Coldwell Banker Gundaker

Complaint: [redacted] I am rejecting this response because: your error not minesbeing a business does not mean you can make an error and say it is an error but you have to pay.claim.I will take this further, your company bully and scam people It was the realtor's responsibility to make sure the contract did not have errors? So you and your company is saying that you can make errors that home seekers/buyers have to pay forWell the public needs to knowI will make sure they do know.? Sincerely, [redacted]

Mr [redacted] has purchased a home currently owned by HUD? HUD has very specific rules? Once HUD determined that the property had to be mitigated for Lead Paint contamination they requested a day extension? They always request extensions days at a time so that the purchaser has the opportunity to get out of the contract in day increments if they change their mind or if the process is taking too long? The contract is currently in the 3rd day extension? Mr [redacted] is correct that he is purchasing the property "as-is"? However, HUD will not sell it under these circumstances and until the property has been mitigated for Lead Paint contaminationThis process has been explained to Mr***? There is no other course of action available at this time.? ?

Initial Business Response / [redacted] (1000, 5, 2015/07/08) */ Contact Name and Title: [redacted] Asst Contact Phone: XXX-XXX-XXXX Contact Email: [redacted] @cbgundaker.com Response from manager/broker: Mrand Mrs [redacted] determined after looking at many homes to have a new home built from a builder we representAfter speaking to a lender that we use frequently it was determined that it would be better for Mr [redacted] to not be on the loan and therefore the contractMrs [redacted] at the time qualified for a USDA 100% loan The offer was negotiated for a new home to be built and the financing would be USDAIn the negotiations the builder requested that a $2,"Non-refundable deposit" be made prior to starting the custom build of the homeAt the time of the contract and deposit Mrs [redacted] was qualified for the USDA loan Shortly after the acceptance Mrs [redacted] was informed by USDA and the lender that she no longer met the income requirements to qualify for a USDA loan because she had worked over time and now made over the income limit for this type loanThey were very upset and took much of it out on our agents and the lender stating we had misrepresented themWe have very rude emails and texts that Mr [redacted] communicated to our agents and he verbally reprimanded the agent with foul language on several occasionsThe agent had advised the [redacted] 's to contact the manager of the office and gave them the number and name of who to contact to discuss this further withThey did not at any time contact me We had Mrs [redacted] sign a mutual release to be submitted to the seller/builder and requested that he return the contractually agreed $2,Non-refundable DepositWe had presented the release to the seller and were waiting for his determination as to the release of the moneyDuring this period the [redacted] 's came to the office without an appointment and the assistant manager spoke to themAt that time they indicated a complaint had been filed before we could even help resolve the issue As of 7/7/we did get the signed mutual release from the seller/builder indicating he would return the Non-refundable Deposit to the sellersWe are to be getting that check on 7/9/which is the first opportunity he has to meet with the listing agentWe have had the assistant manager speak to Mrs [redacted] indicating the resolution and requested the complaint be withdrawn and as soon as we have the check will notify her

A clerical error does not necessarily void a contract.? ? All parties, including Ms [redacted] , moved forward acknowledging an accepted contract.? Her earnest money has been returned on both contracts.? The cost of the building inspection is Ms [redacted] 's responsibility.? There is nothing further to be said on this issue

Complaint: [redacted] I am rejecting this response because: Coldwell Banker and Gundaker is deflecting the issue of there contract not being valid, that is the ? reason I wanted my Ernest money back they were scamming me? Coldwell Banker and Gundaker can not hold anyone to part of a contract that benefits them by holding my money to pay for and inspection on an invalid contract.In Ms [redacted] the Vice President own words clearly there was an error in the contract with having the two sellers sign one as a buyer and the other as a seller, so ? Coldwell Banker & Gundaker wants me to pay for their error in the contract.I want my $that I paid to the inspectors for the 2nd home in question.By law Caldwell Banker and Gundaker ’s contract was not valid therefore cannot hold me responsible for part of of a contract that benefits them nor blame me for the error they created on the contract.? Sincerely, [redacted]

Since I first received notification of this complaint I have been researching the situation.? I learned in the last couple of days that the the homeowner mailed a check to the complainant on 1/19/18.? I believe that this should resolve the situation.? Thank you.? [redacted]

As you can see by the attachment from Ms***, we have been communicating since the time that I received this complaint. Both earnest money amounts have been refunded to her. The $from the first contract termination was in the form of a check from the Coldwell Banker
Accounting Department. The $from the second terminated contract was Ms***'s voided check which was returned to her in the mail. The outstanding issue is the money for the inspections. That is an expense that purchasers bear. If the contract terminates the buyer is still responsible for payment. Attached is the Buyer Inspection Authorization form, which clearly states this fact and is signed by Ms***. Ms*** also requested a release from the Buyer Representation agreement with Coldwell Banker Gundaker. She received an email from CBG Branch Manager, *** *** with a copy of the agreement and acknowledgement that the agreement is terminated.There is nothing further that is in our control and we consider this matter closed

In response to this complaint I must start by clarifying a critical fact. Coldwell Banker Gundaker was not the seller of the property. The *** did not purchase the property from Coldwell Banker Gundaker. They purchased the property from the seller, *** ***.
Coldwell Banker Gundaker was the listing broker and *** *** the listing agent. During the purchase process, the *** had inspections and completed a final walk through. The *** were represented by *** *** of *** *** *** *** ***. We have numerous emails between *** *** and *** *** prior to closing. Communication has continued following closing to help facilitate the resolution of the issues which remain. Our only role as a brokerage and Marie's only role as an agent at this point is to facilitate communication between the buyer and seller. We do not have control over the ultimate resolution. As recently as this afternoon Marie has communicated with the seller.

Complaint: ***
I am rejecting this response because:
your error not minesbeing a business does not mean you can make an error and say it is an error but you have to pay.claim.I will take this further, your company bully and scam people It was the realtor's responsibility to make sure the contract did not have errors So you and your company is saying that you can make errors that home seekers/buyers have to pay forWell the public needs to knowI will make sure they do know.
Sincerely,
*** ***

Complaint: ***
I am rejecting this response because:
your error not minesbeing a business does not mean you can make an error and say it is an error but you have to pay.claim.I will take this further, your company bully and scam people It was the realtor's responsibility to make sure the contract did not have errors So you and your company is saying that you can make errors that home seekers/buyers have to pay forWell the public needs to knowI will make sure they do know.
Sincerely,
*** ***

Mr*** has purchased a home currently owned by HUD HUD has very specific rules Once HUD determined that the property had to be mitigated for Lead Paint contamination they requested a day extension They always request extensions days at a time so that the purchaser has
the opportunity to get out of the contract in day increments if they change their mind or if the process is taking too long The contract is currently in the 3rd day extension Mr*** is correct that he is purchasing the property "as-is" However, HUD will not sell it under these circumstances and until the property has been mitigated for Lead Paint contaminationThis process has been explained to Mr*** There is no other course of action available at this time.

A clerical error does not necessarily void a contract.? ? All parties, including Ms***, moved forward acknowledging an accepted contract.? Her earnest money has been returned on both contracts.? The cost of the building inspection is Ms***'s responsibility.? There is nothing further to be said on this issue

Complaint: ***
I am rejecting this response because:
Coldwell Banker and Gundaker is deflecting the issue of there contract not being valid, that is the ? reason I wanted my Ernest money back they were scamming me? Coldwell Banker and Gundaker can not hold anyone to part of a contract that benefits them by holding my money to pay for and inspection on an invalid contract.In Ms *** the Vice President own words clearly there was an error in the contract with having the two sellers sign one as a buyer and the other as a seller, so ? Coldwell Banker & Gundaker wants me to pay for their error in the contract.I want my $that I paid to the inspectors for the 2nd home in question.By law Caldwell Banker and Gundaker ’s contract was not valid therefore cannot hold me responsible for part of of a contract that benefits them nor blame me for the error they created on the contract.?
Sincerely,
*** ***

Since I first received notification of this complaint I have been researching the situation.? I learned in the last couple of days that the the homeowner mailed a check to the complainant on 1/19/18.? I believe that this should resolve the situation.? Thank you.? *** ***

In response to this complaint I must start by clarifying a critical fact.  Coldwell Banker Gundaker was not the seller of the property.  The [redacted] did not purchase the property from Coldwell Banker Gundaker.  They purchased the property from the seller, [redacted]. ...

Coldwell Banker Gundaker was the listing broker and [redacted] the listing agent.  During the purchase process, the [redacted] had inspections and completed a final walk through.  The [redacted] were represented by [redacted] of [redacted].  We have numerous emails between [redacted] and [redacted] prior to closing.  Communication has continued following closing to help facilitate the resolution of the issues which remain.  Our only role as a brokerage and Marie's only role as an agent at this point is to facilitate communication between the buyer and seller.  We do not have control over the ultimate resolution.  As recently as this afternoon Marie has communicated with the seller.

Mr. [redacted] has purchased a home currently owned by HUD.  HUD has very specific rules.  Once HUD determined that the property had to be mitigated for Lead Paint contamination they requested a 15 day extension.  They always request extensions 15 days at a time so that the purchaser has...

the opportunity to get out of the contract in 15 day increments if they change their mind or if the process is taking too long.  The contract is currently in the 3rd 15 day extension.  Mr. [redacted] is correct that he is purchasing the property "as-is".  However, HUD will not sell it under these circumstances and until the property has been mitigated for Lead Paint contamination. This process has been explained to Mr. [redacted].  There is no other course of action available at this time.

Initial Business Response /* (1000, 5, 2015/07/08) */
Contact Name and Title: [redacted] Asst
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@cbgundaker.com
Response from manager/broker:
Mr. and Mrs. [redacted] determined after looking at many homes to have a new home built from a...

builder we represent. After speaking to a lender that we use frequently it was determined that it would be better for Mr. [redacted] to not be on the loan and therefore the contract. Mrs. [redacted] at the time qualified for a USDA 100% loan.

The offer was negotiated for a new home to be built and the financing would be USDA. In the negotiations the builder requested that a $2,500 "Non-refundable deposit" be made prior to starting the custom build of the home. At the time of the contract and deposit Mrs. [redacted] was qualified for the USDA loan.

Shortly after the acceptance Mrs. [redacted] was informed by USDA and the lender that she no longer met the income requirements to qualify for a USDA loan because she had worked over time and now made over the income limit for this type loan. They were very upset and took much of it out on our agents and the lender stating we had misrepresented them. We have very rude emails and texts that Mr. [redacted] communicated to our agents and he verbally reprimanded the agent with foul language on several occasions. The agent had advised the [redacted]'s to contact the manager of the office and gave them the number and name of who to contact to discuss this further with. They did not at any time contact me.

We had Mrs. [redacted] sign a mutual release to be submitted to the seller/builder and requested that he return the contractually agreed $2,500 Non-refundable Deposit. We had presented the release to the seller and were waiting for his determination as to the release of the money. During this period the [redacted]'s came to the office without an appointment and the assistant manager spoke to them. At that time they indicated a complaint had been filed before we could even help resolve the issue.

As of 7/7/15 we did get the signed mutual release from the seller/builder indicating he would return the Non-refundable Deposit to the sellers. We are to be getting that check on 7/9/15 which is the first opportunity he has to meet with the listing agent. We have had the assistant manager speak to Mrs. [redacted] indicating the resolution and requested the complaint be withdrawn and as soon as we have the check will notify her.

Since I first received notification of this complaint I have been researching the situation.  I learned in the last couple of days that the the homeowner mailed a check to the complainant on 1/19/18.  I believe that this should resolve the situation. Thank you. [redacted]

As you can see by the attachment from Ms. [redacted], we have been communicating since the time that I received this complaint.  Both earnest money amounts have been refunded to her.  The $1200 from the first contract termination was in the form of a check from the Coldwell Banker...

Accounting Department.  The $1200 from the second terminated contract was Ms. [redacted]'s voided check which was returned to her in the mail.  The outstanding issue is the money for the inspections.  That is an expense that purchasers bear.  If the contract terminates the buyer is still responsible for payment.  Attached is the Buyer Inspection Authorization form, which clearly states this fact and is signed by Ms. [redacted].  Ms. [redacted] also requested a release from the Buyer Representation agreement with Coldwell Banker Gundaker.  She received an email from CBG Branch Manager, [redacted] with a copy of the agreement and acknowledgement that the agreement is terminated.There is nothing further that is in our control and we consider this matter closed.

A clerical error does not necessarily void a contract.    All parties, including Ms. [redacted], moved forward acknowledging an accepted contract.  Her earnest money has been returned on both contracts.  The cost of the building inspection is Ms. [redacted]'s responsibility.  There is nothing further to be said on this issue.