we sat down and talked, Told her about all the Problems and what it would take to fix it to sell it, She said dont spend that Money wS can Sell it for you. We singed a contact for $ ******* Guaranteed Offer. Here it is October, the market is down and still No Sale. *** got offers and soon as they come in to inspect , they pull the offer. Right now 10/4/2022 the agent is trying to get a $ ******* offer. I feel Ive been Duped, Bait and Switch. Im 66 years old and should not have to go through this. I did not hear from someone till June, dont know why.???? Thanks *****************

  Business response

  01/13/2023

  Hi ******, 

  Thank you for contacting us, and we would welcome the opportunity to connect with you about your experience! Our Director of Sales will reach out to you to learn more about how we can better serve you and our future clients.

  We are thankful we have had the opportunity to serve you, and we are grateful your home is under contract! We are looking forward to your closing in a few weeks. Thank you again for contacting us to share feedback about your experience!

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩