Schmidt-Haus Realty, Inc.

Please see attached, my response to the Complaint # ***. As these complaintants have involved persons that have nothing to do with this matter, I am forwarding my response to them to give them the facts in this matter. I am not forwarding your complaint showing the names of
the complaintants. If you have any questions, please feel free to call. Regards,*** *** ***, Broker/OwnerSCHMIDT-HAUS REALTY, INCCTH W, P.OBox 98Manitowish Waters, WI 54545Office: ***Cell: ***E-mail: ***Answer to Consumer Complaint -*** received from Revdex.com of Wisconsin on 1/7/2016 Property Located at *** *** *** *** *** *** *** ** *** *** - Listed at $350,This property has been on the market since 10/8/151st offer was received on 12/28/(it was signed on 12/26/15) from agent at Coldwell Banker-MW, *** *** in the amount of $285,with contingenciesOffer was sent to the sent to Seller on 12/28/15, Seller Countered at $325,on 12/28/And told the listing agent, *** Meier that she would not go lower than that price and would wait until Spring when more buyers were available as she felt it was listed at a fair price and would sellListing agent informed the agent for the 1st offer that the Seller told him that this was a firm offer and she would not accept a lower offerThe Buyer did not accept Sellers Counter offer #and sent a Counter offer #in the amount of $300,on 12/29/15 indicating through comments to their Realtor that the property needed a lot of work.With regard to their comment that there was "insider" information, this is absolutely an untruthful statementThe property clearly indicated in the MLS by address and maps that there were lots includedAll Realtors in our MLS system were privy to this information.Agent Tom Thiessen of C-MW had a party that was familiar with the lake that wanted to make an offerHe previewed the property and told the listing agent that he would be receiving an offer from his buyerOffer # in the amount of $355,000, with no financing and no contingencies and was received by Listing agent via e-mail on 12/at 7:p.m .*** *** ***, Broker/Owner at Schmidt-haus Realty received a call on 12/28/from 3rd buyer regarding the propertyBuyer was told that there was an offer pendingNo information regarding the 1st offer was given to this buyer other than there was a pending offer and if he wanted to make an offer, he would have to do it right awayBuyer was also told, that if the 1st buyer accepted the Sellers counter in the interim, it would be already soldBuyer asked me to send him the necessary paperwork for an offerBuyer did not give me any information regarding what he would be offering, terms, contingencies, etcI sent the buyer the necessary paperwork for him to complete, which he did and returned to me via e-mail(E-mails available to document this)3rd buyer completed the Offer himself priced at $340,150, with no contingencies, and e-mailed it back to me and the Offer was given to listing agent to present to SellerNOTE: I don't know where Buyer #got the idea t hat the "owners son in law write a back up offer and slide it in while holding back our offer"I wrote the offer without knowledge of the terms and pricing on the other offers - and the buyer completed these terms himself without ANY KNOWLEDGE of terms of the other offers - other than knowing that there were offers pendingI have no "son in law" in the Real Estate business!Counter Offer # by 1st buyer, Offer # and Offer # were all sent to the Seller via her bank on 12/29/The Seller had to deal with her bank to receive and send all paperworkListing agent asked the Seller if she wanted to do a Multiple Counter Offer to all of the buyersSeller declined, fearing that she would possibly lose her best buyer and accepted the offer from the 2nd buyerThere was considerable discrepancy in the prices on ALL of the offers and the Seller was VERY HAPPY AND PLEASED with the offer she ultimately accepted.All of the agents were "working for the seller" and none was acting as a Buyers' agentThe Listing agent was duty bound and OBLIGATED to present ALL offers to the Seller and not withhold them pending completion of the first offer as the 1st buyer seems to thinkWe are all working for the Seller as Agents and Sub agent, while also treating ALL PARTIES fairly, which I feel all agents involved have done. All offers and counter offers were presented timely to the Seller - working with the fact that she had to be able to get to her bank to receive and respond.3rd buyer asked if he could be placed in 2nd place after he received his rejected offerHe was sent a Counter Offer asking to be put in 2nd place at the price and terms of his offerSeller accepted.1st buyer called our Seller twice - felt he was not treated fairlySeller was not very happy that he called her directly and didn't work through his agentAlso a friend of the 1st buyer (not listed anywhere on the paperwork, but ultimately said they would be going in together on the property) called the listing agent and Seller and the Town Chairman.All Realtors involved in this transaction acted in a very professional and fair mannerThere was no "insider" information, as the 1st buyer has claimed Had the 1st buyer accepted the Counter Offer #by Seller, the property would be his, at a much lower price - $325,- than the Seller has ultimately accepted in the 2nd Buyers Offer in the amount of $355,In fact, the Seller is receiving $55,in excess of their 2nd Counter Offer.I understand that the 1st Buyers are upset, my 3rd Buyer also was - but he understood that we all are to work to get the best price for our SellersHe, in fact, thanked me for my "excellent professional help".Keep in mind that Buyer #obviously wanted to get this property at a "fair" price to him - which he could have had, had he accepted the Sellers Counter # for $325,000.Keep in mind also that the figures in this response were only known by the listing agentand not evenprivy to me, prior to the Seller acceptance of Buyer#2's offer.I hope that this answers your questions and puts this matter to restIf you have any questions, or want to discuss this further, please feel free to give me a call at: *** ** ***

As to their allegations -- No, they DID NOT ACCEPT the  counter offer that the Seller made for $325,000.   THAT STATEMENT IS UNTRUE!  They countered it at $300,000.  on the 28th Seller rejected this on the 28th.  Seller accepted the offer from the 2nd buyer - received on the 28th - on the 29th.  As to THEIR secondary offer, the Seller had already accepted another secondary offer from buyer # 3 BEFORE THEY SENT US THEIR secondary offer.  The seller had BOTH THE SECONDARY OFFERS - ONE AT $340,150 AND THEIRS AT $325,000 - AT THE SAME TIME!  THE SELLER CHOSE TO ACCEPT THE SECONDARY OFFER FOR $340,150. AND REJECTED THEIRS AT $325,000.THEN THEY MADE THE NEW ONE AT $350,000. THAT WE WERE UNABLE TO READ THEIR CROSS OFFS.  AS TO [redacted] TELLING THEM THEY HAD A WEEK ?  [redacted] KNOWS NOTHING ABOUT THIS.  I WOULD LIKE TO SEE THIS IF THEY ACTUALLY HAVE THIS IN WRITING. IF THEY HAD, IN FACT, ACCEPTED THE OFFER FOR $325,000, THEY WOULD HAVE BEEN IN FIRST PLACE.  THEY CHOSE NOT TO BELIEVE THAT THE SELLER WAS FIRM IN HER PRICING - IF THEIR REALTOR DID, ACTUALLY, INFORM THEM OF THIS FACT AS SHE WAS TOLD.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]  Yes we did, Thank you. We did accept their offer of 325.000, and made a another offer at 350.000 both with no contingencies with a 10.000 dollar earnest money that she never mention in her response. Attached letter from [redacted] listing agent saying we had a week to our Realtor [redacted] from the seller was misleading . [redacted] has all the records of the bidding process that we were in. Just think it could of been handled more professionally If we new there we other bidders involved it would  of  been a different outcome .

Review: We were in negotiations to purchase a property when we asked realtor to call zoning officer about possibility of having 2 separate homes on this property. This would basically be "grandfathering in" less required frontage than currently required. They called and zoning officer zoomed in and bought property outright with inside information. Realtor then was asked to write a backup offer for us and then had his boss, owner of Schmidt Haus hold our offer in house and have owners son in law write back up offer and slide it in while holding our back up offer. Fraud with intent to deceive. Nightmare. We don't know who to trust. Please HELP! Sincerely [redacted]Desired Settlement: They should allow us to submit best and final offer with any/all interested parties to purchase this property. Need to do it under notary or lawyers sight to make it legal and fair.

Business

Response:

Please see attached, my response to the Complaint # [redacted]. As these complaintants have involved persons that have nothing to do with this matter, I am forwarding my response to them to give them the facts in this matter. I am not forwarding your complaint showing the names of the complaintants. If you have any questions, please feel free to call. Regards,[redacted], Broker/OwnerSCHMIDT-HAUS REALTY, INC.6080 CTH W, P.O. Box 98Manitowish Waters, WI 54545Office: [redacted]Cell: [redacted]E-mail: [redacted]Answer to Consumer Complaint -[redacted] received from Revdex.com of Wisconsin on 1/7/2016 Property Located at [redacted] - Listed at $350,000. This property has been on the market since 10/8/151st offer was received on 12/28/15 (it was signed on 12/26/15) from agent at Coldwell Banker-MW, [redacted] in the amount of $285,000 with contingencies. Offer was sent to the sent to Seller on 12/28/15, Seller Countered at $325,000 on 12/28/15. And told the listing agent, [redacted] Meier that she would not go lower than that price and would wait until Spring when more buyers were available as she felt it was listed at a fair price and would sell. Listing agent informed the agent for the 1st offer that the Seller told him that this was a firm offer and she would not accept a lower offer. The Buyer did not accept Sellers Counter offer #1 and sent a Counter offer #2 in the amount of $300,000 on 12/29/15 indicating through comments to their Realtor that the property needed a lot of work.With regard to their comment that there was "insider" information, this is absolutely an untruthful statement. The property clearly indicated in the MLS by address and maps that there were 2 lots included. All Realtors in our MLS system were privy to this information.Agent Tom Thiessen of C-21 MW had a party that was familiar with the lake that wanted to make an offer. He previewed the property and told the listing agent that he would be receiving an offer from his buyer. Offer # 2 in the amount of $355,000, with no financing and no contingencies and was received by Listing agent via e-mail on 12/28 at 7:00 p.m .[redacted], Broker/Owner at Schmidt-haus Realty received a call on 12/28/15 from 3rd buyer regarding the property. Buyer was told that there was an offer pending. No information regarding the 1st offer was given to this buyer other than there was a pending offer and if he wanted to make an offer, he would have to do it right away. Buyer was also told, that if the 1st buyer accepted the Sellers counter in the interim, it would be already sold. Buyer asked me to send him the necessary paperwork for an offer. Buyer did not give me any information regarding what he would be offering, terms, contingencies, etc. I sent the buyer the necessary paperwork for him to complete, which he did and returned to me via e-mail. (E-mails available to document this). 3rd buyer completed the Offer himself priced at $340,150, with no contingencies, and e-mailed it back to me and the Offer was given to listing agent to present to Seller. NOTE: I don't know where Buyer #1 got the idea t hat the "owners son in law write a back up offer and slide it in while holding back our offer". I wrote the offer without knowledge of the terms and pricing on the other offers - and the buyer completed these terms himself without ANY KNOWLEDGE of terms of the other offers - other than knowing that there were offers pending. I have no "son in law" in the Real Estate business!Counter Offer # 2 by 1st buyer, Offer # 2 and Offer # 3 were all sent to the Seller via her bank on 12/29/15. The Seller had to deal with her bank to receive and send all paperwork. Listing agent asked the Seller if she wanted to do a Multiple Counter Offer to all of the buyers. Seller declined, fearing that she would possibly lose her best buyer and accepted the offer from the 2nd buyer. There was considerable discrepancy in the prices on ALL of the offers and the Seller was VERY HAPPY AND PLEASED with the offer she ultimately accepted.All of the agents were "working for the seller" and none was acting as a Buyers' agent. The Listing agent was duty bound and OBLIGATED to present ALL offers to the Seller and not withhold them pending completion of the first offer as the 1st buyer seems to think. We are all working for the Seller as Agents and Sub agent, while also treating ALL PARTIES fairly, which I feel all agents involved have done. All offers and counter offers were presented timely to the Seller - working with the fact that she had to be able to get to her bank to receive and respond.3rd buyer asked if he could be placed in 2nd place after he received his rejected offer. He was sent a Counter Offer asking to be put in 2nd place at the price and terms of his offer. Seller accepted.1st buyer called our Seller twice - felt he was not treated fairly. Seller was not very happy that he called her directly and didn't work through his agent. Also a friend of the 1st buyer (not listed anywhere on the paperwork, but ultimately said they would be going in together on the property) called the listing agent and Seller and the Town Chairman.All 4 Realtors involved in this transaction acted in a very professional and fair manner. There was no "insider" information, as the 1st buyer has claimed . Had the 1st buyer accepted the Counter Offer #1 by Seller, the property would be his, at a much lower price - $325,000 - than the Seller has ultimately accepted in the 2nd Buyers Offer in the amount of $355,000. In fact, the Seller is receiving $55,000 in excess of their 2nd Counter Offer.I understand that the 1st Buyers are upset, my 3rd Buyer also was - but he understood that we all are to work to get the best price for our Sellers. He, in fact, thanked me for my "excellent professional help".Keep in mind that Buyer #1 obviously wanted to get this property at a "fair" price to him - which he could have had, had he accepted the Sellers Counter # 1 for $325,000.Keep in mind also that the figures in this response were only known by the listing agent. and not evenprivy to me, prior to the Seller acceptance of Buyer#2's offer.I hope that this answers your questions and puts this matter to rest. If you have any questions, or want to discuss this further, please feel free to give me a call at: [redacted]

Consumer

Response: