Assist to Sell

Dear Sirs;
I reject the offer to have *** *** associated in any way with this or the original complaint wrongly filed by himYour forms clearly state that the complaint was filed by himAs recent as ***s call from the Revdex.com on April 29, at 9:am to my
office, she said she was calling on behalf of *** *** ***'s request yesterday afternoon to have *** *** handle the complaint came only after I called *** at your office yesterday at 10:am to respond to the original complaint which he had no legal standing to makeHe either knew or should have known that he was not on the deed and therefore wrongfully inserted himself into the Exclusive Seller Listing AgreementI told Mrs*** on three different occasions that I did not want to speak to him due to his past actions, which included, among other things, late night texts and phone calls which were totally uncalled for.
The complaint says that I have not been working to sell the house, but I handled their house just like the many other houses I've sold, to the extent I was allowed by the sellerIn fact, during the past week, I received offers on all of my other home listings, but the ***'s claim to have had no interestI was required to try and sell the house without a "For Sale" sign in the yard, as appointment only and there was no lockbox allowedI was required to use pictures the seller took, because the house was not ready for pictures on the two Saturdays I was at the house, January 25, or March 8, I must say, trying to sell a house with so many limitations is like working with one arm tied behind your backNone of my other homes listed during this period, had those restrictions and they all got offersAs for communications, I spent more time communicating with this seller than any of my other current listingsIt was not my lack of effort that caused this house not to sell, it was the seller'sShe signed a six month agreement, but defaulted less than half way through, so since Mrs*** admitted in our telephone conversation on April 28, at 11:am that she does not want to sell the house, the Exclusive Seller Listing Agreement dated January 25, has now been terminated due to the seller's default of the terms of the binding agreement.
Please know that I have been licensed for over years and have NEVER had a formal complaint lodged against meI am an upstanding and respected member of the communityI have so many people thank me for saving them money by charging a discounted commissionI work hard, this is my profession and I love what I doThe proof is in the pudding, visit my website at www.columbushometour.com and see the closed listings along with the amount of money the sellers saved.
Sincerely,
*** *** Broker
Assist-2-Sell Buyers and
Sellers Advantage Realty
Warm Springs Rd
Columbus, GA

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[Provide details of why you are not satisfied with this resolution.]
[redacted] with Assist to Sell in Columbus GA has made no attempt to resolve the situation. In fact she has escalated it by going to great lengths to make herself appear a victim and sending my wife a demand for $1,665 in costs as well as a demand for her entire commission for a home she did not show a single time. In addition, she has greatly exaggerated the truth of the situation and is threatening my wife and I with legal action because we have asked to get out of the contract early and I went to the Revdex.com because she was unwilling to work with me to resolve the situation. [redacted] keeps referring to me not being on the deed of the home. However, my wife and I both told her I was not on the mortgage but thought I was on the deed when she originally came over which is why she had me sign the contract and I can prove inconsistencies in her story with documentation from emails and texts. Furthermore, why doing a deed check would not be the first step for any realtor when agreeing to sell the home is beyond me. That being said, my wife and I did not know I was not on the deed, but that has been rectified as we paid the attorney that closed on our home to add me last week. I have also been paying this mortgage out of my account for years and my wife and I were married when she bought the home in 2006. I owned a new business at the time which is why I was not added to the mortgage initially due to the inability to really prove income on something that had been operating for a few months we just thought it easier to finance in her name only. For [redacted] to use this as an out is a weak argument at best, but one that has no bearing as I can prove that I am know on the deed. Therefore, [redacted] has no further argument in that regard.
Next, [redacted] is making threats and demands she has no place to make as our contract states that if a resolution cannot be met, both parties will agree upon an arbitrator to hear the case. Also, even in the event of a seller default, we are only responsible for the realtors actual expenses. How two round trips to our home (that would be 8.4 miles total) and putting pictures on the internet (I've also read that there is no expense to most realtors for putting a home on the MLS) equates to $1665 plus a 3k commission is absurd. [redacted] states that she had to sell a home with no sign, no lock box, etc. In addition, she is threatening us with demands that if we don't respond with is so many days she apparently intends to sue us which is not how are agreement states problems are to be resolved. In addressing these issues, we did have a sign in our yard for two months. In that time [redacted] did not initiate a single phone call (I'm sure phone records could prove this), made no suggestions as to how things could be done better and did not show our home a single time. This is not the impression we were given when we agreed to do business with her, and even when I called to discuss this with her, she acted as disinterested and lackadaisical as one could. It was almost as though I was inconveniencing her by calling. I told her on 3/25 that my wife and I would were thinking of going in a different direction (our friends and family were telling us that if a realtor is not showing your home or communicating with you, that you will most likely have a hard time selling in this market). When I addressed this with [redacted] she got a bit defensive and does what she consistently does and gave me her resume telling that she knows what she's doing almost as if I should not dare question her methods. I had a feeling at that point that this was going to be a futile discussion. I asked her what it would take to break the contract and at that time her exact words were "You and [redacted] just tell me how much you think you should pay me and I will let you out of the contract." The contract states that we reimburse her "expenses," how am I supposed to know that being that I don't know what they are. She would not disclose them then and still has not since that time. She finally just arbitrarily threw out $300 which seemed excessive for what could not have taken up more than a couple of hours of her time. I told her I would talk to [redacted] and get back with her. For time's sake, I will attach several files to this response which will show the actual verbiage that went back and forth. However, the short story is that on 3/26 I told [redacted] to remove her sign and we would reach an agreement through an arbitrator/Revdex.com. For weeks we heard nothing and then out of the blue she emailed my wife acting like nothing happened. Why would she continue to do anything after we made it clear we did not want her taking further action? She is now trying to charge my wife and I for all kinds of things that she did after 3/26 when I told her we no longer wanted her representation. In fact she has ridiculous charges like $5 to $10 for text messages received and sent (never in my life have I seen this). If you can charge that kind of money for a text, then boy is my company missing out on some income with our business associates. [redacted] also claims harassment and threats. I will attach text messages and you can see, that I texted her on 4 different dates over a 3 month period all pertaining to getting things resolved. I will let someone decide for themselves if that is harassment. She states that I sent emails after business hours. [redacted] never defined her hours. For goodness sakes, she a realtor, most of the ones I've known do much of their showings on nights and weekends. That being said, I texted/called/emailed her after I got off work in the central time zone as I am working in Dothan, AL during the week. I can show where she was texting me as late as 11 pm at night, so that argument is out the window as well. My wife and I both work, so we take care of business when we can. I get plenty of texts, emails, and phone calls after I'm off work. If it is too late, I simply don't respond until the next business day. This simple fact is, I rarely called or texted [redacted], and most of it was in a simple effort to get her to resolve a situation that she refused to handle. No one is trying to damage her reputation, we are trying to move on with our lives as we are relocating and things did not go well with her, and she apparently hopes to extort income from my family despite the fact that through this process where she has put forth little to no effort to sell our house the first two months and then resolve our disagreement the last month. In the meantime, I am paying a mortgage, rent in Dothan, two set of utilities, tons of gas money to commute frequently, and [redacted] expects us to pay her nearly 5k know. That's quite an increase from $300 which I already felt was way too much. This is abuse and she has severely breached her agreement.
The facts are these: (1)[redacted] fabricated the truth of what she would do to me and my wife. She told us that she did not no how many listings she had off the top of her head when we first signed up with her to sell our home. That's was a lie. If you go to her website, it's about 5 and most of the closed listings on her site are from years ago when a different person owned the franchise. I knew he hustled and used to send some business to my moving company that I owned at the time which is why I contacted Assist to Sell to begin with, but she is not the same.
(2) She never showed my home in two months or gave direction on things we needed to do differently. She acted inconvenienced when my wife or I called. (3) I needed a realtor, but I believe that [redacted] is more of a liaison between sellers and buyers agents which is not what she led us to believe. Her own words to me were that no agents were calling on our house which led me to believe she must not take buyers out to see houses. Not what I was led to believe, and not what we needed. (4) [redacted] likes to talk about her sales, but she has very few listings, and if you try to research her on the internet, there are no reviews anywhere about her, so she must not be setting the world on fire the way she would imply. I would argue that her services are a slight step up from For Sale by Owner, which is not what we needed in this market. (5) [redacted] continues to talk about her experience in the business and talk about her satisfied customers. That's great for them. This was not my experience, and my and my wife's experience are all I have to compare it too. She needs to understand that her methods did not work for us and leave it at that. She let herself be personally offended. My question is that if she is selling so many houses, why is it so important to try and get my wife to pay unreasonable amounts of money to void our agreement? (6)She has never told us her actual expenses for putting the home on the MLS. If she legitimately had $300 in expenses, we would have paid it, but she was unable to tell me or my wife what her costs were (which is what our contract states we owe in a seller default). She made two trips to our home (4.2 miles round trip each time at a state max rate of 56 cents per mile) and put the house on the MLS. No open house or any other communication not initiated by me or my wife. (7) She has now sent me a cease and desist order making legal threats when I have not contacted her in weeks, sent my wife an invoice that is just a bunch of made up stuff where she arbitrarily assigned expenses to everything she did and threatened my wife with legal action if we do not pay that in addition to her full commission for not selling our house of even showing it a single time and wasting more time by not getting this resolved sooner. In fact, we have now run out of time as our son well be out of school soon, so we are giving up on selling it and will now have to look for a renter to try and get moved before he goes back to school in Dothan this August. Not a 5k effort if you ask me, and not enough respect for us to expedite this process so that we can move on. She clearly has no compassion and takes no responsibility for her actions. I am thoroughly upset, confused, and fatigued by the damage and stress this has caused my family. I have attached the recent forms sent to us by [redacted] and I have many more text and emails I can provide that will show frequent attempts to achieve resolution and contradict much of what [redacted] says.
Regards,
[redacted]