Centuy 21 Home Land Realtors

Review: We tried to by a HUD house on [redacted] Dr. Fillmore, CA . Our offer as a second home was accepted by the selling agent ([redacted] ###-###-####, Century 21 Homeland Realtors) on July 1 and escrow was open for 45 days and should be closed by August 23 (she never clarify that this home must be only a primary residence and we would like to get it as a retirement home - my husband 76 years old). Our first lender refused to provide us with the loan due to a house condition after we paid $495.00 for the appraisal (the repair could take up to 6 month until anyone could move in and occupied the house). We find another lender and paid another $ 495.00 for appraisal and we get the loan. Because of not receiving loan with the first lender, we file an extension and paid $ 375.00. Our extension was accepted and extended to September 7, but our check of $ 375.00 was returned to us. The seller required to turn on all utilities on my name - I paid for service/deposit for the gas, power and water. The water couldn't be turned on due to a big leak between the server and the house and we ask for repair or to get an approval to fixed and get a credit. The selling agent send us several e-mails that the repair was done. We schedule a technician to turn on the water 3 times, but because the problem was not fixed and a big water fountain was at the front yard when technician did not turn the water on (due to a very old lock at the server, the water was dripping true the pipe and create a small pond at the front of the house). After our lender approved the loan and everything was ready to close, on September 4, we find out from the listing agent that we cannot buy the house for the following reason: should be a primary residence, not a second home, as it was planning at the beginning. It is nowhere on the contract that stated that it cannot be a second home. My agent get a HUD course and it was not specified anywhere that the HUD home cannot be a second home either. The listing agent send us a cancelation form on September 6 and we signed on September 8 (due to a Jewish holiday) . All documents was provided to the listing agent on September 10, but our deposit check of $1000.00 was not returned to us, because the BLB Resources Inc. did not receive the cancelation form on time. After we spend 65 days in escrow, trying to provide all info on-time without delay, we lost over $ 2000.00 due to a listing agent mistake - they should not accept our offer if they do not want to sell this house us a second home and if the offer was accepted by mistake, they should cancel this deal much earlier, not to wait for over 2 month.I tried to contact the selling agent to solve the problem - left her several messages - she did not reply nor to answer my phone calls. Her assistant cannot give me any answers and suggested to contact her directly, but no any communications with theDesired Settlement: I would like to receive a refund of $1990.00 that including $ 1000.00 deposit and 2 appraisals $ 495.00 each. I did not committee the fraud as they said and should loss a lot of money for no reason. I have perfect credit score and provide $100000.00 down payment with the purchase of $ 260000.00 - it is not my problem that house are in bad condition and not many lenders will provide with the loan for this home (we could spend much less money if all situation will be disclosed at the beginning)

Consumer

Response:

Review: 9739593

I am rejecting this response because:

Per seller agent we signed the cancelation notice with the very clear reason: cannot be purchase as a second home.

The seller agent did not provide those forms on-time to BLB and their final decision was to keep our deposit due to “NOT RECEIVE THE CANCELATION FORM” on-time.

If the seller agent will provide the cancelation forms on-time – the deposit will be returned to the buyer.

The selling agent knew about the second home purchase from the beginning, but somehow did not pay any attention to this statement. Also it is not at HUD site anywhere that HUD homes cannot be purchased as a second or retirement home. Our agent complete the HUD course and it was not specified anywhere about this either. If the seller agent has so much experience with the HUD home, she MUST mentioned this to the buyer or buyer agent?

Regarding the utility – the selling agent was notified at the beginning of the all process that it was a water leak at the front of the house and the water cannot be turned on. We get an e-mail from the selling agent, after contact her several times, that the leak are fixed and everything are ready. When technician come to the property 3rd time – no any changes/repairs was done.

Regards,