Property Advisors Realty

Initial Business Response /* (1000, 8, 2016/01/11) */
Buyer was represented by a different Real Estate company other than oursThe Purchaser of the property purchased a bank foreclosure being sold AS ISThe buyer signed documents indicating that on date of closing of the property they accept the
property in AS IS condition and accept property in its current conditionThis is what they signed**Condition of PropertyPURCHASER ACKNOWLEDGES AND UNDERSTANDS THAT SELLER
ACQUIRED THE PROPERTY BY FORECLOSURE, DEED IN LIEU OF FORECLOSURE, FORFEITURE,
TAX SALE, RIGHT OF EMINENT DOMAIN OR SIMILAR PROCESS, AND SELLER CONSEQUENTLY
HAS NO DIRECT KNOWLEDGE CONCERNING THE CONDITION OF THE PROPERTYAS A
MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY SELLER UNDER THIS
AGREEMENT AS NEGOTIATED AND AGREED TO BY PURCHASER AND SELLER, PURCHASER
ACKNOWLEDGES AND AGREES TO ACCEPT THE PROPERTY IN "AS-IS," "WHERE-IS" CONDITION
AT THE TIME OF CLOSING, INCLUDING, WITHOUT LIMITATION, ANY HIDDEN DEFECTS,
ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, OR THE EXISTENCE OF MOLD (AS
DEFINED BELOW), WHETHER KNOWN OR UNKNOWN, WHETHER SUCH DEFECTS OR
CONDITIONS WERE DISCOVERABLE THROUGH INSPECTION OR NOTPURCHASER
ACKNOWLEDGES THAT SELLER, ITS AGENTS AND REPRESENTATIVES HAVE NOT MADE, AND
SELLER SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES,
PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES, IMPLIED OR EXPRESS, ORAL OR
WRITTEN IN RESPECT**
Our company did not own the property, we just represented the sellerThe buyer had an inspection completed and requested the in-floor heating system be looked intoThe owner(bank) of the property agreed to have a furnace company look into the issue and made repairs limited to a certain dollar amountThe buyer with their Realtor did there walk throughout before closingThe closing was in August of We never heard any more until nowmonths laterFYII am not the party that approves or does any of the repairsAlso, prior to the buyers purchasing the property I was showing the property to some potential buyers about the 4th of JulyWe made the showing for the same time the annual fireworks in the area takes placeThis is a lake property, with lots of activity on the lake at that timeI thought it would be a good marketing strategy to bring a potential buyer out to the property during that event
Initial Consumer Rebuttal /* (3000, 10, 2016/01/11) */
(The consumer indicated he/she DID NOT accept the response from the business.)
What is being neglected in the response, is that yes the agreement was "as is" with the EXCEPTION of the heated floors which were to be in 100% working orderWe were aware that the floors did not work as well asa host of other issues based on neighbor feedback and inspection resultsThe only thing we asked to be fixed were the floors, nothing else
When it came time to move forward, our relator was told from this individual that yes in fact the floors were now in 100% working orderThus we went ahead with the saleWe, nor our relator, did not even consider that there would be an element of dishonesty or lack of integrity when dealing with a million dollar home sale
We were never made aware of any $ amount cap associated with the repairs of the floors by the bankOur on-going request was the floors be fixed and we were told the bank approved completing that one fix in order to move the deal forwardAs this realtor stated, he may not have had the power to approve the repairs be done but the bank did approve them and he was held responsible to make sure the agreed upon repairs were done as he was hired to broker the deal for the bank who owned the property
The time lapse for the complaint is because we have been trying to figure out what is actually wrong with portions of the floors by hiring several heating floor specialistsWe were hoping, if the repairs turned out to be minimal in cost we would just absorb it and be doneThe one minor repair that was done by the "said realtor" burnt out (replacing the pump motor- it was too small for the house and it was installed backwards)However we have spent thousands of dollars of our own and are still coming out with floors that do not work 100% and the root of the problem has yet to be identifiedWhich means even more money
As far as the "entertaining" there were a lot more people here than just this relator and another coupleWe live in very close proximity to our neighbors thus it is very difficult to entertain without all the neighbors knowing what you are doingPlus this neighborhood is very tight knit and very protective of its surroundingsIt was a party
According to my conversation with the relator licensing bureau of Minnesota any type of entertaining from a relator representing a property on the market would conclude in an automatic revocation of their licenseFurthermore, the neighbors had issues with swallow nests that had been allowed to develop and multiply thus impacting neighboring homes as wellThey had spoken to "said realtor" several times to no availAfter the festivities, they again contacted "said relator" and indicated that they would contact the licensing bureau and report him if he did not take the time to clean up the exterior issues and "said relator" was on it the next dayI think that speaks volumes
We simply want what was agreed upon as part of the sale....All the floors would be in 100% working order
The Minnesota Commerce has also been contacted via the direction of the Minnesota Realtor Licensing BureauI was also told to contact the bank this realtor was representing to inform them of the conduct of "said relator."
Final Consumer Response /* (3000, 14, 2016/01/18) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I am happy to produce documentation that is still on-going with regard to trying to figure out why specific zones are still not workingOur documentation will prove it is nothing we did as the original issue of the floors not working is still the case
As previously stated we were trying and still are to figure out what is going on and did not find out things were not working properly until the first winterWe did not have an opportunity to test the floors completely prior to closing due to the need for speed from the seller to close this dealWhich goes back to the honesty of this broker who assured us and our realtor all was in proper working orderWhich according to the individual he hired to fix it told him he could not quarantee it was in fact all working
Back to our purchase of "as is" as stated before, it was "as is" minus the heated floors
This broker was hired to represent the seller as they were located in NYThe broker was responsible to facilitate the completion of the agreed upon repairsIt appears he just quickly wanted to get his commission and move on
Some of that commission should be used to complete the agreed upon repairs
Final Business Response /* (4000, 12, 2016/01/18) */
The purchaser purchased a FORECLOSUREThe lender sells their properties AS IS subject to any negotiated inspections or repairs with an APPROVED dollar amount for any and all repairs or inspectionsThe buyer of this property was represented by a different Real Estate company then oursPrior to the purchase the buyer had a property inspection completedAfter the inspection was completed they requested a HVAC company take a look at the in-floor heating systemSome repairs were needed to get the system operatingThe seller agree to pay XX amount towards those repairsNothing more and nothing lessThis property was purchase in August of We have heard nothing about this until January of The buyer signed a document at closing which stated they accept the property in its current conditionSEE STATEMENT BELOW:
Condition of PropertyPURCHASER ACKNOWLEDGES AND UNDERSTANDS THAT SELLER
ACQUIRED THE PROPERTY BY FORECLOSURE, DEED IN LIEU OF FORECLOSURE, FORFEITURE,
TAX SALE, RIGHT OF EMINENT DOMAIN OR SIMILAR PROCESS, AND SELLER CONSEQUENTLY
HAS NO DIRECT KNOWLEDGE CONCERNING THE CONDITION OF THE PROPERTYAS A
MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY SELLER UNDER THIS
AGREEMENT AS NEGOTIATED AND AGREED TO BY PURCHASER AND SELLER, PURCHASER
ACKNOWLEDGES AND AGREES TO ACCEPT THE PROPERTY IN "AS-IS," "WHERE-IS" CONDITION
AT THE TIME OF CLOSING, INCLUDING, WITHOUT LIMITATION, ANY HIDDEN DEFECTS,
ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, OR THE EXISTENCE OF MOLD (AS
DEFINED BELOW), WHETHER KNOWN OR UNKNOWN, WHETHER SUCH DEFECTS OR
CONDITIONS WERE DISCOVERABLE THROUGH INSPECTION OR NOTPURCHASER
ACKNOWLEDGES THAT SELLER, ITS AGENTS AND REPRESENTATIVES HAVE NOT MADE, AND
SELLER SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES,
PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES, IMPLIED OR EXPRESS, ORAL OR
WRITTEN IN RESPECT TO:
(a) THE PHYSICAL CONDITION OR ANY OTHER ASPECT OF THE PROPERTY,
INCLUDING THE STRUCTURAL INTEGRITY OR THE QUALITY OR CHARACTER OF MATERIALS
USED IN CONSTRUCTION OF ANY IMPROVEMENTS, AVAILABILITY AND QUANTITY OR QUALITY
OF WATER, STABILITY OF THE SOIL, SUSCEPTIBILITY TO LANDSLIDE OR FLOODING,
SUFFICIENCY OF DRAINAGE, WATER LEAKS, WATER DAMAGE, MOLD OR ANY OTHER MATTER
AFFECTING THE STABILITY, INTEGRITY OR SAFETY OF THE PROPERTY OR IMPROVEMENTS
(b) THE CONFORMITY OF THE PROPERTY OR THE IMPROVEMENTS TO ANY
ENVIRONMENTAL, ZONING, LAND USE OR BUILDING CODE REQUIREMENTS OR COMPLIANCE
WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY FEDERAL, STATE OR LOCAL
GOVERNMENTAL AUTHORITY, OR THE GRANTING OF ANY REQUIRED PERMITS OR
APPROVALS, IF ANY, OF ANY GOVERNMENTAL BODIES WHICH HAD JURISDICTION OVER THE
CONSTRUCTION OF THE ORIGINAL STRUCTURE, ANY IMPROVEMENTS AND/OR ANY
REMODELING OF THE STRUCTURE
(c) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR IMPROVEMENTS, INCLUDING
REDHIBITORY VICES AND DEFECTS, APPARENT, NONAPPARENT OR LATENT, WHICH NOW
EXIST OR WHICH MAY HEREAFTER EXIST AND WHICH IF KNOWN TO PURCHASER, WOULD
CAUSE PURCHASER TO REFUSE TO PURCHASE THE PROPERTY
(d) Mold, mildew, spores and/or other microscopic organisms and/or allergens (collectively
referred to herein as "Mold") are environmental conditions that are common in residential properties and
may affect the PropertyMold, in some forms, has been reported to be toxic and to cause serious
physical injuries, including but not limited to allergic and/or respiratory reactions or other problems,
particularly in persons with immune system problems, young children and/or elderly personsMold has
also been reported to cause extensive damage to personal and real propertyMold may have been
removed or covered in the course of any cleaning or repair of the PropertyPurchaser acknowledges that
if Seller or any of Seller's employees, contractors, or agents cleaned or repaired the Property or
remediated Mold contamination, Seller does not in any way warrant the cleaning, repair or
remediationPurchaser accepts full responsibility for all hazards that may result from the presence of
Mold in or around the PropertyPurchaser is satisfied with the condition of the Property notwithstanding
the past or present existence of Mold in or around the Property, and Purchaser has not in any way relied
upon any representations of Seller, Seller's employees, officers, directors, contractors, or agents
concerning the past or present existence of Mold in or around the Property
***
It is my opinion that if the buyer had any issues with the heating system they should have been address prior to closingThey could have tried to request additional repairs to the heating system if they were neededThe seller may have increased the selling price to cover this costAlso, I am not the party that I responsible for repairing the heating systemIt appears a bit odd that the buyer went through one heating season and half way into the 2nd heating season before making this complaintDid they the buyer cause the system to malfunction in the 2nd heating system?