Business ProfileforEmpress Management LLC

They collected a $200 "transfer fee" at closing when I sold my property May 25. They then took $264 from my checking account for HOA dues June 4. So far they have failed to respond and have failed to return my money.

The transfer fee is a standard fee instituted for all closings to help cover the additional administrative hours/work involved to facilitate the transfer of owners accounts. This fee is negotiable between buyer and seller. Mr. ******** realtor or closing attorney should have advised him of this.

Mr. ***** was advised before his closing that it was his responsibility to cancel his auto draft, which is a contract that he entered into directly with BB&T bank. He has called our office and spoken to our administrators on several occasions and been given instructions on how to cancel his auto draft. Our accounting department issues refund checks at the end of every month, at which time Mr. ***** will receive his. He has also been advised that if he doesn't cancel his auto draft with BB&T before June 20th the July dues will be withdrawn from his account by BB&T.

Calling it a "standard fee" does not mean it is legitimate. I challenge Empress to show a meeting of the minds under which I agreed to the fee. They have no contractual or other right to it. The fee can hardly be negotiable between the buyer and the seller when the seller had no prior knowledge of it. The statement "Mr. ***** was advised before his closing that it was his responsibility to cancel his auto draft" is a complete falsehood. This is a pure fabrication which reflects Empress' bad faith in this entire matter. The statement that I have "been given instructions on how to cancel his auto draft" is also a complete fabrication from whole cloth. Apparently Empress has chosen the prevarication route to attempt to evade liability.

BB&T is Empress' agent not mine. Go to their website and you will find the link to BB&T which is Empress' exclusive agent for this service, not mine.

Presently Empress has had my money since June 3. They are not entitled to it under any theory. They acknowledge that they have no right to it yet refuse to return it. This presents the elements of conversion. Further, Empress holds these funds in trust and has breached that trust. They do not deserve to retain a property management license in South Carolina.

Please have them produce evidence that they are entitled to the $200 transfer fee. They admit converting my finds held in trust.