EXP Realty, LLC

Complaint: [redacted] I am rejecting this response because: MsR [redacted] does not answer the my main concern at the time that I am moving to South France and I will need 30-days to do so: order tickets for myself, my daughter, animal health certificates and arrange shipment container for out personal propertyMsR [redacted] left us with days after closing and $300/day charge if not vacate the property at the day of closingMoreover MsR [redacted] was asked to leave property marketed and backup offers acceptedShe removed property out of marketShe did not discus the contract just rushed to signNo professional broker should offer such contract to sign in the first placeShe trapped not only me but also a Buyer that did not have means to obtain the loan: insufficient credit, 3% down paymentI fired MsR [redacted] from the contract when obtained the lawyer...the problem is that one does not need a lawyer if broker understands the business she/he is inn and represents their clients interestThis contract fell apart because the Buyer did not receive the loanHowever MsR [redacted] up until the end kept telling me to move out of the house and "everything looks fine"Waste of time, monies and most importantly nervesPublic should be prevented from such brokers: don't listen, don't hear, does what 's pleased, cause financial hardship ( I could not work for over months)If I ordered plane tickets and health certificates and shipped my personal property what was MsR [redacted] was telling me to do, I would be sitting on the lonely chair in empty house ! Sincerely, [redacted]

Re: Complaint
ID: ***Dear Mr***:This letter is in response to
the above-referenced complaint filed by Ms*** ***Buying and selling
a home is a very stressful process with many moving partsI always strive to
take as much
stress off of my client’s shoulders as I possibly canI have done
everything I can do to represent the best interest of Ms*** on the sale
of her homeRegretfully, she does not see it that wayI entered into an Exclusive Right to Sell Listing Contract (listing contract) with Ms*** on 10/17/for the sale of her home at *** ** *** *** *** ** ***A redacted copy is attachedWhen we met, we did indeed discuss what she would consider to be the perfect offerShe stated she wanted her home sold as-is, and that she wanted the buyer to pay all title closing feesPlease see section of the listing contract. She also stated she did not want to deal with VA or FHA financing. See section of the listing contractAt the time of listing Ms*** made no mention of needing a Post-Closing Occupancy Agreement, which would be required to rent the home back from the buyer for a period of up to days post-closingIf she had, I would have noted that in section of the listing contract and the MLS listingSee section of the listing contractWe received two offers on Ms***’ homeOne on 10/28/from the buyer that she is currently under contract with, and one from another potential buyer on 10/29/One buyer was using conventional financing, the other VA financingIt is my duty to present all offers to a seller when I receive them, regardless of the terms, so I presented them both to Ms***At that time I asked her if she wanted me to go over the contracts with her in-person, to which she stated it was not necessary because she could read a contractThe contract that Ms*** did not accept was an offer at a higher price, included a Post-Closing Occupancy Agreement, and the buyer was using VA financingMs*** stated she liked the idea of having additional time via the Post-Closing Occupancy Agreement, but once she saw the contract, she rejected it because It was VA financing, and She stated renting back her own home was “ridiculous,” and she did not wish to do that, but would rather just push closing out to a later dateMs*** then elected to negotiate on the lower-priced offer with Conventional financingMs*** and the buyer negotiated the contract over a period of two weeks, which included one counter offer and four re-writes (written by the buyer’s agent)Some of Ms***’ demands the buyer agreed to, others he did notDuring negotiations, I had multiple conversations with Ms*** regarding the close dateShe kept asking that it be moved out later because the negotiations were taking so long, to allow her time to prepare to moveWhen I asked her if she needed some time after closing before she gave possession of the property to the buyer, she stated that she did not care when she closed, only that she needed until January to be able to have time to prepare her moveBefore she signed the contract, I notified Ms*** that, as the contract was written, the buyer would be taking possession of the home on the day of closing, and that he had not agreed to allow her to keep her home active on the market while it was under contractThese were all terms negotiated between the buyer and seller and not in any way dictated by the agentsRegarding Ms*** believing she has four days to move out after closing, I am uncertain where she got that impression, as the contract states she will be out on the date of closingEach time I have tried to explain this to her I have stated that close date and date of possession are on the same day, even prior to her signing the contractI have told Ms*** on several occasions that she should be prepared to be moved out by 1/16/18, per the contractReal Estate Contracts in the State of Colorado have an expiration date and time on themEach time the buyer’s agent sent over an offer, Ms*** would let the offer expire without signingThis went on until the 5th contractOver the course of the negotiations, the agreed-upon close date changed several times1/16/was the final date agreed to by both partiesThirteen days after the start of negotiations, on 11/9/17, Ms*** signed the contract. In no way did I ever coerce or force her to sign the contract, and in fact, never even attempted to create a sense of urgency for her to sign when the contracts were about to expireIt is not my wish for anyone to enter into a contract unwillinglyThe Real Estate contracts in the State of Colorado are all pre-written by attorneys, with blanks that can be filled in by agents as specific terms are negotiated between the partiesSection of the Contract to Buy and Sell Real Estate is standard verbiage in every Contract to Buy and Sell Real EstateThere is no way to “sneak it in” because it is always thereThis section is not intended to be a rental clauseIt is a penalty clause, designed to motivate the seller to vacate the property according to the terms of the contractIt is designed for the buyer to have restitution if they have to perform an eviction. The amount of restitution due to buyer varies based on what the buyer’s agent puts in the blank, but it usually ranges from $to$per dayThe amount in Ms***’
contract is $300, and that amount was filled in by the buyer’s agent as she
filled out the contract for her buyerI attempted to explain this section to
Ms*** over the phone and via email on numerous occasionsMs***
refused to listen to the explanation and become contentiously
angry every time I attemptedMy broker, Ray S***, also attempted to speak
with Ms*** when she phoned him, but she was antagonistic and would not
listenI prepared three amendments, on 12/2/17, 12/4/and 12/7/17, to address the various changes Ms*** wanted to the contractAll three amendments included verbiage for Ms*** to enter into a Post- Closing Occupancy Agreement with the buyerMs*** refused to sign all three of the amendments, so they were never presented to the buyer’s agent for the buyer to considerI did attempt to obtain verbal agreement to enter into a Post-Closing Occupancy Agreement from the buyer via his agentThe buyer said no, reasoning that he had already agreed to the very extended closing dateFrom the date the contract was signed (11/9/17) until the day of closing (1/16/18) was days, which is more than the 30-days Ms*** indicated she neededThe buyer’s lender prepared a pre-approval letter that was sent over by the buyer’s agent with the initial offerPrior to presenting the offer to Ms***, I also spoke to the lender on the phone to verify his ability to purchase Ms***’ homeThe lender assured me the buyer met all qualifications and was in the pre-approval stage of a loan to purchase the propertyWhen the question of an FHA loan came up, I followed up with the lender and confirmed with her that the loan needed to be conventional, per the contractThe loan is a conventional loanOn numerous occasions, per the request of Ms***, the lender has continued to confirm that the buyer is qualified, and approved, for a conventional loan on the propertyMs*** refuses to believe this to be true and has it in her mind that “there is no loan.” The loan is something that is out of the control of the agents, and we must rely on what the lenders tell us to be true.Regarding
Settlement:As I have explained to Ms*** many times, a Contract to Buy and Sell Real Estate is between the buyer and the sellerAgents cannot legally modify the terms of the contractAny modifications to the contract need to be agreed to between the buyer and the seller, in writingModification of the contract is out of my controlMs*** has terminated me as her agentNeither eXp Realty, LLC nor I currently represent her in this transactionI made multiple attempts, as mentioned above, to address the dates and terms of the contract before Ms*** chose to terminate our relationshipAs she is now representing herself, she will have to negotiate with the buyer directlyAs of the date of this letter, the Contract to Buy and Sell is scheduled and on track to close on 1/16/Since Ms*** terminated my services as her real estate representative, I am not responsible for the contract failing to closeAdditionally, Ms*** is not compensating my brokerage or me for services rendered over the last two months; a net gain to her in unpaid commissions.Please feel free to contact me for further
clarification or if you have any additional questions.Sincerely,Erika R***

Complaint: [redacted]
I am rejecting this response because: Ms. R[redacted] does not answer the my main concern at the time that I am moving to South France and I will need 30-40 days to do so: order tickets for myself, my daughter, animal health certificates and arrange shipment container for out personal property. Ms. R[redacted] left us with 0 days after closing and $300/day charge if not vacate the property at the day of closing. Moreover Ms. R[redacted] was asked to leave property marketed and backup offers accepted. She removed property out of market. She did not discus the contract just rushed to sign. No professional broker should offer such contract to sign in the first place. She trapped not only me but also a Buyer that did not have means to obtain the loan: insufficient credit, 3% down payment. I fired Ms. R[redacted] from the contract when obtained the lawyer...the problem is that one does not need a lawyer if broker understands the business she/he is inn and represents their clients interest. This contract fell apart because the Buyer did not receive the loan. However Ms. R[redacted] up until the end kept telling me to move out of the house and "everything looks fine". Waste of time, monies and most importantly nerves. Public should be prevented from such brokers: don't listen, don't hear,  does what 's pleased, cause financial hardship ( I could not work for over 2 months). If I ordered plane tickets and health certificates and shipped my personal property what was Ms. R[redacted] was telling me to do, I would be sitting on the lonely chair in empty house ! 
Sincerely,
[redacted]