Homesmart Realty West

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below When we did our first offer it becomes a NEW contract and a NEW agreement, they can't claim that the deal was since Oct It could have been with the same Real Estate Agent fro the previous buyer but we have the agreement as of Nov Also after our Attorney review the documentation, the Seller did not provided us with a Notice to Close Escrow, nor a Notice to Buyer to Perform (they state in the response they did, and do not attached proof nor documentation) Escrow did not follow the procedure by sending a CERTIFIED NOTICE to us the buyers on closing the Escrow Account and disbursing the funds to the Seller We are seeking our deposit back Regards, [redacted]

We have received the following responses that include emails between [redacted] and other parties to document a timeline and activities during the transaction.  It is her ([redacted]) position that the complainant (buyer) was misrepresented by his own agent during this...

transaction. 
[redacted]
Here is the very 1st notice to perform that was sent to [redacted] 4 days after he submitted the SECOND offer on the home (the one attached on Revdex.com). Along with the email below which he never ever responded to.
One major factor is that [redacted] started the first transaction on this property October [redacted], 2013 (I sent you that contract and email already). We had an opened escrow with another buyer. This property was tied up since October
Did you notice the contract was for a 10day close?
The conclusion of this is the poor and unfortunate advise on behalf of the buyers agent representing his buyer AND himself as an investor on the same deal. I have a feeling that [redacted] was as dishonest to his buyer as he was to us.
The Best,
 
[redacted]
Home Smart Realty
www.Sellingyourhomesmart.com
----- Forwarded Message -----
From: [redacted] D. [redacted] <[redacted]@yahoo.com>
To: "[redacted][email protected]" <[redacted][email protected]>
Sent: Thursday, November 7, 2013 4:21 PM
Subject: Re: NTP
[redacted]
 
My sellers asked me to send over the following. I understand you are buying time because of the loan however my sellers want to pull out because they do not feel very secure. Thank you for your time.
 
The Best,
 
[redacted]
BRE LIC#[redacted]
Home Smart Realty
http://www.sellingyourhomesmart.com/
[redacted] please see email and the attachments. Again he ignored me. And I believe now [redacted] he didn't want to show his buyer the 2 NTP and demand for escrow close. I will attach all 3 of them for you. The only one he showed his buyer I bet was the one from escrow. Which we were way over contract close. Which escrow informed me technically we were out of contract and he breached.
After the close of Coronado with our new buyer they are navy seal and went VA. So we had to pay for termite of 1,200 and 2,000 dollars worth of last minute emergency electrical contractor work in order to close that was on the inspection report in addition to these cost:
Taxes + late fees =$480.00
Water= 120.00
SDGE= 60
Landscaper= 75.00
Interest of 6% and penalties after Dec 1st, 2013 on $675,000.= were over 5k Due to the account the owner was in.
After speaking with a real-estate attorney she mentioned more stuff. Unfortunately [redacted] is not aware of any of this. I wish you could show him all this and tell him. My sellers being a corporation would only be able to get 5k out of small claims not the 8k in escrow that was a NON-refundable deposit SEE ATTACHED. Since my buyers have lost over 8k they stated not to bother going to mediation or small claims seeing as how they would still be out. As it stands [redacted] owes my buyers about 9k. [redacted] didn't even sign the counter offer #3 stating it would be 8k instead of 3% EMD. See attached. That is how messy he was of a realtor. Bad!! Very bad.
The Best,
 
[redacted]
BRE LIC#[redacted]
Home Smart Realty
www.Sellingyourhomesmart.com
----- Forwarded Message -----
From: [redacted] D. [redacted] <[redacted]@yahoo.com>
To: [redacted] <[redacted]@title365.com>
Sent: Monday, December 2, 2013 11:29 AM
Subject: Re: Signed escrow papers//Coronado 1221 [redacted] ave
Thank you. I am sending [redacted] a NTP right now.
 
The Best,
 
[redacted]
BRE LIC#[redacted]
Home Smart Realty
http://www.sellingyourhomesmart.com/
From: [redacted] <[redacted]@title365.com>
To: [redacted] D. [redacted] <[redacted]@Yahoo.com>
Sent: Monday, December 2, 2013 10:32 AM
Subject: RE: Signed escrow papers//Coronado 1221 [redacted] ave
Ok, I will double check with [redacted].
Also, I only received the EI from [redacted]. I am still missing the rest of the paperwork (SI, PCOR, PR approval, termite clearance). I am also still waiting to find out who the lender is?
 
 
 
[redacted] Corado  |  Escrow Officer
 
Office : 877.365.9365   Direct : 619-564-5613   Efax : 855-589-8571
Email : [redacted]@title365.com  
Title365 : 8880 Rio San Diego Dr, Ste 102  |  San Diego  |  CA 92108  |  http://www.title365.com
 
<image001.png> : http://www.facebook.com/title365   <image002.png> : http://twitter.com/title365
 
<image003.jpg>
 
From: [redacted] D. [redacted] [mailto:[redacted]@yahoo.com]
Sent: Monday, December 02, 2013 10:26 AM
To: [redacted] Corado
Subject: Signed escrow papers//Coronado 1221 [redacted] ave
 
  Good Morning [redacted]
 
Attached you will find the sellers signature for the buyers escrow paper work. Also the signed commission instructions. I noticed [redacted] has copied you on the email he sent me late Wed. night with his completed paper work. So these 2 items should make up the completed paper work. Please let me know what he is missing and where we are at as of today.
 
My sellers have run out of patience's and over this weekend we have found a cash buyer close in 2 weeks. So please let me know where we are at. 
 
One last important thing [redacted] the seller looked over her closing paper work for the last transaction for Frobisher rd and found a discount on it. She wants to know what it was for BECAUSE she recalls [redacted] stating that she gives her investors a small discount?? Please look into this please so I am able to get back to her ([redacted]). We purchased Frobisher at auction and sold it using you guys. So there was no previous purchase using a seller. That is why im trying to figure out the discount. Thank you for all your help.
 
 
The Best,
 
[redacted]
BRE LIC#[redacted]
Home Smart Realty
http://www.sellingyourhomesmart.com/
Attention: This e-mail message is privileged and confidential. If you are not the intended recipient please delete the message and notify the sender. Any views or opinions presented are solely those of the author.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
When we did our first offer it becomes a NEW contract and a NEW agreement, they can't claim that the deal was since Oct.
It could have been with the same Real Estate Agent fro the previous buyer but we have the agreement as of Nov. 2013
Also after our Attorney review the documentation, the Seller did not provided us with a Notice to Close Escrow, nor a Notice to Buyer to Perform (they state in the response they did, and do not attached proof nor documentation). 
Escrow did not follow the procedure by sending a CERTIFIED NOTICE to us the buyers on closing the Escrow Account and disbursing the funds to the Seller
We are seeking our deposit back
Regards,
[redacted]

Review: On Nov. [redacted], 2013 I Signed an offer to purchase a property located on [redacted] Coronado, CA. under [redacted] company that I owned.On Nov, 6th, 2013 I gave them a check for $ 8,000 as deposit for the propertyAfter several weeks of working with lender, escrow companyOn Dec 13th, 2013 We received a notice from Escrow Company that the deal was being canceled and that the deposit should be return to the SELLERWe as the BUYERS never received a proper NOTICE TO PERFORM or a cancelation notice giving us 2 days to comply. Regardless of that they still kept our deposit.On Jan 2nd, 2014 they contact our Real Estate Agent asking him if we where going to sign the escrow documents.That same day a DEEP was registered in the county of San Diego for the same property for another buyer paying the same price that we had offeredOn Jan 18th we send a Demand/Request to mediate nothing happen just an acknowledgement of received On Jan 31st again we send a Demand/Request to mediate nothing happen just an acknowledgement of receivedBy sending the notices we did follow the purchase agreementWe are requesting full restitution of Deposit due to:a. Canceling a residential purchase agreement UNILATERALY with out following proper procedures as stated on the contract section 14.C.1/2&3b. The preceding sell was for the same amount causing no detriment on sellers income or assetsDesired Settlement: We are requesting full restitution of Deposit due to:a. Canceling a residential purchase agreement UNILATERALY with out following proper procedures as stated on the contract section 14.C.1/2&3b. The preceding sell was for the same amount causing no detriment on sellers income or assets

Business

Response:

We have received the following responses that include emails between [redacted] and other parties to document a timeline and activities during the transaction. It is her ([redacted]) position that the complainant (buyer) was misrepresented by his own agent during this transaction.

Here is the very 1st notice to perform that was sent to [redacted] 4 days after he submitted the SECOND offer on the home (the one attached on Revdex.com). Along with the email below which he never ever responded to.

One major factor is that [redacted] started the first transaction on this property October [redacted], 2013 (I sent you that contract and email already). We had an opened escrow with another buyer. This property was tied up since October

Did you notice the contract was for a 10day close?

The conclusion of this is the poor and unfortunate advise on behalf of the buyers agent representing his buyer AND himself as an investor on the same deal. I have a feeling that [redacted] was as dishonest to his buyer as he was to us.

The Best,

Home Smart Realty

www.Sellingyourhomesmart.com

----- Forwarded Message -----

From: [redacted] D. [redacted] <[redacted]@yahoo.com>

To: "[redacted][email protected]" <[redacted][email protected]>

Sent: Thursday, November 7, 2013 4:21 PM

Subject: Re: NTP

My sellers asked me to send over the following. I understand you are buying time because of the loan however my sellers want to pull out because they do not feel very secure. Thank you for your time.

The Best,

BRE LIC#[redacted]

Home Smart Realty

http://www.sellingyourhomesmart.com/

[redacted] please see email and the attachments. Again he ignored me. And I believe now [redacted] he didn't want to show his buyer the 2 NTP and demand for escrow close. I will attach all 3 of them for you. The only one he showed his buyer I bet was the one from escrow. Which we were way over contract close. Which escrow informed me technically we were out of contract and he breached.

After the close of Coronado with our new buyer they are navy seal and went VA. So we had to pay for termite of 1,200 and 2,000 dollars worth of last minute emergency electrical contractor work in order to close that was on the inspection report in addition to these cost:

Taxes + late fees =$480.00

Water= 120.00

SDGE= 60

Landscaper= 75.00

Interest of 6% and penalties after Dec 1st, 2013 on $675,000.= were over 5k Due to the account the owner was in.

After speaking with a real-estate attorney she mentioned more stuff. Unfortunately [redacted] is not aware of any of this. I wish you could show him all this and tell him. My sellers being a corporation would only be able to get 5k out of small claims not the 8k in escrow that was a NON-refundable deposit SEE ATTACHED. Since my buyers have lost over 8k they stated not to bother going to mediation or small claims seeing as how they would still be out. As it stands [redacted] owes my buyers about 9k. [redacted] didn't even sign the counter offer #3 stating it would be 8k instead of 3% EMD. See attached. That is how messy he was of a realtor. Bad!! Very bad.

The Best,

BRE LIC#[redacted]

Home Smart Realty

www.Sellingyourhomesmart.com

----- Forwarded Message -----

From: [redacted] D. [redacted] <[redacted]@yahoo.com>

To: [redacted] <[redacted]@title365.com>

Sent: Monday, December 2, 2013 11:29 AM

Subject: Re: Signed escrow papers//Coronado 1221 [redacted] ave

Thank you. I am sending [redacted] a NTP right now.

The Best,

BRE LIC#[redacted]

Home Smart Realty

http://www.sellingyourhomesmart.com/

From: [redacted] <[redacted]@title365.com>

To: [redacted] D. [redacted] <[redacted]@Yahoo.com>

Sent: Monday, December 2, 2013 10:32 AM

Subject: RE: Signed escrow papers//Coronado 1221 [redacted] ave

Ok, I will double check with [redacted].

Also, I only received the EI from [redacted]. I am still missing the rest of the paperwork (SI, PCOR, PR approval, termite clearance). I am also still waiting to find out who the lender is?

[redacted] Corado | Escrow Officer

Office : 877.365.9365 Direct : 619-564-5613 Efax : 855-589-8571

Email : [redacted]@title365.com

Title365 : 8880 Rio San Diego Dr, Ste 102 | San Diego | CA 92108 | http://www.title365.com

<image001.png> : http://www.facebook.com/title365 <image002.png> : http://twitter.com/title365

<image003.jpg>

From: [redacted] D. [redacted] [mailto:[redacted]@yahoo.com]

Sent: Monday, December 02, 2013 10:26 AM

To: [redacted] Corado

Subject: Signed escrow papers//Coronado 1221 [redacted] ave

Good Morning [redacted]

Attached you will find the sellers signature for the buyers escrow paper work. Also the signed commission instructions. I noticed [redacted] has copied you on the email he sent me late Wed. night with his completed paper work. So these 2 items should make up the completed paper work. Please let me know what he is missing and where we are at as of today.

My sellers have run out of patience's and over this weekend we have found a cash buyer close in 2 weeks. So please let me know where we are at.

One last important thing [redacted] the seller looked over her closing paper work for the last transaction for Frobisher rd and found a discount on it. She wants to know what it was for BECAUSE she recalls [redacted] stating that she gives her investors a small discount?? Please look into this please so I am able to get back to her ([redacted]). We purchased Frobisher at auction and sold it using you guys. So there was no previous purchase using a seller. That is why im trying to figure out the discount. Thank you for all your help.

The Best,

BRE LIC#[redacted]

Home Smart Realty

http://www.sellingyourhomesmart.com/

Attention: This e-mail message is privileged and confidential. If you are not the intended recipient please delete the message and notify the sender. Any views or opinions presented are solely those of the author.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

When we did our first offer it becomes a NEW contract and a NEW agreement, they can't claim that the deal was since Oct.

It could have been with the same Real Estate Agent fro the previous buyer but we have the agreement as of Nov. 2013

Also after our Attorney review the documentation, the Seller did not provided us with a Notice to Close Escrow, nor a Notice to Buyer to Perform (they state in the response they did, and do not attached proof nor documentation).

Escrow did not follow the procedure by sending a CERTIFIED NOTICE to us the buyers on closing the Escrow Account and disbursing the funds to the Seller

We are seeking our deposit back

Regards,