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Reviews Real Estate Agent Nest Realty

Nest Realty Reviews (9)

Revdex.com: I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below We informed Nest Property Management that we would be leaving the area and wished to have the property relisted for rentI wrote and delivered the $check November 9th, When we dropped off the check, the staff informed us that this "isn't their season" to rent propertiesAs I'm handing over the check they are admitting that they are not going to put forth any effort to get a new tenantI checked the internet daily for the listing of [redacted] to make sure it was being marketedOn November 12th, I sent an email to Abbey G [redacted] inquiring about whether they were going to advertise the listing anywhere other than one website ( [redacted] )I had a phone conversation with a staff member at Nest Property Management stating that it should be on other websites by the end of the weekI informed the staff multiple times via email that we would be out of the townhouse by November 23rd, and the residence could be shown at anytime after that.I received an email from Ally A [redacted] on November 17th, that scheduled preventative maintenance would take place November 19th, I replied via email stating my concerns of the short notice, that we have a dog and would not feel comfortable having a stranger alone in the townhouse with the dog and it was too late to make other arrangements for our dog to be elsewhereI explained to her that it would not be healthy to "secure" our dog in a single room, or "secure" him outside all day with a stranger at the residenceOur dog is not violent but, we wanted to prevent the unknown from happening and protect all parties involvedHer solution was to have two strangers alone in the townhouse with the dog (implying a staff member and the maintenance worker would be alone with our dog)I explained to her that this was not acceptable, offered alternative times (before my husband went to work around 10:00, after I came home around 4:30, anytime during the weekend, or anytime at all after we vacated)Because this was "scheduled routine maintenance" I assumed they had more than two days notice and could rescheduleThe staff informed us that they were not going to reschedule and go through with the maintenance without our permission to enter the townhouseMy husband spoke with staff as well and had to all but threaten to call the police if they entered without our permission after we had discussed our concerns Nest property management said they wanted to "show" the property the afternoon we were actively moving out of the residenceI explained that there were boxes everywhere to the point that you almost couldn't move and actually see the residence but, I reluctantly agreedAccording to Nest Property Management the prospective tenants eventually backed out of the lease agreementIn January 2016, staff informed me that the property needed to be cleaned and that if we did not respond they would move forwardI asked whether the residence had been re-rentedIt had notI was informed over the phone that the property would show better if it were professionally cleanedI told them that the day we handed in the marketing fee the other staff at their office told us not to clean the residence before we vacatedThe staff member on the phone proceeded to tell me that the residence must be cleaned monthly and they would charge a reduced price for the subsequent cleaningsI informed them that that was not in the lease agreementI was only responsible for the one cleaning prior to the next tenantWhen I told them that I was not going to pay for multiple cleanings, and I wanted to talk with a manager, the staff member said they would get back to meI have asked to speak with Ben Wilson directly on multiple occasions due to the incompetence of the unlicensed staff under him, citing that every time I talk to a staff member they give me a different story of my responsibilitiesHe has since denied or refused to respond to my pointing out of facts that his staff is/has been taking advantage of the fact that we are not in townSince vacating the property November 23rd, the utilities have increased in usage and cost, requested maintenance has not been done, and they are trying to charge for services I have either not agreed toI have repeatedly asked for pictures of the alleged maintenance(Since Ben W*** says they are showing the property all the time, they can certainly take pictures while they are there.) We have spoken to the utility companiesThey have told us that the usage is consistent with a person living and or using the water and electricitywe can furnish bills showing usage from when we were living there and after we vacated, if you like.When I spoke to staff about the maintenance, I was told to request pictures at the time of serviceNow, Ben W [redacted] is refusing to take pictures and is stating that he does not have toWhen I confronted him about the marketing I told him it was a waste of money since they were not marketing it to the maximum degreeHe stated that "it was a waste of time" and had since offered to refund the $fee and remove the listing from the websites.This is the first time they have stated any reasons for prospective tenants backing out of lease agreementsAs to the state of the residence I have pictures of the "condition" in which they gave it to usWe undoubtedly returned it in better conditionAs I stated before, they left sections of the yard with overgrown shrubbery and grass over five feet tallThe yard maintenance crew said they would return to finish the work but, they never didThere is no smoking permitted in the residence, yet it smelled like someone had smoked in the residence.Due to the above reasons we have sought other licensed real estate opinions and legal counselThey all agree that the residence should have been rented by now, if they were actively seeking, that four months is more than ample time to find a new tenantAnd, due to the suspicious nature of not providing pictures of maintenance and the fact that the utilities have increased since we have vacated, we should terminate our business relationship with Nest Property ManagementI have informed Ben W [redacted] via email on March 8th, of such Regards, [redacted]

Thank you for forwarding to us the complaint filed with the
Revdex.com and providing us with the opportunity to respondWe have read through the
complaint and have reviewed our own files and are responding to you as
requested.Please note that we take our agency responsibility to our
client very
seriously, and no information can be disclosed regarding their position
in this contract under agency lawThe complaint was not filed by a client of
ours, but rather by a purchaser of real estate who chose not to receive
representation and later attempted to terminate a contract that, at the time
this complaint was written, they were not lawfully permitted to do.The complaint makes several inaccurate statements in the letter
Our Associate Broker did take a call from the Complainant on a property already
under contractHe did also indicate that he was working on obtaining a listing
for another client for a similar property that was not yet on the marketHowever,
this property was not managed by our Associate Broker, and at no time was he
the property manager for the property as the Complainant alleges.Nest Realty does not allow our agents and Associate Broker
to represent both a buyer and a seller in the same transaction, and the
Complainant signed a Disclosure that acknowledges that they did not desire a
real estate agent on their own and preferred to proceed without representation
after written acknowledgementThe Associate Broker did show the subject property
to the Complainant after a listing agreement was procured and that listing
agreement was to list the property for $***,and include the right to
list the property in the local MLS and to offer cooperating brokers a
commissionThe Complainant subsequently requested that our Associate Broker draft
an offer for the property and a contract was ratified, including a $***
Earnest Money Deposit that is held in Trust for both Purchaser and Seller and
is only allowed to be disbursed to either part in three events: a completed transaction resulting in a sale
being recorded, the mutual agreement of both parties to terminate the contract,
or a court order.It should be noted that the contract that the now Purchaser
negotiated included no fee to be paid to a Buyer’s Agent, and the Seller and
our Associate Broker, in an agreement that is not part of this contract, agreed
that the fee that would have otherwise gone to a Buyer’s Agent would be
forfeited, the benefit of which was given to the Purchaser in a reduced sales
priceThere was no time in which the Nest Associate Broker was to be paid for “working
both sides of this transaction.”The complaint, after already entering into and ratifying a
contract, contacted another real estate agent with another firm and asked that
they represent them in the matterOur Associate Broker informed the Purchaser that
because the price was already agreed to and the commission had been cut, that
if they wish to hire an agent, the compensation for the agent could not be paid
form the process of this ContractThe amount was never to be increased by
$***as the Complainant allegeIt would have increased by whatever
amount the Purchaser and their Agent agreed to be their negotiated
compensation.The Contract was sent to proceed to closing and the
Purchaser then left the Country for a period or three weeksThey did so
without providing to Seller, the Seller’s Agent, or the Bank through which they
were seeking funding with any contact information for one another
Subsequently, the Seller, believing that they were selling the property ordered
termite inspections, HOA and Condo Docs, and employed a closing attorney for
the saleFurther, he paid to have a sink repaired at the request of the
Purchaser.Fast forward three weeks, during which no activity occurred procuring
financingNo appraisal was performed, and thus, the closing date was missed by
the PurchaserThe financing institution is an out of state lender, ***
*** for Fort Meyers FloridaAfter the Purchaser returned to the United States,
the lender then ordered an appraisalThe appraiser was from out of town and is
not familiar with the project being purchased.These condominium units are from the 1950s and some have
been updated and others have notThis particular unit in question has been
fully gutted, stripping all sheetrock down to the studs, new electrical,
rebuilt and up fitted with granite countertop and new title work and cabinetry
throughoutThe Purchaser is correct in stating that the sales price exceeded
with other units sell for.The Owner of the property paid $***for the condo in
In the six months leading up to this prior sale of this unit, the average
price paid for a condo at *** *** was $***The Purchaser is correct
that the price is above averageWhat they are not considering is the condition
of the property or how it compares to other homesThe current owner paid more
than $*** above the average when they purchased it, and it is not priced
excessively nowThe only bedroom unit to have sold in the last six months
today sold for $***,000.The Purchaser then contacted Nest Realty on Friday May 13,
demanding that they receive their Earnest Money Deposit (EMD) as they wish
to terminate the contractThey did not have any reason to terminate other than
they decided they paid too much for the homeThere sent this complaint to the
Revdex.com on the same day, without actually having a legal reason for terminating a
valid contract.The Seller has already proposed a solution, but the
Purchaser has rejected that offerIf the Purchaser can terminate the contract following
a valid reason that meets the contract terms, then at that time the Seller will
agree to release the fundsThis is not a question for Nest RealtyWe are a
legal trust entity who does not control these funds, but rather holds them
specifically so that when disagreements arise, neither party has access to
funds that are held in trust for both of them.It is unfortunate that an unrepresented Purchaser has taken
to the public forum to argue a legal question.We at Nest Realty are the Seller’s agent, and we continue to
represent them vigorouslyBut as for the money being held in escrow, our hands
are tied and we cannot disburse those funds without mutual agreement from both
parties, a successful sale, or a court order.Any further question or inquiries can be directed to me.W D***

see attached

Dear Ms*** -Thank you for your correspondence regarding a complaint registered by our former tenants, *** & *** ***Mr& Mrs*** rented a home from one of our clients and we provide services in property management for the homeThe ***'s moved into the home
in July of and their lease goes through May of this yearIn November, they contacted us needing to initiate our lease take-over process; they were moving out of townThe policies outlined in the lease agreement signed for the property states the tenants are responsible for a fee of $for Nest Property Management to start marketing and leasing efforts to procure a new tenant. The property was listed as available for rent the day the paperwork was returned and the fee was paid by our tenant; there was no delay, as indicated by our tenants in their complaintAt the time, our tenants were still occupying the residence and had demanded we only show the property before am or after 4:pm -vastly limiting our ability to display the property to future/prospective tenantsAfter they vacated the property in December, our limitations on showing the property were relinquishedWe continued to show the property and field calls from prospective tenants throughout December, January, February, and now into March the property remains vacantDespite our best efforts we have yet to procure a tenant to take over their obligation for the lease and the ***'s are, perhaps reasonably upset due to reasons beyond our controlWe've fielded over forty calls from prospective tenants and have shown the property to 20+ individuals looking to rent and no one has decided to move forward with leasing the propertyOver the course of time working with the ***'s, our staff has tried to communicate reasons and explanations from feedback we've received - ranging from the time of year (looking to move in the summer), to the lack of a washer/dryer unit (it has hook ups, but the appliance is not included), and a myriad of other reasons that, in an effort to include them in the process and in response to demands made by our former tenants, we have shared Our staff diligently continues to show the property and field calls to procure a new tenant for the home, but the simple fact that the market in these months is bare resonates more as an excuse with our tenants than an explanation based on facts. Mrs*** has been abusive to our staff, insulting our integrity and ethics, accusing us of many things which are not trueShe requested her re-rent fee to be refunded if she were to take over the obligation of marketing and finding a new personDespite the copious amount of effort already put forth by our staff, I agreed to refund her the money if she wished and requested her to send me an email making that request in writingAs of yet, I have not received an email from her to remove the home from our available list and so we continue to market in the hopes of finding a new tenant as soon as possible. There has been some maintenance performed in the home which is considered normal, routine wear & tear or maintenanceOur staff made the repairs but did not take any pictures of the broken or finished productMrs*** is leery of whether or not we completed the projects; but, the repairs were made and completedThere have been several items related to preparing the home for a new tenant which are the responsibility of our current tenantThe yard was disheveled and filled with dog feces, the home was not cleaned and the carpets were not steam cleaned, as is required in the policies associated with their lease agreementThrough the process of showing the property, we received feedback from prospective tenants that they wished to not move forward with a lease because of these conditionsThis work was completed, and if not paid prior to the distribution of their security deposit, will be deductedWe have pictures of the condition, which will be provided to our current tenant with the distribution of their security depositOur tenant has pointed to issues with the yard prior to their move in, however those issues were taken care of by our staff on the day of their move inFollowing commencement of their lease agreement, maintenance of the yard is the responsibility of the tenant. Our tenant has notified us of unusual utility bills for the property while it is vacant and we've performed an inspection to search for water leaks and found noneThe heating system over the winter was set at a reasonably low temperature to maintain a suitable environment and prevent any frozen pipesWe have no explanation for the utility bills and have directed the tenant to contact the provider of those bills. We have communicated and responded to our tenant in a reasonable mannerBecause of her abrasive and abusive tone and language over the phone, and also to provide for a reasonable history of our dialogue, we've requested that they communicate via email or other written formWe've responded to requests and questions; in some cases, because of the nature of the request our response has been that we have no response or answerOur tenants have threatened us with legal action and so our responses have been tailored to provide any information for which we are required to provide, but have been reasonably restrictive with some ancillary informationWe understand that our tenant is frustrated and we want nothing more than to find a tenant to replace their obligationThis experience has been unpleasant for both parties involved and we are simply trying to do the best which we are able, understanding that there are certain variables beyond our control. At no time have we, as the management company, or the Landlord breached the contract for Lease signed with the ***'sIn Virginia, employees of a property management company may display a property to prospective tenants; our leasing staff is very well trained, experienced and qualified to perform the duties of showing property and are not required to be licensed Real Estate Salespeople. We've made every reasonable effort to procure a new tenant to take over their obligation and have taken our tenants best interests to heart throughout this process, despite the way our staff has been treated. Unfortunately, release from the lease obligation is not a possibility without procurement of a replacement tenantThe ***'s signed a legally binding lease agreement which obligates them for rent and other responsibilities through the month of MayWe will continue to market and show the property and do everything we can to find a new tenant, unless they notify us to stop - in which case, we would have no problem refunding them the fee which paid for our services. Sincerely, Benjamin MW*** Director of Property Management Nest Property Management

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
As stated in my complaint, Nest Realty's agent misrepresented several facts to induce us to enter into this contract on April 5, without a buyer's representation at the price of $*** with $*** earnest deposit. It is worthy to note that we were in contact with our lender daily while out of the country, and had provided all requested documentation for loan approvalWe fulfilled our part of the contract to secure the loan including paying for the appraisal which came in only at $***The appraisal listed all of the comparatives, and contrary to Nest Realty's statement, all of the comparatives are renovatedClass Appraisal is a reputable nationwide appraisal management company ***, unlike Nest Realty which is a small local real estate agencyWe then informed Nest Realty that we would not go through with the purchase and were unable to secure a loan because the appraisal is much lower than the contract priceFurthermore, on May 4, 2017, Nest Realty listed the property in MLS at $***,000, which constitutes a breach of contractOn May 18, 2017, seller contacted an attorney and threatened legal action to force us to go through with the purchase or release the earnest deposit to seller and pay Nest Realty's commission; however, after we explained the situation with supporting facts to the attorney, the seller and his attorney recantedWe have nevertheless documented all phone calls, text messages and email
correspondence between Nest Realty, Epic Lending, and us, as well as
receipts/invoices for expenses that we incurredIn order to expedite the return of our deposit, and in good faith, on May 25, we communicated to Nest Realty that we would agree to reimburse the seller for documented expenses that he claimed to have incurred for a termite inspection, the HOA documents, and the repair of a bathroom sink (expenses that he would have incurred anyway as property owner)Yet, on May 25, Nest Realty sent a Docusign requesting our signatures to release the contract and split the earnest deposit money among seller ($***), Nest Realty($***) and us ($***). As stated in Nest Realty's response, the Earnest Money Deposit is "held in trust for both Purchaser and Seller and is only allowed to be disbursed to either party..." Furthermore, Nest Realty's is paid by seller to represent seller onlyWe thus refused to compensate Nest RealtyAlthough the Seller has not produced any documentation of expenses purportedly incurred, we would agree to disburse $*** to seller and recoup the remainder of our earnest money deposit of $**00, in order to end this ordeal.The more we know about Nest Realty through its actions and response to our complaint, the more it proves to be utterly unethical in its business conduct. We appreciate your endeavors to protect consumers and encourage proper business conduct, and sincerely request your assistance in resolving this issue
Regards,
*** ***

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
We informed Nest Property Management that we would be leaving the area and wished to have the property relisted for rent. I wrote and delivered the $500 check November 9th, 2015. When we dropped off the check, the staff informed us that this "isn't their season" to rent properties. As I'm handing over the check they are admitting that they are not going to put forth any effort to get a new tenant. I checked the internet daily for the listing of [redacted] to make sure it was being marketed. On November 12th, 2015 I sent an email to Abbey G[redacted] inquiring about whether they were going to advertise the listing anywhere other than one website ([redacted]). I had a phone conversation with a staff member at Nest Property Management stating that it should be on other websites by the end of the week. I informed the staff multiple times via email that we would be out of the townhouse by November 23rd, 2015 and the residence could be shown at anytime after that.I received an email from Ally A[redacted] on November 17th, 2015 that scheduled preventative maintenance would take place November 19th, 2015. I replied via email stating my concerns of the short notice, that we have a dog and would not feel comfortable having a stranger alone in the townhouse with the dog and it was too late to make other arrangements for our dog to be elsewhere. I explained to her that it would not be healthy to "secure" our dog in a single room, or "secure" him outside all day with a stranger at the residence. Our dog is not violent but, we wanted to prevent the unknown from happening and protect all parties involved. Her solution was to have two strangers alone in the townhouse with the dog (implying a staff member and the maintenance worker would be alone with our dog). I explained to her that this was not acceptable, offered alternative times (before my husband went to work around 10:00,  after I came home around 4:30, anytime during the weekend, or anytime at all after we vacated). Because this was "scheduled routine maintenance" I assumed they had more than two days notice and could reschedule. The staff informed us that they were not going to reschedule and go through with the maintenance without our permission to enter the townhouse. My husband spoke with staff as well and had to all but threaten to call the police if they entered without our permission after we had discussed our concerns.
Nest property management said they wanted to "show" the property the afternoon we were actively moving out of the residence. I explained that there were boxes everywhere to the point that you almost couldn't move and actually see the residence but, I reluctantly agreed. According to Nest Property Management the prospective tenants eventually backed out of the lease agreement. In January 2016, staff informed me that the property needed to be cleaned and that if we did not respond they would move forward. I asked whether the residence had been re-rented. It had not. I was informed over the phone that the property would show better if it were professionally cleaned. I told them that the day we handed in the marketing fee the other staff at their office told us not to clean the residence before we vacated. The staff member on the phone proceeded to tell me that the residence must be cleaned monthly and they would charge a reduced price for the subsequent cleanings. I informed them that that was not in the lease agreement. I was only responsible for the one cleaning prior to the next tenant. When I told them that I was not going to pay for multiple cleanings, and I wanted to talk with a manager, the staff member said they would get back to me. I have asked to speak with Ben Wilson directly on multiple occasions due to the incompetence of the unlicensed staff under him, citing that every time I talk to a staff member they give me a different story of my responsibilities. He has since denied or refused to respond to my pointing out of facts that his staff is/has been taking advantage of the fact that we are not in town. Since vacating the property November 23rd, 2015 the utilities have increased in usage and cost, requested maintenance has not been done, and they are trying to charge for services I have either not agreed to. I have repeatedly asked for pictures of the alleged maintenance. (Since Ben W[redacted] says they are showing the property all the time, they can certainly take pictures while they are there.) We have spoken to the utility companies. They have told us that the usage is consistent with a person living and or using the water and electricity. we can furnish bills showing usage from when we were living there and after we vacated, if you like.When I spoke to staff about the maintenance, I was told to request pictures at the time of service. Now, Ben W[redacted] is refusing to take pictures and is stating that he does not have to. When I confronted him about the marketing I told him it was a waste of money since they were not marketing it to the maximum degree. He stated that "it was a waste of time" and had since offered to refund the $500 fee and remove the listing from the websites.This is the first time they have stated any reasons for prospective tenants backing out of lease agreements. As to the state of the residence I have pictures of the "condition" in which they gave it to us. We undoubtedly returned it in better condition. As I stated before, they left sections of the yard with overgrown shrubbery and grass over five feet tall. The yard maintenance crew said they would return to finish the work but, they never did. There is no smoking permitted in the residence, yet it smelled like someone had smoked in the residence.Due to the above reasons we have sought other licensed real estate opinions and legal counsel. They all agree that the residence should have been rented by now, if they were actively seeking, that four months is more than ample time to find a new tenant. And, due to the suspicious nature of not providing pictures of maintenance and the fact that the utilities have increased since we have vacated, we should terminate our business relationship with Nest Property Management. I have informed Ben W[redacted] via email on March 8th, 2016 of such.
Regards,
[redacted]

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
We informed Nest Property Management that we would be leaving the area and wished to have the property relisted for rent. I wrote and delivered the $500 check November 9th, 2015. When we dropped off the check, the staff informed us that this "isn't their season" to rent properties. As I'm handing over the check they are admitting that they are not going to put forth any effort to get a new tenant. I checked the internet daily for the listing of [redacted] to make sure it was being marketed. On November 12th, 2015 I sent an email to Abbey G[redacted] inquiring about whether they were going to advertise the listing anywhere other than one website ([redacted]). I had a phone conversation with a staff member at Nest Property Management stating that it should be on other websites by the end of the week. I informed the staff multiple times via email that we would be out of the townhouse by November 23rd, 2015 and the residence could be shown at anytime after that.
I received an email from Ally A[redacted] on November 17th, 2015 that scheduled preventative maintenance would take place November 19th, 2015. I replied via email stating my concerns of the short notice, that we have a dog and would not feel comfortable having a stranger alone in the townhouse with the dog and it was too late to make other arrangements for our dog to be elsewhere. I explained to her that it would not be healthy to "secure" our dog in a single room, or "secure" him outside all day with a stranger at the residence. Our dog is not violent but, we wanted to prevent the unknown from happening and protect all parties involved. Her solution was to have two strangers alone in the townhouse with the dog (implying a staff member and the maintenance worker would be alone with our dog). I explained to her that this was not acceptable, offered alternative times (before my husband went to work around 10:00,  after I came home around 4:30, anytime during the weekend, or anytime at all after we vacated). Because this was "scheduled routine maintenance" I assumed they had more than two days notice and could reschedule. The staff informed us that they were not going to reschedule and go through with the maintenance without our permission to enter the townhouse. My husband spoke with staff as well and had to all but threaten to call the police if they entered without our permission after we had discussed our concerns.
Nest property management said they wanted to "show" the property the afternoon we were actively moving out of the residence. I explained that there were boxes everywhere to the point that you almost couldn't move and actually see the residence but, I reluctantly agreed. According to Nest Property Management the prospective tenants eventually backed out of the lease agreement.
In January 2016, staff informed me that the property needed to be cleaned and that if we did not respond they would move forward. I asked whether the residence had been re-rented. It had not. I was informed over the phone that the property would show better if it were professionally cleaned. I told them that the day we handed in the marketing fee the other staff at their office told us not to clean the residence before we vacated. The staff member on the phone proceeded to tell me that the residence must be cleaned monthly and they would charge a reduced price for the subsequent cleanings. I informed them that that was not in the lease agreement. I was only responsible for the one cleaning prior to the next tenant. When I told them that I was not going to pay for multiple cleanings, and I wanted to talk with a manager, the staff member said they would get back to me.
I have asked to speak with Ben Wilson directly on multiple occasions due to the incompetence of the unlicensed staff under him, citing that every time I talk to a staff member they give me a different story of my responsibilities. He has since denied or refused to respond to my pointing out of facts that his staff is/has been taking advantage of the fact that we are not in town.
Since vacating the property November 23rd, 2015 the utilities have increased in usage and cost, requested maintenance has not been done, and they are trying to charge for services I have either not agreed to. I have repeatedly asked for pictures of the alleged maintenance. (Since Ben W[redacted] says they are showing the property all the time, they can certainly take pictures while they are there.) We have spoken to the utility companies. They have told us that the usage is consistent with a person living and or using the water and electricity. we can furnish bills showing usage from when we were living there and after we vacated, if you like.
When I spoke to staff about the maintenance, I was told to request pictures at the time of service. Now, Ben W[redacted] is refusing to take pictures and is stating that he does not have to. When I confronted him about the marketing I told him it was a waste of money since they were not marketing it to the maximum degree. He stated that "it was a waste of time" and had since offered to refund the $500 fee and remove the listing from the websites.
This is the first time they have stated any reasons for prospective tenants backing out of lease agreements. As to the state of the residence I have pictures of the "condition" in which they gave it to us. We undoubtedly returned it in better condition. As I stated before, they left sections of the yard with overgrown shrubbery and grass over five feet tall. The yard maintenance crew said they would return to finish the work but, they never did.
There is no smoking permitted in the residence, yet it smelled like someone had smoked in the residence.
Due to the above reasons we have sought other licensed real estate opinions and legal counsel. They all agree that the residence should have been rented by now, if they were actively seeking, that four months is more than ample time to find a new tenant. And, due to the suspicious nature of not providing pictures of maintenance and the fact that the utilities have increased since we have vacated, we should terminate our business relationship with Nest Property Management. I have informed Ben W[redacted] via email on March 8th, 2016 of such.
Regards,
[redacted]

Dear Ms. [redacted] -Thank you for your correspondence regarding a complaint registered by our former tenants, [redacted] & [redacted]. Mr....

& Mrs. [redacted] rented a home from one of our clients and we provide services in property management for the home. The [redacted]'s moved into the home in July of 2015 and their lease goes through May of this year. In November, they contacted us needing to initiate our lease take-over process; they were moving out of town. The policies outlined in the lease agreement signed for the property states the tenants are responsible for a fee of $500 for Nest Property Management to start marketing and leasing efforts to procure a new tenant. The property was listed as available for rent the day the paperwork was returned and the fee was paid by our tenant; there was no delay, as indicated by our tenants in their complaint. At the time, our tenants were still occupying the residence and had demanded we only show the property before 10 am or after 4:30 pm -vastly limiting our ability to display the property to future/prospective tenants. After they vacated the property in December, our limitations on showing the property were relinquished. We continued to show the property and field calls from prospective tenants throughout December, January, February, and now into March the property remains vacant. Despite our best efforts we have yet to procure a tenant to take over their obligation for the lease and the [redacted]'s are, perhaps reasonably upset due to reasons beyond our control. We've fielded over forty calls from prospective tenants and have shown the property to 20+ individuals looking to rent and no one has decided to move forward with leasing the property. Over the course of time working with the [redacted]'s, our staff has tried to communicate reasons and explanations from feedback we've received - ranging from the time of year (looking to move in the summer), to the lack of a washer/dryer unit (it has hook ups, but the appliance is not included), and a myriad of other reasons that, in an effort to include them in the process and in response to demands made by our former tenants, we have shared . Our staff diligently continues to show the property and field calls to procure a new tenant for the home, but the simple fact that the market in these months is bare resonates more as an excuse with our tenants than an explanation based on facts. Mrs. [redacted] has been abusive to our staff, insulting our integrity and ethics, accusing us of many things which are not true. She requested her re-rent fee to be refunded if she were to take over the obligation of marketing and finding a new person. Despite the copious amount of effort already put forth by our staff, I agreed to refund her the money if she wished and requested her to send me an email making that request in writing. As of yet, I have not received an email from her to remove the home from our available list and so we continue to market in the hopes of finding a new tenant as soon as possible. There has been some maintenance performed in the home which is considered normal, routine wear & tear or maintenance. Our staff made the repairs but did not take any pictures of the broken or finished product. Mrs. [redacted] is leery of whether or not we completed the projects; but, the repairs were made and completed. There have been several items related to preparing the home for a new tenant which are the responsibility of our current tenant. The yard was disheveled and filled with dog feces, the home was not cleaned and the carpets were not steam cleaned, as is required in the policies associated with their lease agreement. Through the process of showing the property, we received feedback from prospective tenants that they wished to not move forward with a lease because of these conditions. This work was completed, and if not paid prior to the distribution of their security deposit, will be deducted. We have pictures of the condition, which will be provided to our current tenant with the distribution of their security deposit. Our tenant has pointed to issues with the yard prior to their move in, however those issues were taken care of by our staff on the day of their move in. Following commencement of their lease agreement, maintenance of the yard is the responsibility of the tenant. Our tenant has notified us of unusual utility bills for the property while it is vacant and we've performed an inspection to search for water leaks and found none. The heating system over the winter was set at a reasonably low temperature to maintain a suitable environment and prevent any frozen pipes. We have no explanation for the utility bills and have directed the tenant to contact the provider of those bills. We have communicated and responded to our tenant in a reasonable manner. Because of her abrasive and abusive tone and language over the phone, and also to provide for a reasonable history of our dialogue, we've requested that they communicate via email or other written form. We've responded to requests and questions; in some cases, because of the nature of the request our response has been that we have no response or answer. Our tenants have threatened us with legal action and so our responses have been tailored to provide any information for which we are required to provide, but have been reasonably restrictive with some ancillary information. We understand that our tenant is frustrated and we want nothing more than to find a tenant to replace their obligation. This experience has been unpleasant for both parties involved and we are simply trying to do the best which we are able, understanding that there are certain variables beyond our control. At no time have we, as the management company, or the Landlord breached the contract for Lease signed with the [redacted]'s. In Virginia, employees of a property management company may display a property to prospective tenants; our leasing staff is very well trained, experienced and qualified to perform the duties of showing property and are not required to be licensed Real Estate Salespeople. We've made every reasonable effort to procure a new tenant to take over their obligation and have taken our tenants best interests to heart throughout this process, despite the way our staff has been treated. Unfortunately, release from the lease obligation is not a possibility without procurement of a replacement tenant. The [redacted]'s signed a legally binding lease agreement which obligates them for rent and other responsibilities through the month of May. We will continue to market and show the property and do everything we can to find a new tenant, unless they notify us to stop - in which case, we would have no problem refunding them the fee which paid for our services. Sincerely, Benjamin M. W[redacted] Director of Property Management Nest Property Management

Review: Of the three individuals I have been corresponding with, only one has a real estate license, Ben W[redacted] He admitted to me that he only recently started handling the property in question.

There is no smoking permitted at the residence, however, our neighbors who we shared a wall with do, and on occasion our side would smell like someone had smoked in the residence.

We were told by staff not to clean the residence when we left, to wait until there was a new tenant. Later on, they were trying to tell us we were responsible for monthly cleaning and any subsequent cleaning would be at a reduced fee.

They are not providing proof of maintenance to the residence (fixing the shower curtain rod that is coming off the wall, repairing the cracked and rusted sink, fixing the hot water heater) and they are charging us for yard maintenance. We received the yard with parts of it having over 5 feet tall grass and overgrown shrubs. We were told the landscape crew would return to finish the maintenance but, they never did. Instead, my husband purchased lawn equipment and maintained the yard while we were living there.

Our utilities have gone up in usage since we left. The water company states the usage is consistent with at least one individual living at the residence. The electricity usage is higher than when the two of us lived there.

I paid the $500 marketing fee to re-rent the residence. After which, I had to ask them to actually market it and their staff stating "it's not our season." In recent conversations Ben W[redacted] has admitted to not marketing the residence in all possible forums, stating "it is a waste of time." Now, they are offering to refund the $500 and take it off the market.

They are now refusing to communicate with me via phone or email.Desired Settlement: We wish to be done with the lease agreement. Our position is they are breach of contract and thus we are no longer financially obligated to the residence.

We believe they did not market the residence to the best of their ability, was mismanaged by unlicensed staff, and hav failed to provide proof of services/maintenance.

Business

Response:

Dear Ms. [redacted] -Thank you for your correspondence regarding a complaint registered by our former tenants, [redacted] & [redacted]. Mr. & Mrs. [redacted] rented a home from one of our clients and we provide services in property management for the home. The [redacted]'s moved into the home in July of 2015 and their lease goes through May of this year. In November, they contacted us needing to initiate our lease take-over process; they were moving out of town. The policies outlined in the lease agreement signed for the property states the tenants are responsible for a fee of $500 for Nest Property Management to start marketing and leasing efforts to procure a new tenant. The property was listed as available for rent the day the paperwork was returned and the fee was paid by our tenant; there was no delay, as indicated by our tenants in their complaint. At the time, our tenants were still occupying the residence and had demanded we only show the property before 10 am or after 4:30 pm -vastly limiting our ability to display the property to future/prospective tenants. After they vacated the property in December, our limitations on showing the property were relinquished. We continued to show the property and field calls from prospective tenants throughout December, January, February, and now into March the property remains vacant. Despite our best efforts we have yet to procure a tenant to take over their obligation for the lease and the [redacted]'s are, perhaps reasonably upset due to reasons beyond our control. We've fielded over forty calls from prospective tenants and have shown the property to 20+ individuals looking to rent and no one has decided to move forward with leasing the property. Over the course of time working with the [redacted]'s, our staff has tried to communicate reasons and explanations from feedback we've received - ranging from the time of year (looking to move in the summer), to the lack of a washer/dryer unit (it has hook ups, but the appliance is not included), and a myriad of other reasons that, in an effort to include them in the process and in response to demands made by our former tenants, we have shared . Our staff diligently continues to show the property and field calls to procure a new tenant for the home, but the simple fact that the market in these months is bare resonates more as an excuse with our tenants than an explanation based on facts. Mrs. [redacted] has been abusive to our staff, insulting our integrity and ethics, accusing us of many things which are not true. She requested her re-rent fee to be refunded if she were to take over the obligation of marketing and finding a new person. Despite the copious amount of effort already put forth by our staff, I agreed to refund her the money if she wished and requested her to send me an email making that request in writing. As of yet, I have not received an email from her to remove the home from our available list and so we continue to market in the hopes of finding a new tenant as soon as possible. There has been some maintenance performed in the home which is considered normal, routine wear & tear or maintenance. Our staff made the repairs but did not take any pictures of the broken or finished product. Mrs. [redacted] is leery of whether or not we completed the projects; but, the repairs were made and completed. There have been several items related to preparing the home for a new tenant which are the responsibility of our current tenant. The yard was disheveled and filled with dog feces, the home was not cleaned and the carpets were not steam cleaned, as is required in the policies associated with their lease agreement. Through the process of showing the property, we received feedback from prospective tenants that they wished to not move forward with a lease because of these conditions. This work was completed, and if not paid prior to the distribution of their security deposit, will be deducted. We have pictures of the condition, which will be provided to our current tenant with the distribution of their security deposit. Our tenant has pointed to issues with the yard prior to their move in, however those issues were taken care of by our staff on the day of their move in. Following commencement of their lease agreement, maintenance of the yard is the responsibility of the tenant. Our tenant has notified us of unusual utility bills for the property while it is vacant and we've performed an inspection to search for water leaks and found none. The heating system over the winter was set at a reasonably low temperature to maintain a suitable environment and prevent any frozen pipes. We have no explanation for the utility bills and have directed the tenant to contact the provider of those bills. We have communicated and responded to our tenant in a reasonable manner. Because of her abrasive and abusive tone and language over the phone, and also to provide for a reasonable history of our dialogue, we've requested that they communicate via email or other written form. We've responded to requests and questions; in some cases, because of the nature of the request our response has been that we have no response or answer. Our tenants have threatened us with legal action and so our responses have been tailored to provide any information for which we are required to provide, but have been reasonably restrictive with some ancillary information. We understand that our tenant is frustrated and we want nothing more than to find a tenant to replace their obligation. This experience has been unpleasant for both parties involved and we are simply trying to do the best which we are able, understanding that there are certain variables beyond our control. At no time have we, as the management company, or the Landlord breached the contract for Lease signed with the [redacted]'s. In Virginia, employees of a property management company may display a property to prospective tenants; our leasing staff is very well trained, experienced and qualified to perform the duties of showing property and are not required to be licensed Real Estate Salespeople. We've made every reasonable effort to procure a new tenant to take over their obligation and have taken our tenants best interests to heart throughout this process, despite the way our staff has been treated. Unfortunately, release from the lease obligation is not a possibility without procurement of a replacement tenant. The [redacted]'s signed a legally binding lease agreement which obligates them for rent and other responsibilities through the month of May. We will continue to market and show the property and do everything we can to find a new tenant, unless they notify us to stop - in which case, we would have no problem refunding them the fee which paid for our services. Sincerely, Benjamin M. W[redacted] Director of Property Management Nest Property Management

Consumer

Response:

I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

We informed Nest Property Management that we would be leaving the area and wished to have the property relisted for rent. I wrote and delivered the $500 check November 9th, 2015. When we dropped off the check, the staff informed us that this "isn't their season" to rent properties. As I'm handing over the check they are admitting that they are not going to put forth any effort to get a new tenant. I checked the internet daily for the listing of [redacted] to make sure it was being marketed. On November 12th, 2015 I sent an email to Abbey G[redacted] inquiring about whether they were going to advertise the listing anywhere other than one website ([redacted]). I had a phone conversation with a staff member at Nest Property Management stating that it should be on other websites by the end of the week. I informed the staff multiple times via email that we would be out of the townhouse by November 23rd, 2015 and the residence could be shown at anytime after that.I received an email from Ally A[redacted] on November 17th, 2015 that scheduled preventative maintenance would take place November 19th, 2015. I replied via email stating my concerns of the short notice, that we have a dog and would not feel comfortable having a stranger alone in the townhouse with the dog and it was too late to make other arrangements for our dog to be elsewhere. I explained to her that it would not be healthy to "secure" our dog in a single room, or "secure" him outside all day with a stranger at the residence. Our dog is not violent but, we wanted to prevent the unknown from happening and protect all parties involved. Her solution was to have two strangers alone in the townhouse with the dog (implying a staff member and the maintenance worker would be alone with our dog). I explained to her that this was not acceptable, offered alternative times (before my husband went to work around 10:00, after I came home around 4:30, anytime during the weekend, or anytime at all after we vacated). Because this was "scheduled routine maintenance" I assumed they had more than two days notice and could reschedule. The staff informed us that they were not going to reschedule and go through with the maintenance without our permission to enter the townhouse. My husband spoke with staff as well and had to all but threaten to call the police if they entered without our permission after we had discussed our concerns.

Nest property management said they wanted to "show" the property the afternoon we were actively moving out of the residence. I explained that there were boxes everywhere to the point that you almost couldn't move and actually see the residence but, I reluctantly agreed. According to Nest Property Management the prospective tenants eventually backed out of the lease agreement. In January 2016, staff informed me that the property needed to be cleaned and that if we did not respond they would move forward. I asked whether the residence had been re-rented. It had not. I was informed over the phone that the property would show better if it were professionally cleaned. I told them that the day we handed in the marketing fee the other staff at their office told us not to clean the residence before we vacated. The staff member on the phone proceeded to tell me that the residence must be cleaned monthly and they would charge a reduced price for the subsequent cleanings. I informed them that that was not in the lease agreement. I was only responsible for the one cleaning prior to the next tenant. When I told them that I was not going to pay for multiple cleanings, and I wanted to talk with a manager, the staff member said they would get back to me. I have asked to speak with Ben Wilson directly on multiple occasions due to the incompetence of the unlicensed staff under him, citing that every time I talk to a staff member they give me a different story of my responsibilities. He has since denied or refused to respond to my pointing out of facts that his staff is/has been taking advantage of the fact that we are not in town. Since vacating the property November 23rd, 2015 the utilities have increased in usage and cost, requested maintenance has not been done, and they are trying to charge for services I have either not agreed to. I have repeatedly asked for pictures of the alleged maintenance. (Since Ben W[redacted] says they are showing the property all the time, they can certainly take pictures while they are there.) We have spoken to the utility companies. They have told us that the usage is consistent with a person living and or using the water and electricity. we can furnish bills showing usage from when we were living there and after we vacated, if you like.When I spoke to staff about the maintenance, I was told to request pictures at the time of service. Now, Ben W[redacted] is refusing to take pictures and is stating that he does not have to. When I confronted him about the marketing I told him it was a waste of money since they were not marketing it to the maximum degree. He stated that "it was a waste of time" and had since offered to refund the $500 fee and remove the listing from the websites.This is the first time they have stated any reasons for prospective tenants backing out of lease agreements. As to the state of the residence I have pictures of the "condition" in which they gave it to us. We undoubtedly returned it in better condition. As I stated before, they left sections of the yard with overgrown shrubbery and grass over five feet tall. The yard maintenance crew said they would return to finish the work but, they never did. There is no smoking permitted in the residence, yet it smelled like someone had smoked in the residence.Due to the above reasons we have sought other licensed real estate opinions and legal counsel. They all agree that the residence should have been rented by now, if they were actively seeking, that four months is more than ample time to find a new tenant. And, due to the suspicious nature of not providing pictures of maintenance and the fact that the utilities have increased since we have vacated, we should terminate our business relationship with Nest Property Management. I have informed Ben W[redacted] via email on March 8th, 2016 of such.

Regards,

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Description: Real Estate, Offices of Real Estate Agents and Brokers (NAICS: 531210)

Address: 397 Merrimon Ave, Asheville, North Carolina, United States, 28801

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