RealtySmith, Inc.

I write in response to your letter enclosing the complaint of Ms. [redacted] alleging that an agent of this company acted improperly in providing services. It is obviously disappointing any time clients are dissatisfied with the services provided; however, in this case, after having an...

opportunity to discuss this matter with our agent, Ms. Colleen L[redacted], and reviewing the paperwork on this file, it is especially disappointing because it would seem Ms. L[redacted] worked extremely hard for Ms. [redacted] and delivered proper, professional and zeal service to Ms. [redacted]. I take this opportunity to address the specific complaints alleged by Ms. [redacted]. In August, 2017, Ms. [redacted] contacted Ms. L[redacted] expressing her interest in purchasing a new home, and asking if Ms. L[redacted] would assist her in that effort and in placing her house on the market. A couple days after that initial contact, Ms. L[redacted] traveled to Ms. [redacted]’s home and discussed the details of how to sell her house, and how Ms. L[redacted] might help her do so. At that meeting, Ms. [redacted] indicated that she had a grant lien on her house, and wasn’t sure what the liability of such lien was. Ms. L[redacted] correctly indicated that she was a real estate agent, not an attorney, that she did not know what the lien was or how much remained to be paid, and clearly and plainly advised Ms. [redacted] to discuss that lien with a real estate attorney. Importantly, Ms. [redacted] acknowledges that she understood and agreed to that direction as she states in her complaint “We agreed that I would find out about the grant and we would put it on the market after [Ms. [redacted] was] comfortable the [sic] resolution of this grant.”  Despite that obvious understanding, Ms. [redacted] then contradicts that very statement in her next sentence in which she suggests Ms. L[redacted] “avoid[ed] the paperwork of the grant” and then allegedly placed the house on the market without her consent. The fact was that it was only after approximately 3 weeks from the initial meeting, on Thursday, September 7, 2017, that Ms. [redacted] again contacted Ms. L[redacted] and indicated that she was now ready to sell. Ms. L[redacted] understood this to mean Ms. [redacted] had received proper advice on the grant (as that was the only outstanding issue prior to placing the house on the market), and went over to her home to explain and review the listing documents and listing agreement, which agreement Ms. [redacted] signed. Any suggestion, therefore, that Ms. L[redacted] placed the house on the market without Ms. [redacted]’s consent is obviously inaccurate. In furtherance of Ms. [redacted]’s interest in selling her property (and in contradiction to Ms. [redacted]’s alleged lack of consent), Ms. L[redacted] began showing Ms. [redacted]’s property almost immediately, including an open house, and on Sunday the 10th Ms. [redacted] received an offer for the purchase of her home over asking price. On Monday, September 11, 2017, Ms. [redacted] accepted that offer to purchase her home, signed the contract, and an inspection was scheduled for the following weekend. That series of facts very plainly belies Ms. [redacted]’s next statements that she “explained to [Ms. L[redacted]] a few days later that [she] was overwhelmed [she] [sic] wanted to end the sell [sic] because [she] was worried about the grant and what [she] might owe.” The fact of the matter is after signing a listing agreement with Ms. L[redacted] and signing a contract to sell her property (two written documents Ms. [redacted] seems to ignore) Ms. [redacted] asked Ms. L[redacted] to show her a number of properties for her potential purchase. In fact, after viewing what Ms. [redacted] described as her “dream home” on September 14, 2017, a signed offer was put in for the purchase of a property. Although that offer was not accepted, it clearly demonstrates Ms. [redacted]’s consent and efforts to sell her home and purchase another house. To suggest otherwise is untrue. Ms. [redacted] continues by suggesting that she had a conversation with an attorney (a conversation Ms. L[redacted] had instructed Ms. [redacted] to have at the initial meeting), and was presumably told that in order to sell her property she would need to pay much more for her grant lien than Ms. [redacted] originally believed. Although it is difficult to understand, it seems Ms. [redacted] is suggesting that after learning of that cost, she then told Ms. L[redacted] she didn’t want to go through with the sale of her home, and as a result Ms. L[redacted] ignored her and was then damaged. Ms. [redacted] seems to suggest that Ms. L[redacted] could have pulled the sale without any cost to Ms. [redacted], presumably at a time when Ms. [redacted] “had not even seen any more homes.” We have personally reviewed Ms. L[redacted]’s texts to Ms. [redacted]- including one on Saturday, September 16, congratulating Ms. [redacted] on a clean home inspection. It is only after that text regarding the inspection, on September 19, more than a week after accepting a purchase offer, and days after putting in her own purchase offer (so obviously had seen houses), did Ms. [redacted] first mention stopping the sale of her home. At that point, Ms. L[redacted], again correctly, directed her to her attorney as this was a legal issue.  Unfortunately, Ms. [redacted] has now learned that the purchaser of her home does not want to tear up the contract without being compensated for alleged out of pocket expenses. But that doesn’t change the fact that Ms. L[redacted] properly explained the sales contract, and worked tirelessly for Ms. [redacted] to sell her house and to find a new home. It is our hope that Ms. [redacted] understands that  the legal basis for any legal claim by the purchaser, or whether or not a contract was breached is not an issue for Ms. L[redacted] to address; and, just as importantly, that such an issue was in no way caused by Ms. L[redacted].  The bottom line is that, as I am sure you can understand, Ms. L[redacted] is extremely disappointed that not only did all of her hard work and professional service provided to Ms. [redacted] result in no reward, it only “earned” her a most unwarranted complaint. I am confident that I have addressed Ms. [redacted]’s concerns, given the foregoing, but I would encourage you to contact me if there is any further information you desire, or if you have any other questions.  Thank you for your courtesy.Tell us why here...