Berkshire Hathaway HomeServices Florida Properties Group Reviews (%countItem)
Berkshire Hathaway HomeServices Florida Properties Group Rating
Address: 7916 Evolutions Way STE 210, Trinity, Florida, United States, 34655-9900
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Lovely R. with Berkshire Hathaway deliberately used a fraudulent pest control company, *** to submit a "clean WDO" report
Lovely R. with Berkshire Hathaway deliberately used a fraudulent pest control company, *** to submit a "clean WDO" report 3 days later after a WDO report by, 2020 pest Control Company stated the house had live WDO present to allow the sale of the home to be processed via VA Home loan through, *** company. The home was later discovered by me, the home owner to have massive termite damage and the home is now deemed structurally unsound by Hernando County Building Department. The house is unlivable and is considered a structural danger only 3 years after the purchase of this home using the VA Home loan. This event has caused unbelievable financial hardship and emotional distress.
I am seeking the restitution of damages caused by zero disclosure by the realty agent and the company they represented and the home owner of existing catastrophic termite damage and the willful, fraudulent use of a termite company, Joe's Pest Control (who has not had a valid business license since 2010).
Our goal is to always guide our customers through the home buying or home selling process and provide them with relevant information throughout their transaction. We apologize for any inconvenience and hope the information provided is helpful. In reviewing the file for this transaction, the seller of this property provided full disclosure to the buyer pertaining to WDO (attached), which was acknowledged and signed by the buyer. Within this disclosure the seller stated the property was treated by the previous owner and there was a WDO Warranty in place. Considering the home had a WDO Warranty, it would be up to buyer to have contacted the initial company to come and remedy any potential activity. Additionally, all buyers are allowed to research and select the company of their choice for any inspections requested during their transaction and are not required to use one particular company.
This company told me that I had to make a very large payment to apply for a rental property. Once I did this, they never followed through with anything they said in the beginning and never presented a lease consistent with their promises they made in the very beginning. The property was supposed to be inspected by a third party inspector with all issues fixed prior to move in, it was not. In fact, the inspection report showed several issues found and that the electricity was not turned on during inspection... how could it be properly inspected without electric? The agent Sue W. lied to me and said it was and that it had to be for repairs to be made and that I needed to get it in my name immediately. It was also not on when I viewed it initially, and when I called about this it had not been on in some time. I believe that the owner just recently bought it prior to my showing and never had the electricity even turned on. The property was supposed to be cleaned it was not. The property was supposed to have severe cosmetic damage fixed and the property was supposed to be painted yet they did none of this. Sue and her team instead harassed me to sign the lease that was not true. The lease was not presented until after my payment was drafted yet said I had inspected the property and accepted it in "as-is" condition. The agent Sue told me I could not view the property until after I signed the lease. How can she ask me to sign a lease that includes a lie'? I then spoke with the owner who told me none of the things were fixed yet as promised and now I am not allowed to even have my pets that were supposedly approved. How do you take someone's money saying you will fix a bunch of issues, not fix them but require them to sign a lease saying you accept a place without the issues fixed and on top of everything you then change your mind and say your pets are not allowed? Now they refuse to return my money when there was never a lease! Is Sue even a licensed agent? Terrible in my opinion.
Refund I paid a hefty application fee and an additional $1,490 towards rent for the property that was never available as advertised and I want a full refund of this money.
Contact Name and Title: *** G. Vice Pr
Contact Phone: XXXXXXXXXX
Contact Email: ***@bhhsfloridaproperties.net
This complaint was submitted as an advertising issue. This has nothing to do with advertising.
*** applied for a rental property located at XXXXX *** Place and for reasons known only to her - she decided not to take residency.
Below I will provide answers to the concerns stated in the complaint.
I have included several documents to support this answer
1. Our company process - is stated very clearly on the application it is as follows:
Upon acceptance an applicant has 24 hours to remit to BHHS their Non-Refundable Reservation Fee. This fee will convert to the first month's rent upon move-in. This fee secures the reservation and removes the unit from the market. Copy of Application Included. I have highlighted areas on the application that apply to the Tenants statements
2. The incoming Tenant is also required to pay $125 Tenant Processing Fee. This fee includes a property evaluation report. The report was ordered and completed. The Owner was in the process of completing some small repair items, as well as the touch-up paint as a result of the report findings. It should be noted the power was on at the time the report was completed. Tenant Move-In Instruction Letter outlines fees and once again states it is non-refundable
3. Tenant was given clear instruction to turn utilities on in their name prior to move-in and the owner would cancel her utilities prior to the Tenants move-in. Tenant Move-in Instruction Letter
4. This property is Owner managed and she made several attempts to meet with the tenant prior to move-in to discuss any items that the tenant felt were in need of attention. She was stood up twice. The last attempt to meet was made on Mother's Day and she was stood up again.
5. The Lease signing takes place prior to move-in. Once a tenant applies and gets accepted - we require funds to hold the unit and begin the lease prep process. The lease is prepared by an attorney and funds are required prior to submitting the lease order - Tenant Move-in Instruction Letter included
6. The Owner of this property was open to allowing pets, if the process as outlined on the application was followed. BHHS requires all pets to be screened by our online Pet Screening Vendor. This screening is a separate step and is a required before any pets are allowed on any property. This requirement is clearly stated on the application. MS *** chose not to complete the Pet Screening Registration: Application is included and a snapshot of our website Pet Application Tab- highlighting how conveniently this process is located . The Pet Information policy can be found under F - Pet Policy on the Application
7. The Tenant applicant is made aware of every requirement before they sign the application. They must check a box that says they have read and understand the application. The box was checked
8. The lease "as is" provision was confusing for MS *** so a special Memorandum was prepared to assure her that the "as is" did not apply to agreed upon pre-move-in repair items and all repairs would be completed before move-in. Copy of Clarification included
9. MS *** refusal to meet or communicate prior to move-in was her decision.
(The consumer indicated he/she DID NOT accept the response from the business.)
I find this response very unprofessional and full of lies unfortunately. If money was non-refundable, please provide proof of acknowledgement prior to making payment.
However, this is not the point. No payment would have been made nor any application submitted had it not been for certain assurances made: 1) Owner accepted two pets that WERE SCREENED, then changed her mind and told me that she did not accept pets. Would you like to see proof? Happy to show you. Interesting that the home is now being marketed as NO PETS!
2) Owner agreed to make repairs pointed out in initial viewing, paint and clean. Again, after the original planned move in date these repairs, cleanings were not completed. A lease was not signed because the real estate agent promised these things and then retracted them after getting money and before getting a lease. 3) Property was supposed to be inspected by a third party. It was, they pointed out things needing fixed, again per the owner of the property these things were not done. The electricity was not even turned on in the owners name at the time of inspection and therefore electrical system and components could not be inspected...again violating our agreement.
The facts are very simple, and since you are not interested in doing the right thing, I am happy to take this to court. I have all of the facts well documented.
In addition, I would also like Sue's Florida Real Estate license number because I will file a complaint with Florida DBPR for actions she performed during this transaction which I believe to be illegal and against the rules of a real estate license.
They are the property managers at my HOA. They are very difficult to work with. J.m. isnt a nice person. She drives around taking pictures of homes and not picks everything. She turns neighbors against each other, creating a hostile neighborhood. I'd avoid using her or them as property managers.
Real estate transaction complaint
On September 1 I entered into a sales contract to sell my home to a client represented by this agency. As part of the agreement the buyer was to deposit $1000 in escrow as earnest money. I was told buyer had been approved for mortgage purchase price due to a previous failed purchase attempt. The buyer was given 20 days to receive financing approval. On September 2oth I was contacted by my realtor that he had made multiple attempts to contact the buyer's realtor (Sheree Landreth) and mortgage company and they were not taking his calls about loan status. The next day was the 20th day. He reported that the buyer's agent had just called him to indicate that the buyer needed 10 additional days to get loan approval. My agent requested that I complete a contract cancellation since the buyer had failed to meet the terms of the contract and felt buyer was attempting to manipulate the process to ensure he did not lose his escrow monies. In the morning we sent over a cancellation of the contract to the Berkshire buyer's agent requesting the money from escrow. My agent reported that the title company had spoken to the mortgage company and the appraisal had not been ordered and the mortgage underwriting was not been initiated yet. I then was told that the buyer had not deposited the check until the 12th of September and the check had bounced. Later I was told the buyer had then put a stop payment on the check. At no time did the buyer's or my agent provide me of any issue of the escrow until after my contract cancellation letter had been received. At 6:34 pm I received a contract cancellation letter from the buyer's agent indicating that they were now claiming that the buyer had failed to be approved for financing and that there was no money in escrow to be dispensed. I was told that the buyer had a second job that he had not provided evidence of income from. the agent did not address the fact that her client had breached the contract by not depositing the funds into escrow in three days after entering into the contract and had breached it again when he provided a bad check or put a stop payment on the check. I also contacted the broker, Cindy Cabanas who indicated that she did not feel her agent had failed in her duties by not taking my agents calls and failing to ensure that the funds had been deposited as required in the contract. I also believe she attempted to mislead me on the contents of the contract indicating that the buyer did not default on the contract when it appears to me that it is clear. She quoted a section of the contract that appears to protect the seller's interest and flipped it on its head implying that it protected the buyer from defaulting on the loan. I feel the agent failed to update me on the status of the buyer's effort to acquire financing and even when it was apparent that the buyer was not going to get financing she attempted to mislead by telling that they were on schedule. I also feel that in an effort to defend her agent's actions I was advised incorrectly by the broker.
Payment of the $1000 that should have been placed in escrow and was not due to the inaction of the buyer's agent.
I would like to start by extending my sincerest apology to the consumer on what should have been a positive experience, we certainly empathize with him and hoped there could have been a mutual understanding and resolution for him. The issue to start is that the consumer/seller is not our customer, he is represented by another realtor/brokerage. The seller entered into a contract with our buyer who was pre-qualified. Unfortunately, our buyer ended up being denied his mortgage which was a contingency in the contract which would have given him a reason to cancel the contract within the timeframe allowed and been returned his escrow money. The consumer is correct that the contract did state the buyer would deliver escrow money to the title company that the consumers agent/consumer chose. Unfortunately, the buyer did not do this, however, my agent did on several occasions contact her buyer reminding him that he needed to deliver his escrow check to the title company (I do have all of the emails/text screen shots available).
I happily took the time to try and explain the process to the consumer, we spent approximately 1.5 hours on the phone and were unable to resolve his concerns. The terms of the contract were very clear, the buyer was denied his mortgage and therefore would have been entitled to his escrow money if it was in the account. I completely understand the consumers frustration, unfortunately, those things are out of our control. We do our best to qualify our buyers, however, things come up during the process that prohibit the buyer from qualifying. Some examples would be that the buyer changed jobs or quit their jobs before closing, not realizing that the lender is most likely going to verify their employment and possible pull another credit report up to the day of closing.
I did take the initiative to reach out to our legal hot-line to just clarify who is responsible for making sure that the escrow is deposited according to the timeframe allowed in the contract as well as clarifying if the contract is still enforceable if the buyer did not deposit their escrow money, their response was "Signing the contract is a consideration. Consideration means anything of value. The promise to sell and buy is a consideration. Contract is still valid without escrow deposit", "If seller chose the escrow agent, seller/seller's agent is responsible to confirm that escrow has been deposited.
If buyer chose escrow agent, the buyer's agent's broker is responsible for confirming that escrow has been deposited. The broker has 10 days after the escrow due date to confirm and notify the other parties if escrow has not been received.", in this particular case the seller/sellers agent choose the escrow agent.
During my conversation with the consumer, I tried to convey that the issue is with the buyer or the consumers agent, not with our company or my agent. The consumer also suggested that my agent knew that the buyer put a stop payment on the check prior to cancelling the contract, I have emails/text that validate she found out after the cancellation was sent to her buyer. Unfortunately, we have no control over our buyers actions, if it is unlawful or unethical and we are made aware, we will immediately cancel our relationship with that party.
The consumer is being represented by an attorney and we have turned all of our documentation over to our legal team to review. In the end, if the attorney's, after reviewing all of the documentation, feel that we were in anyway negligent, we will do what it takes to make this consumer happy.
Cynthia R. C.
Managing Broker Market President
Direct: XXX-XXX-XXXX
"For All Things Good to Know"
(The consumer indicated he/she DID NOT accept the response from the business.)
Response from broker did not address Section 15a - Default where in the contract it states if the buyer failed, neglected, or refused to perform the Buyer's obligations under this Contract including payment of the Deposit, within the time(s) specified, Seller *** elect to recover the Deposit for the account of the Seller as agreed upon liquated damages, consideration for execution of this contract and in full settlement of any claims." In Section 8 (ii) it states that the buyer's agent is required to keep the seller fully informed if the buyer is failing to perform his requirements. When the buyer failed to notify me that the buyer was unable to acquire financing. We were not notified by the buyer's agent that the buyer had failed to acquire financing until we requested they forward the funds held in escrow when the buyer failed to meet his contractual requirements. I have attached my request to mediate this issue where it clearly outlines the buyer's agent failure to notify me as required and failed to ensure the buyer complied with his contractual obligations.
With all due respect, the consumer has misquoted the provisions of the contract. First and foremost, the agent is not a party of the contract, the provision sites does not create duty on the agent but duty on the buyer.
Regarding Section 8 (ii) - the consumer misquoted. The contract specifically states "Buyer shall keep Seller and Broker fully informed about the status of Buyer's mortgage loan application, loan approval and loan processing and authorizes Buyer's mortgage broker, lender and closing agent to discuss such status and progress and release preliminary and finally executed closing disclosures and settlement statements, to Seller and Broker." Nowhere does is state "buyer's agent" as the consumer stated. This provision of the contract does not create duty on the agent but duty on the buyer.
If the seller still would like to mediate, we will accommodate.
(The consumer indicated he/she DID NOT accept the response from the business.)
The respondent is being disengenuious in indicating that as a transactional agent they have no responsibility to ensure all parties interest are protected. The broker knows that there is never direct communication between a buyer and seller so all communication occurs through the buyer's and seller's agents. The fact that the potential buyer was not able to acquire financing was hidden from the seller and the agent even attempted to hide that fact on the day before the deadline to acquire financing by requesting a 10 day extension when she knew he had already failed to properly fund the escrow account, a fact she also attempted to hide with a series of conflicting statements (issue with date, the check bounced, etc.)
Sales person Chris did not want to run my credit for a house rental, nor help with anything. Rushed me off the phone
I went in person with my husband and son to apply for a house. Chris said no one else applied , he will call us with the answer to if we were approved. Chris never called . He rented property to some one else . Never game me a call to inform me or even attempt to run my credit. I called him the day of to tell him I am on the application, his website did not colletct $100 for the app he said it's ok let's try with my husband. Chris rented home , never called. Said he would refund my money and did not. I have all proof of this all calls everything. I'm sick to my stomach. We are a family in search of a home. Hardworking for that money for our family for him to basically run one of our credits knowing there was two applicants. I work and make more money than my husband and have good credit. He's a racist is what he is. I'm sick to my stomach on how he treated us
He said he would refund if someone else applies for house and gets approved . We called Saturday he said he rented it out . Then I called Monday thinking it was to us and it wasn't
Unfortunately, we have to decline individuals that do not meet our criteria. The rental market moves very swiftly and if a husband and wife want to rent a home - they should apply at the same time. We require all adults over 18 to be screened as our application states and by not applying at the same time as her husband she created a delay that allowed another applicant to apply.
*** paid a $50 non-refundable application fee, applied for a home and after the screening was complete he was declined - he did not meet our stated criteria. Ms *** did not fill out an application at the time her husband did and the property manager then considered the next applicant that applied. That applicant met all criteria and was accepted.
The application clearly states it is a non-refundable fee. All applicants must read and agree to our criteria before they submit the application.
We are sorry she felt rushed. That is never our intention but just as she wanted a quick answer - so did the other applicant.