Houlihan Lawrence

Complaint # [redacted] [redacted] recognizes that [redacted] felt he was not treated properly, and, while there was no intent to deceive or mistreat [redacted] , we regret that outcome While we endeavor to scrupulously adhere to the laws of New York State, the Realtors’ Code of Ethics and the directives of our clients, so long as they violate neither the Code nor the law, we realize that sometimes misunderstandings can arise beyond our control However, we have no desire to debate the details, and wish to put this issue behind us Therefore we will assume responsibility for reimbursing [redacted] for the cost of his inspection, to wit: $ We trust this will resolve his stated concerns Unless we hear otherwise, we will forward a check to the address provided in the complaint in North Carolina Kind Regards, Lewis A [redacted] Licensed RE Associate Broker Office Manager

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me and the matter has been resolved
Sincerely,
*** ***

*** *** *** *** *** ***
*** *** *** Re: Complaint of *** *** in regard to his request
for reimbursement for his inspection fee on Canterbury that went to another buyer To the best of my knowledge below in the timing of events: The house at $Canterbury in White Plains was listed on 4/*/for $*75,000. The house had 40+ showings in a short period of timeWe went to best bids on April *offers were presented to Lynne C***, listing agent.The winning offer was submitted by Chris T*** from *** *** ***The winning offer was $400,000, 20% Cash and 80% financing. No mention was made that this was FHA financing. The inspection was scheduled nearly two weeks in advance of the accepted offer and Lynne suggested that the space between accepted offer and inspections was hours, especially when there were back up offers. Lynne suggested and was not adamant! Adamant is not part of Lynne’s dealing in real estate. In good faith after the purchase memo was sent out to the seller’s attorney with 20% down, a contract was to the buyer’s attorneyOver the following weekend, many conversations were held between the buyer’s agent, the buyer and LynneLynne learned that the financing was going to be through FHAThe amount of cash down went from 10% to 5% and then a request to *%, changing the terms of the dealNo contract was signed and no binder was paid(Yes, a memo was sent out on 4/** with the new terms of 5% down, even though the buyer’s attorney was asking for *% down.)There was an agreement between the brokers on SundayHowever, after attorney consultation later in the week after the inspection, it was decided by the sellers that an FHA loan was not in the best interests of the many heirs of the house as FHA loans were time consuming, often with second inspections and delayed closings and demands that the house be in good shapeThis property needs lots of updating and renovations which is why it was priced at $*75,000. Lynne was advised to go to the second best offer which she did which was $20,less but with better terms. I had the unpleasant task of telling *** *** that the Trustees of the estate were moving on to the next in line buyer.On the bottom of the memo’s of *** ***, there is a statement that acceptance of an offer is not binding until a written contract has been fully executed and delivered.When the request came in for return of the inspection fee and was presented to the Trustees of the Estate, I advised that the request be handled by the attorneys. The Trustees of the Estate felt they had no obligation and this was told to *** ***.*** *** and Lynne C*** had no responsibility for the return of the inspection fee. The decision was out of our hands

Complaint #[redacted]. [redacted] recognizes that [redacted] felt he was not treated properly, and, while there was no intent to deceive or mistreat [redacted], we regret that outcome.  While we endeavor to scrupulously adhere to the laws of New York State, the Realtors’ Code of Ethics and the directives of our clients, so long as they violate neither the Code nor the law, we realize that sometimes misunderstandings can arise beyond our control.  However, we have no desire to debate the details, and wish to put this issue behind us.  Therefore we will assume responsibility for reimbursing [redacted] for the cost of his inspection, to wit: $875.00.  We trust this will resolve his stated concerns.  Unless we hear otherwise, we will forward a check to the address provided in the complaint in North Carolina.  Kind Regards,   Lewis A[redacted] Licensed RE Associate Broker Office Manager

There are several inconsistencies in this response and it is clear that the person at the center of the issue did not write this response, is not privy to all the information or is clearly disingenuous.
Lynn C[redacted] made it clear that we had to move up the inspection. I made the appointment for the inspection and the company gave me a date which was the first available opening. Lynne called my agent and was adamant that we move the inspection forward stating that the period between the acceptance of the offer and the date of the inspection was too far apart. So adamant is part of Lynne's dealing and by extension [redacted].
At no point was 3% down requested. 5% was what was agreed on and Lynne C[redacted] sent an email confirming such.
At no point did Lynne C[redacted] or any other representative from [redacted] contact or communicated with [redacted] regarding the 'unpleasant task' that the Trustees were on to the next in line buyer. My agent called me to convey the news.
As an agent representing people and as a measure of integrity and good faith, Lynne C[redacted] and or [redacted] should have recommended/ advised to the Seller's Attorney, to return the inspection fee. It's a small amount in the greater scheme. Your reputation and track record must be worth more than $875.00?
You are quoting what is written at the bottom of your memo, that acceptance of an offer is not binding until a written contract has been fully executed and delivered. It's clear that [redacted] is in the real estate business selling houses and not the people business selling real estate.
If there is no resolution from the company, I would like to take this to the press and social media.
Thank you,
[redacted]
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