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Juan C H Bernal

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Juan C H Bernal Reviews (2)

Review: [redacted] showed me several apartments in February 2013. On 2/*/2013 I applied for one specific apartment at [redacted]. At this time I gave [redacted] $260 cash for the application fee and to "hold the apartment" as he stated. At this time he issued me a receipt that stated I would be refunded $200 if my application was denied and they would keep $60 for the application fee. My parents applied to be guarantors for this apartment. Their income did not meet qualifications. At this time, [redacted] requested them to "adjust" their numbers so my application would be approved. We were not willing to adjust such numbers and essentially lie about their income. [redacted] became furious at this time and harassed me verbally stating I wasted his time and he would never have gone through all this work if I wasn't going to get approved. He promised what he was asking was legal. Upon asking a lawyer, what [redacted] was requesting was against the law. During the week of February [redacted], 2013 [redacted] said he was leaving the country for 3 weeks but would refund my money as soon as he returned.[redacted] returned my phone call April [redacted], 2013 stating he didn't owe me anything and the fact he was going to refund my money was something he does not have to do and at that time he was trying to be nice since he thought I was a nice girl. I reminded him that I have a hand written document stating he would refund $200 if my application was denied and I would seek legal services if needed. He did state I could come get the money at 12pm on April [redacted] at his west side office. I politely told him I had to work and asked if there was another time/date in which we could meet. [redacted] proceed to tell me it was not his problem I could not meet at said date and time and hung up on me.I have a hand written receipt stating my deposit would be refunded if my application for an apartment at [redacted] was denied.Desired Settlement: I am seeking the refund of $200 from [redacted].

Business

Response:

I have been in the business for more than 15 years. There has never been one single complaint about me. You can check on the Internet or anywhere - not one. I'm proud of it. And I'd like to keep it that way. My record speaks for itself.

The $200 to [redacted] has already been delivered by certified mail with return receipt - a Cashier's check dated May **, 2013 (enclosed is a copy with proof she received it). The refund was never an issue. Despite the fact that she was approved based on the information and income that she wrote on her application for the apartment, she was not able to prove it. She made almost half of what she indicated - that was not enough (enclosed is a copy). She mentioned her parents would be able to guarantee the lease and that their income would be sufficient.

Based on the income that she gave us for her parents, the landlord thought that with proof of it, she could have the apartment. But on their tax return her parents didn't make enough. [redacted] stated that 2011 was not a good year, their 2012 tax return was not compete yet - but that their income would be substantially higher. I suggested she speak to her accountant or CPA and maybe get a certificate to estimate her income for 2012 and maybe that would help.

On February **,**, **, ** we were getting documents from her parents. I did not leave on the [redacted] as she insinuated.

I left on February ** (enclosed is proof). I called [redacted] from the airport, and I mentioned that I was going to be out of the country for several weeks in March. If she didn't get the apartment for one reason or another, I would give her the $200. back - even though she was approved based on her application information.

Anyway, she said it was no problem, wished me a good trip.

I did stay out of the country longer than I expected for family issues, but as soon as I came back (enclosed is proof of the day I came back), I called her and asked her to come and pick up the $200. - during business hours. I even suggested lunchtime/12 pm to make it easier for her (as she confirms in her complaint). She mentioned she couldn't make it, she worked long, long hours and she could only do it after work, 9 -10 pm. I could have worked around that, but this time she was going away. We left it that she would call me when she came back. She never did. Instead she complained to you.

In sum, [redacted] made a lot of false accusations: That I "requested that they adjust their numbers" (tax return-to cheat) that is absolutely not true. That I was very angry "harassed her verbally" - totally false. (She stated herself that I thought she was a nice girl.) That she was "wasting" my time -totally false. That I left the [redacted] of February - false; I left the [redacted] and like I said, I called her from the airport. That I was leaving the country for 3 weeks. I did mention "several" weeks.

Also when I came back, [redacted] made it very difficult for me to give her the money back - not the other way around. I also learned while I was away, in the interim - while we were trying to get her this apartment - she found another.

All these inaccurate, misleading, and false accusations are degrading - for $200. - which was never an issue in the first place. But what is most offensive is her accusation of advising them to do something illegal. ...Never happened. I do have a little accent and when I'm tired it gets stronger - it doesn't mean angry or dishonest. I find here to be a little touch of prejudice on her part...hope not.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved. However, what [redacted] stated in his response in which he "offered" to refund my money is not exactly what happened. I know there is no way to document this nor any way to prove this, but [redacted] was a very nasty man when we spoke about me getting my $200 refund. He offered me ONE TIME on a SPECIFIC date, which happened to be between working hours (12pm on a Tuesday). When I informed him I would not be able to meet him at this time I asked if there was another time and/or date in which we could meet. I wanted to resolve this issue as I did already obtain an apartment with a different polite, professional broker. What he claimed I stated about "late, long hours" is a complete lie. When he would not give me another time and/or date in which we could meet so I could get my refund I stated that I was going to seek legal action. His response to me was: "I've been in this business for over 25 years. I do not have give you back anything, you hear me? Sue me. Take me to court and I will win." After this statement he used vulgar language towards me and hung up. He never offered to send me a refund in the mail via check. He stated it was REQUIRED that I pick up the cash from him in person. However, once I filed a complaint against him, all of a sudden sending a check was not an issue.

Obviously [redacted] never intended to refund me my money, otherwise he would have tried to do so sooner. The only reason he refunded my money is because I contacted you, the Revdex.com, and filed a complaint at the New York State Realtor License board.

I sincerely thank you for solving this issue.

Sincerely,

[redacted] showed me several apartments in February 2013. On 2/*/2013 I applied for one specific apartment at [redacted]. At this time I gave [redacted] $260 cash for the application fee and to "hold the apartment" as he stated. At this time he issued me a receipt that stated I would be refunded $200 if my application was denied and they would keep $60 for the application fee. My parents applied to be guarantors for this apartment. Their income did not meet qualifications. At this time, [redacted] requested them to "adjust" their numbers so my application would be approved. We were not willing to adjust such numbers and essentially lie about their income. [redacted] became furious at this time and harassed me verbally stating I wasted his time and he would never have gone through all this work if I wasn't going to get approved. He promised what he was asking was legal. Upon asking a lawyer, what [redacted] was requesting was against the law. During the week of February [redacted], 2013 [redacted] said he was leaving the country for 3 weeks but would refund my money as soon as he returned.[redacted] returned my phone call April [redacted], 2013 stating he didn't owe me anything and the fact he was going to refund my money was something he does not have to do and at that time he was trying to be nice since he thought I was a nice girl. I reminded him that I have a hand written document stating he would refund $200 if my application was denied and I would seek legal services if needed. He did state I could come get the money at 12pm on April [redacted] at his west side office. I politely told him I had to work and asked if there was another time/date in which we could meet. [redacted] proceed to tell me it was not his problem I could not meet at said date and time and hung up on me.I have a hand written receipt stating my deposit would be refunded if my application for an apartment at [redacted] was denied.

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Description: REAL ESTATE RENTAL SERVICE

Address: 101 West 85 Street Apt 36, New York, New York, United States, 10024

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