Complaints

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• Initial Complaint

  Date:06/11/2024

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I had a property management contract with Hawaii Sands Realty (HSR) for my property at *********************************************, which I terminated on 5/31/2024, to match their clients (my tenant) lease agreement end date. HSR rent payment is to be deposited in my account on 10th of each month but was not deposited on 5/10/24 because it was last month of lease & I was told it was to be deposited on 6/1/24. It was not. On 5/31/24 the tenant refused to vacate the unit, intending to be a squatter& threatened to file a sham lawsuit. In response, HSR allowed the tenant to receive 100% of damage deposit back despite the unit not being returned in original per lease agreement. HSR sent an email to me stating they would pay for maintenance workers to make repairs and clean unit to original condition and pay me the rent for the days in June during this work until unit was returned to me. On June 7th HSR advised unit was completed and returned unit keys via lockbox. However HSR did not return the unit in original condition and did not pay me 7 days of rent as agreed. On June lockbox. However HSR did not return the unit in original condition and did not pay me 7 days of rent as agreed. On June 10 they sent me an owner’s statement showing the money in my account with them was a total of $0.00 and amount owing to me was $0.00. They do not return my phone calls and do not respond to my emails. I still have not received the April rent payment held by HSR.

  

  Business Response

  Date: 06/12/2024

  Aloha, Here is the response that we sent to the complainant, ***** ********. Because this text field does not allow for text embedded hyperlinks, I am providing a link to the parent folder containing all of the referenced files. *******************************************************************************
  With regards to the clients claim that we did not answer her phone calls or emails, please be advised, she emailed us after business hours on Monday, June 10, a state holiday. Nonetheless, on Tuesday, June 11 we did reply back to her via email, letting her know that we would have everything closed out by the end of Wednesday, June 12. Our final reply is pasted below. Please let us know if there's any other information that you might need from us. We feel that the client has misrepresented the situation, and therefore request that this complaint be rescinded.
  Dear Ms. ********,
  
  As promised in my email yesterday, on King Kamehameha Day, I have finalized auditing and closing your account with Hawaii Sands Realty. 
  
  Per the terms of your management agreement(s), you may view all ledgers, property evaluations (inspections), and work orders completed on your properties at ****** ******* *** *****, ****, ** ***** and **** *** ***** ***** *****, ********, ** ***** through your online owner’s portal.
  
  I will also take this time to address some of the concerns you raised with me on your calls of May 24, 2024. Recordings of your calls and copies of email correspondence are available via this link. 
  
  The concerns you raised, and my responses, are as follows:
  
  May 24, 2024 call Pt.1, you claim at 0:26 that Alex W***** (Alex) was “gaslighting you” and that you do not feel like you received services you paid for. You specifically mentioned a studio at Pearl Ridge where you felt that Alex failed to represent your interests when he refunded your tenant, ***** ********, his full security deposit stating that the property was not cleaned and carpets shampooed.
  
  The circumstances, as I understand them, are the Mr. ******** had been your tenant for a decade or more when you hired Hawaii Sands Realty as your management agent. I call your attention to the property management agreement you signed in 2022 and again in 2023, Clause J Security Deposits, which states "Whenever Agent assumes management where the tenant was placed by another party, Owner acknowledges that Agent will only be able to charge for damage that can be documented as occurring during that tenancy by way of a written property condition form or move-in inspection completed when the tenancy began and acknowledged by Tenant.”  Despite advising you of this limitation and requesting any move-in conditions foms when we began management, you failed do so. Furthermore, According to HRS CH 521-44 Landlord to supply and maintain fit premises (a)(6) "If the landlord fails to make such an inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy shall be rebuttably presumed to be the same as when the tenant first occupied the premises.” Your argument that we were favoring your tenant in this situation is without merit. Pursuant to the property management agreement we, in fact, followed state law with respect to the security deposit disposition for that tenancy. I’m sorry you feel otherwise and object to your mischaracterization and slandering of Alex as having “gaslighted” you. 
  
  
  
  May 24, 2024 call Pt.1 at 4:17 on the first call you bought up your concern about a work order (#******) created on My 16, 2024 at 8:55 a.m. by Alex when the tenant reported they would occasionally find a small puddle of water around the washing machine. According to our records this work order was assigned to, and accepted by, Budget Appliance Repair at 9:08 a.m. that same day. As this is a tenant occupied unit and it wasn’t an active leak, the normal protocol is for the vendor to contact the tenant and schedule a time to perform the inspection. You further mention a drain line issue, which was misdiagnosed by Budget, and for which we then scheduled with a plumber to investigate. Again, this is the correct protocol. At 5:10 on the call you state that you feel engaging appropriate professionals (appliance repair and plumber) to diagnose the situation was "an expensive route to take”. We are licensed real estate brokers and property managers. We are not appliance repair and plumbing technicians. Our job is to contract the most appropriate professional(s) to diagnose/address problems as they occur at properties we manage. This is exactly what we did. I believe your expectations in this regard are unreasonable and clearly outside the scope of our management agreement.
  
  May 24, 2024 call Pt.1 at 5:25 on the first call you then complain that you had called Alex for an update and he indicated that he was still coordinating between the appliance repair technician and tenant. However, unbeknownst to Alex, the vendor had indeed managed to schedule a time with the tenant and visit the property on Monday, May 20, 2024. Unfortunately, neither the tenant nor the appliance repair technician had updated Alex. We’ve searched our call logs and cannot find a call from you regarding this matter. Alex also does not remember there being a call. There are, however emails to this effect. 
  
  At 5:50 you allege that Alex told you a plumber would be required and he would let your new property manager take care of it. You once again allege Alex is “gaslighting” you. According to our records, Alex actually recommended sending a technician ASAP and you are the one who insisted he not do so and that you would prefer to wait until the unit was vacant. See email correspondence where you write “No, you are directed not to hire a plumber to do anything further regarding this issue” and “I will hire my own plumber to investigate when the unit is vacant in another week”. 
  
  May 24, 2024 call Pt.2 at 2:00 I ask you for your new property manager’s contact information and you state you gave it to Alex. This was not the case. On a May 15, 2024 call with Alex he also requested this information and although you provided a name, you told him that you needed to contact that new property manager and would get back to Alex. You never provided the contact information despite both of us asking you for it.
  
  May 24, 2024 call Pt.2 at 3:37 on Pt 2 of the call I specifically stated that it was my understanding you had ordered Alex not to send a plumber and you replied “Well since he delayed and doesn’t seem to be aware of what’s happening there I had no other choice but to remove him from the picture…” So, by your own admission, you did in fact order Alex not to send a plumber despite his recommendation otherwise.
  
  For the remainder of the call you become combative and rude, saying that you had expected me to be aware of the various issues. I said that I had asked Alex if you gave any reasons for cancelling management and you said to me that you did. This is in direct contradiction to what you told Alex on the May 15, 2024 call. 
  
  At 8:38 on the May 24, 2024 call Pt.2 I make a professional recommendation to send a plumber without delay and you say that you would agree if I could clarify why you were told to hold off until you had the new property manager. I reiterate that I would need time to look into it and let out a nervous chuckle, to which you said you don’t see the humor and berated me. I’m sure you know what a nervous chuckle/tick is. You then, not so subtly, threaten to cause harm to our professional reputation online before being condescending to me and claiming I was gaslighting you. 
  
  I further ask if there is anything else that you were unhappy with during our management, and you said “I don’t have time”. Again, this is in direct contradiction to what you told Alex on the May 15, 2024.  
  
  On the May 15, 2024 call, at 5:05 Mr. W***** specifically asks you if there was anything you were dissatisfied with regarding our service and you say no, that you were just unhappy with the tenant and how we manage them. You said you felt the tenant was being treated more like a client. Alex explained to you that we treat tenants as customers in Hawaii. At 3:11 on that call you actually say “I want to let you know that I felt you guys are very professional and you really did an excellent job.”  You then go on to say you didn’t like the tenant because he said he had tripped and fell. It is my professional opinion, Ms. ********, that you may be have liability for retaliating against a tenant for making complaints about the condition of the rental by refusing to renew their lease and terminating our management. 
  
  Ms. ********, you will find on your final owner’s ledger, that Hawaii Sands Realty has incurred expenses totaling $2,293.67 in our effort to remove the tenant and turn the unit over to your new property manager. We were under no obligation to do so. I made a business decision, which I feel most other property management companies would not do, to cover those costs in order to protect your interests and ours.
  
  Throughout our tenure as your property managers we have performed our duties to you as a client and to your tenants as customers, as required by law. Therefore, I respectfully request that you withdraw your complaint to the Better Business Bureau as it is not factual per my detailed investigation. I further request that you refrain from making any further disparaging reviews or comments about Hawaii Sands Realty, its directors, officers, agents, or employees, either publicly or privately, pursuant to clause P “Non Disparagement” of the property management agreement. 
  
  With Aloha, I am
  
  David "Dave" M****
  Realtor, GRI, MRP, RSPS, ABR, e-Pro
  2023 Aloha ‘Aina REALTOR® Awards Program™ Winner
  Aloha ‘Aina REALTOR® Awards Nominee 2016-2022
  Principal Broker, ********
  Phone: 808.379.3016

  Customer Answer

  Date: 07/19/2024

  Yes I wish to reject Hawaii Sands Realty response to my case. It is just simply false and unsupported by facts. ***** ***** did not make the effort or take the time to investigate the facts of the issues as well and responds with his uninformed assumptions. Please see attached document for detailed facts. 

  Customer Answer

  Date: 08/01/2024

  [A default letter is provided here which indicates your acceptance of Mediation. If you wish, you may update it before sending it.]

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID ********, and find that Mediation is necessary.
  
  Below is the details on our availability for a Mediation Hearing.
  
  - Please list any dates you are specifically NOT available in the next 6 weeks: 
  
  
  
  
  - Please place an "X" next to the Day of the Week you are available and work best for you: 
  
       ____Mon. ____Tue. ____Wed ____ Thurs. ____ Fri.
  
   
  - Please place an "X" next to the Time you are Available and work best for you: 
  
       __x__ Morning ____Afternoon   (mediations are scheduled to start between the hours of 8 am and 3 pm, and must conclude by 5 pm)
  
  
  I understand that BBB will do its best to accommodate my availabilities above.
  
  Thank You.

  Regards,

  ***** ********