The Computer Guru

Date: Tue, May 10, at 2:PMSubject: RE: [redacted] Rebuttal ( [redacted] )To: [redacted] < [redacted] >Thanks Mr [redacted] Or original response pretty much spelled it out This Wood Destroying Insect inspection report is a legal document that has a set forth protocol of requirements which are not up for debate by the company or the client The requirements of the NPMA-form and the MD-form are consistent If the consumer had these concerns and felt that strongly about this he had every right to not use the report, he could have called our company out to refute and debate the issue prior to settlement The consumer used the WDI report to get through settlement and after all proceeds and funds were transferred the decision was made to make a complaint The time to format a complaint that is legit has to be before you agree to use our WDI report for their benefit to close on the house and after the fact complain about it.The request for refund would have carried more weight had the consumer raised this issue prior to closing, prior to signing the paperwork for settlement with our report to benefit them.Again, complaint filed too late, after the fact and denied.Thank you for giving our company a chance to provide the “other side” and why we cannot comply.Rusty MCorporate DirectorPestNow

It is unfortunate the agents involved did not notify the parties, if that is what happened, we are hired by the Real Estate agents and work directly for them in these cases How they handle their notifications, business scheduling and matters / protocol are out of our control, we have no hand in that operation The selling and purchasing of Real Estate is handle by qualified Realtors that are very good at what they do and that is what they get paid commission to do, they have a due diligence to make sure all the proper paperwork, inspections and contracts are at the settlement table, on time and correct, and again, they are very good at doing that At that point a settlement attorney handles the case and again, they are very good at what they do So good they present all the paperwork on the proper forms for the seller or the buyer to accept or reject if there are issues or problems with ANY of the process, work or forms In this case, as always, all parties in the settlement received that paperwork and signed the forms stating that everything was correct, hence the settlement At the end of the day, the seller got paid, the Realtors got paid and the buyer got the house they wanted.....now....now after all that the seller is willing to bring up there was an err??? Why was this not brought up at the settlement table, we were not there ....they were and they signed and agreed to itunfortunately, ....case closed, sour grapes.Thank you as always for hearing both sides

[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 as Answered] Complaint: [redacted] I am rejecting this response because what the vendor states is untrue.I did refute the claim, as did my realtor I received the following response from their office when I did refute it."***, Thank you for emailingI have received the scansIt appears these are both inspection reportsNeither are treatments nor showing it still under warrantyDo you have the current warranty for the property or the treatment work order?-- Thank you,Danielle R***PestNow###-###-####" I then followwith the title attorney who stated, "The seller is obligated to treat based on report furnished by buyerSecond opinion by another company is not going to help seller, he's got to treat unless seller & buyer agreed to "as is" provision in addendum of clauses A.Frustrating but that's the way it is[redacted] ***###-###-#### cell" So, my original complaint is still valid I will also be followiagain with Maryland's Consumer Protection Board.Regards, [redacted] ***

Corporate Technical Director PestNow OperationsREThank you for making us aware of this and allowing us to present the facts in this caseOn April 27, PestNow was contracted to perform a Wood Destroy Insect Inspection Report under the requirements of the MD-form for Wood Destroying Insects
for Settlement of Real EstateDuring that inspection the PestNow observed and listed Termite tube staining and damage (which was listed as repaired in the past by others)The inspection, as you well know under the guidelines of the MD-form require that all evidence under Box B be reported, the inspection is a ‘snap shot in time” and it is not the duty of the inspector, nor should it be, to determine how old it is, if it is repaired correctly or extentThere are no guidelines or requirements to photo, especially in this where the evidence we listed was so plainly visibleThe inspector under box B is required to list “staining”, “Tubes”, “Damage” (repaired or not, we have no idea if the repairs were made per code or if they were just thrown up in effort to sell the house)The language in the WDI Report on the back list under Consumer Information what the inspector may do in the cases like this regarding treatmentThe burden of proof that the home and the problems have been treated in the last five years falls on the person selling the homeUntil such proof is provided the inspector may and should to protect the seller recommend treatmentHad *** *** provided that evidence the lender would have accepted that as proof of treatment and would have probably not required treatment for the loanTermite companies do not “require” treatment, we simply report and recommend, the loan companies are the ones that make the requirements regarding their investment and interestPestNow acted and reacted in full compliance with the MD-form in inspection, recording and recommendationHad *** *** not have been in such a rush to settle or at least presented this information from Atlantic on the inspection they did in perhaps the lender would have not required treatment*** *** used that treatment and our report to settle on the house, if he had such strong objections he could have refuted our report and treatment (which he authorized) in plenty of time prior to treatmentHis request is not only unreasonable but unethical.Thank you for your time, Rusty M PestNow OperationsCopies of our report and back page are listed below

Thank you for bringing this to our attention In order to investigate this and respond we will need the address the inspection / treatment occurred.Regards,Rusty M***Technical Director

Looking at the account it appears the structure has had a chronic history of some type of termite activity or reports for years showing a chronic history of activity In it was treated for termites in another area of the garage, in it was treated again for termites, in and
we were requested by the owners to respond for investigation of termite activity where in the customer stated he felt there may be damages in one area of a bed room Termite warranties are renewable every year with homes with chronic issues in mind such as this.In not only termites were found again but also carpenter bees which is considered a wood destroying insect that normally needs to be addressed for settlement which was treated as part of that service Our issues with this case is timing Evidence is documented that the house has had a history of termites, that much is documented Second, had the consumer had these questions then he had every right to call another company in, get a second opinion and hire another company or find a company that would disclaim our findings Instead, the consumer used the treatment, the report to get through settlement....THEN brings this up and would like a refund Our company has had a policy for ten years, if we make a finding and there is doubt we will send a manager out to meet the consumer or the other company and if the finding cannot be duplicated we will treat for free However, you cannot use the report to get through settlement, collect the fees owed to you by selling or buying the house and then cry fowl....does not work that way Request for refund denied.Rusty M***Corporate Technical DirectorPestNow Operations

*** *** *** *** *** ** *** **
*** *** ** *** ***
*** *** *** ***Hello Mr***:My complain (***) has been resolved.Thank you ** *** *** ***

NO excuse for bad service, if 1/of what is alleged is correct and I have no reason to doubt it, it is inexcusable This is NOT how we as a corporation responds I do see this stop is on the schedule today for to today Allow me to get involved at the corporate level, I have
no problem taking care of he charge, the least we can do, and I will await to see what happens today.I am the Corporate Director (Rusty M***) and my email is ***@pestnow.com.I will make sure this is handled to your satisfaction if possible.ThanksRusty M***

Unfortunately this is a typical overreaction, assuming the worst of any company and accusation After reviewing the evidence and the reason the new customer received this notice for service, it is PestNow that should "demand" a letter of apology from themWe would hope the customer has
the character to acknowledge this and notify his Realtor of his overreaction. The previous owners of the house was under current quarterly pest control contract with our company and the notice he received was our customary notice of upcoming service that all our customers received If his name was on the service notice, and we are not sure it was, it may have been due to his Realtor using our company to perform the WDI on the house when it sold, the system would have updated the name to the address.The current customer did not cancel the account, our pest division had no idea and the notice was sent out as a matter of routine, no scam, no evil intention, just an overreaction when a simple phone call to our company would have settled the entire concern.Rusty M***Corporate Director

Date: Tue, May 10, 2016 at 2:53 PMSubject: RE: [redacted] Rebuttal ([redacted])To: [redacted] <[redacted]>Thanks Mr. [redacted]Or original response pretty much spelled it out.  This Wood Destroying Insect inspection report is a legal document that has a set forth protocol of requirements which are not up for debate by the company or the client.  The requirements of the NPMA-33 form and the MD-1 form are consistent.  If the consumer had these concerns and felt that strongly about this he had every right to not use the report, he could have called our company out to refute and debate the issue prior to settlement.  The consumer used the WDI report to get through settlement and after all proceeds and funds were transferred the decision was made to make a complaint.  The time to format a complaint that is legit has to be before you agree to use our WDI report for their benefit to close on the house and after the fact complain about it.The request for refund would have carried more weight had the consumer raised this issue prior to closing, prior to signing the paperwork for settlement with our report to benefit them.Again, complaint filed too late, after the fact and denied.Thank you for giving our company a chance to provide the “other side” and why we cannot comply.Rusty MCorporate DirectorPestNow

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:  we only found out about the charge on the day of settlement. We were not going to push the settlement back because of this unfair charge. We reject this vendors answer because we feel that Pest Now, who changed their name from Superior, does not operate in good faith and has poor and unethical business practices. The Seller ALWAYS needs to be consulted before they go out and do an inspection becuase it is the responsibility of the seller, and the seller may have already chosen their pest company and got the service done. To assume what they did is incorrect and they should pay for their mistake.
Regards,
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because what the vendor states is untrue.I did refute the claim, as did my realtor.  I received the following response from their office when I did refute it."[redacted], Thank you for emailing. I have received the scans. It appears these are both inspection reports. Neither are treatments nor showing it still under warranty. Do you have the current warranty for the property or the treatment work order?-- Thank you,Danielle R[redacted]PestNow###-###-####"
I then followed-up with the title attorney who stated, "The seller is obligated to treat based on report furnished by buyer. Second opinion by another company is not going to help seller, he's got to treat unless seller & buyer agreed to "as is" provision in addendum of clauses A.Frustrating but that's the way it is.[redacted]###-###-#### cell"
So, my original complaint is still valid.  I will also be following-up again with Maryland's Consumer Protection Board.Regards,
[redacted]

Below is the email I sent to this customer regarding this complaint which I will not even take the time to defend, it is ridiculous.  One phone call instead of this alleged letter he supposedly sent would have solved this matter without these outlandish claims of "conspiracy" .  The email...

should suffice for his "demand" for the letter and the invoice is attached.  Writing off the $98.00 is a simple matter of good bushiness, again, could have been accomplish with one phone call and a lot less drama.Rusty M[redacted] Corporate DirectorPestNow[redacted],
 We are a little shocked over your allegations that we
intentionally perpetuated a scheme to scam you out of $98.00.  The
allegation is not worth even defending.  We have no record or notes in the
system indicating your desire to cancel your contract, we have six operations
and the simple fact an alleged letter did not get to the proper branch does not
constitute such an insecure allegation.  If you wanted to cancel your
service would not a simple phone call be sufficient?  In any event we are
a twenty million dollar operation with a pristine  Revdex.com record of
performance and an A+ [redacted] rating.  Your account is paid off, zero
balance as it would have been had you simply placed a decent phone call. 
Not everyone in business is out to “cheat” you.
Have a great day.  Your paid invoice is attached.
Rusty M[redacted]
Corporate Director
PestNow Operations
Desired Outcome/Settlement:I want a letter of admission of the facts as stated above from
PestNow, elimination of the purported charge, and statement that it will not
come on my property again. 
Customer’s Statement of the Problem:
I wrote PestNow a letter terminating its service on my property on January 11,
2016. Despite my notice, PestNow sent me a post card stating it was scheduling
service on my property on March 16, 2016. On March 4, 2016, I again wrote
PestNow stating that the service was terminated on January 11, 2016 and
directed it not to service my property. In disregard of my two letters, PestNow
did service my property on March 16, 2016 and left a bill for $94.12. I believe
this disregard of my termination letters was not accident, and is in fact,, a
scheme to perpetrate unfair business practices
Complaint Background:
Product/Service: 
Purchase Date: 3/16/2016
Model: 
Account Number: 
Order Number:

It is unfortunate the agents involved did not notify the parties, if that is what happened, we are hired by the Real Estate agents and work directly for them in these cases.  How they handle their notifications, business scheduling and matters / protocol are out of our control, we have no hand in that operation.  The selling and purchasing of Real Estate is handle by qualified Realtors that are very good at what they do and that is what they get paid commission to do, they have a due diligence to make sure all the proper paperwork, inspections and contracts are at the settlement table, on time and correct, and again, they are very good at doing that.  At that point a settlement attorney handles the case and again, they are very good at what they do.  So good they present all the paperwork on the proper forms for the seller or the buyer to accept or reject if there are issues or problems with ANY of the process, work or forms.  In this case, as always, all parties in the settlement received that paperwork and signed the forms stating that everything was correct, hence the settlement.  At the end of the day, the seller got paid, the Realtors got paid and the buyer got the house they wanted.....now....now after all that the seller is willing to bring up there was an err???  Why was this not brought up at the settlement table, we were not there ....they were and they signed and agreed to it....... unfortunately, ....case closed, sour grapes.Thank you as always for hearing both sides.

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because: of the reasons already stated.  The company could not provide any proof (pictures) of termites or damage and would have held up settlement if we did not agree to treatment.
Regards,
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because:Date: Thu, Jun 29, 2017 at 4:29 PMSubject: Fwd: Atten [redacted]. Re: ID # [redacted]- PestNowTo: [redacted] <[redacted]@myRevdex.com.org>Sincerely,Revdex.com Customer Service Team---------- Forwarded message ----------From: [redacted] <[redacted].com>Date: Thu, Jun 29, 2017 at 4:08 PMSubject: Atten [redacted]. Re: ID # [redacted]- PestNowTo: [email protected]: ID # [redacted]-  PestNowDear,  [redacted]I am only today seeing these emails. Apparently they went directly to my junk mail for whatever reason. It's only when for not hearing back from the Revdex.com that I happened to perform an email search that this emails came up.  Please consider this email as a formal request to re-open this case.We bought the house ([redacted] Clinton Md [redacted]) in late December of 2011. It was termite free.The allegation that PestNow performed an inspection and discovered termites is utterly false. We had an ant problem. I called everyone from [redacted] to [redacted] (incl PestNow) for quotes. NO ONE said that we had a termite problem. Everyone came out and quoted me on an ant problem. And everyone confirmed that we did NOT have termites.We went with a company called [redacted], who for a couple of years, maintained our home’s pest control (for ants). A few years ago we switched over to [redacted], whom we’ve been with ever since.Last year In 2016 we had a termite swarm. After getting many quotes We ended up getting sold on PestNow. I watched them treat most of the perimeter of the house but, I questioned the worker as to why they only drilled into one side of the garage, leaving the other 3 sides untreated. I was satisfied with his answer and thought no more of it.Several months later, (while still under warranty) we had another swarm. PestNow sent another inspector out ( I think his name was Donovan ph ###-###-####) After his inspection, he concluded that there were no termites on the inside, and that they must be on the outside. As a result, he ordered that the outside be treated again. As we were cleaning up the swarm from the carpet, when we moved the sofa, we discovered a termite infested hole in the wall with other termite damage to the drywall. I called PestNow, and they sent another inspected out. Since the infested wall was on the other side of the garage, they retreated—drilling holes along that wall in the garage that they apparently missed.I asked the inspector about PestNow being responsible for the damage. He explained that they don't repair damage but that they would continue treating until the termites were finally destroyed. I was unsatisfied with his answer feeling that since I trusted PestNow to rid me of termites they should be responsible. What if their product doesn't work, I thought? What if it weren't a matter of them just missing the spots in the garage? My entire house could be literally eaten up by termites.The inspector gave me a number to call who eventually put me in touch with the person in charge of dealing with my type of issues. His name was Bobby (ph ###-###-####).  Bobby reiterated the same thing as the inspector—that they would not be responsible for their failure. He contacted their corporate office which sent me a letter stating the same thing. My argument was and remains the same. I was a business owner once. I was ALWAYS responsible for my product, even to my own expense.My warranty with PestNow expired on May 5/31/2017 —well after I originally wrote my letter to the Revdex.com. I didn't see any sense of continuing to waste money with a business that wouldn't stand behind their own work.If there are any questions, please feel free to call me at ###-###-####.Yours truly,[redacted]

This is actually a case of not maintaining a warranty and allowing a termite problem to go unchecked for a period of years.  In 2013 we responded to this house for report of termite infestation.  Our inspector found active termites and damage at that time and reported it and provided...

treatment.  The clients were offered termite warranty and renewal which comes with annual inspections at the end of the warranty year and option to renew. The clients did not renew instead letting the home go unchecked or inspected for almost four years.  In May of 2016 the clients reported termites again, and again, we responded and found evidence of termites and damage and again we treated.Termite damage was reported in 2013, the house went unchecked and no warranty until May 2016 where more termites and damage was discovered.  Termite treatments are based on science not magic, sometimes more treatment is needed and that is why homes that have history with termites need to be placed under warranty and subjected to annual inspections to catch problems like this before they get worse.  In this case it not only got worse it got three years worse and now the infestation and damage is more involved, harder to control and more damage as a result of not keeping the home under warranty in the first place.The result of termite damage is not from poor treatment but lack of attention and failure to keep up with warranty as offered.There request for the termite company to pay for their failure to keep up with their warranty is unreasonable and denied.

During a Real Estate transaction when one is selling a house or purchasing and there is a loan involved the lender typically will require a Wood Destroying Insect inspection (WDI) typically known in the industry as a termite report to protect the interest of the lender.  The job of the...

inspector, regardless if they are hired by the buyer or seller, is to report evidence of termites.  If you are a seller and we find evidence of termites it is frustrating, it is human nature.In this case the agent hired us to perform the required inspection, we found evidence of termites and the agent authorized us to treat in order to get the home to settlement.  Only after the treatment was performed were we made aware from the settlement company there was a conflict one agent agreeing to treatment one not, regardless it was already treated.  We offered to cut the price in half and did so for a fair resolution since we were asked to treat. The treatment was put on the HUD 1 form at the half price cost to get to settlement.  We did not collect the money, the settlement company did, the sellers agreed to everything on the HUD 1 form to settle the house ( I am sure there are signatures on the contract and HUD 1 form stating they agreed to all cost or the fees would not have been collected by the settlement company....if they did not agree to the settlement terms and sign it, they would not have had the fees deducted) and only now after settlement are they disputing it.Our resolution was obviously fair and accepted, hence the signatures on the HUD 1 form at settlement agreeing to the settlement fees which was signed at settlement.This complaint appears written by a Realtor that is upset and working with seller, how often do people sell their house?  So when it is stated in their complaint  "we (PestNow) always find termites" makes us wonder who is writing this complaint.  At any rate, we feel our offer was fair and consistent with good business and it seems they agreed by signing the HUD 1 form allowing for collection.  We are not prepared to take any further steps beyond what we have already done by the 50% reduction. Thank you for working with all parties. Rusty M[redacted]Corporate DirectorPestNOw