Berkshire Hathaway HomeServices PenFed Realty Reviews (%countItem)
Berkshire Hathaway HomeServices PenFed Realty Rating
Address: 11001 Manklin Meadows Lane 21811, Berlin, Maryland, United States, 21811
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Berkshire Hathaway Ocean Pines Office sales agent Pam *** provided false and inaccurate information resulting in a pointless $350.00 home inspection. Pam *** was the listing agent of a property in *** Maryland. Before scheduling an appointment to see her listing, we specifically asked her if there were any pet restrictions with her listing. We advised her we had (3) Golden Retrievers. She stated immediately, as a matter of fact, that there were "NO RESTRICTIONS TO SIZE, WEIGHT, OR NUMBER OF DOGS". Subsequently, she confirmed this in an email and on a voice mail message. We are in receipt of both. Based on her (misleading) information, we scheduled an appointment and submitted a contract of sale. The contract was ratified and a $350.00 home inspection was performed. The following week, we received the condominium documents that clearly stated there was a (2) dog limit. This effectively nullified our agreement of sale. While disappointed by this news, we presumed the listing agent, Pam ***, had an ethical obligation to reimburse us for the home inspection that was performed (only) as a result of her erroneous information. Pam *** refused. We were advised to contact Berkshire Hathaway Branch Manager / Associate Broker, *** for resolution. This effort proved to be futile as ***, Associate Broker/Branch Manager, was unable to assist us stating that "since our agents are Independent Contractors, I cannot order a resolution on the matter." As a result, we have contacted The Maryland Real Estate Commission to seek further assistance.
Product_Or_Service: Real Estate Transaction
Refund Because of the false and inaccurate information provided by the listing agent, Pam ***, we in good faith, authorized an unnecessary home inspection at a cost of $350.00. Had the listing agent conveyed uncertainty to our inquiry, we would not be seeking restitution. Instead, Pam ***, stated factually and with certainty, that there were "NO RESTRICTIONS TO SIZE, WEIGHT, OR NUMBER OF DOGS". Because of this, fair resolution is for her to reimburse us $350.00.
Ms. maintains that she conveyed this information to Mrs. in good faith as part of exercising reasonable care and diligence prior to your entering into an agreement with the Seller, and in doing so, she does not feel the cost of the home inspection should be her expense. She is not aware of any NAR Code of Ethics violation in providing the information that she received from the OC Real Estate Management with regard to pet restrictions. Copies of email responses are attached.
(The consumer indicated he/she DID NOT accept the response from the business.)
I sought legal counsel regarding this matter and have been advised to the contrary. Any inaccurate or misleading information provided by a real estate agent that results in any financial loss is governed by the covenants of Rescission with Precission. This requires the agent "rewind" or "undo" the transaction and make us whole as if the transaction never occurred. My attorney states the law is very clear. This is a case of "Negligent Misrepresentation". Regardless of the circumstances, the listing agent had a fiduciary responsibility to convey accurate information in response to our direct inquiry. By providing false, pre-contractual information, she has a legal obligation to remedy. The law does not provide her immunity based on her claim that she "received bad information". She is legally bound to remedy us and can pursue a claim against the entity she claims provided her the misinformation.
I have turned this matter over to senior management. When we receive the complaint from the Maryland Real Estate Commission we will respond accordingly. Thank you.
This matter has been resolved to our satisfaction. After an appeal to the corporate offices of Berkshire Hathaway, the Regional President contacted us. She was extremely helpful and understanding of our concerns. She offered to resolve the matter as a gesture of good faith. We appreciated her professionalism.