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Address: PO Box 4937, Springfield, Missouri, United States, 65808-4937
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Address: PO Box 4937, Springfield, Missouri, United States, 65808-4937
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This complaint is against *** with Hideaway Development, LLC out of Nixa, Missouri. *** and I entered into a contractual agreement for the purchase of his real estate at *** in June 2018, with a projected close date of August 24, 2018. Both parties agreed to the list of repairs (attached) asked of ***, to be completed before closing. My partner and I, as well as my real estate agent continued to ask after the progress of the repairs and for proof of repairs through submitted receipts, but we were assured the work was being completed, and did not receive any receipts.
On 08/23/2018, my partner and I along with my real estate agent entered the residence to perform a final walkthrough at 5:00 PM. Upon entering the residence, we could immediately see what had not been completed per the agreement. Examples include: leaking diverter faucet, broken glass from a bedroom window repair that was not fully completed, missing trim, missing GFCI outlets required by law, and again, lack of receipts from licensed contractors for major HVAC issues and roof issues.
After making notations of issues still needing attention, my real estate agent called ***’s broker to resolve these pending issues. Because of the limited timeframe between 5:00 PM the night before closing, which was scheduled for 10:00 AM, there was little chance of getting a contractor out for estimates and work. *** offered us $500 in lieu of repairs. We did not accept this offer as the amount of work still needing to be done could be costly, in addition to the lack of receipts to prove the HVAC and roofing systems were actually fixed as requested.
Having previous contractor experience and knowledge in home repairs, my partner estimated the repairs and countered with $1800, which *** rejected without a counter offer. At this point, ***’s actions showed that he was not interested in moving forward or interested in making the repairs he was legally contracted to make – we were ready to walk away from the closing. This caused a lot of emotional strain because we have three children already registered with Nixa schools, we had given notice to our current landlord of our moving, and everything was riding on this home. We were also the ones taking all of the risk, and we were not comfortable with that.
On the morning of 08/24/2018, we received a call from our real estate agent stating *** was willing to give $900 toward repairs. We were two hours away from closing and still did not have receipts, which was also a condition for closing that he agreed to. Before we could accept or refuse the offer, *** again rescinded the offer and refused to pay any money toward repairs. In an effort to show we were not after money but just wanted what was promised, we suggested putting the money in an escrow account so it would only be spent on approved repairs and any balance (positive or negative) would belong to ***.
I ended up having to close against my better judgement because, honestly, my back was against a wall and I had no choice, or possibly face legal action for breach of contract despite that being exactly what *** did – we had nowhere else to go, everything was arranged for this home and I did not have the funds nor the time to begin searching for a new home all over again.
Final Walk Through Doc - Cites Issues still wrong with the house upon closingWrap Up on *** Cites Hideaway Development LLC as the seller of my property, as well as the addendum for repairsContract Agreement to Repairs - Cites the repairs we requested and what ***greed to
After the initial agreed-upon repairs to the home were made, *** expressed the repairs requested were not made to her satisfaction. In order to appease ***, we generously offered $500 in compensation at closing so she could satisfy the repairs to her standards on the home. This amount beingabovethe amount the home inspector that *** hired estimated would be needed to complete the repairs to ***' satisfaction. *** buying agent contacted the home inspector who returned a verbal estimate of $300-400 dollars to complete remaining repairs. *** (through her realtor) chose to ask for $1,800--well above what the home inspector hired by *** estimated for the repairs. After again extending the offer of $500 (well above what ***' home inspector estimated) for the repairs, *** demanded $1,800 be placed in escrow.Because we felt this was blatant price gouging and the repairs were satisfactorily made to begin with, we declined to pay that amount. *** then threatened to walk away from the sale. We accepted this since we did not think her requests were fair despite the dissolution of the sale putting Hideaway Development in a bind since we had evicted the previous tenant to allow for the sale of the home. However, we were willing to walk away from the sale if it meant *** would be unsatisfied with completing the deal. The depiction that *** was forced into closing on the described real estate deal is categorically false. There is no way for Hideaway Development to force *** into the sale of the home. *** had full representation in the deal by a real estate agent and broker she hired. *** was given the opportunity to walk away from the deal and with the counsel of her agent, chose to move forward with the sale with no additional compensation or repairs. No home warranty was negotiated in the sale of this home.*** is now using this Revdex.com complaint as a means to coerce financial compensation she thinks she deserves on this home. Once *** signed on the sale of the home, she released any claim she had on additional compensation and absolved Hideaway Development of any further obligations to the sale or the property--this being the point of a real estate closing. It is also worth mentioning that according to ***' buying agent, *** is an employee of the Revdex.com of Nixa. We feel her employment there is a conflict of interest in lodging this unfounded complaint against Hideaway Development. I have attached a few documents:1. Sellers' agent *** detailed notes and timeline that lists the offers made to help appease this situation.2. All repair invoices detailing what was done to the property.It's also worth noting: as to the glass in the home, that damage was caused by *** home inspector's ladder. He left the home and notified no one of the damage he caused to the home. In good faith, we repaired the window without issue at our own financial and time cost.For additional inquiries, *** Broker/Salesperson *** can be contacted at *** as well as *** Managing Broker ***.Hideaway Development declines ***' request for additional compensation and wishes her much luck in any future real estate deals.
Complaint: ***
I do not accept *** lack of resolution in this matter. To address his responses directly:
1. *** states the repairs were not done to my satisfaction. In a sense, this is true. Many of the agreed upon repairs were not done at all and those that he completed were not done correctly. For example, the broken window in question was repaired but not properly functional. Please see included documentation of a second home inspection conducted by *** for uncompleted work. This is the same company that provided the first inspection prior to closing. This detailed inspection report reconfirms that *** did not complete the agreed upon repairs as promised.
2. *** provided a word document of the monetary offers made to repair the home, however these are not accurate and I stick to my version of how and when the offers were made. *** offered funds in place of repairs several times, and each time rescinded his offers.
3. The home inspector has confirmed through writing that their company never provided *** nor any agent an estimate of repair costs for the amounts claimed. *** additionally confirmed they did not cause the issues with the window. Please see official documentation attached from the company directly stating this.
4. *** has accused me of attempting to price gouge. This is untrue. Each time I attempted to work with him to get the repairs done, I offered for the money to be held by a third neutral party (escrow), with the balance returned after the work was completed. If I was going to extort money from ***, I would not have made these offers.
5. *** states the previous tenant was evicted from this residence so he could sell the property, thus putting him in a bind. There is no evidence of this. Our agent, the tenant, and neighbors have attested that the previous tenant was downsizing due to health concerns and found another residence to move. I am attempting to reach out to the previous resident to confirm, because this directly relates to *** testimony of events.
6. *** did not force me into closing. This was never stated. After speaking with a real estate attorney, I was advised to close because if I did not, I could be held in breach of contract like *** already is. During closing, I signed an affidavit that states I was agreeing to close but not satisfied with the repairs or lack thereof. This document was previously attached and witnessed by all during the closing meeting.
7. *** is claiming that I am using my position at the Revdex.com to further my agenda of coercing money from him. This is grossly untrue. I have provided evidence for all of my claims and continue to provide documentation to support my complaint. The Revdex.com is for consumers and businesses alike and in this case, I am a wronged consumer and have a right to request assistance. I would like to further note that I do not have access to this complaint and I do not have anything to do with the complaints process for the organization. My position is not a conflict of interest in this case.
8. The generic receipt that *** provided of the bulk of the completed work was done by his business partner under his additional business name: HD Build, LLC – this company is owned by ***, *** business partner with Hideaway Development, LLC; This is a direct conflict of interest as *** is not a neutral third party contractor.
The receipts provided don’t cover all of the repairs that were agreed upon. ***signed a legal contract stating he would resolve these issues. Again, this isn’t a matter of just being unsatisfied with the work, this is a matter of *** taking shortcuts and not completing what he signed to. I think what I am asking for is fair. I would like the work done and completed by licensed contractors of my choosing.
Sincerely