Windermere Real Estate

I am sorry Mrs [redacted] feels as she does, I reject her response

This complaint is not about [redacted] or The Prosper Team of Windermere Real EstateIt was meant for another agent that works in the same brokerageEach agent is an independent agentI have contacted both Mr [redacted] and Mr [redacted] to alert them of this situationI am sure they will respond appropriatelyPlease remove this from my file as it is not about me or my businessThanks

The client and Thea P [redacted] had a verbal agreement that if the client listed his home with [redacted] ***and subsequently purchased another home from Thea she would discount the listing commission to two percent The client decided that rather than purchase another home they would rent for a while As a result of this decision they were charged a three percent commission with a promise that when they decided to purchase a new home we would represent them and discount the sales commission by one percent They understood the conditions of this agreement and agreed to it Windermere Real Estate will fulfill the agreement when they decide to purchase, but they are not entitled to a refund because they did not honor the conditions they agreed to

Complaint: ***
I am rejecting this response because:Her explainantion is all about oral, she don't have any doc to say we agree to 3% at very first(April) all the communication is based on trust.we have a written email indicating and also a written contract memo the info about 2% before we decide to let her sell the house(APRIL)the increase to 3% was changed later after the agent sale the housethe sign (the signiture adds on in the very late memo which is different date and doc, is not clear what is the purpose for that and it is forced to sign without indicating the result in the phone call.)we realize it means more money giving out after two days and it is later MAY. we agreed we could get 1% back if we use her to at very first before we agree to let her sell the house, and IT IS ABOUT THIS SELLING ONLY, this contract is not based on any imagination of future decision making and it is not based on any future bahavier(if a contract is decide on future bahavier and then it is not solid and should not be accpeted by law).
Sincerely,
*** ***

September 7, 2016
Reference ID [redacted]
 
The issue with this complaint is are the buyers owed the Earnest Money, the answer to that is no.  Earnest money are funds to show buyer is earnest in the their desire to purchase the property and are credited the buyer at closing.  If the...

transaction does not close at no fault of the buyer the money is returned to the buyer.  In this case the [redacted]'s decided not to close on the transaction.  They have the right, however they forfeit the earnest money as liquidated damages.  Mrs. [redacted] told me she felt her family was in danger because of the fire years ago, this her right, however it is not a reason that would allow me to return the earnest money.  Both parties made a claim for the money.  At that point I must take one of two actions, if it is not clear if one of the parties defaulted on their agreement to buy or sell I must interplead the money to Superior court.  However if it is clear one of the parties changed their mind I must release the money to the damaged party.  This was the case in this contract.  The earnest money was released to the seller as liquidated damages.
 
Meribeth H[redacted], Designated Broker / Owner
Windermere Real Estate/Lake Stevens Inc.

I am sorry Mrs. [redacted] feels as she does, I reject her response.

Complaint: [redacted]I am rejecting this response because nothing from my original message to the Revdex.com was addressed. I never once told anyone with Windermere that I felt my family was in danger because of the fire that had happened. The fire was one factor out of many and the problem we had with it was that when we orginally found out about the fire after asling about the septic location we weretold the seller knew nothing at all about the fire. We later received information closer to closing that the seller did know and it involved a abandoned house fire works and some kids. We were not comfortable with this undisclosed information that they said they did not have.
Nothing has been said about the fact that the lender gave us a promised closing date and was unable to keep it not because of anything we did. Because of this we were told if we proceeded we needed to forfeit our earnest money because the seller needed to make his mortgage payment. We never recived a walk through. We had never been to the property with our agent. After telling us we had to forfeit our earnest money due to the delay not caused by us, she said she was not even sure if the seller had held up their agreement by removing the debris and trash from behind the shed. 
Sincerely,[redacted]

The client and Thea P[redacted] had a verbal agreement that if the client listed his home with [redacted]. and subsequently purchased another home from Thea she would discount the listing commission to two percent.  The client decided that rather than purchase another home they...

would rent for a while.  As a result of this decision they were charged a three percent commission with a promise that when they decided to purchase a new home we would represent them and discount the sales commission by one percent.  They understood the conditions of this agreement and agreed to it.  Windermere Real Estate will fulfill the agreement when they decide to purchase, but they are not entitled to a refund because they did not honor  the conditions they agreed to.

This complaint is not about [redacted] or The Prosper Team of Windermere Real Estate. It was meant for another agent that works in the same brokerage. Each agent is an independent agent. I have contacted both Mr. [redacted] and Mr. [redacted] to alert them of this situation. I am sure they will respond...

appropriately. Please remove this from my file as it is not about me or my business. Thanks.

This complaint is not about [redacted] or The Prosper Team of Windermere Real Estate. It was meant for another agent that works in the same brokerage. Each agent is an independent agent. I have contacted both Mr. [redacted] and Mr. [redacted] to alert them of this situation. I am sure they will respond...

appropriately. Please remove this from my file as it is not about me or my business. Thanks.