TNG Real Estate Consultants

Revdex.comAttn: *** ***Veiwridge Ave# 200San Diego, CA92123Complaint ID ***Our office represented the seller of a home the complainant purchased on 4/28/Prior to herpurchasing the home, we were in escrow with another buyer who was also
purchasing the home "as is"without any repairsDuring our first escrow which eventually cancelled, the buyer waived any termite workbut asked if he could have his friend come by to look at the home for any possible termite issues becausehis friend worked for a termite companyThe seller agreed with the requestAt no time did our agent orour office order a termite inspection as we were under the assumption that this was just his friend coming byto give him peace of mindOur agent never met the termite friend at the property and never expected anyreport to be sent to her.After the termite friend viewed the property, his termite office sent the report to our agentBecause ouragent was not expecting any email or report, she thought it was junk mail and never opened it up.Unfortunately, the original report stated that our agent ordered the termite reportAfter receiving thecomplainant's letter dated June 15"', we called the original buyer and the termite company to gainclarification of what actually happened and who actually ordered the termite reportThe first buyer was alsonever aware that there was a termite report issued on the propertyI have attached a letter from the originalbuyer, a letter from the termite friend, and the original termite report and the corrected termite reportshowing that our agent did not actually order any termite report but in fact, it was the buyer.The report that our agent did not view was a report for termite repairs at the cost of $Our office andagent has been accused of deliberately failing to disclose this report and the conditions of the $845.00termite reportWe did not provide the report because we were oat aware of the report and there is no waywe would ever jeopardize our license, livelihood, or positive reputation amongst the community we work bynot providing a report for $If we were aware of it, we would have provided itUnfortunately, wewere not aware of it and never gave the termite company authorization to do an inspection and issue areport.The complainant has stated in her letter date June 15, and in her complaint to the Better BusinessBureau that if she was made aware of the report, she would have either not purchased the property or wouldhave negotiated a priCe that reflected the necessary repairsHowever, when she was asked by her ownbuyer's agent if she wanted to order a termite inspection, she communicated to her that it would not beneededThis statement haS been provided by her agent and is consistent with her signing a specific waiverof termite inspection, a specific waiver of property inspection, and a C.A.RBuyer inspection waiverI haveincluded these documents for your review.It is unfortunate that the complainant was encountered more detailed termite damage on her property afteropening up walls in her homeHowever, those new discoveries and damages were not material facts thatwere known by the seller, the agents, nor the buyer and were only brought to the attention to the buyer aftershe opened up wallsAs agents to the transaction, we are responsible to visually inspect the property forany known facts that may materially affect the value and desirability of the propertyOur agent, provided hervisually inspection report to the buyer and there is no way that she could have known of any extensivetermite damage inside the walls of the homeAs a result of the facts of this case, I have communicated tothe complainant that we are not responsible for the damages that she has requested and we have notmaliciously or purposefully committed any fraud or intentional deceit in this transaction as she has accusedour office of doingBecause of our findings and the truth in regards to timelines and representation, wehave communicated to the complainant that we will not be providing any payment to herUnfortunately, ourresponse has led to the comp-lainant filing a complaint against our company with the Better BusinessBureau.Ph• EBirch Street, Suite 102, Brea, CA 92821www.tngrealestate

Review: I purchased a home from TNG Real Estate on 4/28/2015. Upon moving into the property I found termite damage. Upon further investigation TNG Real Estate ordered a termite inspection on 2/17/2015 and failed to disclose this information to me during the purchase. On 5/23/2015 I ordered an additional termite inspection and it was found that the treatment and repairs previously noted on the report from 2/17/2015 were not completed and there were additional damages and termites found. I have sent a letter of demand on 6/15/2015 to the broker of TNG Real Estate, [redacted] and agent [redacted] as the responsibility for this situation is borne by this office. In the letter I have listed the cost for treatment, repairs and cost of living outside of my home as it will be uninhabitable during the removal process. In addition, I have decided to ask for punitive damages as a result to the fraud and negligence in this matter.

Upon receipt of this letter Mr. [redacted] failed to contact me until I reached out to him via email on 6/25/2015. I spoke with him on 6/29/2015 where he claimed that his office and agent [redacted] were not aware of this report. In speaking with him, he stated that [redacted] was emailed a copy of this report after the inspection was complete, but failed to open the email.

I can only presume that Ms. [redacted] deliberately failed to disclose the conditions which she knew about and had an inspection report for. Had I been aware of these conditions I would have either not purchased the home or negotiated a price that reflected the necessary repairs.

As a result to Ms. [redacted]'s fraud and/or negligence I was unable to protect myself. Given the damages I have suffered and the costs I have and will incur, I requested TNG Real Estate provide payment in the amount of $31,080.Desired Settlement: Payment of repairs, treatment and punitive damages in the amount of $31,080.

Business

Response:

Revdex.comAttn: [redacted]4747 Veiwridge Ave# 200San Diego, CA. 92123Complaint ID [redacted]Our office represented the seller of a home the complainant purchased on 4/28/2015. Prior to herpurchasing the home, we were in escrow with another buyer who was also purchasing the home "as is"without any repairs. During our first escrow which eventually cancelled, the buyer waived any termite workbut asked if he could have his friend come by to look at the home for any possible termite issues becausehis friend worked for a termite company. The seller agreed with the request. At no time did our agent orour office order a termite inspection as we were under the assumption that this was just his friend coming byto give him peace of mind. Our agent never met the termite friend at the property and never expected anyreport to be sent to her.After the termite friend viewed the property, his termite office sent the report to our agent. Because ouragent was not expecting any email or report, she thought it was junk mail and never opened it up.Unfortunately, the original report stated that our agent ordered the termite report. After receiving thecomplainant's letter dated June 15"', we called the original buyer and the termite company to gainclarification of what actually happened and who actually ordered the termite report. The first buyer was alsonever aware that there was a termite report issued on the property. I have attached a letter from the originalbuyer, a letter from the termite friend, and the original termite report and the corrected termite reportshowing that our agent did not actually order any termite report but in fact, it was the buyer.The report that our agent did not view was a report for termite repairs at the cost of $845.00. Our office andagent has been accused of deliberately failing to disclose this report and the conditions of the $845.00termite report. We did not provide the report because we were oat aware of the report and there is no waywe would ever jeopardize our license, livelihood, or positive reputation amongst the community we work bynot providing a report for $845.00. If we were aware of it, we would have provided it. Unfortunately, wewere not aware of it and never gave the termite company authorization to do an inspection and issue areport.The complainant has stated in her letter date June 15, 2014 and in her complaint to the Better BusinessBureau that if she was made aware of the report, she would have either not purchased the property or wouldhave negotiated a priCe that reflected the necessary repairs. However, when she was asked by her ownbuyer's agent if she wanted to order a termite inspection, she communicated to her that it would not beneeded. This statement haS been provided by her agent and is consistent with her signing a specific waiverof termite inspection, a specific waiver of property inspection, and a C.A.R. Buyer inspection waiver. I haveincluded these documents for your review.It is unfortunate that the complainant was encountered more detailed termite damage on her property afteropening up walls in her home. However, those new discoveries and damages were not material facts thatwere known by the seller, the agents, nor the buyer and were only brought to the attention to the buyer aftershe opened up walls. As agents to the transaction, we are responsible to visually inspect the property forany known facts that may materially affect the value and desirability of the property. Our agent, provided hervisually inspection report to the buyer and there is no way that she could have known of any extensivetermite damage inside the walls of the home. As a result of the facts of this case, I have communicated tothe complainant that we are not responsible for the damages that she has requested and we have notmaliciously or purposefully committed any fraud or intentional deceit in this transaction as she has accusedour office of doing. Because of our findings and the truth in regards to timelines and representation, wehave communicated to the complainant that we will not be providing any payment to her. Unfortunately, ourresponse has led to the comp-lainant filing a complaint against our company with the Better BusinessBureau.Ph. 714.203.8555 • 3000 E. Birch Street, Suite 102, Brea, CA 92821www.tngrealestate.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.In the letter on page 3 of the attachments provided by Mr. [redacted], the termite inspector states "Mr. [redacted] asked if I could send the termite report to his realtor Ms. [redacted] as soon as possible because they had such a short time to sign documents or close escrow..." "he mentioned his realtor authorized him to order the Home Inspection and Termite Inspection for the above property" "I called Ms. [redacted] to ask if there was a lock box on the property" "On Friday, February 20, 2015 at 9:40am our secretary ([redacted]) e-mailed Ms. [redacted] the Termite Inspection Report at [redacted]@yahoo.com"

This clearly proves that Ms. [redacted] was aware that her client ordered a termite report, approved the inspectors entrance into the property and received a copy of the report via email prior to my purchase date of 4/28/2015. [redacted] and TNG Real Estate were responsible for this property, it is clearly stated by the inspector "friend" that "Mr. [redacted] asked if I could send the termite report to his realtor Ms. [redacted] as soon as possible because they had such a short time to sign documents or close escrow"

I would still like for the Revdex.com to assist in resolving this matter with TNG Real Estate.

Regards,[redacted]

Business

Response:

Thank you for giving our office the opportunity to respond to the complainant. Unfortunately, it appears that the complainant and our office will not come into an agreement, even though our office has provided signed statements with those involved that we in fact did not order or give any authorization from the seller to order any termite inspection. I would encourage the complainant to contact the termite company and the original buyer directly and ask them who ordered the report and who met them at the time they viewed the property. The will back up our response that it was not us who ordered it or who met the buyer's friend at the home. The original buyer nor our agent were not expecting a report to be issued and both the original buyer and our agent never recalled even receiving the report at that time. A simple call to them would clear up the accusation against us that we ordered a report and purposely withheld a termite report from the complainant. Common sense would show that no agent or broker would risk their license, livelihood, and reputation by not providing a $845.00 termite report if we were aware of it. It is unfortunate that the complainant discovered more termite damage after opening up walls in her home. These termite issues were not discovered in the $845.00 termite report that we have been accused of hiding from her. Once again, we would never hide or not provide a termite report from a buyer if we were aware of it. We are confident that should we need to defend our representation during this transaction, it will be shown that we were not involved in any fraudulent or deceptive practices that we have been accused of. Thank you again for your time and giving us the ability to respond to the accusations against us.