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Kenco Communities Realty

902 Clint Moore Rd STE 202, Boca Raton, Florida, United States, 33487-2828

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Kenco Communities Realty Reviews (%countItem)

A home was advertised as 'for lease or lease to own'. Kenco's on site realtor (Laurel) tried to persuade us to buy the house rather than lease the home. Many times throughout our interactions with Kenco's realtor I felt uncomfortable. She asked what out credit score was, how much income we had, how much debt we had. She also point blank told us that if we would buy the house the builder would loan us the down payment money that we were short. Even saying that the builder would pay our credit card debt so we could buy the house. Ultimately, I feel the house was never really available for lease as advertised. We finally got a lease agreement emailed to us once it was clear we were not going to be ready to purchase the house for at least four months. The lease agreement Laurel emailed you us was signed and returned within 24 hours, along with the requested ACH wire Payment of $4200. The next day I asked the realtor to please confirm the ACH payment was received on their end, and she said she would check, No confirmation was given. I followed up again and after about 8 hours got the message that the 'Seller? aka the builder decided they didn't want to lease it after all. At this time the $4200 deposit has not been returned.

Since signing the lease and sending the ACH deposit and believing that our lease agreement was complete I gave a notice to vacate to my current landlord. I now have no where to go with my family. We are in the middle of a global pandemic, a major national disaster declaration for our country and our state and this is how Kenco and his realtor chose to conduct their business. They have taken my money, and left my family without a home.

Desired Outcome

Refund Kenco should be held accountable for their lease agreement that was signed and returned to them and the deposit should be returned immediately without delay.

Kenco Communities Realty Response • May 11, 2020

This is in response to Revdex.com Complaint ID#: XXXXXXXX. We find the Consumer's compliant to be without merit and baseless. We feel this way for the following reasons:

(1) Kenco Communities at Arden LLC ("Company") is a residential homebuilder, in the business of constructing and selling single family dwellings to homebuyers in a community known as Arden located in Palm Beach County, Florida. On limited occasions the Company will lease a home to a party interested in and willing to ultimately purchase the property.

(2) The Consumer met with a member of our sales team in response to an MLS listing concerning an available spec home in Arden. The listing indicated that the subject home was available for "Lease or Lease-to-Own". When the Consumer met with the sales representative it was made clear that the Company was really pursuing a qualified tenant that would purchase the home. In fact the Company, through its sales representative, attempted to negotiate terms that would be acceptable to both the Consumer and the Company. The Company, with the knowledge and consent of the Consumer, even sought to have the Consumer pre-qualified. If the Consumer at any point in time felt uncomfortable (as erroneously stated in the Complaint) with the manner in which discussions were progressing the Consumer never made the sale representative and/or any other members of the organization aware of this fact. Further, the Consumer had the right to disengage and walk away but chose not to do so.

(3) Notwithstanding attempts made by the sale representative to convey to the Consumer that the Company is in the business of selling homes and that the Company was willing to try to negotiate a transaction that worked for everyone, the Consumer insisted on only signing a 12 month lease with no purchase option language contained therein. That was certainly the Consumer's prerogative but by no means meant the Company would acquiesce to a straight rental. The sale representative explained to the Consumer that the principal of the Company needed to first approve the terms of the Lease (as defined below) and the Company needed to complete the Credit Check (as outlined below).

(4) The Consumer ultimately executed a form Residential Lease for Single Family Home or Duplex ("Lease") and Addendum to Residential Lease for Single Family Home or Duplex Lease ("Addendum"). The Lease and the Addendum shall be collectively referred to as the "Lease". Copies of the Lease is attached to this Response for your review and edification. The Lease specifically provided that a deposit of $13,100 (first and last month's rent, security deposit and pet deposit) be made to the Company. The Consumer requested wire instructions from the sale representative, which were sent to her. It should be noted that the Consumer elected not to engage an attorney to review legal documents before executing same. Furthermore, the Consumer made the unilateral decision to terminate her then existing lease before the Lease was fully executed.

(5) The Consumer was advised that the Company would not review or fully execute the Lease (if approved) until such time as (i) the full deposit (to wit: $13,100) was wired to the Company, and (ii) the Credit Check as outlined in Paragraph 4 (e) of the Addendum was secured and was deemed satisfactory to the Company in its sole and absolute discretion. Notwithstanding the foregoing, the Consumer effectuated an ACH transfer (not a wire transfer utilizing the wire instructions provided) to the Company in the amount of $4,200 (not $13,100 as required under the terms of the Lease). It is important to note the Company was not looking for an ACH to hit its account nor a transfer that was for only $4,200.

(6) The Company was notified by its bank that an ACH transfer of $4,200.00 was incoming to its account on Friday, May 1, 2020. ACH's are not wire transfers. The funds are not immediately available but post the next business day. Therefore, the funds were not showing available in the account until Monday, May, 4, 2020.

(7) According to the Activity section of the Complaint, the Revdex.com received the Consumer's case on April 30, 2020, which is one (1) day prior to the foregoing ACH payment even being sent to the Company's account. How is the Consumer justified in filing a case that seeks a return of funds that were not even in the Company's possession at the time of its filing. Needless to say, the $4,200 ACH payment was already returned to the Consumer on May 5, 2020. Such return is a component of the Consumer's desired resolution of this matter and is technically moot at this time.

(8) Moreover, in accordance with Paragraph 4 (e) of the Addendum, the Company had no duty and/or obligation to execute or bind itself to the terms of the Lease unless and until the Credit Check was completed and the Company was satisfied with the results. Despite the Consumer's desired resolution that the Company be "held accountable" for the Lease, the Consumer has no grounds, legal or otherwise, to suggest or demand the Company honor a document it has no duty or obligation to sign unless and until it was comfortable with the credit and background investigation the Company had the right to perform as a contingency under the terms of the Lease.

In summation, we pride ourselves on having a stellar reputation in the community (South Florida) for over 30 years. Ownership has constructed and sold thousands of homes to buyers without having an issue with the Revdex.com or any other governmental agency or governing body. The filing of the Consumer's Complaint was unnecessary as her issues could have been easily resolved without the need for your office's involvement. A request that your office investigate and mediate a dispute involving a contractual document (to wit: the Lease) that was not legally binding on the Company by its very terms and also involve itself in a request for a return of funds that were not even in the Company's possession at the time the case was filed is inappropriate and misplaced.

Our Company and its staff, including the sale representative, was cooperative and courtesy to the Consumer. It did nothing to harm or inconvenience her in any way. Additionally, we have already returned the $4,200 payment made by the Consumer. As such, we respectfully request the Revdex.com close this case with no further action warranted or required by your office.

If you have any questions and/or comments regarding this response please do not hesitate to contact our office.

A home was advertised as 'for lease or lease to own'. Kenco's on site realtor (Laurel) tried to persuade us to buy the house rather than lease the home. Many times throughout our interactions with Kenco's realtor I felt uncomfortable. She asked what out credit score was, how much income we had, how much debt we had. She also point blank told us that if we would buy the house the builder would loan us the down payment money that we were short. Even saying that the builder would pay our credit card debt so we could buy the house. Ultimately, I feel the house was never really available for lease as advertised. We finally got a lease agreement emailed to us once it was clear we were not going to be ready to purchase the house for at least four months. The lease agreement Laurel emailed you us was signed and returned within 24 hours, along with the requested ACH wire Payment of $4200. The next day I asked the realtor to please confirm the ACH payment was received on their end, and she said she would check, No confirmation was given. I followed up again and after about 8 hours got the message that the 'Seller? aka the builder decided they didn't want to lease it after all. At this time the $4200 deposit has not been returned.

Since signing the lease and sending the ACH deposit and believing that our lease agreement was complete I gave a notice to vacate to my current landlord. I now have no where to go with my family. We are in the middle of a global pandemic, a major national disaster declaration for our country and our state and this is how Kenco and his realtor chose to conduct their business. They have taken my money, and left my family without a home.

Desired Outcome

Refund Kenco should be held accountable for their lease agreement that was signed and returned to them and the deposit should be returned immediately without delay.

Kenco Communities Realty Response • May 11, 2020

This is in response to Revdex.com Complaint ID#: XXXXXXXX. We find the Consumer's compliant to be without merit and baseless. We feel this way for the following reasons:

(1) Kenco Communities at Arden LLC ("Company") is a residential homebuilder, in the business of constructing and selling single family dwellings to homebuyers in a community known as Arden located in Palm Beach County, Florida. On limited occasions the Company will lease a home to a party interested in and willing to ultimately purchase the property.

(2) The Consumer met with a member of our sales team in response to an MLS listing concerning an available spec home in Arden. The listing indicated that the subject home was available for "Lease or Lease-to-Own". When the Consumer met with the sales representative it was made clear that the Company was really pursuing a qualified tenant that would purchase the home. In fact the Company, through its sales representative, attempted to negotiate terms that would be acceptable to both the Consumer and the Company. The Company, with the knowledge and consent of the Consumer, even sought to have the Consumer pre-qualified. If the Consumer at any point in time felt uncomfortable (as erroneously stated in the Complaint) with the manner in which discussions were progressing the Consumer never made the sale representative and/or any other members of the organization aware of this fact. Further, the Consumer had the right to disengage and walk away but chose not to do so.

(3) Notwithstanding attempts made by the sale representative to convey to the Consumer that the Company is in the business of selling homes and that the Company was willing to try to negotiate a transaction that worked for everyone, the Consumer insisted on only signing a 12 month lease with no purchase option language contained therein. That was certainly the Consumer's prerogative but by no means meant the Company would acquiesce to a straight rental. The sale representative explained to the Consumer that the principal of the Company needed to first approve the terms of the Lease (as defined below) and the Company needed to complete the Credit Check (as outlined below).

(4) The Consumer ultimately executed a form Residential Lease for Single Family Home or Duplex ("Lease") and Addendum to Residential Lease for Single Family Home or Duplex Lease ("Addendum"). The Lease and the Addendum shall be collectively referred to as the "Lease". Copies of the Lease is attached to this Response for your review and edification. The Lease specifically provided that a deposit of $13,100 (first and last month's rent, security deposit and pet deposit) be made to the Company. The Consumer requested wire instructions from the sale representative, which were sent to her. It should be noted that the Consumer elected not to engage an attorney to review legal documents before executing same. Furthermore, the Consumer made the unilateral decision to terminate her then existing lease before the Lease was fully executed.

(5) The Consumer was advised that the Company would not review or fully execute the Lease (if approved) until such time as (i) the full deposit (to wit: $13,100) was wired to the Company, and (ii) the Credit Check as outlined in Paragraph 4 (e) of the Addendum was secured and was deemed satisfactory to the Company in its sole and absolute discretion. Notwithstanding the foregoing, the Consumer effectuated an ACH transfer (not a wire transfer utilizing the wire instructions provided) to the Company in the amount of $4,200 (not $13,100 as required under the terms of the Lease). It is important to note the Company was not looking for an ACH to hit its account nor a transfer that was for only $4,200.

(6) The Company was notified by its bank that an ACH transfer of $4,200.00 was incoming to its account on Friday, May 1, 2020. ACH's are not wire transfers. The funds are not immediately available but post the next business day. Therefore, the funds were not showing available in the account until Monday, May, 4, 2020.

(7) According to the Activity section of the Complaint, the Revdex.com received the Consumer's case on April 30, 2020, which is one (1) day prior to the foregoing ACH payment even being sent to the Company's account. How is the Consumer justified in filing a case that seeks a return of funds that were not even in the Company's possession at the time of its filing. Needless to say, the $4,200 ACH payment was already returned to the Consumer on May 5, 2020. Such return is a component of the Consumer's desired resolution of this matter and is technically moot at this time.

(8) Moreover, in accordance with Paragraph 4 (e) of the Addendum, the Company had no duty and/or obligation to execute or bind itself to the terms of the Lease unless and until the Credit Check was completed and the Company was satisfied with the results. Despite the Consumer's desired resolution that the Company be "held accountable" for the Lease, the Consumer has no grounds, legal or otherwise, to suggest or demand the Company honor a document it has no duty or obligation to sign unless and until it was comfortable with the credit and background investigation the Company had the right to perform as a contingency under the terms of the Lease.

In summation, we pride ourselves on having a stellar reputation in the community (South Florida) for over 30 years. Ownership has constructed and sold thousands of homes to buyers without having an issue with the Revdex.com or any other governmental agency or governing body. The filing of the Consumer's Complaint was unnecessary as her issues could have been easily resolved without the need for your office's involvement. A request that your office investigate and mediate a dispute involving a contractual document (to wit: the Lease) that was not legally binding on the Company by its very terms and also involve itself in a request for a return of funds that were not even in the Company's possession at the time the case was filed is inappropriate and misplaced.

Our Company and its staff, including the sale representative, was cooperative and courtesy to the Consumer. It did nothing to harm or inconvenience her in any way. Additionally, we have already returned the $4,200 payment made by the Consumer. As such, we respectfully request the Revdex.com close this case with no further action warranted or required by your office.

If you have any questions and/or comments regarding this response please do not hesitate to contact our office.

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Address: 902 Clint Moore Rd STE 202, Boca Raton, Florida, United States, 33487-2828

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