ComplaintsforWe Buy Houses Hotlanta

• Initial Complaint

  11/02/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  this company is a huge SCAM !!!!and not a real investor company ************* has exhibited unethical business practices. We strongly advise against engaging in any transactions with this organization. Their modus operandi involves enticing individuals or businesses into contractual agreements with the promise of purchase or service, only to later default on their obligations. To make matters worse, they have been known to conceal certain terms and conditions within their contracts, which may come to light after several months or underhandedly disadvantage the party involved."

  Business response

  11/03/2023

  Hi *****, I appreciate you taking the time to submit your complaint, but for numerous reasons, your statements are simply not true. 
  
  In order for you, or any other Seller, to be able to sell a real estate property with title insurance, it is standard practice in all transactions to get a full title search to confirm, for example; that the Seller(s) are who they say they are; are indeed the owners of the property; no liens or encumbrances are recorded against the property (if so, are handled at at or prior to closing); and to furnish a clear title commitment letter to the Buyer/Borrower. We promptly ordered a title search and our closing firm reach out to you multiple times to help cure several title issues related to the property. In response, they either received documents that were unrelated to what to they requested and/or appeared to have been forged and/or not signed by all parties related to BGW, **************** In particular, they received an Operating Agreement for the Corporation which is not sufficient to establish the legal entity and its practices. ByLaws were requested and then it was discovered that there was another individual involved but his signature was missing from several documents, dates were not matching up, etc. You refused to provide contact information to our closing firm for the other party involved so that they could assist with helping you clear the title issues. 
  
  As an example, our closing firm sent you an email on May 24th, 2023 as follows:
  We are in receipt of your revised documents and they have been reviewed by our attorney.
  Unfortunately, the revised Bylaws are not signed, dated, or certified and cannot be accepted. The revised Bylaws should also be titled Amended and Restated Bylaws
  The revised Bylaws must be certified, signed, and dated by the Secretary of the Company. 
  In addition, we will also need a Corporate Resolution stating that the Shareholders agree that the Bylaws can be modified removing *************************** from the list of Initial Directors, signed by both ***** and ***************************. We will also need a copy of Mr. ******* ID for our files.  I can draw that document up for your if you require.
  Please address these changes and send me your revised documents and the Corporate Resolution.
  Thanks
  
  After discussing this matter further with the head attorney reviewing the file, their statement was:
  "The issue to us is fraud. This, at the moment, seems like ***** is trying to commit some type of fraud in his efforts to sell the property and cut ******* out. Maybe it is not, but we want to do our best to prevent."
  
  Whether the intention was fraud or not, nothing seemed to add up during the course of the transaction. 

  In addition to the title issues mentioned above that you were not able to cure and defaulted on, here are a few additional points that I feel are worth mentioning. 
  1) While we were under contract, you signed a listing agreement with an agent to list the property on the *** in an attempt to sell to another Buyer. When we brought the listing to your attention and asked you for clarify why the agent was tortiously interfering with our contract and you were attempting to sell the property to another Buyer, you responded stating you were no longer going to sell the property and perform on the contract. We then sent you a Default Notice on June 5th, 2023 and that we would be happy to pick up where we left off when you were ready to move forward and be able to cure the title issues. To date, we have received an email indicating you were ready to move forward where we left off. To the contrary, it appears that you are now trying to sell the property to a 3rd party. 
  2) We received a notice on June 6th that you were requesting that we remove our lock box from the property in attempt to prevent us from access the property which was in Default of our contract. See below:

  Section 7: "Seller will provide a key for property access so that Buyer can show partners, lenders, inspectors/contractors and other interested parties prior to closing."

  Additional Terms: "Seller agrees to provide Buyer vacant access to the property from 8am-8pm M-Su via Buyer's combination lock box on front door." 
  

  3) This point is really minor, but to date, we do not have any written correspondence confirming that all of the utilities (water/electricity/gas) were turned on and functional. Only a message on May 3rd that the power was turned on. Whether the gas and water were turned on and functional was never confirmed to us. 
  > Section 7 - "Seller agrees to keep all utilities, including, but not limited to, water, electricity and gas, turned on and functioning throughout the duration of this Agreement and until this transaction has closed. "
  
  4) We received an email on 10/31/23 from ******* at National *******************, LLC that they were handling a closing on the subject property, that you were now selling the property to another Buyer, and requesting us to release our interest in the property.
  
  Per the Section 16: DEFAULT AND DISPUTE RESOLUTION
  194 (b) Seller Default: If Seller fails to perform any of the covenants of this Contract and sells the property to another buyer at any time prior
  195 to or after the Closing Date, any money paid by Buyer to Seller pursuant to this contract, as of the event of default, shall be returned to
  196 Buyer on demand and the Buyer shall be *********** receive any proceeds received by the Seller, as liquidated damages from the sale of the
  197 property to another buyer; or the Buyer may seek specific performance of the Agreement. Buyer shall also be *********** a return of the
  198 Deposit and shall be *********** recovery from Seller any and all costs incurred as a result of the Agreement including, but not limited to,
  199 loan processing expenses, title work, and closing costs. Seller Default includes, but is not limited to, the transaction not being closed
  200 because Seller is unwilling to complete the transaction or because Seller cannot deliver good and marketable title. In connection with any
  201 dispute arising out of this Agreement, the prevailing party will be *********** recover any and all costs incurred as a direct result of such
  202 dispute, including but not limited to, reasonable attorneys fees.
  
  We sent a very reasonable request to the closing firm that is handling your new closing with the 3rd party in order to release our interest. In return, you are now attempting libel against our company. 
  
  We are severely disappointed that despite all of our sincere efforts to help you get this transaction closed, including myself, my assistant, and our closing firm, you are now attempting to make erroneous statements about this transaction and our company, which you defaulted on, and are now selling the property to another Buyer. 
  
  We are willing to and would like to come to a fair resolution on this matter. Please let us know how we can help. 

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