Initial Business Response /* (1000, 5, 2014/02/10) */
In response to the letter of complaint from [redacted]. Please see from the enclosed PDF file that we have acted in accordence to out Management Agreement and at no time were we holding anything back from Ms. [redacted]. As you can...
see from the enclosed Statements we have accounted for the retainer each month and have no funds of Ms, [redacted] on hand. Oakwood is at a loss how best to satisfy Ms. [redacted] and eagerly await your decision.
Pages 1-5 of the PDF file is a copy of Ms [redacted] Management Agreement which states our fees, page 4, clause (10-a), the retainer and use there of Page 4, clause (9), she has agreed to pay Oakwood all costs incured on her property page 2, clause (4a-i) and has given Oakwood exclusive authority to manage her unit and purchase/repair what Oakwood deems advisable or neccessary. Page 2, clause (4d). Termination of contract is on page 1, clause (2).
Pages 6 to 21 of the PDF file have Ms. [redacted] monthly Statements and the accounting for the retainer Ms. [redacted] has made reference too. As you can see it was paid back to her on December statment, less the costs of vacancy.
Pages 22 to 24 are copies of the rental applications we ran on Equifax and charged Ms [redacted] 70.00 for.
Pages 25 to 28 are copies of the ad we ran in Rentfaster for advertising of the unit of $21.00.
Pages 29 to 32 are copies of the pictures of the state of cleanliness in which Ms. [redacted] returned her unit and expected us to rent it out as such.
Pages 33 to 38 are correspondence re: Kitchen Utensils.
Pages 39 to 40 are Oakwoods expectation of furnished rental units.
Pages 41 to 43 are correspondence re: stain on Balcony.
Pages 44 to 52 are correspondence of Ms. [redacted] termination of contract with Oakwood Management.
Sincerely
[redacted]
Broker
Final Consumer Response /* (3000, 7, 2014/02/13) */
1) Their last invoice dated Dec 2013 shows the balance is $0, signed by [redacted] the manager, yet it should be $262.50 (see the attached PDF as evidence).
2) Regardless of my request for a complete financially statement, they only provided monthly statements which easily resulted into some mistake as mentioned above. The attached is a complete financially statement which shows how the balance of $262.50 is calculated for your reference. Unless they can show me any mistake in the statement, they have to return the retainer balance ASAP.
Initial Business Response /* (1000, 5, 2014/11/03) */
This is in response to the complaint by one Alan [redacted].
I can only assume Mr. [redacted] provided you with a copy of the Management Agreement he has with Oakwood Management Ltd. and therein you have found that Oakwood has the exclusive...
authority to manage the said property. This simply means that Oakwood does everything and the owner does nothing. We (Oakwood) have managed his property to the letter of our contract and beyond since Mr. [redacted] is, what is defined in the industry, and intervening and or interfering owner. We have done all we can to best serve him with a long term tenant who laments and complains that Oakwood follows the law of the land, much to their chagrin. Mr. [redacted] made it clear he wanted more money from this house so since we had a long term tenant we have cancelled our services thus Mr. [redacted] no longer has to pay management fees. I will not detail our management responsibilities in this medium since our contract is plain English and such is the language of choice for Mr. [redacted] so Oakwood contends there has been no confusion.
[redacted], Broker
Office (XXX) XXX-XXXX
Fax (XXX) XXX-XXXX
Oakwood Management Ltd.
XXXXXA-99 Avenue
Fort Sask., AB T8L 1Y1
Please email [redacted]@telusplanet.net for immediate action as it is checked daily.
Monday - Friday, 8:30am to 4:30pm, with a lunch between 12:00pm - 1:00pm
Initial Consumer Rebuttal /* (3000, 7, 2014/11/08) */
(The consumer indicated he/she DID NOT accept the response from the business.)
My specific issue(s) with Mr. [redacted]'s (The Broker's) business conduct are the following:
He terminated the contract immediately after my request for information pertaining to the management/tenant relationship due to the tenant's arrears. As I do not receive money from the management company until the tenant pays, I believe that I have the right to understand the processes and steps taken by the management company to ensure timely and adequate payment of rent, as any failure on the part of the management company to collect on said rent directly and negatively impacts me. The two options I believe a reasonable and responsible business practitioner could carry out in this instance are:
-In the interest of professional transparency, i.e. to demonstrate to the client that the services provided are exactly as outlined in the agreement, he provides the requested information to the best of his abilities.
-If the information is contractually stated to be confidential and cannot be revealed to the client, that he inform me in a professional manner, citing the pertinent sections of the agreement.
Mr. [redacted] failed to do either of the above. It is on these grounds that I find Mr. [redacted]'s dismissal of my request and termination of contract to be unprofessional and not in keeping with the terms of the management agreement.
Final Business Response /* (4000, 23, 2015/06/15) */
You have received a copy of the management agreement in question and you will see it was duly terminated as at November 30 of the year in question and fees were taken accordingly as directed in the agreement. Mr. [redacted] is well aware the Management fee is NOT coincidental with the rent received and what he is admitting to that since he took over he did not receive any pending arrears. Oakwood did provide services in the month in question and Mr. [redacted] will not be receiving any more money from Oakwood. If he was to read carefully the Management Agreement he would see things are clearly spelled out but perhaps he has a selective literary deficiency of sorts.
[redacted]
Broker
Final Consumer Response /* (4200, 25, 2015/06/16) */
(The consumer indicated he/she DID NOT accept the response from the business.)
No services were provided by Oakwood Management for the month of November 2014, the month in question.
Initial Business Response /* (1000, 5, 2014/02/10) */
In response to the letter of complaint from [redacted]. Please see from the enclosed PDF file that we have acted in accordence to out Management Agreement and at no time were we holding anything back from Ms. [redacted]. As you can...
see from the enclosed Statements we have accounted for the retainer each month and have no funds of Ms, [redacted] on hand. Oakwood is at a loss how best to satisfy Ms. [redacted] and eagerly await your decision.
Pages 1-5 of the PDF file is a copy of Ms [redacted] Management Agreement which states our fees, page 4, clause (10-a), the retainer and use there of Page 4, clause (9), she has agreed to pay Oakwood all costs incured on her property page 2, clause (4a-i) and has given Oakwood exclusive authority to manage her unit and purchase/repair what Oakwood deems advisable or neccessary. Page 2, clause (4d). Termination of contract is on page 1, clause (2).
Pages 6 to 21 of the PDF file have Ms. [redacted] monthly Statements and the accounting for the retainer Ms. [redacted] has made reference too. As you can see it was paid back to her on December statment, less the costs of vacancy.
Pages 22 to 24 are copies of the rental applications we ran on Equifax and charged Ms [redacted] 70.00 for.
Pages 25 to 28 are copies of the ad we ran in Rentfaster for advertising of the unit of $21.00.
Pages 29 to 32 are copies of the pictures of the state of cleanliness in which Ms. [redacted] returned her unit and expected us to rent it out as such.
Pages 33 to 38 are correspondence re: Kitchen Utensils.
Pages 39 to 40 are Oakwoods expectation of furnished rental units.
Pages 41 to 43 are correspondence re: stain on Balcony.
Pages 44 to 52 are correspondence of Ms. [redacted] termination of contract with Oakwood Management.
Sincerely
[redacted]
Broker
Final Consumer Response /* (3000, 7, 2014/02/13) */
1) Their last invoice dated Dec 2013 shows the balance is $0, signed by [redacted] the manager, yet it should be $262.50 (see the attached PDF as evidence).
2) Regardless of my request for a complete financially statement, they only provided monthly statements which easily resulted into some mistake as mentioned above. The attached is a complete financially statement which shows how the balance of $262.50 is calculated for your reference. Unless they can show me any mistake in the statement, they have to return the retainer balance ASAP.
Initial Business Response /* (1000, 5, 2014/11/03) */
This is in response to the complaint by one Alan [redacted].
I can only assume Mr. [redacted] provided you with a copy of the Management Agreement he has with Oakwood Management Ltd. and therein you have found that Oakwood has the exclusive...
authority to manage the said property. This simply means that Oakwood does everything and the owner does nothing. We (Oakwood) have managed his property to the letter of our contract and beyond since Mr. [redacted] is, what is defined in the industry, and intervening and or interfering owner. We have done all we can to best serve him with a long term tenant who laments and complains that Oakwood follows the law of the land, much to their chagrin. Mr. [redacted] made it clear he wanted more money from this house so since we had a long term tenant we have cancelled our services thus Mr. [redacted] no longer has to pay management fees. I will not detail our management responsibilities in this medium since our contract is plain English and such is the language of choice for Mr. [redacted] so Oakwood contends there has been no confusion.
[redacted], Broker
Office (XXX) XXX-XXXX
Fax (XXX) XXX-XXXX
Oakwood Management Ltd.
XXXXXA-99 Avenue
Fort Sask., AB T8L 1Y1
Please email [redacted]@telusplanet.net for immediate action as it is checked daily.
Monday - Friday, 8:30am to 4:30pm, with a lunch between 12:00pm - 1:00pm
Initial Consumer Rebuttal /* (3000, 7, 2014/11/08) */
(The consumer indicated he/she DID NOT accept the response from the business.)
My specific issue(s) with Mr. [redacted]'s (The Broker's) business conduct are the following:
He terminated the contract immediately after my request for information pertaining to the management/tenant relationship due to the tenant's arrears. As I do not receive money from the management company until the tenant pays, I believe that I have the right to understand the processes and steps taken by the management company to ensure timely and adequate payment of rent, as any failure on the part of the management company to collect on said rent directly and negatively impacts me. The two options I believe a reasonable and responsible business practitioner could carry out in this instance are:
-In the interest of professional transparency, i.e. to demonstrate to the client that the services provided are exactly as outlined in the agreement, he provides the requested information to the best of his abilities.
-If the information is contractually stated to be confidential and cannot be revealed to the client, that he inform me in a professional manner, citing the pertinent sections of the agreement.
Mr. [redacted] failed to do either of the above. It is on these grounds that I find Mr. [redacted]'s dismissal of my request and termination of contract to be unprofessional and not in keeping with the terms of the management agreement.
Final Business Response /* (4000, 23, 2015/06/15) */
You have received a copy of the management agreement in question and you will see it was duly terminated as at November 30 of the year in question and fees were taken accordingly as directed in the agreement. Mr. [redacted] is well aware the Management fee is NOT coincidental with the rent received and what he is admitting to that since he took over he did not receive any pending arrears. Oakwood did provide services in the month in question and Mr. [redacted] will not be receiving any more money from Oakwood. If he was to read carefully the Management Agreement he would see things are clearly spelled out but perhaps he has a selective literary deficiency of sorts.
[redacted]
Broker
Final Consumer Response /* (4200, 25, 2015/06/16) */
(The consumer indicated he/she DID NOT accept the response from the business.)
No services were provided by Oakwood Management for the month of November 2014, the month in question.