George L. Ebener & Associates

May 7, 2014
Dear [redacted];I received your letter regarding the complaint # [redacted]. The seller [redacted] had issues with some of the listing activities.I did meet with the seller to hear her complaints and took notes so I could investigate what she told me. I could not...

comment on anything in that meeting until I discussed it with the agent and the owners of the company.Some of the listing activities were not done in a time frame acceptable to the seller but we contracted with the seller to market her property; which we have done. We had the listing over the difficult months and wanted the opportunity to market the property when the activity increased.We decided that we would shorten the listing period by 3 months and change the end date of the listing to May 30,2014. After talking with her attorney the seller agreed to sign the change to the listing contract reflecting the ending date change to May 30,2014. I was not sure why her attorney asked for documents that the seller Informed me that she had in her possession.A resolution had been reached and I was surprised to be contacted by The Revdex.com.Sincerely;

Review: While I appreciate the agency's assistance listing my property, I feel that the agency is not fulfilling their part of our original contract that was signed and are not acting on behalf of my best interest. Listed below are numerous accounts of what I feel is a failure to uphold all portions of the listing contract.

Initially when the property was listed the agent stated that he placed a sign at the end of the street. I never actually saw the sign and could not find it.

On October 13, 2013, a poor flimsy sign was replaced with a metal sign. This new sign was not affixed to the frame with bolts; it just had two clips holding it in. The sign fell to the ground numerous times; the agent that I was working with was contacted numerous times to replace the sign or properly secure it to the frame. The agent never did come and I had to tie the sign to the frame with string. On another occasion the sign came out of the ground due to wind, I again contacted the agent and was told that he would come by and put it back in the ground. Once again the agent never showed up and I had to get help and hammer it back into the ground. I did request the proper bolts to be put in and was unable to get them installed even for the open houses.

Initial contract was written to start 8/23/2013 and end 1/23/2013, I had to correct it and change the end date to 1/23/2014 as the contract ended before it even began.

On December 10, 2013, I asked the agent to post new pictures of the house up on the internet to include bedrooms and bathrooms. On December 12, 2013, the agent stated that he turned in some new photos and he did not know why they were still not showing on the website. When the photos were finally uploaded to the website the photos were dated January 2, 2014, over three weeks later.

February 9th I sent the agent a message asking him to drop the price to $128,000.00 and to add property features. The agent then replied back that he was having an open house this day. I looked online at the listing and the open house was not listed. This was relayed to the agent and I was told the open house for my property would be another weekend.

February 25, 2014, I sent a text to the agent asking him to add a $2,000.00 seller assist and asked to add additional property features to the description.

February 26, 2014, I signed and sent a relisting form even though the original contract had expired on January 23, 2014. I again had to correct the paperwork that the agent had completed as the price was incorrectly listed as $129,900.00 and it was to be $128,000.00. The only reason that I re listed was because I did not want my house to come off the market. The only form that I signed was one page of a document at one spot. I never was told that I could pick how long I could re list and feel that I was not given all and/or accurate information regarding this matter.

February 28, 2014, the listing was back up, but the agent did not put the $2,000.00 seller assist as requested, to which the agent replied “he was on the case”.

March 4, 2014, I again sent an e-mail to the agent about the seller assist not being updated or showing up online.

March 5, 2014, I was notified that the seller assist that I originally requested when I re-listed my house on February 26, 2014 was finally updated. However, a whole weekend went by in which potential buyers could have seen the $2,000 seller's assist that wasn't posted when initially asked.

During the whole time that I had my house listed with this agent there were numerous times that I was told that an open house would be occurring on a date. I would then go over to my property to get the house ready for the showing only to be told that the agent made a mistake and the open house would be a following weekend. Given the harsh winter I wanted to ensure that the property was clear of snow and ice in order to prevent any accidents on my property. Each trip to the listed property is 45 minutes one way.

I met with the agency's office manager on March 24, 2014. The manager attended the meeting with a piece of paper and a pen. She had none of my paperwork for the meeting, nor commented on any of my complaints. When asked when I would hear back from her after she investigated my complaints, she stated that she couldn't given a specific time frame. She stated she had just gotten into the office, and couldn't even guarantee a response by Friday, March 28, 2014.

I recently requested to end my contract with this company (March 17th) and was told that I would not get a release until May 30, 2014. I was led to believe I would have a release after speaking with the agent, but was not told that this matter would need to be reviewed by the brokers and partners of the agency. Overall I am very upset with the service and professionalism that has been provided to me by the agent and company. I feel that their inability to list my property as requested is a breach of our contract and I do not believe that the agent or company is acting in my best interest regarding the sale of my property. I have also consulted with an attorney that requested in writing copies of all documents signed by myself from the agency. The agency has chosen to not respond to my attorney's letter that was sent on April 1, 2014.Desired Settlement: Full release from the listing contract OR a full release on April 23, 2014. The original contract expired on January 23, 2014. The agency agreed to reduce the relisting from 6 months to 3 months. The 3 month relisting is to take place from the date the contract expired, making the release date April 23, 2014.

Business

Response:

May 7, 2014Dear [redacted];I received your letter regarding the complaint # [redacted]. The seller [redacted] had issues with some of the listing activities.I did meet with the seller to hear her complaints and took notes so I could investigate what she told me. I could not comment on anything in that meeting until I discussed it with the agent and the owners of the company.Some of the listing activities were not done in a time frame acceptable to the seller but we contracted with the seller to market her property; which we have done. We had the listing over the difficult months and wanted the opportunity to market the property when the activity increased.We decided that we would shorten the listing period by 3 months and change the end date of the listing to May 30,2014. After talking with her attorney the seller agreed to sign the change to the listing contract reflecting the ending date change to May 30,2014. I was not sure why her attorney asked for documents that the seller Informed me that she had in her possession.A resolution had been reached and I was surprised to be contacted by The Revdex.com.Sincerely;