Century Award - Larry Nelson/Shannon Bender

July 25, [redacted] Revdex.com WShaw Lane Fresno, CA Re: Complain ID #Dear Ms [redacted] , In response to the complaint received by my office on July 19, below is my responseLet me start off by clarifying that I, [redacted] , was not a party to this transaction, I am the branch manager of the Century Award Temecula branch office and supervise agents, of which, [redacted] is one of themIn going through the file here is what I have found: Buyer was represented by her own buyer's agentWe received an offer for purchase written on November 3, It was countered by the seller and then agreed to on November 6thPrior to this date the property had been in escrow with a different buyerIn accordance with the purchase agreement, the seller and buyers had the following important dates to adhere to: Seller delivery of disclosures by November 13, Buyer Investigation of property and review of disclosures by November 23, Buyer's appraisal to be completed by November 23, Buyer's loan to be approved by November 27, These dates are what each party to the transaction tries to abide by in order to stay in compliance with the purchase contract agreed to by the buyer and sellerThe inspection period (first days) is for the buyer to do their due diligenceOftentimes, there are costs associated with that research into the property and that is the buyer's responsibility in any real estate transactionThose costs are incurred for the buyer's benefitThe title report, once delivered, uncovered the non-permit issues and citationsThe listing agent was unaware of unpermitted items on the property as it is outside the agent's scope of responsibility to search public recordsUpon receipt of the title report the citations were discovered surrounding the permit issues and the listing agent advised the seller to make full disclosureThe listing agent also spoke with the buyer's agent about the findings and the delay in further disclosures while the seller investigated the violationsThe seller immediately wrote an addendum informing the buyers of the non-permitted items on the property and pending citationsThe buyer signed it the same dayWe are not aware of a home inspection being completed by a professional inspector as a copy was not delivered to the listing agent (as required by the contract) and an appointment was not made through the listing agentWe are only aware that the buyer showed up unexpectedly one day and inspected the property, according to the sellerNo appraisal was ever scheduled or completed so therefore no out of pocket costs for any appraisal was incurred and the file ultimately cancelled on November 22, A full refund of the buyers deposit was released back to the buyerAccording to the agreed upon purchase contract all investigations of all matters affecting the property, outside of what is disclosed already by the seller, is the buyer's responsibility and at their own costHence, it seems the agent, [redacted] , did his due diligence and did perform correctlySellers and agents are not party to the negotiations and choosing of the buyers lenderThe total escrow period was for days, the loan lock is not the agent's or seller's responsibility and should not have become an issue within the days that the buyer and seller were in escrowHence, there was no charge to the buyer for any amount on a loan that was not completed and if so, it was not the agent's responsibilityNeither the listing agent, nor the Manager will be refunding any amount of the parties disputed $requested as the agent involved did perform their duties per the contract signed between buyer and sellerRespectfully, [redacted] Branch Manager / Broker Associate CalBRE####-###-####