Home Smart Real Estate

Dear [redacted] ,We are in receipt of your letter dated January wherein reference to a complaint was brought to our attentionPlease know we have reached mutually agreed upon resolution with the consumer, and believe this matter is no longer an issue.As a matter of record, I would like to provide a few comments relative to the complaint, and the company position regarding sameThe company was never under the opinion that any default, and/or improper action was taken at any timeThere are two sides to every complaint, and it is worthy of note that the company investigated contractual issues, mutually executed documentation, and procedures taken, with the legal counsel of the California Association of RealtorsThe company was advised by the legal team of CAR that company position was correctly taken, and further, that the company would likely prevail in the event the consumer took further actionIn review of the entire situation, coupled with desire to maintain good will with both the consumer and our industry, the company submitted a simple resolution which was accepted by the consumer within a couple of hoursI believe the complaint can, and should, be closed.Thank you for your prompt attention,Regards, [redacted] "Skip" [redacted] Broker' Co-Owner

Initial Business Response /* (1000, 12, 2016/04/11) */
HomeSmart Legend's role in this transaction was that of representing the Seller of subject property; however, we do have a fiduciary to be honest and fair in dealing with both Buyer and Seller. The Buyer, was represented another company and...

used financing service provided by a company of their own choosing. Failure to receive accurate total payment information is a bi-product and significant part of the lenders failure to fulfill the delivery of a Truth in Lending Statement within a 72 hour period of time from the completion of submitting the financing application. The Truth in Lending Statement is also confirms the inclusion of any and all property taxes assigned to the property, inclusive of special assessments (i.e. Mello-Roos). Property tax info is important to all Buyers, and any Buyer's agent should be making a full disclosure to their Buyer customers in this regard as well. Obviously a time frame considerably longer than required had taken place, which not only caused the Buyer decision to cancel, but the Seller to deal with a need to resell the property after taking the property off of the marketplace during this process. The Buyer's agent made a statement assuring the Buyer of a full refund, made in error in doing so as this person should have confirmed the statement with the escrow holder, before stating there would be a full refund. Cancellation fees, such as were applied to this cancellation by the escrow holder, are not uncommon, by any stretch of the imagination, and are disclosed to both Buyer and Seller in the "General Provision" of the escrow instructions used by all escrow entities in the industry. In light of the herein response, HomeSmart Legends, or any of it's sub entities, were duly authorized to retain a cancelation fee as appropriately disclosed.
HomeSmart Legends looks forward to seeing the complaint in this matter completely answered/resolved and be cleared of any further accusation.
Initial Consumer Rebuttal /* (3000, 19, 2016/05/26) */
We are refuting the response provided by Home Smart Real Estate on 4/12. We did not directly hired the services of Home Smart Legends but Home Financing Inc. and [redacted] did.
We didn't sign for any documentation that whenever we, as buyers, elects to cancel, should be accountable for said cancellation fees. Especially that the reason for cancellation was due to an error committed by Home Financing Inc in collaboration with [redacted] Agent, [redacted].
Thus, the cancellation fees ought to be assessed or collected either from Home Financing Inc or [redacted]), or both.

Dear [redacted],We are in receipt of your letter dated 20 January 2017 wherein reference to a complaint was brought to our attention. Please know we have reached mutually agreed upon resolution with the consumer, and believe this matter is no longer an issue.As a matter of record, I would like to...

provide a few comments relative to the complaint, and the company position regarding same. The company was never under the opinion that any default, and/or improper action was taken at any time. There are two sides to every complaint, and it is worthy of note that the company investigated contractual issues, mutually executed documentation, and procedures taken, with the legal counsel of the California Association of Realtors. The company was advised by the legal team of CAR that company position was correctly taken, and further, that the company would likely prevail in the event the consumer took further action. In review of the entire situation, coupled with desire to maintain good will with both the consumer and our industry, the company submitted a simple resolution which was accepted by the consumer within a couple of hours. I believe the complaint can, and should, be closed.Thank you for your prompt attention,Regards,[redacted] "Skip" [redacted]Broker' Co-Owner