Berkshire Hathaway Home Services Alliance

Initial Business Response /* (1000, 8, 2015/12/02) */
Revdex.com:
This is in response to the complaint noted aboveI represent Greater Metro, Inc., d/b/a Berkshire Hathaway HomeServices Alliance Real Estate ("Alliance") and its affiliated licensees
This matter was handled and
resolved by Alliance's CEO, *** *** has written a statement which is enclosed here
As you can see from *** ***'s account, we have addressed the situation and have resolved the matterNo further action was requested by the complainant
Please address any future correspondence in this matter to me
Very truly yours,
*** ** ***
Senior Vice President
General Counsel

This is in response to the complaint noted above. I represent Greater Metro, Inc., d/b/a Berkshire Hathaway HomeServices Alliance Real Estate ("Alliance") and its affiliated licensees, including *** ***.Attached is a statement from *** ***. To summarize, ***'s statement
is clear that the contract processes were followed and the buyer had all available opportunities to verify any information they chose to at the time of the sale. The sale occurred more than years ago. In addition, the buyer was represented by their own buyer's agent and *** did not in any way represent them. This was fully disclosed on the documentation and sale contract they signed and should have been fully explained to them by their buyer's agent.Under the Missouri real estate license law, (RSMo Section 339.190, Section 339.730(3), etal.) real estate licensees are not required to verify or substantiate any information given to them by the seller or any inspector and have no responsibility to check, verify or substantiate work that is done. As *** stated, those responsibilities are outside of the expertise and services of a real estate licensee. The sale contract signed by the buyer also explained this aspect of the transaction.We are not responsible for the alleged defects or problems stated by the buyer and request that this complaint be closed as we have responded and dispute the complaint.Please address any future correspondence in this matter to me

Initial Business Response /* (1000, 13, 2015/08/07) */
This is in response to the complaint noted above and is a follow up of my letter from July 20, As I noted in that letter, I represent Greater Metro Inc., d/b/a Berkshire Hathaway HomeServices Alliance Real Estate ("Alliance") and its
affiliated licensees
Since your letter clearly states that this response is not confidential and may be made public, the response must necessarily be general so that we do not disclose any information that may be considered confidential that has not been discussed in the complaint
Within those parameters, the complaint deals with a real estate transaction in which the complainant and his spouse were the buyersThe sale contract between the buyer and seller provided that the buyer would provide a $1,earnest money deposit to be held by Alliance, which was paid and is held by Alliance
A dispute has arisen with the seller related to the timing of events within the inspections provision of the sale contractThe buyer/complainant has requested return of the $1,earnest money and the seller has refused to consent to the return and has demanded that the earnest money be paid to the seller
Under the terms of paragraph of the sale contract between the buyer and seller, as well as under the statutes of the state of Missouri and the Rules and Regulations of the Missouri Real Estate Commission, when a dispute arises between buyer and seller related to the return or forfeiture of the earnest money, the broker holding the earnest money (Alliance in this case) is required by law to continue to hold the earnest money until such time as directed by the written agreement of all parties or the order of a court as to its disposition
Section 8.130(2) of the Rules and Regulations of the Missouri Real Estate Commission (CSR 2250-Earnest and Escrow Money; Disputes) states:
"(2) In the event a dispute arises concerning the return or forfeiture of any monies or other valuables held by a broker in escrow, the broker shall continue to retain the money or valuables in escrow until a written release is obtained from all parties consenting to its disposition or until a civil action is filed to determine its disposition at which time payment may be made into court...."
In addition, section 339.015(4) of the Missouri Statutes (RSMo Section 339.105(4)), which is the license law that governs Missouri real estate licensees states:
"Whenever the ownership of any escrow moneys received by a broker pursuant to this section is in dispute by the parties to a real estate sales transaction, the broker shall report and deliver the moneys to the state treasurer within three hundred sixty-five days of the date of the initial projected closing date in compliance with sections to The parties to a real estate sales transaction may agree in writing that the funds are not in dispute and shall notify the broker who is holding the funds."
Because the $1,earnest money deposit held by Alliance is in dispute between the buyer and seller, we are required to continue to hold the deposit per the contract, regulations, and statute citedRegardless of the reason the seller and buyer are in dispute, we have no discretion to release the disputed funds without the written release
However, based on a further review of the matter, we will attempt to negotiate a settlement of the dispute, among all of the parties, including, without limitation, the buyer and Alliance, and the seller and listing brokerOur initial efforts to explain the provisions of the contract, rules and regulations and statutes as noted in this response were met with a lengthy, offensive email from the complainant, containing a multitude of foul language and threatsThe email is not enclosed here but contained language primarily in all capitals, commonly known in email as "shouting"At least a dozen uses of the "f" word or variations thereof, as well as at least a dozen other uses of foul language, were present in the email to our licensee
We believe this is responsive to your request, within the parameters of the confidentiality that your system requires
Please address any future correspondence in this matter to me
Very truly yours,
*** H***