Bear Realty of Burlington

I am troubled to hear that [redacted] has filed this concern with the Revdex.com, but I'm not extremely surprisedShe has been very unwilling to cooperate through this entire process of trying to sell the duplex she currently lives inI'd like to give you a little bit of background on myself and then I will address [redacted] concerns so you can understand my position in this situationAs noted below in the bulleted section, I am very active in the real estate community, and in fact have served as the Past President, and I currently serve as an Ombudsman for the Lakes Area Realtor's AssociationThe reason I bring this up is that because as noted in [redacted] concern, she spoke with " [redacted] , head of the Realtor Association in Elkhorn"Sue is a peer of mine who also acts as an Ombudsman for LARA as my counterpartWhen complaints come into our Association, either Sue or myself handle them, needless to say I am familiar with the rules, and ethical code of conduct upheld by the Realtor's AssociationWhen I received my first phone call from Sue communicating that I had a complaint filed against me (by ***, which is the only complaint I've ever received in almost years in business) I worked through the complaint and we reached a resolution(Which [redacted] has referred to as a "contract" in her Statement of the Problem) This resolution was to scale back the requests for showings of this property (which we are not required to by law, please see WI State Statute 704.05-provided below) [redacted] and I, through [redacted] , mutually agreed that it would OK, and more convenient for [redacted] if we only show the property on Weekdays between 4:00-6:00pm and Saturdays between 3:00-6:00pmI have provided the MLS Spec sheet as well as the instructions from our "Showing Time Appointment center" which are both attached to this emailOn both of these sheets, the instructions of this agreement between [redacted] and myself have been made clear to both the agents who will be showing the property and my staff who schedule the appointments when they are requestedSince this agreement has been in place myself, nor my staff have contacted [redacted] with requests to show the property at a time conflicting with her requestTo this date, starting in March, there have been appointments requested for showings on the property and of the requests have been denied by ***• 2009-Lakes Area Realtors® Association “LARA” Director• LARA Secretary/Treasurer• LARA President-Elect• LARA President• Chair of LARA Executive, Long Range Planning and Budget/Finance Committees• LARA Realtor® of the Year• 2014-Wisconsin Realtors® Association Legal Forms & Public Policy Committees• LARA Executive Committee• LARA Governmental Affairs Committee Chair• Realtor® Magazine “Under 30” Honoree• LARA Governmental Affairs Committee Chair• LARA Ombudsman• 2016-WRA Director• WRA Legal Forms, Public Policy Committee & RPAC Trustee• 2009-Manager, Fox River Property Management• Bear Realty of Burlington Associate Broker & Sales Manager Rights and duties of landlord and tenant in absence of written agreement to contrary(1) (1) When section applicableSo far as applicable, this section governs the rights and duties of the landlord and tenant in the absence of any inconsistent provision in writing signed by both the landlord and the tenantExcept as otherwise provided in this section, this section applies to any tenancy.(2) (2) Possession of tenant and access by landlordUntil the expiration date specified in the lease, or the termination of a periodic tenancy or tenancy at will, and so long as the tenant is not in default, the tenant has the right to exclusive possession of the premises, except as hereafter providedThe landlord may upon advance notice and at reasonable times inspect the premises, make repairs and show the premises to prospective tenants or purchasers; and if the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessaryI share with you this information including the attachments and statute as facts to how I have handled the listing and any communication with this tenantAt the end of the day I am working for and have a duty to assist the Owner, MrWilliam [redacted] in selling his duplexThis is the job I was hired to doI have extensive background in dealing with rental properties, tenants, landlord rights, tenant rights and selling these properties from the work I do in managing over rental units with our property management company [redacted] is not the first tenant I've encountered who is unhappy with the inconvenience of the property she is living in and it being marketed for saleShe is however the first tenant I've dealt with who has taken her frustration out in this negative mannerMr [redacted] has health concerns of his own, which is why he is trying to sell a property which he can no longer maintain [redacted] is making this process impossible for himFrom the beginning when she was simply denying showings because she didn't want people coming through the property, to more recently when she has told Buyers who have come to see the property that she won't be moving out when the property is sold and that they'd be Buying the property with her still living thereMr [redacted] has the right as a landlord to provide reasonable notice to his tenant and then be granted access to the property for a showings and to not have people being harassed while they are at the property by his tenant [redacted] is by no means being reasonable in her actions and how she is handling the situationA reasonable tenant would cooperate and ask to stay in the property and make sure that a new owner signs a new lease with them so that they can stay in the property providing things like timely rental payment history and referencing a positive relationship with the landlordInstead, [redacted] seems to believe that if she simply doesn't cooperate that the property will never sell and Mr [redacted] won't evict her because of his health concerns and need to keep collecting the rent she pays [redacted] is abusing her rights as a tenant and is simply trying to do everything she can to make sure that the property doesn't sell and she can continue to live thereLastly, I urge you to speak with any one of my peers and question them on my integrity and professionalism in this industryI know the rules, I understand the rules, I follow the rules I hope that if there are any additional questions or concerns that you may have about this situation you don't hesitate to contact meIt would be a shame for this complaint to be made public and for me to have to defend myself further against the claims that have been made because they simply aren't trueWe're dealing with a person who doesn't understand the rights that she actually has as a tenant, so instead of trying to understand them and cooperate she has chosen to interfere with MrBigelow's ability to sell his property and file complaints along the way until we give up trying to sell the property so she can stayThank you for your time, and again please feel free to contact me with any additional questions(cc: [redacted] ***: President/Owner - Bear Realty of Burlington) [redacted] *** – REALTOR® Associate Broker & Sales Manager Bear Realty of BurlingtonMilwaukee Ave.Burlington, WI Mobile- 262.206.1691Office- 262.763.8116Fax- 262.299.0350Email- [email protected] Class of for Realtor® Magazine’s “Under 30” AwardPast President - Lakes Area REALTORS® Assn

I am troubled to hear that [redacted] has filed this concern with the Revdex.com, but I'm not extremely surprised. She has been very unwilling to cooperate through this entire process of trying to sell the duplex she currently lives in. I'd like to give you a little bit of background on myself and then I will...

address [redacted] concerns so you can understand my position in this situation. As noted below in the bulleted section, I am very active in the real estate community, and in fact have served as the Past President, and I currently serve as an Ombudsman for the Lakes Area Realtor's Association. The reason I bring this up is that because as noted in [redacted] concern, she spoke with "[redacted], head of the Realtor Association in Elkhorn". Sue is a peer of mine who also acts as an Ombudsman for LARA as my counterpart. When complaints come into our Association, either Sue or myself handle them, needless to say I am familiar with the rules, and ethical code of conduct upheld by the Realtor's Association. When I received my first phone call from Sue communicating that I had a complaint filed against me (by [redacted], which is the only complaint I've ever received in almost 9 years in business) I worked through the complaint and we reached a resolution. (Which [redacted] has referred to as a "contract" in her Statement of the Problem) This resolution was to scale back the requests for showings of this property (which we are not required to by law, please see WI State Statute 704.05-2 provided below). [redacted] and I, through [redacted], mutually agreed that it would OK, and more convenient for [redacted] if we only show the property on Weekdays between 4:00-6:00pm and Saturdays between 3:00-6:00pm. I have provided the MLS Spec sheet as well as the instructions from our "Showing Time Appointment center" which are both attached to this email. On both of these sheets, the instructions of this agreement between [redacted] and myself have been made clear to both the agents who will be showing the property and my staff who schedule the appointments when they are requested. Since this agreement has been in place myself, nor my staff have contacted [redacted] with requests to show the property at a time conflicting with her request. To this date, starting in March, there have been 12 appointments requested for showings on the property and 6 of the requests have been denied by [redacted]. •       2009-2012 Lakes Area Realtors® Association “LARA” Director•       2012 LARA Secretary/Treasurer•       2013 LARA President-Elect•       2014 LARA President•       2014 Chair of LARA Executive, Long Range Planning and Budget/Finance Committees•       2014 LARA Realtor® of the Year•       2014-2015 Wisconsin Realtors® Association Legal Forms & Public Policy Committees•       2015 LARA Executive Committee•       2015 LARA Governmental Affairs Committee Chair•       2015 Realtor® Magazine “30 Under 30” Honoree•       2016 LARA Governmental Affairs Committee Chair•       2016 LARA Ombudsman•       2016-2018 WRA Director•       2016 WRA Legal Forms, Public Policy Committee & RPAC Trustee•       2009-2016 Manager, Fox River Property Management•       2016 Bear Realty of Burlington Associate Broker & Sales Manager         704.05  Rights and duties of landlord and tenant in absence of written agreement to contrary. (1)  (1) When section applicable. So far as applicable, this section governs the rights and duties of the landlord and tenant in the absence of any inconsistent provision in writing signed by both the landlord and the tenant. Except as otherwise provided in this section, this section applies to any tenancy.(2)   (2) Possession of tenant and access by landlord. Until the expiration date specified in the lease, or the termination of a periodic tenancy or tenancy at will, and so long as the tenant is not in default, the tenant has the right to exclusive possession of the premises, except as hereafter provided. The landlord may upon advance notice and at reasonable times inspect the premises, make repairs and show the premises to prospective tenants or purchasers; and if the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary. I share with you this information including the attachments and statute as facts to how I have handled the listing and any communication with this tenant. At the end of the day I am working for and have a duty to assist the Owner, Mr. William [redacted] in selling his duplex. This is the job I was hired to do. I have extensive background in dealing with rental properties, tenants, landlord rights, tenant rights and selling these properties from the work I do in managing over 75 rental units with our property management company. [redacted] is not the first tenant I've encountered who is unhappy with the inconvenience of the property she is living in and it being marketed for sale. She is however the first tenant I've dealt with who has taken her frustration out in this negative manner. Mr. [redacted] has health concerns of his own, which is why he is trying to sell a property which he can no longer maintain. [redacted] is making this process impossible for him. From the beginning when she was simply denying showings because she didn't want people coming through the property, to more recently when she has told Buyers who have come to see the property that she won't be moving out when the property is sold and that they'd be Buying the property with her still living there. Mr. [redacted] has the right as a landlord to provide reasonable notice to his tenant and then be granted access to the property for a showings and to not have people being harassed while they are at the property by his tenant. [redacted] is by no means being reasonable in her actions and how she is handling the situation. A reasonable tenant would cooperate and ask to stay in the property and make sure that a new owner signs a new lease with them so that they can stay in the property…providing things like timely rental payment history and referencing a positive relationship with the landlord. Instead, [redacted] seems to believe that if she simply doesn't cooperate that the property will never sell and Mr. [redacted] won't evict her because of his health concerns and need to keep collecting the rent she pays. [redacted] is abusing her rights as a tenant and is simply trying to do everything she can to make sure that the property doesn't sell and she can continue to live there. Lastly, I urge you to speak with any one of my peers and question them on my integrity and professionalism in this industry. I know the rules, I understand the rules, I follow the rules…I hope that if there are any additional questions or concerns that you may have about this situation you don't hesitate to contact me. It would be a shame for this complaint to be made public and for me to have to defend myself further against the claims that have been made because they simply aren't true. We're dealing with a person who doesn't understand the rights that she actually has as a tenant, so instead of trying to understand them and cooperate she has chosen to interfere with Mr. Bigelow's ability to sell his property and file complaints along the way until we give up trying to sell the property so she can stay. Thank you for your time, and again please feel free to contact me with any additional questions. (cc: [redacted]: President/Owner - Bear Realty of Burlington) [redacted] – REALTOR® Associate Broker & Sales Manager Bear Realty of Burlington565 Milwaukee Ave.Burlington, WI 53105 Mobile- 262.206.1691Office-  262.763.8116Fax-      262.299.0350Email- [email protected] Class of 2015 for Realtor® Magazine’s “30 Under 30” AwardPast President - Lakes Area REALTORS® Assn.