Berkshire Hathaway HomeServices Enchanted Lands, REALTORS® Reviews (%countItem)
Berkshire Hathaway HomeServices Enchanted Lands, REALTORS® Rating
Address: 501 N Main St, Roswell, New Mexico, United States, 88201-4728
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Jennifer S, Real Estate Associate Broker, Berkshire Hathaway HomeServices Enchanted Lands Realtors
1) Failed to arrange a pre-closing walk-through.
2) Failed to verify that the AC unit (heat pump) was in working order prior to close per the ORW dated 06/11/18.
3) Violated 2018 Code of Ethics & Standards of Practice 2-1. The verbiage "still leaking" in the work order dated 06/20/18, multiple service calls, and buckled wood floor in room adjacent to inside air handler make it "reasonably apparent" that condensate leakage was constant or repeated.
4) Failed to caution us about Seller's verbal representations in her presence when we viewed the property i.e., new roof, newer AC, his mother liked to keep the house cold (implying working AC?). 5) Failed to provide a copy of the roof warranty in response to my request on 09/26/18. She cited the Seller's 09/05/17 disclosure that was prior to the 2018 roofing permit.
As a result of the oversights, I paid $508.00 to Delton's to remedy the condensation leak that the Seller agreed to correct and I'm at odds trying to get a leak in the bathroom ceiling remedied.
Below is the response from Jennifer S, the Associate Broker named in the complaint:
1) Failed to arrange a pre-closing walk-through
At the time of our closing I did not know of the availability of a walk-through form, but a final walk-through is something I take very seriously. If I failed to do the final walk-through (i'm not saying I did) I assure you 100% it was not intentional. I sat with you and visited for over an hour during the walk-through at the sale of your property. That is not something Broker's typically do and I would not have done that had I not taken it seriously. You and I both know we spent a considerable amount of time at the new house. I even know what you were planning to do with the property and how *** was going to decorate her room. That is not something someone who didn't care/have your best interests at heart would do.
2) Failed to verify that the AC unit (heat pump) was in working order prior to close per the ORW dated 06/11/18 In the ORW dated 06/11/18 it states the AC unit (heat pump) to be in working order in which it was. The work order from Fulkerson dated 6/20 (6 days before closing) shows the Seller did call Fulkerson over and they confirmed the unit was "working good now" which was prior closing. I do not see how Deltons coming out weeks after closing and stating otherwise has anything to do with me. I did my due diligence, by checking with the listing Broker that work had been completed.
3) Violated 2018 Code of Ethics & Standards of Practice 2-1. The verbiage "still leaking" in the work order dated 06/20/18, multiple service calls, and buckled wood floor in room adjacent to inside air handler make it "reasonably apparent" that condensate leakage was constant or repeatedI am a licensed Realtor, not a property inspector. If I noticed any issues with the property I most definitely would have mentioned them to you. I'm sure if you would have noticed a leak, you would have mentioned that to me. The reason we have a property inspection is to give you these answers. There were no "reasonably apparent" leakage issues while we were at the property, but if there were and we missed them, that is why we have a property inspection and I repeatedly asked you to speak to the inspector to discuss your concerns in which you did and confirmed that in your email dated June 10, 2018 where you stated "I will need to hire a plumber to replace the leaking toilet with ADA toilets and remedy the slow drain in the tub, hire an HVAC expert to address condensation leak on right side of forced air furnace".
4) Failed to caution us about Seller's verbal representations in her presence when we viewed the property i.e., new roof, newer AC, his mother liked to keep the house cold (implying working AC?) How can I be held accountable for Seller's statements and your interpretation? Again, I will reiterate the importance of a Property Inspection in which one was done. A seller's property disclosure was also provided before going under contract on the property I will also reiterated the counteroffer in which seller agreed to accept the purchase price of $70k ($25k less than asking price and $30k less than appraised value) and property to be sold AS-IS and you agreed to that. Upon inspection I was still able to get you a $1000 seller concession as well as Fulkerson to repair the A/C, in which they did.
5) Failed to provide a copy of the roof warranty in response to my request on 09/26/18. She cited the Seller's 09/05/17 disclosure that was prior to the 2018 roofing permit. As a result of the oversights, I paid $508.00 to Delton's to remedy the condensation leak that the Seller agreed to correct and I'm at odds trying to get a leak in the bathroom ceiling remedied.The roof was not discussed during the home buying purchase other than in the property inspection where it states it appears to be in good condition. The property disclosure dated 9/05/17 stated there was no roof warranty. I am only able to know the information I am provided. Had the property inspection stated there was an issue with the roof we would have looked into this further, but it didn't. There was nothing listed on the ORW regarding the roof, because the inspector stated the roof was in good condition.
Complaint: ***
I am rejecting this response because it deflects from the points in my complaint e.g., Jennifer S's narrative about buyer's walk-through for my previous house in response to my complaint about her failure to arrange a pre-closing walk-through per Item 24 of the Purchase Agreement. The following is my rebuttal:
Failed to arrange a pre-closing walk-through.I do not believe your failure to arrange a pre-closing walk-through or any other missteps or oversights was intentional. Nevertheless, not having a pre-closing walk-through to check for wet cabinetry, floors, etc. was a costly mistake that I will not repeat. Failed to verify that the AC unit (heat pump) was in working order prior to close per the ORW dated 06/11/18.Fulkerson Services, Inc. invoice, dated 05/23/18, Fulkerson work order dated 06/20/18 (before closing), and Delton's work on 07/16/18 and 07/25/18, all to clear backed up condensate line substantiate that condensate leakage was constant or repeated. It was not remedied until 08/21/18 when Delton's installed a pump. Violated 2018 Code of Ethics & Standards of Practice 2-1. The verbiage "still leaking" in the work order dated 06/20/18, multiple service calls, and buckled wood floor in room adjacent to inside air handler make it "reasonably apparent" that condensate leakage was constant or repeated.My verbiage, "I will need to... hire an HVAC expert to address condensation leak on right side of forced air furnace" was prior to the Seller agreeing to have the AC in working order. The issue is that I had to hire an HVAC expert because it wasn't fixed. Fulkerson Services, Inc. work order dated 06/20/18, did not substantiate that the AC was fixed. The verbiage, "still leaking," was cause to investigate and you would have found Fulkerson Services, Inc. invoice, dated 05/23/18 for the same work. Failed to caution us about Seller's verbal representations in her presence when we viewed the property i.e., new roof, newer AC, his mother liked to keep the house cold (implying working AC?)."Failed to caution us about Seller's verbal representations..." is a statement of fact. Perhaps, you can't be accountable for the Seller's statements and for my "interpretation" of Seller's representations e.g., new roof. Failed to provide a copy of the roof warranty in response to my request on 09/26/18. She cited the Seller's 09/05/17 disclosure that was prior to the 2018 roofing permit. As a result of the oversights, I paid $508.00 to Delton's to remedy the condensation leak that the Seller agreed to correct and I'm at odds trying to get a leak in the bathroom ceiling remedied.Again, perhaps, you can't be accountable for the Seller's statements and for my "interpretation" of Seller's representations e.g., new roof.
Regards
We addressed each item in our initial response and do not see a reason for further comments. We consider this matter closed.
Complaint: ***
I am rejecting this response because the business response deflected from the points in my complaint.
Regarding "heartbroken," I, too, am heartbroken that I find myself in a makeshift shelter instead of a home.
Regards,
***
[To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]