McLeod Realtors

Review: We were interested in a prop. in Butte MT.We called the listing agent McLeod Realtors.[redacted] became our buyer agent.Arriving at the property,copy of the ad in hand we asked about the 2 wells& the septic.He didn't know anything about themor other questions.I'll get some info.We had made a verbal offer $175K but only if we got answers.After arriving he turned on the PC,we assumed he was getting info.Instead he was printing a complicated 17 pg.buy/sell agreement.We said whoa,not sure we're buying it yet.Said it was just a formality.He quickly passed them in front of us& said most of this means zip,but it's req.by MT law.We made sure this was nonbinding&we could get out if there's a problem.He ASSURED us we could.He asked about earnest$&we said $500,but we could get it back if there was no sale?He again said yes,&wrote a check. NO PROBLEM.So we signed all but 2disclosure pgs.He said he'll look up all the info we wanted.We left&waited 2 days.We went to the prop.ourselves to look around.Didn't find wells or septic.Found a 5"pvc pipe coming out back of house going down a 20'bank into a hole in the ground.We Discovered from an aerial pic of the whole 20 acres there wasa triangular sect.about 300'x1000'with a large pond about 30'x50'on it with a backed up dam about 20' hi.& a pipe with a valve at the bottom.A barbwire fence had been cut back for cars.It's like a little oasis for fun!No one disclosed this attractive nuisance to us.Agents said they knew zip about it or the property itself!They said not to worry about it,but we did.An attorney said it's a big liability.We thought then we'd better back out of this and redo it over.Called [redacted] & the owner [redacted].We said we were worried about a few things&if they could be changed we'd get the prop.We would like to get the $500 if this doesn't work&they both said no problem,we want our customers to be happy.Made numerous calls & finally told we are not getting our$500 back and to take the owners to small claims court.So much for honesty!!Desired Settlement: We would like our $500. back as promised. We were trusting & believed the owner of McLeod Realtors & the agent we hired that we would get it back since the buy/sell agreement was nonbinding as our agent promised. We were duped into thinking this would all work out but when you are dealing with 2 adult men you put your trust in them. We are from a different era & that's how we do things. Trust is our way of life,but we were wrong.We are on social security we could certainly could use it.

Business

Response:

I am in receipt of your letter dated July 10, 2013 and the attached complaint #9613786 filed by [redacted]. [redacted]. Simply put, Mr. [redacted] is upset by the fact we would not violate state law by returning his $500 earnest money deposited into our trust account when he entered into a binding contract for the purchase of property here in Montana. Until a court of law determines whether Mr. [redacted] or the seller of the property is entitled to the earnest money we cannot release it.

This has been explained to Mr. [redacted] on numerous occasions.

It is sad to see the length at which Mr. [redacted] will go as it is evident by the attached complaint and its abundance of inaccurate information.

Sincerely,

Broker/Owner

McLeod Realtors, LLC

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID 9613786, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Regards,

[redacted] This is accurate & truthful information. We, [redacted] & I, located a property on the internet listed by McLeod R.E. at the end of May. We contacted [redacted] at McLeod Realtors & asked if we could see it. We made an appt. with him & drove in the direction the property. Mr [redacted] admitted he had not seen it yet, but would like to show us another one he was sure we'd like better. He took us to the top of a mountain & showed us a home where the land & surrounding property had been totally destroyed in a forest fire a year earlier. The house wasn't damaged except for numerous broken windows. We were gracious, but said we weren't interested. Then he wanted to show us others & we went along with it but we really wanted to see the one we called about in May. He didn't even know where it was & had to call the office for directions. We overheard the conversation with a lady named [redacted]. She said "you're not going to show them that property, it's a dump." We finally arrived at the property, but he didn't have any keys to the gate or the houses. He said no one at the office had any keys to the place. This is a place they have listed & no one had keys. Doesn't help the sellers sell the place. We could not see any signs of two wells or septic system as stated in the details, nor did he have any answers. He said we'd go back to the office & get the info & keys etc. I said I'd like to see the back side of the place & he said "go ahead but he wouldn't go as he was wearing shorts & was afraid of snakes." On the way back we had more questions & [redacted] made a list of 15 questions. At the office Mr. [redacted] started working on his computer & we assumed he was looking up info. To our surprise he was downloading & copying a "Buy/Sell agreement.", 18 pgs. in all. As each page came up he had me sign or initial each one. [redacted] & I both at numerous times questioned him about the fact that we did not have the info about the property let alone not even seen the inside of the buildings. He kept assuring us we'd find out & this was "just a formality" & it's Montana law that it be done his way. If there are any problems, this is not a binding agreement & it'd just go away. Our big error is that we believed & trusted him because he said he was representing us as a "buyers agent" We then after waiting for Mr. [redacted] to get info he did produce a satellite picture of the land,(probably from Google maps) & a 2 line piece of paper that said there is a well somewhere that produces 10GPM. We then proceeded to get info ourselves we discovered that the property was not as McLeods advertisement showed & several serious & negative things which were described in previous documents. We were then advised by 2 other real estate agents & a Butte attorney to take the action we have & to report Mr.[redacted] & Mr. [redacted] to the Montana Board of Real Estate Regulations & the Revdex.com. Our complaint is not with the seller, but with McLeod Realtors & their agent in that we were not respected, treated with unprofessional & unethical deception. A Butte attorney suggested possible fraud. We've learned recently from people who know Mr. [redacted] that he has only attained his RE license recently. It's not the $500, as it's already cost us much more, but we hope we can help prevent other first time home owners from such unethical practice. The Real Estate broker we are working with now didn't require us to sign anything until we were satisfied. They also didn't require earnest money up front & said that was up to us & the seller, nor did they care for Realtors who do business using "Dual Agents." Said it was confusing for the sellers & buyers who have no idea what they are talking about & the agents do not communicate with each other! They claim brokers who work like Mr. [redacted], are few & far between,thank God. Thank you Revdex.com for being there for us. Sorry that Mr. [redacted] thinks we've gone to "lengths,'" & the "abundance" of inaccurate information. What I've just written is the truth as witnessed by [redacted] & [redacted]. I think it is important to elaborate on our complaint unlike the McLeod Company & attempt to dismiss it with a statement by Mr. [redacted] claiming "it's SAD to see the length" etc. Sounds like these people will say or do whatever it takes ,rather then to step up & admit their mistakes. Respectfully yours, [redacted]

Business

Response:

My response to Mr [redacted]'s rambling account of the facts is that we acknowledge our agent, [redacted] showed the [redacted]'s the property in question, along with several others. Here are some facts that can't be disputed.

1) the [redacted]'s signed several documents including a buy/sell agreement, agency disclosure (which clearly states [redacted] is acting as a "dual agent" which is allowed in the State of Montana) , counter offer, 1031 tax deferred exchange addendum, lead based paint disclosure, and mold disclosure. [redacted] spent approximately 2 hours in our office with these folks reviewing and explaining these documents. There assertion they didn't know what they were signing is disingenuous at best.

2) the [redacted]'s wrote a $500 earnest money check to be presented with their offer to purchase.

3) I invite you or anyone reading this to come to Butte and ask someone if they know [redacted] and see what response you get. I can assure you [redacted] has an outstanding reputation in our community. [redacted] is new to our business but has been well trained and well respected by his current clientele.

4) McLeod Realtors has been in business serving SW Montana since 1961. We have enjoyed an excellent reputation in our marketplace. It saddens me to see that someone like Mr [redacted]s is able to hurl the accusations he has and with no recourse to this point on our part. With the writing of this final response I will consider this matter closed. However, if we continue to be subjected to the delusional ramblings of Mr [redacted]s we will consider legal action on our behalf. We have worked too hard over the years to maintain a level of respect in our community that most envy. As such we will do everything in our power to maintain our reputation.

5) I would be more than happy to visit with his unnamed attorney and real estate agent if they question any of the facts of this case. I highly doubt either would concur with Mr [redacted]s if confronted with the facts.

Sincerely,

McLeod Realtors, LLC

406-560-5263

[redacted]

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID 9613786, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Regards,

[redacted] ----Our response to Mr. [redacted]s misleading account of the facts: 1-He doesn't seem to understand that we're not disputing the fact we signed the contract. We are disputing that we signed a BIINDING CONTRACT INSTEAD OF THE NONBINDING CONTRACT IT WAS SUPPOSED TO BE AS PROMISED BY [redacted]. We said we would not sign it without talking to our attorney. [redacted] said we WOULDN'T NEED TO TALK TO HIM, this is just a formality, DON'T WORRY. [redacted] NEVER TALKED TO US FOR 2 HOURS as Mr. [redacted] stated. It was more like 45 minutes as he printed off a 17 PAGE CONTRACT. He flashed pages in front of us & pointed to a smattering of things Oh don't worry about that, that's just a formality & so on. HE NEVER REVIEWED OR DISCUSSED ANYTHING OF ANY IMPORTANCE. We hardly think lead based paint & mold disclosures that important. We don't know where Mr. [redacted] came up with [redacted] being with us for 2 HOURS as Mr. [redacted] wasn't even there. COME ON NOW, would we have SIGNED & BOUGHT PROPERTY WITHOUT KNOWING ANYTHING ABOUT IT? (We had only seen the place an hour before we went to his office & he started printing up the 17 page buy-sell agreement.) WE MADE SURE [redacted] UNDERSTOOD WE WANTED ANSWERS TO OUR QUESTIONS BEFORE WE WOULD THINK ABOUT BUYING THIS PLACE. [redacted] said he would get answers, and we would not be held to the contract if the answers were not satisfactory. HE AGAIN PROMISED US THIS WAS NONBINDING. That never happened. In the days ahead we saw that he lost interest in us and the sale. HE NEVER GAVE US ANY ANSWERS TO OUR IMPORTANT QUESTIONS, HE NEVER RETURNED OUR CALLS or didn't even call us to KEEP IN TOUCH about anything. Now, does that sound like someone who wants to sell someones property. We felt sorry for the owners. 2-We had to, according to [redacted], put down some earnest money to show we might be interested in buying it. OF COURSE HE PROMISED WE WOULD GET IT BACK IF THE SALE DIDN'T GO THROUGH. 3-We will not comment on this one. 4-We finally decided that no one was going to help us with the answers and decided not move on with it. We apologized to them for changing our minds. We thought Mr. [redacted] was going to stand behind what both HE & [redacted] promised to us. WE WOULD GET OUR MONEY BACK. THEY BOTH SAID. OH DON'T WORRY, THIS HAPPENS ALL THE TIME. PEOPLE CHANGE THEIR MINDS. WE WILL GIVE YOU YOUR MONEY BACK. WE WANT OUR CUSTOMERS TO BE HAPPY. SOUND FAMILIAR Mr. [redacted] & Mr. [redacted]d. Well obviously they broke their promise and gave us the runaround for another week and a half about receiving our moneyback. We were treated indifferently by [redacted] & Mr. [redacted] when we went to see them. We felt sad that they would treat us like that. To assert that we are less then honest, that we ramble on, hurl accusations, and so on, really hurt us after we respected & trusted them. We thought we were dealing with two honest, mature, family minded, and pillars of the community adults. We wish Mr. [redacted] would meet with us, LOOK US IN THE EYE, if he can, and say he never said those things to us. He knows he said them, but won't admit it. Please [redacted], tell Mr McLeod you promised a nonbinding contract & we would get our money back. It's not about the money now, it's our reputation, respect & dignity that is at stake. We don't want them compromised as we're sure Mr. [redacted] & Mr. [redacted] dont want theirs to be compromised either. Thank you. Sincerely, [redacted]

Consumer

Response:

I would like to reject the offer of Arbitration or Mediation for complaint ID 9613786.

Thank you for your time, but we've decided to take a different tact in resolving this case. Apparently [redacted] & [redacted] are not remotely interested in doing the honorable thing that people their age should do. We thought people from Butte were unlike people from the big city where we live. Actually, most of them are! Anyway, we still feel like we were deceived & coerced into signing something we thought to be nonbinding as [redacted] kept promising it was, but as we found out he had no plans for a nonbinding agreement or returning our money. He kept reeling us in by promising to find answers to our questions and if it didn't work out to our satisfaction we could opt out with no problem and our money would be returned. Really now, why would we sign a BINDING agreement on property that we just saw a half hour before!! We may be from a big metropolis, but we're not dumb. We stuck to our guns as we signed saying it wasn't written in stone yet and he said yes, it's not written in stone as he clicked his pen incessantly. In hindsight, I should have taken that gesture as a warning. Again, thanks for TRYING to help us. Sincerely, [redacted]