Nipomo Properties

Review: Recently I became aware that Phillip L. Burchfield of Nipomo Properties violated not only the law, but the NATIONAL ASSOCIATION OF REALTORS Code of Ethics and Standards of Practice. I will go through his violations in order of Articles.Article 1 Fiduciary duty to client.The Agent is supposed to protect and promote the interests of their client. THIS OBILGATION TO CLIENT IS PRIMARY.STANDARDS OF PRACTICE 1-6REALTORS shall submit offers and counter-offers objectively and as quickly as possible.STANDARDS OF PRACTIC 1-7When acting as listing brokers REALTORS shall continue to submit to the seller/landlord all offers and counter-offers until closing.In October of 2013 I presented Phillip Burchfield with a counter offer. He refused to accept my counter offer.In October 2013 I asked that my listing be changed to reflect that I would take backup offers, once again he refused stating that he did not like being in second position.I did not know at the time that he was violating the law. I found out this past week and am therefore filing this claim.Article 1 Obligation to treat all parties honestly.Phillip Burchfield took it upon himself to cancel the offer that he had taken from another real estate agent. He WAS NOT AUTHORIZED BY ME TO DO SO. I wanted to make a backup offer.He pulled my listing from the MLS without my knowledge or approval.I did not know he had done either of these things until the past week. I wanted my listing left on the MLS stating I was receiving backup offers. Although he has removed the listing from the MLS and has done NOTHING to promote the sale of the property he refuses to release the listing.Article 9 Shall make reasonable efforts to explain the nature and disclose the specific terms of the contractual relationship being established prior to it being agreed to by a contracting party.On October 5, 2012 The listing Modification of Terms/Addendum to Authorization & Right to Sell I was sent had an end date of January 11, 2014. The form was not filled out and did not list the agreed upon terms that I was simply adding a few months to the listing. When the form was received the ending date was December 31, 2014 and I did not notice the change. This change was not discussed with me. The only thing discussed was writing in the area that was left blank.I believe that STRONG DISCIPLINARY ACTION IS REQUIRED. The STATE BOARD OF REAL ESTATE has been notified and I will keep them apprised of your response to the fraud that was committed against me.The only reason that I signed an extension with Phil is that he called and said he had a full price offer. I told him that I had the property in Escrow, but wasnt sure it would close. I had reserved the right to sell the property myself which is what I had done. Phil refused to give me a one party listing and insisted I sign a Modification of Terms/Addendum to Authorization & Right to Sell and extend the listing with him. Once again I continued to reserve the right to sell the property myself as stated on the original contract.I called Phil and wanted to counter and have the new offer be a backup offer. He refused to write up the counter offer This is a breach of contract and also illegal.I didnt notice that the new contract went for almost 2 years. This is an unrealistic length of time. Please note that the property has not been on the MLS for over a year. Nipomo Properties has made no effort to sell the property. I have already requested a cancellation on my contract with Nipomo Properties which I was coerced into signing under false pretenses. Neither Phil, nor Nipomo Properties have responded to my written request another indication of their unprofessionalism.Desired Settlement: We want the contract released. We want this to be noted at the Revdex.com - we don't want him to show up as an approved member simply because he releases the contract. This man has broken the law and no one else should fall prey to him.Many years ago my dad filed a claim and all that happened was the company paid and joined the Revdex.com and the problem dissapeared.This company operates outside the boundaries of the law and ethics required of its profession.