Ellis Family, Inc.

Thank you for calling our office today to advise of this complaint. Initially I thought this matter had been resolved with my office manager when Mrs*** cancelled her listing with my company in March/2015. In late April upon returning from a vacation, I received a message that she
had contacted our office again, still unresolved and requesting a refund for the advertising she had paid for (and that we completed per the terms of our agreement with her since October/2014).I had sent a letter to Mrs*** dated 05/01/addressing her concerns (see attached) and as of today's date have not heard back from her. I had not received any of the notices you sent to the old yahoo email address because the yahoo server was hacked and that email has been inoperable for over a year. Thank you for updating our email contact information as of today. Since her complaint date was 04/31/2015, she would have received my letter after she filed her complaint with your office. Please advise if you will need any more information from me to acknowledge that I have handled this complaint in a satisfactory manner. We always strive to offer great customer service and address any issues in a fair and timely manner.Respectfully,*** ***

My records reflect some discrepancies between [redacted]'s statements contained within her response and the facts as they pertain to; our initial meeting/establishing value, early cancellation/request for refund, and the terms of the Advertising Agreement, as indicated below. It is my intention to find a fair resolve to this complaint. Please find the following attached: 1.     Advertising Contract2.     Exclusive Right to Sell and Listing Agreement3.     Date stamped (10/20/2014) [redacted] and Worksheet4.     Date Stamped (10/20/2014) Screen shot from I-PAD of Improvement List5.     Statement from [redacted] I would like to respond to her following statements: RE:  Initial Meeting/Establishing value[redacted] stated the following:1.     I asked her what she thought her property was worth and that she told me the tax value was $30,000.00 and that I added my commission to this amount and this is how the list price was determined.  My Response: The attached 2014 [redacted] is dated 10/20/2014 showing a tax value of $17,600 not $30,000. [redacted] and I went over this document I brought with me for our appointment at the same time she provided me the list of improvements (see attached and date stamped) to assist in determining what was the potential home value.  We spent time going over her improvements, condition of the property, included furniture/furnishings, and recently sold comparable properties.  After examining the property, I suggested that she not list the home for over $30,000.  I suggested a list price of $29,999.00. We also discussed the ongoing space rent she would be required to pay if the home did not sell that could affect her bottom line.  When I told her that similar properties were selling for $23000-$25000 she said she thought she should get back the money she had spent on the improvements and that she was not going to “give the house away”. I explained that it is unrealistic to expect to get back full value for improvements and that there are lots of factors affecting price. The improvements she had made were substantial but still did not justify a list price over $30,000. She was not happy with my evaluation but asked me to list the property anyway.   I asked her what amount she wanted to list the property. She said she wanted $30,000 net to her.  Our commission was $3500.00 so if she wanted $30,000, the list price would have to include our commission so I agreed to list the property for $33,777.00. She said she would be willing to provide possession within 30 days (which is a reasonable value factor in seasonal housing).   I explained to her that once the advertising was complete and some time has passed, that if we did not get many inquiries/showings/offers, she would really need to consider lowering her list price if she really wanted to sell.  She agreed.  I returned and staged the property, completed the advertising package which included full color photography, property video/seller interview, color brochures posted at the homes site, and multiple website postings.     RE:  Early cancellation/Request for refund [redacted] stated the following: 2.     Denies contacting our office in March and states that she did not call us until the first part of April to inquire about her listing with us that would expire 04/20/2015. My Response: I have call logs and phone records which show the day she initially contacted our office to cancel her listing on March 20, 2015.  It was our intention and agreement to list the home from 10/20/2014 through 4/20/2015 (even though there was an error on the listing agreement showing 4/20/2014 instead of 4/20/2015).  RE:  Terms of advertising agreement [redacted] stated the following: 3.     She agreed to $95 for advertising and that $500 was part of the commission when I sold the house in a “verbal discussion”. My Response: The advertising agreement she signed on 10/20/2014 clearly states that $500.00 is to be deducted from the commission “when and if” the property is sold. We offer this to help offset the majority of the advertising costs paid for by the client by deducting $500 from the commission once the home is sold and when we receive the commission. The terms of the advertising agreement were discussed prior to the listing being initiated. This $500 deduction from the commission is also indicated in writing on the listing agreement (see #6 Commissions – attached). [redacted] understood, signed and dated both the advertising and listing agreements, paid for the advertising and initialed separately, her acknowledgment of our “no refund” policy.  RE:  Staff communication with client [redacted] stated the following: 4.     The office manager, [redacted] told her she could get out of her contract because it was dated incorrectly.  My Response: Please find the attached email statement from [redacted] dated today 06/10/2015.   I made a good faith effort to accommodate [redacted]’ request to start with a higher price but we received very few calls/inquiries regarding her listing.  This is why, as [redacted] has acknowledged, I directed our office to contact her regularly to update her and check in with her to see if she was ready to lower her price.  [redacted] also decided to change the possession date from 30 days to later in the season because she wanted to stay with her friends and avoid the cold weather. Postponing possession availability is also a factor affecting value.  [redacted] knew this when she listed the property.  When she called to change this, I agreed because I would not want to stand in the way of her wanting to stay in warmer weather and spend more time with her friends. She states that she was unwilling to lower the price because I had not shown it once. That is exactly why she needed to lower the price.  When I spoke with various buyers throughout our selling season most declined due to the price. But [redacted] would not budge despite our communication with her.  I did meet a potential buyer at the property to show it once but the lady declined to go in due to the lack of outside patio ([redacted] has a big Arizona Room which takes up the offside patio area) and limited parking (usable patio is under carport).  I called [redacted] to let her know and give her feedback and see if she was ready to lower her price. She did not and did not seem too concerned.  What I wish that I would have done differently is taken the time to call [redacted] more personally.  I worked over 70 hours a week for 6 months and delegated a lot of client and customer communication to my staff.  We sold dozens homes and I feel confidant [redacted]’ would have sold if she had been willing to lower her list price.  I think she may have felt neglected by me due to my lack of personal communication and for that I am sorry. She did receive all of the services she was promised and regular communication from my office.  My staff was also quick to respond to [redacted]’ concerns and serve her requests. I am sad for [redacted] that she cannot get more for her property.  I know she and her husband really loved it, it's hard to let go and they spent a lot of money on improvements but I never misled her to believe I could get what she said she wanted.  I was forthright about that from the beginning.  The declining value of the Canadian market also made a big impact on lowering values this season. As a good will gesture, I will be willing to offer $250 (USD) as settlement with [redacted] to resolve this complaint.  I wish her well and hope that it works out favorably for her when she finally makes the decision to sell.  Respectfully,[redacted]

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.Per our phone conversation today, June 3rd, you asked me to send a written statement as to the unresolved issues with Active Resort Properties and the listing agent, [redacted].I did not receive a letter from Active Resort Properties dated May 1, 2015, until May 22nd when I returned to my home in Minnesota as she used the Hutchinson MN address.  I left Arizona on May 20th, 2015.Here are a few points from that letter that I have a dispute with:1) [redacted] stated in her letter that on October 20th, 2014, she came to my Arizona home and said she spent several hours with me to list my property. To the best of my knowledge it was approximately one hour.  2) She did not tell me that the going range was between $23,000 - $25,000. She asked me what I thought it was worth. I told her the tax value was $30,000. [redacted] added her commission to that total and listed it at $33,777. One month later, [redacted] (sales manager) called me asking me to lower the price to $29,900. I told her that [redacted] hadn't shown it to even one potential buyer and I wouldn't lower the price until [redacted] did. [redacted] called a second time over the winter months and asked me again to lower the price which I again declined due to the lack of even one showing.  3) During the first part of April, 2015, I called their offices to see what was happening with my listing. This was just two weeks before the contract was to end not March 20th as stated in her letter. I asked about the dates on the contract. (The contract reads that it ends on 4/20/14.) [redacted] told me that I could get out of the contract since it was dated incorrectly. I told her to bring the keys back and to remove the [redacted] video from the internet. The keys were returned by [redacted] but the Yo[redacted] video is still online.4) I agreed to $95 for advertising and from the verbal discussion I had with [redacted], I understood that the $500 was part of her commission when she sold the house. I have been told by many people that you do not have to pay before the sale is finale.I don't understand that she had to have $500. up front. Regards,[redacted]