Coldwell Banker King Thompson

First off Ms [redacted] is correct that my initial response had some errors and I apoligize for that The following is my response to each of the items in sections 1-7.Section Ms [redacted] is correct that the original listing contract was signed on April 25, and was supposed to go through October 25, (please see attachment) The contract shows that the standard listing commission (7%) was crossed out and (6%) was added above the signatures and then at sometime the (6%) was crossed out and changed to (5.5%) The fact is the property went into contract quickly and there were appraisal problems so that original contract did not work out Even though the original listing agreement went through October 25, we all agreed to withdraw the listing from the market on July 17, The result was that Ms [redacted] agreed to list her home for sale with [redacted] I have also attached the new listing agreement that was signed and the agreed upon commission was (6%) and that is where I got my information.Section I do not have a copy of the email that Ms [redacted] sent to [redacted] in January asking her if she would be interested in helping her sell her house however I think one could assume if Ms [redacted] had an unfavorable experience with the original listing period she would not have wanted to do it again.Section We did mean to say there was no contact available while Ms [redacted] was on military duty however we just wanted to make the point with time zone differences and potential availability to a computer made the communication different than the situations and in fact it at times did take a little longer which is to expected.Section We do not dispute the fact that Ms [redacted] did not receive her net proceeds worksheet as timely as she was told Ms [redacted] refers to [redacted] sending her a copy of the closing statement reflecting all costs involved in the sale of her home had some mistakes - first we do not prepare the closing statement we provide them all the paperwork and details and they talk with the lendors and all vendors to get the costs With my finding that the second listing agreement that was signed by Ms [redacted] reflected a (6%) commission that is probably why it showed that rather than the final (5.5%) fee I also attached a copy of an exception form showing it was agreed by Coldwell Banker King Thompson to waive the $commission and it was missed and got charged to the seller We will agree to refund that fee to Ms Edwards.Section There seems to be a misunderstanding regarding who was responsible for the sending Ms [redacted] all the signed documents after all the documents were signed The procedure is when the buyers and sellers are not able to be at the closing together the title company is the responsible party for sending out all the signed documents especially since they have to send out cancelled mortgage documents and recorded deeds which all happens after the closing.Section The fact is for whatever reason Ms [redacted] asked to changed the agreed upon time of closing and [redacted] did everything possible to accomodate the request Everyone involved did there best to make the closing work As far as why the closer was late for the closing who knows the real reason and that is completely out of our control as they work for the title company.Section As I stated in section above Coldwell Banker King Thompson at ***'s request agreed to waive the $fee (see attached document)and for some reason it was not waived as agreed We will refund the $to Ms [redacted] to whatever address she wants us to send it to

First of all I am very sorry Ms [redacted] feels she had a bad experience with Coldwell Banker King Thompson and our agent [redacted] We always strive to provide all our customers with the best possible service so their total experience is good After reading Ms [redacted] complaint I spent quite a bit of time trying to gather as many facts of what went on and why some things did not go as smooth as we all would have liked The following are my findings.The first contact [redacted] had with Ms [redacted] was in early fall when Ms [redacted] listed her home for sale with *** It went into contract immediately however the lender for the buyer did not appraise the property for the contract price so it fell out of contract Ms [redacted] decided to not continue with the sale because of military obligations that was going to take her out of the country.Sometime in early January Ms [redacted] decided to contact [redacted] to see if she would be willing to list her home for sale again She indicated her experience the first time was good so she wanted [redacted] to help again [redacted] listing the home.Again the home went into contract immediately and before all the terms of the contract were worked out Ms [redacted] again had to go out of the country for military reasons While she was out of the country communication was obviously more difficult than if she remained local Both Ms [redacted] and [redacted] understood that and agreed upon the best means of communication during that time There are a number of statements by Ms [redacted] in her complaint regarding delay in communication, delay in getting documents, delay in getting closing date and time setup, delay in getting HUD statement, delay in getting all closing documents, delay in receiving net proceeds check and as a result she feels [redacted] did not represent her well.I have included several attachments that I feel address the above complaints - 1) attachment from [redacted] with a response regarding complaints - 2) An attachment showing all the text messages between [redacted] and Ms [redacted] that clearly show that there was considerable communication even during the time Ms [redacted] was out of the country - 3) An attachment showing many of the emails between Ms [redacted] and [redacted] again clearly showing there was a line of communication - 4) An attachment showing an email from the title company who was responsible for preparing the HUD and issuing the net proceeds check to the seller It also states that they did provide her with a CD at closing which had copies of all the documents she signed at closing even though she maintains she did not receive anything.Ms [redacted] is asking for a partial reduction of the commission paid however she failed to state that in fact Coldwell Banker King Thompson and [redacted] did in fact agee to a reduction of their commission from 6% to 5.5% and forgive the flat fee commission of $so Ms [redacted] would not have to bring on money to the closing The fact that her payoff was considerably higher than she thought is/was not Coldwell Banker King Thompson or ***'s fault however we graciously volunteered to reduce our commission.In Summary again we are sorry that Ms [redacted] feels as though she did not have a good experience with the sale of her home however after reviewing all the facts available to me I do not see what [redacted] did wrong Based on the text messages and the emails it looks like [redacted] was very responsive to all of Mx [redacted] questions and even last minute changes due to work schedules keeping in mine that several parties had to agree to the changes and all [redacted] could do was try to cause the changes to happen The thing that I do not understand is why it took so long to get Ms [redacted] her net proceeds check however that was the title companies responsibility and not *** As far as Ms [redacted] request for additional refund of commissions she paid at the closing we feel like we went above and beyond when we volunteered to our initial reduction from 6% to 5.5% plus waiving the flat fee commission of $so we do not feel it necessary to refund any additional commission to Ms Edwards.Please let us know if you need any additional information[redacted] ***, EVP/BrokerColdwell Banker King Thompson

Amy M [redacted] represented buyers, [redacted] and [redacted] who submitted an offer to purchase [redacted] Drive, Galloway, Ohio owned by [redacted] and [redacted] on November 19, The purchase offer agreement was accepted by the sellers later that day The home was listed for sale by sellers brother/brother-in-law [redacted] with [redacted] Realty 1) The purchase contract agreement had a home inspection contingency which the buyers and their home inspector completed The home inspector found some unsatisfactory issues and as a result the buyers gave the sellers a list of some of the unsatisfactory conditions November 28, and asked them to have them completed by December 21, and allowed the buyers to do a walk-thru inspection to inspect said repairs within hours of required completion date The sellers agreed to all the conditions and signed the agreement on December 3, 2016.2) The purchase contract agreement the sellers agreed to also allowed the buyers to do a walk-thru inspection days prior to closing and the closing was set for December 29, 2016.3) After the home inspection the buyers through their Realtor asked to be able to enter the property with their Realtor to measure for carpet and to take a contractor through to get a quote to finish basement On both occasions the sellers Realtor, [redacted] told the buyers Realtor no problem as the property is vacant and all they had to do was use the lock box that he had placed on the property to gain access.4) On December 26, (days prior to closing as agreed to in purchase contract agreement) Leslie N [redacted] , an agent with Coldwell Banker King Thompson who was filling in for Amy M [redacted] while she was on vacation, emailed [redacted] (see below) to let him know that the buyers wanted to do their final walk-thru (as agreed to by sellers in the purchase contract agreement) at 10:00am on December 26, and asked if that was OK Leslie did not get a confirmation back from Brad prior to the 10:requested time so she incorrectly assumed since the sellers had agreed to allow the buyers to do the walk-thru days prior to closing and they had been allowed to enter other occasions by using the lock box because the home was vacant there would be no problem with the request She now understands she assumed incorrectly and for that we apologize to the seller and want to assure her this is not something that we encourage

In response to the message from *** ***, EVP Broker of Coldwell Banker King Thompson I would like to address the followingHis initial response was poseted that I listed my house in Fall of I actually listed it in April of I've attached documentation of the initial listingThe listing agent had already agreed to 5.5%, so this was not a change from the previous discussionIn the e-mail communication dated April 27, it is clear that this change in commission was a previous business arrangementThe contract did fall through and with upcoming military obligations the house was taken off the market at my requestIn January I did send the listing agent an e-mail asking if she was interested in being the listing agent againThe e-mail was non-specific and did not speak of the "good experience" I had from the previous listing3.While I was out of the country on military leave I did have e-mail access, as evidenced by the e-mail communication from the listing agent on January 29th, The limitations in communication were telephone contact, which the listing agent and myself rarely conductedThe e-mail communication was open and she had full access to the house and all necessary documentsThere were several mistakes and delays in the paperwork. I have attached several examples of the delays in service In the e-mail I sent dated January 13, at 4:40p I requested the net seller proceed documentationThe listing agent responded the same day at 5:20p that she would provide it that evening or on the 14thWhen I still did not receive the net seller information I again e-mailed on the 15th at 1:02amI also requested that my middle initial be corrected on the documentationShe responded at 5:21pm on the 15th that she would send it the following day (again, this is all referenced in the e-mail communication). I finally received the net seller proceed sheet on January 16th at 5:25pm The listing agent sent an e-mail on February 25th at 2:55pm with the closing information/settlement statementThere was no price difference at this timeThe agency had the payoff from my lender, the amounts were previously agreed up on in contractThe e-mail requested I bring $for Associates TitleThis Settlement statement had the commission price listed at 6%, not 5.5% as agreed upon previously (since the initial contract)I have attached the e-mail and the original settlement statement presented on February 25thI e-mailed on the 25th inquiring about the extra money, at which time the response was that I received an incorrect HUD statementThe e-mail is attached, however it states clearly that "it reflects the 5.5% commission and the $broker admin fee added to Seller side of commission." 5.The title company did provide me with a CD of the documents I would be signing at closingThe listing agent specifically stated at closing that she would overnight the signed documents from both partiesI received this only after contacting the Revdex.com and from the Title CompanyI stated clearly that I have received the cd, however not the official completed documentation from both partiesThe documentation from both Mr*** and from Mr*** state that I requested to move up the closing the day of the closing because I stated that I was "leaving the country" for military dutyI have attached my initial request on Tuesday, February 24th at 4:40pm stating "there's potential that the Army is going to send me out of town, so I wanted to make sure I got my section done just in case." I did not state I was leaving the countryIn fact, at closing I gave specific details about my traveling to CLEVELANDI never, in any way, suggested I was leaving the countryAs referenced by my e-mail message, I only said travel with the militaryAlso, I would like to note that the time table here was an hour short of hours prior to the closingI made my request in ample enough time that there should've been a variety of options to accomodate a soldierThe Title Agent was also minutes late to the closing, of which I waitedI also had no e-mail communication with Mr*** until Monday, March 9thI didn't even speak to him in regards to my closing and he certainly did not have first person information that I was "leaving the country." I also attached the final settlement statementOn page of 4, line is the Coldwell Banker King Thompson CommissionYou'll see that it is $4,The asking price was $The Amount "Paid from Sellers Funds at Settlement" was $9269.00, the amount paid to Keller Williams was $Otherwise the initial commission amount paid to Coldwell banker was and the Broker admin fee was in fact paid out at making the total $The initial response of Mr*** made it appear as though the commission was reduced and the $broker admin fee was waived as a service to me, so that I would not have to bring money to the tableThe records clearly state that in the negotiation of listing the house the commission of 5.5% was already agreed upon before even determining if any money would need to be brought to closingIt should also be noted that the broker fee was in no way negotiated or discussedI provided additional e-mail documentation stating the broker fee was included in the saleIn summary, Mr***'s own response to my complaint has numerous fallacies, as evidenced by the attached fileWhile I most certainly appreciate his efforts to perform an investigation, I also appreciate an accurate and thorough one as wellI believe that I have provided substantial documentation that there were errors and delays in the documentation, on not simply one occurranceI have also provided documentation that the commission reduction occurred in April and not as a means of a "favor" so I would not have to bring money to the closingThe $Broker admin fee was in fact paid, despite the statement from Mr*** that this was also waivedThe documentation provided shows that while I was out of the country, there was a line of communication during that timeI believe that the facts alone stand for themselves, however the small discrepancies appear to bring about some question to my characterThe information assembled will serve as substantial documentation that I in fact did not say I was out of the country and I did request the early closing in sufficient amount of timeThe full commission of 5.5% for a job performed with multiple delays and errors is not warranted or earned.Please let me know if you'd like any additional information

First of all I am very sorry Ms [redacted] feels she had a bad experience with Coldwell Banker King Thompson and our agent [redacted].  We always strive to provide all our customers with the best possible service so their total experience is good.  After reading Ms [redacted] complaint I spent...

quite a bit of time trying to gather as many facts of what went on and why some things did not go as smooth as we all would have liked.  The following are my findings.The first contact [redacted] had with Ms [redacted] was in early fall 2014 when Ms [redacted] listed her home for sale with [redacted].  It went into contract immediately however the lender for the buyer did not appraise the property for the contract price so it fell out of contract.  Ms [redacted] decided to not continue with the sale because of military obligations that was going to take her out of the country.Sometime in early January 2015 Ms [redacted] decided to contact [redacted] to see if she would be willing to list her home for sale again.  She indicated her experience the first time was good so she wanted [redacted] to help again.  [redacted] listing the home.Again the home went into contract immediately and before all the terms of the contract were worked out Ms [redacted] again had to go out of the country for military reasons.  While she was out of the country communication was obviously more difficult than if she remained local.  Both Ms [redacted] and [redacted] understood that and agreed upon the best means of communication during that time.  There are a number of statements by Ms [redacted] in her complaint regarding delay in communication, delay in getting documents, delay in getting closing date and time setup, delay in getting HUD statement, delay in getting all closing documents, delay in receiving net proceeds check and as a result she feels [redacted] did not represent her well.I have included several attachments that I feel address the above complaints - 1) attachment from [redacted] with a response regarding complaints - 2) An attachment showing all the text messages between [redacted] and Ms [redacted] that clearly show that there was considerable communication even during the time Ms [redacted] was out of the country - 3) An attachment showing many of the emails between Ms [redacted] and [redacted] again clearly showing there was a line of communication - 4) An attachment showing an email from the title company who was responsible for preparing the HUD and issuing the net proceeds check to the seller..  It also states that they did provide her with a CD at closing which had copies of all the documents she signed at closing even though she maintains she did not receive anything.Ms [redacted] is asking for a partial reduction of the commission paid however she failed to state that in fact Coldwell Banker King Thompson and [redacted] did in fact agee to a reduction of their commission from 6% to 5.5% and forgive the flat fee commission of $249 so Ms [redacted] would not have to bring on money to the closing.  The fact that her payoff was considerably higher than she thought is/was not Coldwell Banker King Thompson or [redacted]'s fault however we graciously volunteered to reduce our commission.In Summary again we are sorry that Ms [redacted] feels as though she did not have a good experience with the sale of her home however after reviewing all the facts available to me I do not see what [redacted] did wrong.  Based on the text messages and the emails it looks like [redacted] was very responsive to all of Mx [redacted] questions and even last minute changes due to work schedules keeping in mine that several parties had to agree to the changes and all [redacted] could do was try to cause the changes to happen.  The thing that I do not understand is why it took so long to get Ms [redacted] her net proceeds check however that was the title companies responsibility and not [redacted].  As far as Ms [redacted] request for additional refund of commissions she paid at the closing we feel like we went above and beyond when we volunteered to our initial reduction from 6% to 5.5% plus waiving the flat fee commission of $249 so we do not feel it necessary to refund any additional commission to Ms Edwards.Please let us know if you need any additional information.[redacted], EVP/BrokerColdwell Banker King Thompson

I appreciate the opportunity to address Mr. [redacted]'s complaint concerning his dealings with [redacted] from our Arlington office.  Mr.[redacted] indicated he was not advised of all the paperwork he was asked to sign especially the Exclusive Buyers Representation Agreement and as a result...

would like to be released from the agreement as well as have all our agents explain the paperwork better.  The following are comments from [redacted] regarding working with Mr. [redacted].[redacted] she received a call from Mr. [redacted] on a property that was for sale and agreed to take him out to not only look at that property but others.  She showed over 20 homes on 3 different occasions to Mr. [redacted] in terrible snow storms before they found one they wanted to make an offer on.  [redacted] helped them write their offer and afterwards found they were in a multiple offer situation.  Unfortunately they were not the successful bidder for the property.  [redacted] show them more homes afterwards.  She did not hear from them for a couple of days so she called them to see what was going on and that is when Mr. [redacted] told her they were in contract on a home.  At that time she reminded them of the Exclusive Buyer Representation Agreement they had signed and asked them if they were represented by a Realtor.  Mr. [redacted] asked her to send him a copy of the signed agreement so she sent it to him and there was no follow up by either party.A common practice among Realtors is to ask potential buyers if they are working with other Realtor or if they had signed any representation agreements so they do not place the buyer in a potential situation where they owe a commission to multiple Realtors.  We all take these agreements seriously because of the work we put in to represent our clients well.The following is my response to Mr. [redacted]'s complaint.It is hard for me to believe someone does not understand what is happening when they are asked to sign an agreement the is marked in bold letters Exclusive Buyer Representation Agreement that spells out the relationship with their Realtor.  I have attached a blank copy of our agreement for you to view.  It is not something we just throw into the mix in order to confuse everyone - we take it seriously because that is our job.Mr. [redacted] has asked to be released from the the Exclusive Buyer Representation Agreement he signed with [redacted] and Coldwell Banker King Thompson and we will agree to do so.  For future we ask Mr. [redacted] to take any and all contracts he signs seriously because others may not be as forgiving as we are.Please let me know if you need any additional information.  Thank You.

First off Ms [redacted] is correct that my initial response had some errors and I apoligize for that.  The following is my response to each of the items in sections 1-7.Section 1.  Ms [redacted] is correct that the original listing contract was signed on April 25, 2014 and was supposed to go through October 25, 2014 (please see attachment).  The contract shows that the standard listing commission (7%) was crossed out and (6%) was added above the signatures and then at sometime the (6%) was crossed out and changed to (5.5%).  The fact is the property went into contract quickly and there were appraisal problems so that original contract did not work out.  Even though the original listing agreement went through October 25, 2014 we all agreed to withdraw the listing from the market on July 17, 2014.  The result was that Ms [redacted] agreed to list her home for sale with [redacted].  I have also attached the new listing agreement that was signed and the agreed upon commission was (6%) and that is where I got my information.Section 2.  I do not have a copy of the email that Ms [redacted] sent to [redacted] in January 2015 asking her if she would be interested in helping her sell her house however I think one could assume if Ms [redacted] had an unfavorable experience with the original listing period she would not have wanted to do it again.Section 3.  We did mean to say there was no contact available while Ms [redacted] was on military duty however we just wanted to make the point with time zone differences and potential availability to a computer made the communication different than the normal situations and in fact it at times did take a little longer which is to expected.Section 4.  We do not dispute the fact that Ms [redacted] did not receive her net proceeds worksheet as timely as she was told.  Ms [redacted] refers to [redacted] sending her a copy of the closing statement reflecting all costs involved in the sale of her home had some mistakes - first we do not prepare the closing statement we provide them all the paperwork and details and they talk with the lendors and all vendors to get the costs.  With my finding that the second listing agreement that was signed by Ms [redacted] reflected a (6%) commission that is probably why it showed that rather than the final (5.5%) fee.  I also attached a copy of an exception form showing it was agreed by Coldwell Banker King Thompson to waive the $249 commission and it was missed and got charged to the seller.  We will agree to refund that fee to Ms Edwards.Section 5.  There seems to be a misunderstanding regarding who was responsible for the sending Ms [redacted] all the signed documents after all the documents were signed.  The normal procedure is when the buyers and sellers are not able to be at the closing together the title company is the responsible party for sending out all the signed documents especially since they have to send out cancelled mortgage documents and recorded deeds which all happens after the closing.Section 6.  The fact is for whatever reason Ms [redacted] asked to changed the agreed upon time of closing and [redacted] did everything possible to accomodate the request.  Everyone involved did there best to make the closing work.  As far as why the closer was late for the closing who knows the real reason and that is completely out of our control as they work for the title company.Section 7.  As I stated in section 4 above Coldwell Banker King Thompson at [redacted]'s request agreed to waive the $249 fee (see attached document)and for some reason it was not waived as agreed.  We will refund the $249 to Ms [redacted] to whatever address she wants us to send it to.

Amy M[redacted] represented buyers, [redacted] and [redacted] who submitted an offer to purchase [redacted] Drive, Galloway, Ohio 43119 owned by [redacted] and [redacted] on November 19,2016.  The purchase offer agreement was accepted by the sellers later that day.  The home was...

listed for sale by sellers brother/brother-in-law [redacted] with [redacted] Realty.  1) The purchase contract agreement had a home inspection contingency which the buyers and their home inspector completed.  The home inspector found some unsatisfactory issues and as a result the buyers gave the sellers a list of some of the unsatisfactory conditions November 28, 2016 and asked them to have them completed by December 21, 2016 and allowed the buyers to do a walk-thru inspection to inspect said repairs within 48 hours of required completion date.  The sellers agreed to all the conditions and signed the agreement on December 3, 2016.2) The purchase contract agreement the sellers agreed to also allowed the buyers to do a walk-thru inspection 3 days prior to closing and the closing was set for December 29, 2016.3) After the home inspection the buyers through their Realtor asked to be able to enter the property with their Realtor to measure for carpet and to take a contractor through to get a quote to finish basement.  On both occasions the sellers Realtor, [redacted] told the buyers Realtor no problem as the property is vacant and all they had to do was use the lock box that he had placed on the property to gain access.4) On December 26, 2016 (3 days prior to closing as agreed to in purchase contract agreement) Leslie N[redacted], an agent with Coldwell Banker King Thompson who was filling in for Amy M[redacted] while she was on vacation, emailed [redacted] (see below) to let him know that the buyers wanted to do their final walk-thru (as agreed to by sellers in the purchase contract agreement) at 10:00am on December 26, 2016 and asked if that was OK.  Leslie did not get a confirmation back from Brad prior to the 10:00 requested time so she incorrectly assumed since the sellers had agreed to allow the buyers to do the walk-thru 3 days prior to closing and they had been allowed to enter other occasions by using the lock box because the home was vacant there would be no problem with the request.  She now understands she assumed incorrectly and for that we apologize to the seller and want to assure her this is not something that we encourage.