I am writing in response to a letter of complaint I received from Mr [redacted] The complaint ID number is [redacted] Following my review of Mr [redacted] 's letter, I have prepared the following response.The [redacted] 's entered into a contingent contract to purchase a patio home located in our Essex Greens community in Clarence, NY on April 11, An initial deposit of $5,was received as per the terms of the contract on April 14, This deposit was also held in escrow as per the terms of the contractThe contingency was set to expire on May 13, and if released on or prior to its expiration would secure the price per the contractThe pricing for this project is registered with the NY State Attorney General as a matter of recordThe [redacted] 's were informed that if they were unable to sell their home prior to the expiration the selling price would be revised to the current published price which is stated in the contingency rider.On May 13, 2015, Essex Homes of WNY granted a two-day extension per the customer's requestOn May 15, at 4pm, we received the "Notice of Deletion of Contingency" deleting the contingency from the contract of saleAt that time, an additional, non-refundable deposit was due of $34,The [redacted] 's were advised that this deposit could be given to us on Monday of the following weekAt the time the release was received all deposits became non-refundable per the contract termsOn Monday, May 18, after 5pm, we eceived an email from Mrs [redacted] requesting that the contract be terminatedOur attorney responded to their attorney indicating that the contract was in full force and per the terms could not be cancelled On Wednesday, May 20, I received an email from Mr [redacted] and asked him to call me directlyI reviewed the terms of the contract with him by phone at which time he went into other personal matters related to his request in an effort to cancel the contractAt that time, I explained that costs had been incurred and I offered to retain $2,of the total, non-refundable amount owed of the $39,Mr [redacted] advised me that he wished to review the offer with this wife and would get back to meHe responded that he would agree to my offer and would send his daughter to our office with the $2,check and he then proceeded to cancel the original $5,checkThe $2,check was received and we, at Essex Homes, considered the matter complete and release documents were preparedTen days later I received a call from Mr [redacted] during which he stated that he had given further consideration to our prior, agreed upon offer and he now wanted Essex Homes to refund $1,of the $2,amount retainedI advised Mr [redacted] that we would not be willing to do that and I communicated that it was disconcerting to me that he would continue to pursue this issue after the matter had been concludedI am willing to produce copies of the contracts and various emails confirming the above stated facts from Essex Homes of WNYPlease fee! free to contact me at my offices at [redacted] ext211, should you require any clarification or if you have any additional questions.Thank you forthe opportunity to respond to this inquiry.Sincerely,Philip JN***President
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below The majority of MrN***'s response is simply restating what I had already described in the initial complaintMost of the main facts are not in dispute but the reasons, details and motivation behind the actions are at the heart of my complaint First, on May 13, when the initial price expired, our home was up for sale for two days and no purchase offer was forthcoming As I stated in originally I was abundantly clear and precise, since we had been in a situation with two mortgages in the past, that we were not comfortable releasing a contingency until our house was firmly sold so the pricing can be allowed to expireThis was, by far, chief among all other issues in possibly purchasing a new home so we were very careful not to get into that situation again It was MrH [redacted] , the new sales representative, who suggested exploring an extension for two days and I agreedThe extension was granted Second, on Friday May 15, we were contacted againAs stated originally, we had heard from our real estate agent that there were interested parties in the house and he was expecting to receive offers but, no offers were in hand When we spoke with MrH [redacted] on the afternoon of May we explained the situation and once again were going to allow the pricing to expire when MrH [redacted] , with what I believe to be were good intentions, very clearly indicated to us repeatedly that Essex was a very reasonable company and was not interested in keeping our depositHe offered to us verbally that we could sign the release (which we did at 4:00pm on Friday May 15) and that since no activity would take place over the weekend, we could have two extra days to receive an offer while still holding the pricing one last time If an acceptable offer was not received then we could release on Monday with no harm and still receive a FULL refund on the deposit We clarified that position with him several times before feeling comfortable to follow his recommendationAs stated, we tried to contact MrH [redacted] on Monday morning and, when we were unable to do so, we sent an email on the afternoon of Monday, May to be sure that we complied with all instructions You may check public records to see that the house was, in fact sold AFTER, May so the condition for the contingency release had not been metThere was no reason for us to sign the contingency and Essex asked for no contract to back up a sale I have attached the contingency release which references the wrong house to be soldI also have the emails asking for a contingency release and referencing a contract price increase from the day after our home was listed Third, as stated in the original complaint I was away on a business trip when I received notice from my attorney that, despite all assurances, Essex was indeed enforcing the contractWhen MrN [redacted] asked me to contact him I was still on my business trip in a rental car while he was on vacation and our conversation was limited by an impending conference call he had to attendGiven the short time of the phone conversation and the fact that I did not have the details to research in front of me I did end the conversation with paying $2,to initially move towards a resolutionI did not reconsider the offer but, I waited for MrN [redacted] to return from vacation to discuss a more equitable final resolution while not under time pressure and I had my facts Even though I was told that I would receive a full reimbursement I am a reasonable person and was willing to negotiate some compensation as a form of goodwill MrN [redacted] claimed expenses (which were never specified to me) regarding this transactionIf I had not signed the contingency release then there would have been no possible recovery of any expenses incurred, which are in the course of a sales business anyway In addition, I can't imagine what additional expenses would have been incurred from Friday at 4:00pm until Monday morning to recover since no work was done on the property over the weekend and an "available" sign was placed on the held lot on that same Monday afternoonFinally, the demand for half of the deposit seems arbitraryAs I mentioned in the original complaint, I consider myself reasonable and would have compensated MrN [redacted] something fair, even though I was continuously assured of a full refund, but $2,was an excessive amount and unreasonable As I expected MrN***'s response illustrates a very hard line with no expression of culpability or goodwill towards a potential client Best Regards, [redacted]
I am writing in response to a letter of complaint I received from Mr [redacted] The complaint ID number is [redacted] Following my review of Mr [redacted] 's letter, I have prepared the following response.The [redacted] 's entered into a contingent contract to purchase a patio home located in our Essex Greens community in Clarence, NY on April 11, An initial deposit of $5,was received as per the terms of the contract on April 14, This deposit was also held in escrow as per the terms of the contractThe contingency was set to expire on May 13, and if released on or prior to its expiration would secure the price per the contractThe pricing for this project is registered with the NY State Attorney General as a matter of recordThe [redacted] 's were informed that if they were unable to sell their home prior to the expiration the selling price would be revised to the current published price which is stated in the contingency rider.On May 13, 2015, Essex Homes of WNY granted a two-day extension per the customer's requestOn May 15, at 4pm, we received the "Notice of Deletion of Contingency" deleting the contingency from the contract of saleAt that time, an additional, non-refundable deposit was due of $34,The [redacted] 's were advised that this deposit could be given to us on Monday of the following weekAt the time the release was received all deposits became non-refundable per the contract termsOn Monday, May 18, after 5pm, we eceived an email from Mrs [redacted] requesting that the contract be terminatedOur attorney responded to their attorney indicating that the contract was in full force and per the terms could not be cancelled On Wednesday, May 20, I received an email from Mr [redacted] and asked him to call me directlyI reviewed the terms of the contract with him by phone at which time he went into other personal matters related to his request in an effort to cancel the contractAt that time, I explained that costs had been incurred and I offered to retain $2,of the total, non-refundable amount owed of the $39,Mr [redacted] advised me that he wished to review the offer with this wife and would get back to meHe responded that he would agree to my offer and would send his daughter to our office with the $2,check and he then proceeded to cancel the original $5,checkThe $2,check was received and we, at Essex Homes, considered the matter complete and release documents were preparedTen days later I received a call from Mr [redacted] during which he stated that he had given further consideration to our prior, agreed upon offer and he now wanted Essex Homes to refund $1,of the $2,amount retainedI advised Mr [redacted] that we would not be willing to do that and I communicated that it was disconcerting to me that he would continue to pursue this issue after the matter had been concludedI am willing to produce copies of the contracts and various emails confirming the above stated facts from Essex Homes of WNYPlease fee! free to contact me at my offices at [redacted] ext211, should you require any clarification or if you have any additional questions.Thank you forthe opportunity to respond to this inquiry.Sincerely,Philip JN***President
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below The majority of MrN***'s response is simply restating what I had already described in the initial complaintMost of the main facts are not in dispute but the reasons, details and motivation behind the actions are at the heart of my complaint First, on May 13, when the initial price expired, our home was up for sale for two days and no purchase offer was forthcoming As I stated in originally I was abundantly clear and precise, since we had been in a situation with two mortgages in the past, that we were not comfortable releasing a contingency until our house was firmly sold so the pricing can be allowed to expireThis was, by far, chief among all other issues in possibly purchasing a new home so we were very careful not to get into that situation again It was MrH [redacted] , the new sales representative, who suggested exploring an extension for two days and I agreedThe extension was granted Second, on Friday May 15, we were contacted againAs stated originally, we had heard from our real estate agent that there were interested parties in the house and he was expecting to receive offers but, no offers were in hand When we spoke with MrH [redacted] on the afternoon of May we explained the situation and once again were going to allow the pricing to expire when MrH [redacted] , with what I believe to be were good intentions, very clearly indicated to us repeatedly that Essex was a very reasonable company and was not interested in keeping our depositHe offered to us verbally that we could sign the release (which we did at 4:00pm on Friday May 15) and that since no activity would take place over the weekend, we could have two extra days to receive an offer while still holding the pricing one last time If an acceptable offer was not received then we could release on Monday with no harm and still receive a FULL refund on the deposit We clarified that position with him several times before feeling comfortable to follow his recommendationAs stated, we tried to contact MrH [redacted] on Monday morning and, when we were unable to do so, we sent an email on the afternoon of Monday, May to be sure that we complied with all instructions You may check public records to see that the house was, in fact sold AFTER, May so the condition for the contingency release had not been metThere was no reason for us to sign the contingency and Essex asked for no contract to back up a sale I have attached the contingency release which references the wrong house to be soldI also have the emails asking for a contingency release and referencing a contract price increase from the day after our home was listed Third, as stated in the original complaint I was away on a business trip when I received notice from my attorney that, despite all assurances, Essex was indeed enforcing the contractWhen MrN [redacted] asked me to contact him I was still on my business trip in a rental car while he was on vacation and our conversation was limited by an impending conference call he had to attendGiven the short time of the phone conversation and the fact that I did not have the details to research in front of me I did end the conversation with paying $2,to initially move towards a resolutionI did not reconsider the offer but, I waited for MrN [redacted] to return from vacation to discuss a more equitable final resolution while not under time pressure and I had my facts Even though I was told that I would receive a full reimbursement I am a reasonable person and was willing to negotiate some compensation as a form of goodwill MrN [redacted] claimed expenses (which were never specified to me) regarding this transactionIf I had not signed the contingency release then there would have been no possible recovery of any expenses incurred, which are in the course of a sales business anyway In addition, I can't imagine what additional expenses would have been incurred from Friday at 4:00pm until Monday morning to recover since no work was done on the property over the weekend and an "available" sign was placed on the held lot on that same Monday afternoonFinally, the demand for half of the deposit seems arbitraryAs I mentioned in the original complaint, I consider myself reasonable and would have compensated MrN [redacted] something fair, even though I was continuously assured of a full refund, but $2,was an excessive amount and unreasonable As I expected MrN***'s response illustrates a very hard line with no expression of culpability or goodwill towards a potential client Best Regards, [redacted]