Bob Musselman Plumbing, Inc.

Initial Business Response /* (1000, 9, 2014/12/24) */
The repairs and inspections which are referred to by MrDunbar were requested by the buyers not by the real estate agentsI believe Ms*** husband did remove the handle to the damper and Ms.*** indicated that she would take care of
the damper repairs but MrDunbar said no he had someone coming to do the repairMs.*** said she would pay for having the handle on the damper reattachedMrDunbar said the damper repair bill could not be broken down so Murney reimbursed MrDunbar for the entire damper repairI believe this was a fair settlement and Murney should not be held responsible for inspections and repairs agreed to between the buyer and seller
Initial Consumer Rebuttal /* (3000, 11, 2014/12/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Murney did pay for the fireplace damper repair as they should have due to the lack of professionalism of the realtorHowever the broker *** *** still demanded that we perform a load test on the septic as he stated its standard procedureThe repair addendum stated the septic needed "pumped and tested" which we had done*** *** stated the septic must be load tested as its standard procedure for a septic inspection and that is what is meant by "tested" I asked for documentation stating that "tested" means load testing and he was unable to provide itI explained to *** and *** that a load test can not be performed on a home that has been vacant for more than days as this one has been, per Missouri deptof Health regulationsThey both still demanded itI would love to see documentation that shows where the buyer demanded thisI have email where *** demands the test! The agent who is the buyers mother, which was never disclosed, is who demanded this and the broker backed her upBoth were clearly wrong and are ignorant in this area of real estate sales as I was able to provide documentation supporting thisIts sad that these "professionals" are so uneducated in the field that they practice in
As far as the copper gas line and natural gas use, I once again proved beyond doubt that its not an issueI provided documentation backing this upHowever, both *** and the broker *** *** stated that they have to be changed to an approve material, which copper isPlease provide info from the buyer that states they required itThey can not as the buyer never requested it, only the buyers mother, *** requested itWe are fine making repairs that are necessary, but when items in question are up code and fully functional, there is no reason to make the repairAfter providing the documentation that clearly stated copper was an approved material, *** and *** *** then went on to say that it was not installed correctly and that this is why it must be changedThe repair addendum stated that "the copper line needed to be replaced with an approved material" and nothing about the installation of the copper pipeI had licensed contractors all tell me that there was no issue with the installation*** tried to say that it was not correctly installed, but she was referring to a natural gas code for the Kansas City area and not for Christian countyAgain I would love for *** to provide un-altered documentation showing where the buyer demanded these changesI am sure she can notIf both the agent *** and the brokers *** *** and *** *** were educated and not shady and lived up to the code of ethics that all agents and brokers are to abide by, all of these issues could have been avoidedThe agent *** was clearly trying to get more than was necessary to help out her daughter costing me, the seller more moneyThis is extremely unethicalIts also extremely unethical for both of the brokers to stand behind her when the three of them are clearly in the wrongAgain, I have documentation to back up all my claimsI have emails, voice mails, documentation from the Missouri deptHealth, Christian County building inspector, licensed contractors that all support my claims, yet Murney has yet to provide anything!
Final Business Response /* (4000, 13, 2015/01/05) */
MrDunbar received a copy of the buyer's inspection report and the inspection request which he agreed to and dated on November 11, This request is signed and dated by all parties and reads as follows:
"Septic System, seller to have tank pumped, then tested to insure proper working condition."
Further, the buyer's inspection report indicates "Water was added to the tank and the operation level exceeded operationOutlet may be obstructedOnce tank is pumped system should be tested for proper flow." These are the words from the inspector and agreed to by MrDunbar
With respect to the copper gas line, this also was indicated by the inspector as needing replacedThe inspection report stated "The copper gas piping to the auxiliary heating unit for the garage should be replaced as copper gas lines should not be used with natural gas." Once again MrDunbar signed and agreed to do this in the buyer's request on November 11,
MrDunbar now states that the buyer never requested these itemsI have provided both the inspection request in which the buyer asked for these items which is signed and dated by the buyer and MrDunbar and the underlying reports in which the buyer's inspector clearly indicated these items needed to be correctedPlease see attached documentation
As MrDunbar requests in his complaint, we have provided documentation clearly showing that the buyer requested and he agreed to both of these requestsI am not sure what further documentation is neededThe brokers and agents as instructed by the buyers were merely asking MrDunbar to comply with the agreement he made on November 11,
MrDunbar has copies of these documents
I believe the agent paid more then required and I am sorry MrDunbar believes we should pay for repairs to which he and the buyers agreed
I also do not believe there is a requirement for the buyer's agent to disclose to the seller her relationship to the buyerThe agent was not representing the seller and her duty was always to the buyer who she represented

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Sincerely,
[redacted]

The builder, [redacted], is not affiliated with Murney Associates.   [redacted] is a licensed real estate associate with Murney Associates, Realtors and that may be why the complainant has submitted this complaint under Murney Assocaites. Our firm in not involved in disputes...

between builders and purchasers and this complaint should not be attributed to Murney Associates, REALTORS.

I have reviewed the response from the complainant. It is correct that we were the listing firm for this property. We list many properties for many sellers and some of these seller's are builders. Once a property has closed, the issues detailed in the complaint are between the new property owner and the builder.   We are sorry this has happened and we have passed the information to the builder.

Initial Business Response /* (1000, 5, 2016/09/23) */
On July 22, 2016 Mr. [redacted] and his friend, [redacted], were shown the property. Mr. [redacted] saw the seller's cat on the back deck and asked if the cat was an outside cat. My agent had never seen the cat and stated she would ask the seller. When she...

discussed this with the seller he confirmed the cat was indeed an outside cat.
On July 23, 2016 Mr. [redacted] contacted my agent and asked if she could have the sellers unplug any air fresheners and to then schedule a time that he could come back to the house to check for odors. She contacted the sellers and they said they would be happy to unplug the air fresheners and that we could come by the following day.
On July 24, 2016 1 Mr. [redacted] walked through the house checking for odors for approximately an hour. All air fresheners had been removed. Mr. [redacted] indicated at that time that everything smelled okay. Mr. [redacted] also inspected the crawlspace during this visit. The sellers had moved a storage rack away from the interior crawlspace opening. [redacted] entered the crawlspace and inspected a prior repair on the foundation wall just inside the crawlspace to the left of the opening. Mr. [redacted] also inspected the crawlspace by crawling and using a flashlight for light. Before Mr. [redacted] left the home, my agent opened the outside crawlspace vents. Mr. [redacted] also asked if he could have the HVAC system checked before he wrote an offer. He said he did not want any other inspections. My agent told him he should have inspections and at the minimum he should have a termite inspection. He agreed to add a termite inspection. Mr. [redacted], against the advice of my agent, elected not to have any other inspections and also signed a form that he elected not to have further inspections.
On July 25, 2016 [redacted] came to the property with his friend, [redacted]'s step father who owns a heat and air conditioning service to conduct the inspection on the HVAC. [redacted] was present as well and conducted the termite inspection. During this time [redacted] did not mention that he smelled cat odors.
On July 26, 2016 my agent met [redacted] at the Primrose Murney Office to sign the offer for the home. Mr. [redacted] had previously asked my agent to ask the seller if the seller would leave the refrigerator as part of the sale of the property. The refrigerator was not originally part of the listing. The seller agreed to leave the refrigerator and up until the day the seller moved out the refrigerator was in working order.
On August 9, 2016 [redacted] and his friend, [redacted] came to inspect the repairs that the seller had agreed to perform on page 7 of the real estate contract. They were once again in the property for over an hour. The handle on the downstairs shower was loose and had to be tightened, the last step on the pulled attic ladder was replaced and the exhaust fan in the downstairs bathroom was replaced. At this time all belongings inside of the house had been removed, except for the wall mounted flat screen TV's. The seller did have belongings in the garage. During this showing [redacted] again did not mention that he smelled cat odors.
On August 12, 2016 [redacted] and his friend, [redacted] did a final walk through of the house prior to going to closing at [redacted] at 1:00 pm. All of the Seller's belongings had been removed leaving the house vacant, except for the items in the garage that the buyer had requested to remain (Hot Tub Stairs, tile cutter and some paint cans). During this showing [redacted] again did not mention that he smelled cat odors.
On August 17, 2016 my agent received a text from [redacted] stating that he was not happy with the sellers. He felt they were not truthful about the cat being in the house. He indicated that the carpets where filled with [redacted] and Cat urine. He said a professional carpet cleaner was coming on Thursday and if he could not remove the cat smell then he wanted all of the carpet replaced. He also said the refrigerator was a piece of junk and needed to be replaced, and he was going to contact a real estate attorney.
On August 17, 2016 my agent sent a text to the seller and asked him to call her. She relayed the message to him about the buyer's concerns. The seller told her that during his ownership a cat has never been allowed in the house. He also said that the refrigerator was working and that he left it at the buyer's request. The seller then indicated that the buyer had been in the home on five different occasions for almost an hour each time. One of the occasions was to specifically investigate odors and had not complained about any odors until five days after closing.
Mr. [redacted] was in this property on numerous occasions prior to the closing. Mr. [redacted] specifically investigated potential odors prior to closing. My agent, [redacted], merely relayed the seller's answers to Mr. [redacted] regarding the cat. She never at any time observed a cat in the property. Unfortunately Mr. [redacted], now wishes for someone else to compensate him for new carpet and other repairs on the property. Neither Murney Associates, nor Mrs. [redacted], at any time misrepresented this property to Mr. [redacted]. He was given ample opportunity to inspect, observe, and complete a final walk through of the property.
Initial Consumer Rebuttal /* (3000, 7, 2016/09/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
All they focused on was the cat urine which was never detected because of all the sprays and plug-ins to mask the odors, and skipped over the other issues I asked about like the bar faucet and the electrical issues. This seems to be common practice with Murney realtors from other complaints I have read. Perhaps they should go back and read the Realtors Code Of Ethics. Will not do business with them in the future and will advise all to do the same. I will share my experience with all on social media and warn them of this shady practice of dual agents. They only think or themselves and their big fat commission they will receive. Do you believe in KARMA ???
Final Business Response /* (4000, 9, 2016/10/03) */
The customer refers to additional items in his response such as a faucet and electrical issues with the property. Murney Associates recommends to every client that they perform a property inspection and any other inspections that they deem necessary. This customer elected not to do so. A real estate agent is not a property inspector and would have no knowledge of any plumbing or electrical defects if they existed. The customer elected not to have any inspections other than a termite inspection and signed an acknowledgement that he chose not to do so although the agent recommended these inspections. My office would be happy to provide a copy of this signed agreement.
Final Consumer Response /* (4200, 11, 2016/10/05) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I asked 3 questions of Miss [redacted].No.1 has a cat been in this house? Answer *NO* they have an outdoor cat. That was a lie and she agreed to pay for carpet cleaning.NO.2 Why is the bar sink not working. Her reply, the owners just don't use it.That was false the faucet was leaking and so was a shut off valve.Third question why do the light switches at the top of stairs not work. Answer they control wall outlets in living room. Electrician proved that to be false. These are the only questions that I needed answers to so why would I spend $[redacted] to hire an inspection when Miss [redacted] was suppose to be representing me. Answer because this is how this realtor at Murney's does business. What ever it takes to make a sell and why not if they a "BOSS" that will cover for them. Never dealt with this person who is giving all these lame excuses for her actions. I am done with Murney's and their lies.

Complaint: [redacted]
I am rejecting this response because: [redacted] [redacted] was sold thru Murney with [redacted] as the listing agent, as the sign reads that is still in my yard. I believe Murney should be held accountable for all actions of [redacted] is using Murney Associates, in my perspective of the situation, as a character reference to build and sell homes. This gave me the impression that I was dealing with a builder that is not only professional but has a high level of integrity. Unfortunately, that has not been the case in my situation given the lack of productive communication and [redacted] failing to honor the warranty of the home. Furthermore, there is evidence found by a plumber I hired to investigate the sewage backup that proves the plumbing fixture was installed incorrectly. This may or may not be Murney's problem but I feel given the connection between the 2 companies, Murney should hold some responsibility to ensure [redacted] makes my family and home whole again. 
Sincerely,
[redacted]

Initial Business Response /* (1000, 9, 2015/08/30) */
The [redacted] purchased the home in 2001 from the [redacted] I spoke with [redacted] and he was surprised to learn there was an underground fuel tank on the property. He said Mr. and Mrs. [redacted] had not disclosed a buried tank nor did his...

property inspection indicate that there was a buried tank on the property. Mr. [redacted] said he was sorry this happened but since he had no knowledge of it, he did not feel it was his responsibility.
Mr. [redacted] purchased the property in 2007 and [redacted] with [redacted] represented him. Mr. [redacted] had a property inspection and did not indicate at that time that an underground fuel tank was located on the property. Then this year, 2015, Mr. [redacted] listed the property for sale with Mr. [redacted] and it was sold by a Murney agent. This buyer had a property inspecton and their inspector indicated in his report that there was a buried tank and the buyer requested it be removed.
I am sorry this happened to Mr. [redacted] but this was something that was unknown to the [redacted] and I am assuming was not noted by Mr. [redacted]'s inspector at the time he purchased the property. Mr. [redacted] no longer lives in Missouri and I do not believe either hold a Missouri real estate license.

Initial Consumer Rebuttal /* (3000, 11, 2015/09/02) */
(The consumer indicated he/she DID NOT accept the response from the business.)
As a Murney agent, Dan [redacted] was trained by Murney and Company and should have known what existed on his own property. I will be picketing Murney and Company to inform passersby on their policy to claim ignorance, and will continue to picket until I receive full restitution. Murney and Company received 2 commissions on these transactions and yet feel claiming ignorance is the best way to resolve a complaint. I'd like to thank the Revdex.com in their efforts to help resolve this. Sincerly, [redacted]
Final Business Response /* (4000, 13, 2015/09/04) */
The accusations Mr. [redacted] makes towards Mr. and Mrs. [redacted] are unfounded and there are no reasons to believe that Mr. or Mrs. [redacted] had any knowledge of this fact. In fact, we have spoken with owners of this property prior to Mr. and Mrs. [redacted] ownership and these owners also had no knowledge of any tanks on the property. I am sure that Mr. [redacted]'s own agent was not aware of this tank when he listed and sold the property because it was not disclosed to the subsequent buyer, yet using Mr. [redacted]'s logic, all agents should have known there was an underground tank by the mere fact that they are licensed real estate agents. Material defects in a property are uncovered by qualified inspectors not real estate licensees. When Mr. [redacted] purchased this property, he had an inspection performed and his own inspection did not indicate that there were any underground tanks on the property. This property has been sold numerous times and we are not aware of any inspections that have indicated the existence of an underground tank until the last inspection of the property referred to by Mr. [redacted] when he sold the property. We regret to inform Mr. [redacted] that we are not in a position to offer him any resolution to his claim.
Final Consumer Response /* (4200, 15, 2015/09/09) */
(The consumer indicated he/she DID NOT accept the response from the business.)
It's easy to claim ignorance when you didn't lose 6500.oo. Don't have a choice will be picketing at Open Houses and Murney Offices
this week. You have made no effort do resolve this but I promise you it is far from over.
[redacted]

Initial Business Response /* (1000, 10, 2015/01/14) */
In the case of Mrs. [redacted]'s offer, a written offer was submitted and unsigned counter offers followed and were communicated back and forth between the respective agents resulting in an agreement to prepare and submit a COUNTER OFFER to Mrs....

[redacted]'s agent. At this point, an agreement to prepare and submit a counter offer to the buyer's agent does NOT constitute a contract or a written agreement of any kind. Had a counter offer been prepared, signed by the seller, and submitted to Mrs. [redacted]'s agent, this STILL would NOT constitute an accepted contract and Mrs. [redacted] would have been free to decide whether or not she wanted to accept the counter offer by executing the counter offer and her agent communicating this acceptance back to the listing agent or Mrs. [redacted] could have elected not to accept this counter offer and further negotiate or even terminate the negotiations.
As Mrs. [redacted] does not adequately describe in her complaint, prior to preparing and submitting the counter offer that was discussed via text between her agent and the listing agent, another offer was received on the property that contained a price and terms more acceptable to the seller. The listing agent, whose primary responsibility by statute is to seek the best price and terms for the seller, is obligated both legally and ethically to follow the instruction of the seller. In this case the seller decided to accept this new offer and elected not to prepare and submit a written counter offer to Mrs. [redacted].
Since a contract had not been consummated between Mrs. [redacted] and the seller, the listing agent was acting both ethically and within license law by not returning a written counter offer to her agent. In fact, she is OBLIGATED by law to make the seller aware that a legally binding contract is not in place with Mrs. [redacted] and the seller has the ability to negotiate with or accept this new offer. Regretfully, Mrs. [redacted]'s agent did not make her aware of what constitutes a binding agreement between a seller and a buyer and what can happen during negotiations with respect to offers and counter offers. If Mrs. [redacted] was the seller in this case, I would hope that she would expect the same level of ethics and information allowing her to accept the offer that she believed was in her best interest.
Final Business Response /* (1000, 13, 2015/01/15) */
In the case of Mrs. [redacted]'s offer, a written offer was submitted and unsigned counter offers followed and were communicated back and forth between the respective agents resulting in an agreement to prepare and submit a COUNTER OFFER to Mrs. [redacted]'s agent. At this point, an agreement to prepare and submit a counter offer to the buyer's agent does NOT constitute a contract or a written agreement of any kind. Had a counter offer been prepared, signed by the seller, and submitted to Mrs. [redacted]'s agent, this STILL would NOT constitute an accepted contract and Mrs. [redacted] would have been free to decide whether or not she wanted to accept the counter offer by executing the counter offer and her agent communicating this acceptance back to the listing agent or Mrs. [redacted] could have elected not to accept this counter offer and further negotiate or even terminate the negotiations.
As Mrs. [redacted] does not adequately describe in her complaint, prior to preparing and submitting the counter offer that was discussed via text between her agent and the listing agent, another offer was received on the property that contained a price and terms more acceptable to the seller. The listing agent, whose primary responsibility by statute is to seek the best price and terms for the seller, is obligated both legally and ethically to follow the instruction of the seller. In this case the seller decided to accept this new offer and elected not to prepare and submit a written counter offer to Mrs. [redacted].
Since a contract had not been consummated between Mrs. [redacted] and the seller, the listing agent was acting both ethically and within license law by not returning a written counter offer to her agent. In fact, she is OBLIGATED by law to make the seller aware that a legally binding contract is not in place with Mrs. [redacted] and the seller has the ability to negotiate with or accept this new offer. Regretfully, Mrs. [redacted]'s agent did not make her aware of what constitutes a binding agreement between a seller and a buyer and what can happen during negotiations with respect to offers and counter offers. If Mrs. [redacted] was the seller in this case, I would hope that she would expect the same level of ethics and information allowing her to accept the offer that she believed was in her best interest.