Gelven Properties LLC

Initial Business Response /* (1000, 5, 2016/02/01) */
I find it amazing that the Buyer is trying to file a complaint against my Company. I went above and beyond for her and the only reason she was able to purchase a house in the first place was because I paid for a company to fix her credit to a...

point that she would qualify for a loan. It is clearly stated in the contract that no part of the rent payment would go towards her closing costs. Pg 4 (Lease payments are not credited, in whole or in part, against the purchase price of the Property) Only the $1500 nonrefundable consideration would be applied to that. Pg 2 (Buyer shall pay the amount of One Thousand Five Hundred Dollars ($1,500.00) to Seller as nonrefundable consideration for Seller's efforts to assist Buyer in obtaining financing, and Buyer's right to purchase the Property hereunder. This consideration shall be credited against the purchase price at closing if the Buyer timely closes on the purchase of the Property.)
We closed on this property on Friday, Jan 29th. This was NOT a timely closing on this property. The Buyer was supposed to have closed on the property last Summer.(Contract stated that she had 6 months to close) My credit repair team did everything in their power to help the Buyer to repair her credit and time and time again, the Buyer would not take their advice and ultimately hurt her credit even worse. I have several people who will attest to this. (The mortgage broker, the credit repair specialist and my crews) The Buyer would continually refuse to answer phone calls/texts/e-mails from myself and everyone else trying to work with her.
Eventually, I had to write the Buyer a "Last chance" letter on September 15, 2015 giving her 15 days to secure a closing date and be responsive to the Credit Repair Specialist and the Mortgage Broker. At that point, she seemed to take it seriously and do what they told her to do. I told her that as long as I knew she was actively participating in her credit repair process, I would allow her to continue to rent until we had a closing date.
This month, while attempting to close, once again, she started to delay the process and threaten not to close on the house because of a permit issue with the City of Florissant. I told her that we needed to close on this property and I even wrote her an addendum to the contract stating that I would "agree to satisfy the City of Florissant's permit process for the construction work completed at 1[redacted] South New Florissant Rd" and that "All work, including repair of drywall and finish work, would be completed within 5 days of final inspection" She stated that she would not close until all work was finished because she didn't trust that it would get done after we close.
The title company and mortgage broker all tried to explain to her that the addendum was part of the contract and that I would be bound by that. They also relayed to Buyer and myself that if she did not close by Friday, they would have to apply for an extension on her loan.
By this time, I felt like the Buyer was doing everything in her power to delay closing once again. At this point, after speaking with my attorney, I wrote her another letter stating that we would either close on Friday the 29th or I was going to rescind the contract and she would have to start looking for another place to live.
This house was supposed to have been sold 6 months prior, but due to Buyer's irresponsibility and lack of communication, it took 6 months longer.
Even though we closed, I am still fixing everything I promised and signed an addendum for. At this point, we are just waiting for the inspection of the property by the city. It is scheduled for this Wednesday, Feb 3.
I have all of the contracts, addendums, and official letters that I would be more than happy to share with you. I had every legal right to act in the manner I did.
The Buyer knew that none of her rent would go towards the closing of this property when she signed the contract.
As far as the ceiling tile goes, I told her that I would fix the ceiling when she moved in. We went to find the identical ceiling tile and it was outdated and there were none to be found. At that time, I told her that I was not willing to replace the whole ceiling, but that I would replace the broken tiles with ones that did not match if she wanted me to. I never heard from her again about the ceiling until she brought it up the week we closed. Even then, I agreed to stand by my word and replace them with ones that did not match. That will also be done this week.
If you need to speak with any of the people I mentioned to get their take on this situation, please let me know and I will gladly put you in touch with them. They would all be more than happy to let you know just how irresponsible the Buyer was during this process and that I went above and beyond to give her every chance to make it right.
They actually thought I was crazy to continue to work with her when they knew that I could have bailed at any time after this Summer.
Please feel free to call at any time to speak with me about this complaint. I am going to attempt to download some of these files I have spoke of.
Thank You!