ATTN: [redacted] ID: [redacted] Attached is Mr [redacted] ***'s response to the complaint as well as several e-mails pertaining to the situation.Based on this information, Caldwell Banker [redacted] , REALTORS® will not be refunding the $requested by Mr [redacted] .Should you have any questions, do not hesitate to call me
We conduct occupied property evaluations on the owner's behalfWe take photos and write a report that owners have full access toThe first evaluation in October of found two dogs within the propertyA lease violation was sent to the tenantsAfter speaking with the tenant she assured us that the dogs were not hers and she was "pet sitting"We made her aware that the lease does not allow this and that there should not ever be any pets at the property moving forwardThe tenant agreed to itThe owner was made aware of the two dogs found and was also informed of the steps that we took to remedy the situationThe next evaluation was performed in March of and during this evaluation no pets were found therefor Coldwell Banker was never aware that the tenant had kept the first pets found nor any othersHad we been aware of this we would have sent another lease violation and the tenant would have been held to everything we are able to do within the lease agreementThe tenant's first, one year lease agreement expired in February of and, per the owner's approval, the lease was renewedOur next evaluation of the property was performed in May of and no pets were foundThe final evaluation was in March of when the tenant was supposed to have already vacated the home and dog(s) was found during this timeThe owner was present for this evaluation The owner allowed us to agree to a one month extension of the lease for these tenants to find a new property to move intoThere were not any personal relationships between the tenant(s) and any employees with Coldwell BankerA proper credit and background check was performed during the application processThe applicant met our rental criteria therefor were approved to live in this property It is our belief that we fulfilled the duties we were hired to and kept the owner well informed via emails as well as phone calls as to the status of her property
The complaint has been reviewed by the Agent, [redacted] and Sales Manager, [redacted] *** The listing agent and [redacted] were in communication about the client bumping a wax pot spilled on a foyer table the day of the showing The agent attempted to offer repair for the damage and had cleaned the surface to the best of their ability Other items that were damaged occcurred with prior Realtors on prior showings After multiple request to agent and to owner the agent was not provided photos of the damaged table top The owner texted she did not want just anyone come out and fix her table because she did not trust anyone to touch her things The agent thought she did not want our assistance any further with this matter
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution is satisfactory to me Dear [redacted] :We have received contact from the merchantWe believe the defects found in the home went unreported to the merchantWe are very satisfied with the outcome once the merchant became aware of our concerns and the reality of the problemsThey immediately offered to repair the home, or relocate usThey have been fair and swift in the relocation processWe would like to terminate our claim against the merchant at this timeWe consider the matter resolved.Teresa & Vernon Pilloff Regards, [redacted]
The lease renewal was executed at the end of July with the change in rent effective September 2107. The tenant portal through which rent payments are made is under the control solely by the tenant, who is responsible for changing the amount due for rent, the effective date of the lease, and
the termination date of the lease. No one in the property management department has access to the tenant portal or the ability to make changes to the information regarding rents or dates. Therefore, any discrepancies in rent amounts, due dates, or lease dates are controlled only by the tenant. The tenant was charged for fees for late rent and fees associated with filing the Notice to Quit. To date, the tenant has paid most of those fees with only $remaining as charges on her account. The Property Manager has contacted the tenant to explain the fee schedule and clarify the steps needed to correct the information on the tenant portal, with apologies for any breakdown in communication. It is anticipated that these issues will be avoided in the future
We have spoken with Mr& Mrs*** *** at lengthTheir property manager was able to speak with Mrs*** *** yesterday, July 7thIt was explained that the *** ***'s have a tenant portal in which only they can accessThey set the monthly rent payments to be recurring which requires
a start date for payment and an end dateUnfortunately, the date that the Campillos typed into their account had expiredThe portal account should have been logged into and altered in order for July rent to have been received on timeThe *** ***s did pay the late fee. Today we spoke with Mr*** *** and he did understand why we had charged but that he believes it should be our responsibility to send them a reminderThat is not something we are able to do at this timeWe let Mr*** *** know that I was very sorry but we couldn't reverse this late fee as our policy indicates that we only reverse one late feeWe have reversed a late fee previously
The tenants were not charged for the damage to the wood laminate flooring that was caused by a water leak They were assessed charges for damage to the flooring in the kitchen, dining area, and hallway that was above and beyond fair wear and tear This damage was progressive and shown in
the inspection photos taken prior to the tenants taking possession of the property, during the tenants' occupancy period, and the move-out inspection Photos of the progressive damage were provided to the tenants at the time the charges were disputed
CBDHR Property Management performed our visual evaluation of the property on April 30, which is videoed and heavily photographedThis video is a baseline to record the condition in which the property is given to us to manageThe property was not found to be in "great condition" nor clean as
well as smelled heavily of cigarette smokeIn order to make the property ready for the tenants move in we placed a work order for the following: “the interior of the kitchen drawers need to be wiped down, replace a couple of missing or burnt out light bulbs, remove food/drinks left inside the fridge and clean fridge/freezerA few window sills have dead bugs and could be wiped downRemove a pill box and a wooden table left on the back patio along with a drinking glass left on the electric box in the back yardAdd an a/c filter (missing), remove sweater that is hanging on bathroom door, interior of master bathroom cabinets needs to be cleaned out and some gum stuck to the tile on the bathroom floorMaster bath and shower need to be cleaned, replace broken towel bar above master tub, remove personal items left in cabinet above master toilet, replace another missing towel bar in the toilet roomWe will also need to reattach the outlet cover that is coming off in the kitchen, replace a light that is under the cabinets in the kitchen one is burnt outRemove the hangers that were left behind in the master closet and one of the secondary bedroom closets. Remove sticks off bedroom #walls (as long as the paint does not peel off), clean secondary bathroom, caulk around the soap holder in the tub it is starting to come off” We have provided the owner full photos and video as proof of this again as the first tenant's Inventory & Condition form filled out upon their move in In the year we had the cleaning performed, a re-key of the property per Texas Property Code and the carpets professionally cleaned & ozone machines placed in order to rid the smell of cigarette smokeAll of these items contributed to a lesser rent proceeds payment to the owner In January of the tenant called in a work order which was the responsibility of the owner to repairThe costs of that necessary repair also contributed to the lesser rental proceeds received by the ownerThe owner was informed of this work order prior to it being placedAlso in January we were provided with Military orders by the tenantThey did not break their lease but were allowed out of the lease due to those Military ordersWe were provided the appropriate documentation of this and because the Texas Association of Realtors lease has a Military clause, they were excused from their lease agreementRent was due and paid through February of We had a new tenant in March The management agreement signed between CBDHR and the owner agrees to a leasing fee when a new tenant is found for the propertyAnother re-key had to be performed for this new tenant due to Texas Property Code rulesThe property was cleaned and that cost was deducted from the former tenants deposit thus not effecting the ownerI have reviewed all invoices and the owner’s account and cannot locate any charges at or near $for the lawnThese current tenants have called in work orders that have been necessary to repair including a stove burner not working, the dishwasher leaking, the garbage disposal not working, the garage door not closing properly, the dryer being clogged due to a bird making a nest inside the vent and most recently the Air Conditioner not coolingThe owner was made aware, via email, of each of these repair prior to them being placed with a vendor CBDHR Property Management is transparent and ethical companyCBDHR sends out monthly statements to owners as well as end of year statements that include that year's invoicesAll of these are available on the owner’s portal and we have also sent the owner another copy of all invoices that have occurred during our management
Complaint: ***
I am rejecting this response because: Ms*** statement, "the buyer never mentioned anything about the foundation during the purchasing process," is 100% incorrect.
Regards,
*** ***
CBDHR has explained via email to the owner that per Texas Property Code the security deposit disposition must be completed within daysCharges for cleaning and damages will be charged to the tenant and the owner will receive the funds This will be done within the next two weeks
CBDHR is not responsible for conducting any repairs because the owner move management to any other company
Complaint: ***
I am rejecting this response because: The facts are incorrectThe seller and the realtor violated Texas real estate lawEnclosed is a copy of the sellers disclosure that I used to determine if this property was worth my investment of an inspectorIn the seller's disclosure there is NO MENTION of roof repairBy law the seller AND the realtor have a legal obligation to disclose any known repairsIt wasn't until AFTER I paid the inspector *** *** to inspect the property and the inspector noted roof damage that was a temporary fix did the seller and agent disclose previous roof repairEnclosed is the sellers disclosure as well as the roof report and I am including a portion of email from my realtor also following this text block.Hi ***,Documents enclosed; Roof Estimate and Seller's Disclosure that confirms that they knew of previous roof repairs/problems in 2013.Seller did not *** section under the SD to disclose" Previous Roof Repairs." SD Form (TAR -.) According to the Texas Deceptive Trade Practices Act or DTPA and the Texas Real Estate License Act; "Agents and Brokers are required to disclose to potential purchasers any latent structural defects or other defects known to the broker or salesperson." "The Agent and Broker have the independent duty under the law to disclose any potential defect concerning the property."
Regards,
*** *** ***
Complaint: [redacted]
I am rejecting this response because: These charges should not stand and company has not tried to resolve issue.
Regards,
[redacted]
Complaint: [redacted]
I am rejecting this response because: Mr. [redacted] and his client broke Texas real estate law. Refusing to talk about the matter does not change the facts or circumstances behind the violation. Nothing has changed. Coldwell banker and their client did willfully fail to disclose roof repairs on their sellers disclosure for the property listed. Acting on the good faith of that sellers disclosure the home inspection yielded evidence of damage to the roof. When the seller was contacted the seller admitted that the roof had indeed been damaged in a hail storm and some form of repair had been attempted. By not disclosing previous damage to the property the seller and Coldwell banker committed fraud. I would not have invested the money in a home inspector had I known the roof had previous damage. The facts are the same as previously disclosed. I am still requesting that Coldwell banker and their client refund my home inspection fee.
[redacted]
CBDHR has a signed contract with this owner to secure a tenant for her property. While there was a spelling error in the MLS once this was brought to our attention we immediately corrected the error. Addendum have been provided to the owner. The addendum would have been signed by...
the tenant had the tenant come to our office for their move in. The owner went behind our back and spoke with the tenant and gave different move in instructions. The owner also instructed the tenant to pay her directly and this is against our procedures. I believe the reason the owner did this was to try to not pay for the services CBDHR delivered in full. CBDHR has earned the fee we are charging. Yes, we have explained in an email to the owner that CBDHR will take legal action if we do not receive the funds do to use by July 10th.
[redacted] Dispute Resolution Specialist ID: [redacted] Attached is our documentation and statement from [redacted]. When a Sales Associate takes a contract on a listing, the Seller by law is to complete a Sellers Disclosure. This document is to communicate to the public the...
condition of the property. The Sales Associate can only rely on what the Seller puts on the document. The Sales Associate is not a certified Inspector concerning any part of the property, i.e. electrical, plumbing, foundation or roofing. As Ms. [redacted] mentioned in her statement, the buyer never mentioned anything about the foundation during the purchasing process. However, the purchaser did call [redacted] a year after the property closed. They briefly discussed the situation but apparently the purchaser never took any action. We regret that the purchaser has had this problem but the issue should be addressed with the Seller who did not disclose foundation issue. Please don't hesitate to contact me if you have any questions Best Regards [redacted] Executive Vice President Residential Sales [redacted]
Complaint: [redacted] I am rejecting this response because: I can confidently say that the charges should not have been applied Regards, [redacted]
ATTN: [redacted] ID: [redacted] Attached is Mr [redacted] ***'s response to the complaint as well as several e-mails pertaining to the situation.Based on this information, Caldwell Banker [redacted] , REALTORS® will not be refunding the $requested by Mr [redacted] .Should you have any questions, do not hesitate to call me
We conduct occupied property evaluations on the owner's behalfWe take photos and write a report that owners have full access toThe first evaluation in October of found two dogs within the propertyA lease violation was sent to the tenantsAfter speaking with the tenant she assured us that the dogs were not hers and she was "pet sitting"We made her aware that the lease does not allow this and that there should not ever be any pets at the property moving forwardThe tenant agreed to itThe owner was made aware of the two dogs found and was also informed of the steps that we took to remedy the situationThe next evaluation was performed in March of and during this evaluation no pets were found therefor Coldwell Banker was never aware that the tenant had kept the first pets found nor any othersHad we been aware of this we would have sent another lease violation and the tenant would have been held to everything we are able to do within the lease agreementThe tenant's first, one year lease agreement expired in February of and, per the owner's approval, the lease was renewedOur next evaluation of the property was performed in May of and no pets were foundThe final evaluation was in March of when the tenant was supposed to have already vacated the home and dog(s) was found during this timeThe owner was present for this evaluation The owner allowed us to agree to a one month extension of the lease for these tenants to find a new property to move intoThere were not any personal relationships between the tenant(s) and any employees with Coldwell BankerA proper credit and background check was performed during the application processThe applicant met our rental criteria therefor were approved to live in this property It is our belief that we fulfilled the duties we were hired to and kept the owner well informed via emails as well as phone calls as to the status of her property
The complaint has been reviewed by the Agent, [redacted] and Sales Manager, [redacted] *** The listing agent and [redacted] were in communication about the client bumping a wax pot spilled on a foyer table the day of the showing The agent attempted to offer repair for the damage and had cleaned the surface to the best of their ability Other items that were damaged occcurred with prior Realtors on prior showings After multiple request to agent and to owner the agent was not provided photos of the damaged table top The owner texted she did not want just anyone come out and fix her table because she did not trust anyone to touch her things The agent thought she did not want our assistance any further with this matter
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution is satisfactory to me Dear [redacted] :We have received contact from the merchantWe believe the defects found in the home went unreported to the merchantWe are very satisfied with the outcome once the merchant became aware of our concerns and the reality of the problemsThey immediately offered to repair the home, or relocate usThey have been fair and swift in the relocation processWe would like to terminate our claim against the merchant at this timeWe consider the matter resolved.Teresa & Vernon Pilloff Regards, [redacted]
The lease renewal was executed at the end of July with the change in rent effective September 2107. The tenant portal through which rent payments are made is under the control solely by the tenant, who is responsible for changing the amount due for rent, the effective date of the lease, and
the termination date of the lease. No one in the property management department has access to the tenant portal or the ability to make changes to the information regarding rents or dates. Therefore, any discrepancies in rent amounts, due dates, or lease dates are controlled only by the tenant. The tenant was charged for fees for late rent and fees associated with filing the Notice to Quit. To date, the tenant has paid most of those fees with only $remaining as charges on her account. The Property Manager has contacted the tenant to explain the fee schedule and clarify the steps needed to correct the information on the tenant portal, with apologies for any breakdown in communication. It is anticipated that these issues will be avoided in the future
I will not be responded to his counter presentation nor any other comments
We have spoken with Mr& Mrs*** *** at lengthTheir property manager was able to speak with Mrs*** *** yesterday, July 7thIt was explained that the *** ***'s have a tenant portal in which only they can accessThey set the monthly rent payments to be recurring which requires
a start date for payment and an end dateUnfortunately, the date that the Campillos typed into their account had expiredThe portal account should have been logged into and altered in order for July rent to have been received on timeThe *** ***s did pay the late fee. Today we spoke with Mr*** *** and he did understand why we had charged but that he believes it should be our responsibility to send them a reminderThat is not something we are able to do at this timeWe let Mr*** *** know that I was very sorry but we couldn't reverse this late fee as our policy indicates that we only reverse one late feeWe have reversed a late fee previously
The tenants were not charged for the damage to the wood laminate flooring that was caused by a water leak They were assessed charges for damage to the flooring in the kitchen, dining area, and hallway that was above and beyond fair wear and tear This damage was progressive and shown in
the inspection photos taken prior to the tenants taking possession of the property, during the tenants' occupancy period, and the move-out inspection Photos of the progressive damage were provided to the tenants at the time the charges were disputed
CBDHR Property Management performed our visual evaluation of the property on April 30, which is videoed and heavily photographedThis video is a baseline to record the condition in which the property is given to us to manageThe property was not found to be in "great condition" nor clean as
well as smelled heavily of cigarette smokeIn order to make the property ready for the tenants move in we placed a work order for the following: “the interior of the kitchen drawers need to be wiped down, replace a couple of missing or burnt out light bulbs, remove food/drinks left inside the fridge and clean fridge/freezerA few window sills have dead bugs and could be wiped downRemove a pill box and a wooden table left on the back patio along with a drinking glass left on the electric box in the back yardAdd an a/c filter (missing), remove sweater that is hanging on bathroom door, interior of master bathroom cabinets needs to be cleaned out and some gum stuck to the tile on the bathroom floorMaster bath and shower need to be cleaned, replace broken towel bar above master tub, remove personal items left in cabinet above master toilet, replace another missing towel bar in the toilet roomWe will also need to reattach the outlet cover that is coming off in the kitchen, replace a light that is under the cabinets in the kitchen one is burnt outRemove the hangers that were left behind in the master closet and one of the secondary bedroom closets. Remove sticks off bedroom #walls (as long as the paint does not peel off), clean secondary bathroom, caulk around the soap holder in the tub it is starting to come off” We have provided the owner full photos and video as proof of this again as the first tenant's Inventory & Condition form filled out upon their move in In the year we had the cleaning performed, a re-key of the property per Texas Property Code and the carpets professionally cleaned & ozone machines placed in order to rid the smell of cigarette smokeAll of these items contributed to a lesser rent proceeds payment to the owner In January of the tenant called in a work order which was the responsibility of the owner to repairThe costs of that necessary repair also contributed to the lesser rental proceeds received by the ownerThe owner was informed of this work order prior to it being placedAlso in January we were provided with Military orders by the tenantThey did not break their lease but were allowed out of the lease due to those Military ordersWe were provided the appropriate documentation of this and because the Texas Association of Realtors lease has a Military clause, they were excused from their lease agreementRent was due and paid through February of We had a new tenant in March The management agreement signed between CBDHR and the owner agrees to a leasing fee when a new tenant is found for the propertyAnother re-key had to be performed for this new tenant due to Texas Property Code rulesThe property was cleaned and that cost was deducted from the former tenants deposit thus not effecting the ownerI have reviewed all invoices and the owner’s account and cannot locate any charges at or near $for the lawnThese current tenants have called in work orders that have been necessary to repair including a stove burner not working, the dishwasher leaking, the garbage disposal not working, the garage door not closing properly, the dryer being clogged due to a bird making a nest inside the vent and most recently the Air Conditioner not coolingThe owner was made aware, via email, of each of these repair prior to them being placed with a vendor CBDHR Property Management is transparent and ethical companyCBDHR sends out monthly statements to owners as well as end of year statements that include that year's invoicesAll of these are available on the owner’s portal and we have also sent the owner another copy of all invoices that have occurred during our management
Complaint: ***
I am rejecting this response because: Ms*** statement, "the buyer never mentioned anything about the foundation during the purchasing process," is 100% incorrect.
Regards,
*** ***
charges stand
CBDHR has no further comment
CBDHR has explained via email to the owner that per Texas Property Code the security deposit disposition must be completed within daysCharges for cleaning and damages will be charged to the tenant and the owner will receive the funds This will be done within the next two weeks
CBDHR is not responsible for conducting any repairs because the owner move management to any other company
Complaint: ***
I am rejecting this response because: The facts are incorrectThe seller and the realtor violated Texas real estate lawEnclosed is a copy of the sellers disclosure that I used to determine if this property was worth my investment of an inspectorIn the seller's disclosure there is NO MENTION of roof repairBy law the seller AND the realtor have a legal obligation to disclose any known repairsIt wasn't until AFTER I paid the inspector *** *** to inspect the property and the inspector noted roof damage that was a temporary fix did the seller and agent disclose previous roof repairEnclosed is the sellers disclosure as well as the roof report and I am including a portion of email from my realtor also following this text block.Hi ***,Documents enclosed; Roof Estimate and Seller's Disclosure that confirms that they knew of previous roof repairs/problems in 2013.Seller did not *** section under the SD to disclose" Previous Roof Repairs." SD Form (TAR -.) According to the Texas Deceptive Trade Practices Act or DTPA and the Texas Real Estate License Act; "Agents and Brokers are required to disclose to potential purchasers any latent structural defects or other defects known to the broker or salesperson." "The Agent and Broker have the independent duty under the law to disclose any potential defect concerning the property."
Regards,
*** *** ***
Complaint: [redacted]
I am rejecting this response because: These charges should not stand and company has not tried to resolve issue.
Regards,
[redacted]
Complaint: [redacted]
I am rejecting this response because: Mr. [redacted] and his client broke Texas real estate law. Refusing to talk about the matter does not change the facts or circumstances behind the violation. Nothing has changed. Coldwell banker and their client did willfully fail to disclose roof repairs on their sellers disclosure for the property listed. Acting on the good faith of that sellers disclosure the home inspection yielded evidence of damage to the roof. When the seller was contacted the seller admitted that the roof had indeed been damaged in a hail storm and some form of repair had been attempted. By not disclosing previous damage to the property the seller and Coldwell banker committed fraud. I would not have invested the money in a home inspector had I known the roof had previous damage. The facts are the same as previously disclosed. I am still requesting that Coldwell banker and their client refund my home inspection fee.
[redacted]
Complaint: [redacted]
I am rejecting this response because: I can confidently say that the charges should not have been applied.
Regards,
[redacted]
CBDHR has a signed contract with this owner to secure a tenant for her property. While there was a spelling error in the MLS once this was brought to our attention we immediately corrected the error. Addendum have been provided to the owner. The addendum would have been signed by...
the tenant had the tenant come to our office for their move in. The owner went behind our back and spoke with the tenant and gave different move in instructions. The owner also instructed the tenant to pay her directly and this is against our procedures. I believe the reason the owner did this was to try to not pay for the services CBDHR delivered in full. CBDHR has earned the fee we are charging. Yes, we have explained in an email to the owner that CBDHR will take legal action if we do not receive the funds do to use by July 10th.
[redacted] Dispute Resolution Specialist ID: [redacted] Attached is our documentation and statement from [redacted]. When a Sales Associate takes a contract on a listing, the Seller by law is to complete a Sellers Disclosure. This document is to communicate to the public the...
condition of the property. The Sales Associate can only rely on what the Seller puts on the document. The Sales Associate is not a certified Inspector concerning any part of the property, i.e. electrical, plumbing, foundation or roofing. As Ms. [redacted] mentioned in her statement, the buyer never mentioned anything about the foundation during the purchasing process. However, the purchaser did call [redacted] a year after the property closed. They briefly discussed the situation but apparently the purchaser never took any action. We regret that the purchaser has had this problem but the issue should be addressed with the Seller who did not disclose foundation issue. Please don't hesitate to contact me if you have any questions Best Regards [redacted] Executive Vice President Residential Sales [redacted]