Re/Max Realty Advantage

August 5, sans-serif;">To: [redacted] , Dispute Resolution Specialist Revdex.com From: [redacted] In response to complaint by [redacted] against [redacted] Bad practice absolutely not true statementRe/Max Realty Advantage has nothing to do with this issueI am a REBroker in the State of Texas and on or about 5/16/Ms [redacted] asked me to manage a property she had purchased located at [redacted] ***, at this time my office was located at [redacted] ***Many people were investing in rental properties at this time and we received many property management referrals from [redacted] ***, who was located at the same address We priced her rental home at market value each time it came up for renewalPrices fluctuated over the years, but at each renewal she wanted the property leased quickly with no down time and we always priced it within current market, Prices per square foot ranged from $.56-per sq, ft Subject property is sqftper BAD so price was always within market range ($.65) to lease quickly We cannot control the cleanliness of a tenant as they are given the "right of quiet enjoyment" when they lease a homeThe house was not destroyed when the owner asked to manage the property and I met with her and the tenant at the property, approx3/26/The pet deposit was not hidden; in fact it was handed over to the owner along with the security deposit at that timeThe pet agreement was signed by the tenant indicating a pet deposit and owner was given a copy of this agreement All repair requests were handled in a timely manner so that minor issues could be fixed before they became majorThe repairs, per the lease agreement were the owner's responsibilityAll copies of invoices were always provided to the ownerThe repairs were always face value as we do not make any money on repairs There was no health issues mentioned, the tenant preferred to remain in the house until school endedThe owner said she needed to move back into the house as she was going through a divorce battle and could no longer to lease itShe and the tenant worked out an agreement for him to stay until school ended and he would pay increased rent to do soThis was between tenant and owner as my management agreement was terminated on 3/26/(please see attached termination agreement) and all funds being held were given to the owner at that timeI have no control over the tenant leaving or the condition of the property when they leftShe cannot come back months after our termination agreement and her taking over the management of the property and ask for anything I am not mad whatsoever; I Just have nothing to say the Ms***She has attempted to complain to anyone that will listen to her, [redacted] at Re/Max, [redacted] (who found no fault with me or my services) my handyman (who asked her not to call him and that I was one of the most ethical people he knew), etcTo the contrary, she seems to be the one that is madShe demanded her house back, demanded all the deposits, demanded the tenant pay more rent during the last two months and AugL 3:18PM REMAX Realty Advantage No P now is trying to find someone to pay for work needed on her houseShe paid for necessary tenant requested repairs but never any money on maintaining the houseOwners either pay as they go or pay at the end of a lease, but it is her responsibility to maintain the houseTenant was responsible for anything over and above wear and tear (per lease agreement)He made a written agreement with the owner to clean carpet, dean property, replace broken soap dish, touch up paint, do yard work during the last few months before he moved out Broker is not responsible for any damages, or tenant breach of leaseThe owner had days after the lease ended to send tenant his deposit or a letter and copies of all receipts outlining repairs made to the property cause by the tenantTenant, in turn had days to respond I did indeed visit the property during the term; I am always out in the field and go by my properties often I resent the implications implied and stated in this complaint that I am less than honestThis is not a factual statement Ms [redacted] has had much drama in her life during the term of our agreementGoing through a divorce is not easy and she would forget to renew her insurance policy and to pay her HOA fees, so we were always generous and paid them on her behalf and pay ourselves back with future rent receivedShe was quite happy with us and couldn't thank us enough over the yearsShe was sent an accounting every month along with copies of every receiptIf she has been so unhappy with our services, she could have cancelled the management agreement at any time, simply with a days noticeShe never did this until her finances became dire and as she told me, she desperately needed the deposit money as her divorce had tied up her assetsShe was very determined to obtain the deposit checks quicklyPerhaps she used the money for something else, I don't know but it seems to me that the items tenant agreed to do, could certainly be done with the $1,she was given She needs to take responsibility for her house, her current personal problems, repair and maintain her house as needed and move forward with her lifeShe is being advised by unprofessional friends and acquaintances, who instead of helping her through; are keeping her fired up with incorrect advice I regret the situation she finds herself In, I am sympathetic but as explained, I am not the one she needs to look to, did not live in the house and I more than fulfilled my obligations to Ms***, also as already explained She needs to withdraw this complaintI have mails to back up every statement made Regards, • [redacted]

August 5, 2014
sans-serif;">To: [redacted], Dispute Resolution Specialist Revdex.com
From: [redacted]
In response to complaint by [redacted] against [redacted]
Bad practice absolutely not true statement. Re/Max Realty Advantage has nothing to do with this issue. I am a R. E. Broker in the State of Texas and on or about 5/16/2007 Ms. [redacted] asked me to manage a property she had purchased located at [redacted], at this time my office was located at [redacted]. Many people were investing in rental properties at this time and we received many property management referrals from [redacted], who was located at the same address.
We priced her rental home at market value each time it came up for renewal. Prices fluctuated over the years, but at each renewal she wanted the property leased quickly with no down time and we always priced it within current market, Prices per square foot ranged from $.56-5.69 per sq, ft.
Subject property is 1765 sq. ft. per BAD so price was always within market range ($.65) to lease quickly.
We cannot control the cleanliness of a tenant as they are given the "right of quiet enjoyment" when they lease a home. The house was not destroyed when the owner asked to manage the property and I met with her and the tenant at the property, approx. 3/26/2014. The pet deposit was not hidden; in fact it was handed over to the owner along with the security deposit at that time. The pet agreement was signed by the tenant indicating a pet deposit and owner was given a copy of this agreement.
All repair requests were handled in a timely manner so that minor issues could be fixed before they became major. The repairs, per the lease agreement were the owner's responsibility. All copies of invoices were always provided to the owner. The repairs were always face value as we do not make any money on repairs.
There was no health issues mentioned, the tenant preferred to remain in the house until school ended. The owner said she needed to move back into the house as she was going through a divorce battle and could no longer to lease it. She and the tenant worked out an agreement for him to stay until school ended and he would pay increased rent to do so. This was between tenant and owner as my management agreement was terminated on 3/26/2014 (please see attached termination agreement) and all funds being held were given to the owner at that time. I have no control over the tenant leaving or the condition of the property when they left. She cannot come back months after our termination agreement and her taking over the management of the property and ask for anything.
I am not mad whatsoever; I Just have nothing to say the Ms. [redacted]. She has attempted to complain to anyone that will listen to her, [redacted] at Re/Max, [redacted] (who found no fault with me or my services) my handyman (who asked her not to call him and that I was one of the most ethical people he knew), etc. To the contrary, she seems to be the one that is mad. She demanded her house back, demanded all the deposits, demanded the tenant pay more rent during the last two months and
Aug. L 2014  3:18PM    REMAX Realty Advantage                      No. 0271  P.
now is trying to find someone to pay for work needed on her house. She paid for necessary tenant requested repairs but never any money on maintaining the house. Owners either pay as they go or pay at the end of a lease, but it is her responsibility to maintain the house. Tenant was responsible for anything over and above normal wear and tear (per lease agreement). He made a written agreement with the owner to clean carpet, dean property, replace broken soap dish, touch up paint, do yard work during the last few months before he moved out.
Broker is not responsible for any damages, or tenant breach of lease. The owner had 30 days after the lease ended to send tenant his deposit or a letter and copies of all receipts outlining repairs made to the property cause by the tenant. Tenant, in turn had 30 days to respond.
I did indeed visit the property during the term; I am always out in the field and go by my properties often.
I resent the implications implied and stated in this complaint that I am less than honest. This is not a factual statement.
Ms. [redacted] has had much drama in her life during the term of our agreement. Going through a divorce is not easy and she would forget to renew her insurance policy and to pay her HOA fees, so we were always generous and paid them on her behalf and pay ourselves back with future rent received. She was quite happy with us and couldn't thank us enough over the years. She was sent an accounting every month along with copies of every receipt. If she has been so unhappy with our services, she could have cancelled the management agreement at any time, simply with a 30 days notice. She never did this until her finances became dire and as she told me, she desperately needed the deposit money as her divorce had tied up her assets. She was very determined to obtain the deposit checks quickly. Perhaps she used the money for something else, I don't know but it seems to me that the items tenant agreed to do, could certainly be done with the $1,750 she was given.
She needs to take responsibility for her house, her current personal problems, repair and maintain her house as needed and move forward with her life. She is being advised by unprofessional friends and acquaintances, who instead of helping her through; are keeping her fired up with incorrect advice.
I regret the situation she finds herself In, I am sympathetic but as explained, I am not the one she needs to look to, 1 did not live in the house and I more than fulfilled my obligations to Ms. [redacted], also as already explained.
She needs to withdraw this complaint. I have mails to back up every statement made.
Regards, •
[redacted]

Complaint: [redacted]
I am rejecting this response because:
To be clear and explain this business claim, I complete the informatuon anf I am preparing more for you. Because is a serious cause. And not related with personal issues,  the pictures will be attached in other email and details can sgow the BAD PRACTICE OF MR [redacted].
THIS IS THE LETTER TO TREC
[redacted]
[redacted]
[redacted]
ATTN. [redacted], [redacted]
COMPLAIN FOR: [redacted], RE/MAX Realtor, BAD PRACTICES IN MANAGING THE PROPERTY IN[redacted]. LOST IN JUNE & JULY 2014 $8880 USD.
My present my complain is because [redacted] (re/max), signed a lease with me and doing bad practices for all the time was charging to me for almost 7 years to manage my property. Contract signed May 16th 2007, and he said was not needed to renew. He took the 10% of the rent every month for more than 6 years.
This is report was made to inform and demonstrate that someone charges monthly quotes not doing what they contract, He was responsible of taking care my property and never check it. He said in front of witnesses that he didn’t go for years… and also the pictures of the property and documents when the final inspection are the proof that he didn’t work as proper licensed realtor.
When I told him that his job was not did correct he got mad… I TOLD HIM IN FRONT OF [redacted], Mr. [redacted] YOU ARE DOING BAD PRACTICES AND HIDDING INFORMATION.
I met him on the property and the house was on good shape, with grass and very good conditions in general, at that time the house was 7 years old built. At that time He said the amount to rent it was just $1150, I said that was low, he said no, “It is the market”.
[redacted] ABUSED, I HIRED HIM 7 YEARS AGO… (he never showed to me any contract) THERE WERE JUST 3 TENANTS (different contracts). AND DIDN’T CHECK THE HOUSE, THE GARDEN OR INCRESE THE MONTLY RENT FEE, OR RENEW CONTRACT WITH TENANTS. The problem started last year when I moved from [redacted] (September 2013) to here to live, and I wanted to see my house and asked [redacted] to increase the rent for many times, he didn’t answer the phone and sometimes gave to me the call back but never have a chance to show me the house or increase the rent. He just charged them the fee, and deposit in my bank account, pay the repairs sending people to the house, DIDN’T SUPERVISE THE WORKS IN THE HOUSE and never check what was the cause of the fail or if the repair was done properly. Every repair was charged to me, being deducted on the rent before depositing.
 
The latest tenant ([redacted] family), were there for 5 years, never had being increased the rent and they were hiding pets, to save the deposit fee, they had destroyed the house with many issues, then the day that let us see the house was February 15th 2014. That day they increased the rent from $1150 to $1500 a month, but many issues on the way we discovered, I showed up with [redacted] my witness and she saw two big dogs, one big cat and birds in the master bedroom, but we couldn’t see all the rooms on the house, the dogs were hide, but they showed up when we were in the street, so after that. I asked [redacted] to see the contract, and he gave to me in pdf file by email, just the 14 pages, and the check mark for the pets deposit was not marked, and in a second interview in February 18th 2014 at [redacted] ([redacted], also with [redacted]) when I asked him about many issues and hidden information, he got mad and very worried.
The issues that I questioned and claimed to him:
·         Why they didn’t renew the contract
·         Why in page 13 of a contract with [redacted] was not marked pet agreement and he didn’t sent to me?
·         Why the house was so dirty and destroyed
·         Why they had living there more people than was declared, they were using the garage with a bed.
·         Why they didn’t take care the garden and destroyed the back yard door.
·         He was hiding to me $600 hundred dollars and also was missing to charge to them more pets that never paid the correct pets deposit.
·         Why our contract was not renewed and was not with my signature…..
·         And more…
 
SO I ASKED THAT I DIDN’T WANT HIM AND TENANTS ANY MORE, AND I WANT MY HOUSE FIXED. SO He became angry and worry. Then after many phone calls he said he needed to go to a doctor and he paid much money for being healthy and they (tenant and he) were leaving… in a month, and after he asked me a favor to keep just the tenants to stay there for 2 more months until the school finishes, then the story started, He never offered to me to stayed there until they left, also I said that he lied to me and If he did it with this contract he could did with the two prior contracts on the house, I asked him to see all the file since we were working together and he said he doesn’t have more information prior [redacted]’s contract. So I said to him LET ME FEEL ABUSED FROM YOU, IT IS MY RIGHT TO FEEL YOU ARE TREATING ME AS SILLY… but I never said to him bad or no proper words about himself. Just I said I want to have my house back and have it on shape.
 
He ask me an appointment on the 30 of march to sign an extension with the tenants for two more months and agreement also sign with [redacted] TERMINATION OF OUR CONTRACT, BUT NEVER HAVE A FINAL INSPECTION.
 
The tenants paid on time the two months and then asked to stay 8 more days, but they never help with the agreement, and left home and didn’t face me up. They put a note… and was a copy on the file.
 
I CLAIM ABOUT BAD PRACTICES from Sr. [redacted] TO HIS OFFICE, ([redacted] REMAX Broker) I was noticed June 13th 2014, and she didn’t pay attention properly, she promised to me to have AN INTERVIEW AND DIDN’T.
1.       He abuse with charging every month and never get involved in the house, never visit it,
2.       He allow tenants stayed for 5 years with first one year contract, when we visit the house, he defended the tenants about comments in bad visible things on the tube, (washroom).
3.       He never increase the rent to a market right price, even I reply many times.
4.       The house was very dirty and destroyed inside and outside, not grass on the garden at all and irrigation system was broken for them with something, not for use (see pictures).
5.       [redacted] was hiding the pets deposit, it is not marked on the contract and were just two pets instead three or more that tenants have.
6.       The house didn't have the maintenance, and [redacted] was charging to me repairs issues that was broken things should be charged to the tenants. But the fixes were even not good.
7.       The house was never visited for [redacted] in 5 years, he accepted. There are many documents, pictures and the witnesses can tell you the true.
8.       The contract in between the tenant and the realtor doesn't have the check on page 13, of pets agreement, he never told me before about having money for me to fix the house, I never knew it, I am from [redacted], and also he didn't charge to them the right amount of pets, they had more than 3 on the house. Should be $300 for each pet. Birds were on the rug inside master bedroom.
9.       The tenants stayed at home and skyped the last payment for 8 days, [redacted] and [redacted] with a note, they didn’t fix anything in the house, didn't clean and they don't answer the phone. If they were founded for [redacted], he could helped me to find them and charged them the fixes.
10.   I caught [redacted] on lies and he knew it, he said I can lose my license. Now is he gone? In 7 year I paid to him around $10,000 dollars to keep my house secure. Mr. [redacted] AFTER THE SIGNATURE, HE DIDN’T ANSWER THE PHONE AGAIN. Is that correct?
My claim is because:
I spent two months fixing the house, So I lost money. The income that I lost in June and July 2014 average is $8880 usd (It was more than $10,000 concepts from rent, repairs, fixes and losts but I receive $1750 as deposits that I took away) for been doing repairs and couldn't rent the house until get repair.
For seven years the rent was $1150 monthly, under the market so I have much more losses in many years cause of his irresponsibility, now the house is being rented I $1600 usd/ monthly.
I lost many in those years, but for Mr. [redacted] never attend the value of the house, because for him was easier to rent. Now he is gone because I caught him on lies. If he did his job he could answer the phone and helped me to find the [redacted] Family to charge them all the expenses.
We didn't do the final inspection because the house was occupied on that time. That also means HE DOES BAD PRACTICES, HE DOES NOT ATTEND THE CLIENTS ANYMORE.
I have witnesses about ALL my meetings and talks with him. Also after I got my house back many people worked in the house and are witnesses about the house.
 
 
 
 
I WOULD LIKE TO ARRANGE THE CHARGES WITH [redacted] AND [redacted].
Make and agreement of pay from Broker and Tenant FOR THE BAD PRACTICES to their insurance or tenants’ liability insurance. The house was needed to repair roofs because not maintenance on , carpets were totally scratched, the garden without grass, the oaks were never trimmed, and paint totally destroyed and in other colors different than allowed all doors were damaged, air conditioned and everywhere some fixes not normal in a house.
Witnesses
[redacted], [redacted], home [redacted]
[redacted], [redacted] (New Realtor on the property).
 
[redacted]July 21st 2014.          
 
[redacted]
[redacted]@gmail.com [redacted],
 
DETAILS OF AMOUNTS (EXPLANATION)
The tenant never paid:
·         Payment for 8 days on the month of June they missed                                     ...⇄ $399
·         [redacted] & [redacted], missed  in SAWS payment (shut down service 7-7-14)                               $ unknown
·         [redacted] & [redacted], missed in CPS payment                                         ...⇄                                 $ unknown
 
LOSSES IN JUNE AND JULY ON THE PROPERTY:
Rent didn’t pay ($400 for 8 days busy, more 42 days de occupied of $1600 a month)                         $2640
Fixes (Paint, grass, carpets and professionally cleaned on the agreement)                                            $4220
Additional fixes occasioned for damages from [redacted], roofing, doors, tube and valves, back yard door, and more than needed                                     ...⇄                 $1960
Others than [redacted] didn’t supervise and were the cause.                                                                          $1810
TOTAL AMOUNT ($ 10,630 LESS THE 2 DEPOSITS  $1,750). = $ 8,880. USD
Bad practices list amounts of failures
The agreement was signed in between [redacted] and [redacted] to fix some issues, were not made them:
·         Paint inside the house                                         ...⇄                                                                                 $1100
·         Doors painting inside                                                                                  ...⇄                 $200
·         Carpet cleaning and house professionally cleaned                                         ...⇄                                 $570
·         Clean the garden and garbage they left all over.                                         ...⇄                 $200
·         Garden in front and in the back                                         ...⇄                                                         ...⇄ $2100.
·         Fix the soap dispenser in the Wall of the tube.                                                      ...⇄                  $ 50
Many other charges to fix un supervised house:
·         Roofs                                     �...⇄                                         ...⇄ $450
·         Back yard door fix                                      �...⇄                                         ...⇄ $350
·         Wood in the deck, replace some pieces                                     ...⇄                                         ...⇄ $300
·         Clean the deck ant the porche                                     ...⇄ $300
·         Clean the fridge and replace the drawers were gone                                      ...⇄                                $70
·         Clean oven and replace the stove pans                                                                   ...⇄ $60
·         Fix the carpet replace some pieces                                     ...⇄                                                $250
·         Clean the tube                                                                              ...⇄ $100
·         Blind was broken                                     ...⇄                                         ...⇄                                 $65
·         Installation of the other blind in the stairs                                              ...⇄                 $15
Emergent Jobs because Realtor never supervised in years:
One valve in the shower was fixed on this year and paid for [redacted], but was not good, the job was not supervised and needed to redo it again all new                                         ...⇄                                                         ...⇄                 $490
Air conditioning was damaged and never got maintenance, the filter never had been replaced                        $170.
The main entrance had a rail totally destroyed for low maintenance                                  �...⇄                                $250.
The oaks and other trees needed to be trimmed, didn’t do it for years                                           ...⇄                 $900.
-- 
Regards,
[redacted]