I am sorry that there was a miscommunication in this sale, I never once misrepresented this property, The Whites had a buyer’s agent that represented them and therefore it is the Buyer’s agent to investigate all aspects of the transactionThe MLS listing that was mentioned in the complaint is for
Real Estate Sales Agent and should not be shown to the general public, it states in the MLS that the information is reliable but not guaranteedThe listing agent who entered the information into the MLS system made a mistake in its representation, the Pool is available to the HOA for an additional $per yearThis particular address is in a Maintenance Free type subdivision that is across the street from and single family sub division where the pool is located and included in their HOA, many of the people who purchase a home in a maintenance free area are older in age and do not want to pay for a swimming pool that they may never use, so we made it an option for this areaSince this transaction it has been spelled out in the MLS system to keep from confusing Buyers who are misguided by their Agent and shown the MLS print outIf you have any questions feel free to call me. Thanks ***###-###-####
[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:Although there may have been miscommunication on the builder and sellers part, the MLS listing is available to the buyer in any internet search within their represented agency. Full disclosure is required by LAW in all Real Estate transactions. The listing, when loaded to the internet, should have been sent to the seller for proofing by the sellers agent. The disclaimer that states "information is not guaranteed" is not for the use of realtors but for the MLS services company. In addition, assuming that everyone who buys houses in the "maintenance free" areas is older or retired is the builders mistake for "assuming" and should have thought about that when he decided to build these houses. Furthermore, the buyers agent asked for a copy of the HOA rules and regs from the sellers agent before the offer was made. The HOA rules and regs, which clearly states at the top is included in the Staley Meadows HOA (the single family homes across the street), and was established in 2006. They assumed this was accurate and that they were part of the original sub division and they proceeded with the purchase of the home. While closing on the home, they also signed contractual documents stating the fees for the HOA were $1200/year and signed all addendum's including the HOA rules and regs. When summer arrived and they requested the key fab for the pool they were told they needed to pay an extra $350, on top of the $1200/year, to which they questioned. The buyers then asked other members of the neighborhood (the single family homes across the street) if the HOA rules and regs they had received were the same, and it was confirmed this was the same exact document that they all had. When pressing the builder about the HOA rules and regs he says that there are HOA's in this subdivision and says they must have sent us the wrong rules and regs. So they send another document to the buyers, which was the SAME exact document that they had already sent. Therefore there is no evidence to be found that there are in fact HOA's within this subdivision and that the builder was unable to provide any documentation for this second HOA he is referring to. An HOA is a non-profit and is intended to protect the home owners and their interest, not to take advantage of or discriminate against young or older buyers. The buyers are simply asking the builder/seller/HOA to do the right thing by refunding them the $and honoring the contracts and conditions they agreed to, which includes future use of the pool as included with their $1200/year HOA dues
Regards,
**
I am sorry that there was a miscommunication in this sale, I never once misrepresented this property, The Whites had a buyer’s agent that represented them and therefore it is the Buyer’s agent to investigate all aspects of the transactionThe MLS listing that was mentioned in the complaint is for
Real Estate Sales Agent and should not be shown to the general public, it states in the MLS that the information is reliable but not guaranteedThe listing agent who entered the information into the MLS system made a mistake in its representation, the Pool is available to the HOA for an additional $per yearThis particular address is in a Maintenance Free type subdivision that is across the street from and single family sub division where the pool is located and included in their HOA, many of the people who purchase a home in a maintenance free area are older in age and do not want to pay for a swimming pool that they may never use, so we made it an option for this areaSince this transaction it has been spelled out in the MLS system to keep from confusing Buyers who are misguided by their Agent and shown the MLS print outIf you have any questions feel free to call me. Thanks ***###-###-####
[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:Although there may have been miscommunication on the builder and sellers part, the MLS listing is available to the buyer in any internet search within their represented agency. Full disclosure is required by LAW in all Real Estate transactions. The listing, when loaded to the internet, should have been sent to the seller for proofing by the sellers agent. The disclaimer that states "information is not guaranteed" is not for the use of realtors but for the MLS services company. In addition, assuming that everyone who buys houses in the "maintenance free" areas is older or retired is the builders mistake for "assuming" and should have thought about that when he decided to build these houses. Furthermore, the buyers agent asked for a copy of the HOA rules and regs from the sellers agent before the offer was made. The HOA rules and regs, which clearly states at the top is included in the Staley Meadows HOA (the single family homes across the street), and was established in 2006. They assumed this was accurate and that they were part of the original sub division and they proceeded with the purchase of the home. While closing on the home, they also signed contractual documents stating the fees for the HOA were $1200/year and signed all addendum's including the HOA rules and regs. When summer arrived and they requested the key fab for the pool they were told they needed to pay an extra $350, on top of the $1200/year, to which they questioned. The buyers then asked other members of the neighborhood (the single family homes across the street) if the HOA rules and regs they had received were the same, and it was confirmed this was the same exact document that they all had. When pressing the builder about the HOA rules and regs he says that there are HOA's in this subdivision and says they must have sent us the wrong rules and regs. So they send another document to the buyers, which was the SAME exact document that they had already sent. Therefore there is no evidence to be found that there are in fact HOA's within this subdivision and that the builder was unable to provide any documentation for this second HOA he is referring to. An HOA is a non-profit and is intended to protect the home owners and their interest, not to take advantage of or discriminate against young or older buyers. The buyers are simply asking the builder/seller/HOA to do the right thing by refunding them the $and honoring the contracts and conditions they agreed to, which includes future use of the pool as included with their $1200/year HOA dues
Regards,
**