Towne Centre Realty

Review: [redacted] is a realtor. We had signed an agreement for her to handle the buying of my house by my brother in law. This did not materialize because my b/in law was not qualified to buy a house. [redacted] returned the agreement back to me. Another realtor handled the sale of my rental house. We cannot go through with the transaction because [redacted] put an ads on the MLS of my house.I want [redacted] to withdraw the announcement on MLS regarding my house. I tried calling her but she always hang up the phone on me. She does not want to communicate with me. I faxed to her stating that I want to terminate the agreement if ever she made a copy before returning a copy to me. I request that her real estate license be revoked if she does not take out the announcement from the MLS.Desired Settlement: I want her to withdraw the ads of my house on MLS and if she has a copy of our agreement, I would like this to be void and cancel it.Thank you.

Business

Response:

August 26, 2013

Revdex.com

4747 Viewridge Avenue #200

San Diego, CA 92123-1688

Dear Mr. [redacted],

I just picked up your mail just today and would like to give you my side of the story on this particular

complaint of my client, [redacted].

[redacted] and husband entered a Residential Listing Agreement with me for their rental property in San

Diego which is the issue on her complaint. Our listing agreement commenced on May 8, 2013 with an

ending period of December 8, 2013. At that time, they would like to short sale this property and asked

me to offer this house to her brother in law first before marketing to other potential buyers.

I complied with what my sellers wanted and discussed all the mechanics of the sellers offer to her

brother and sister in law, who at that time was their tenants. Her brother and sister in laws were very

anxious to take over the property but when they found out that [redacted] and her husband were deficient

on their mortgage, tenants/ in laws became very upset and decided not to move forward in purchasing

their house. [redacted] then called me to Not Show her house until the tenants move out of the property

at the end of May, 2013.

This is the time that I put the Listing in the Withdrawn Status and trusted Eugenia's word that she'll

hand me the keys after the tenants moved out.

When the tenants moved out of the subject property, I asked the sellers if I can get the keys and she

continues to promised me that she'll hand me the keys as soon as she get it back from her in

laws/tenants. I continue to follow up by emails and when she finally replied on June 141

h, 2013, she said

her niece is buying her house and that her niece is a Realtor/Broker and she'll take care of everything.

[redacted] also authorized her realtor niece to pick up the keys from her tenants prior to his reply to me on

June 141

h, 2013.

I responded to her that I'm happy that her niece is buying her house and advised [redacted] to tell her

niece that she and her husband are in contract with our office and to forward to us all the escrow and

title information when they open their escrow. My broker also contacted her niece, Realtor/Broker and

advised of our position with the sellers.

Then on August 2nd, [redacted] emailed me and was asking to take out her house in the MLS because she's

No longer selling it because her brother will be living at [redacted].

I responded to her and explained that in spite of any Status, our listing can't be removed in the MLS and

if she would like us to cancel, then she needs to sign the Cancellation Letter that I attached on this

particular email. She replied and said that I already returned our contract to her when her brother in

law did not move forward with the sale. This returned contract that she's saying is the copies of her

signed Listing Agreement that I handed to them for their file.

This is the time that [redacted] threatened me that she'll report me to DRE if I don't remove the listing in

the MLS.

On August 12th and August 15th, [redacted] has referred me as her listing agent to 2 investors that were

inquiring to her about her subject property. [redacted] gave my name and phone number to these 2

investors and asked them to call me because lam her listing agent and I knew about the specifics of her

house. I brought this information to my broker's attention because it's too confusing. She's cancelling

her contract and yet she's referring me to her potential buyers as her listing agent.

Realtor/Broker niece because she always insisted to have our Listing removed in the MLS. Since she said

that she's Not Selling her house anymore, why is she insisting to completely delete the listing out of the

MLS unless she's not telling me her real reason.

The only way for us to cancel her listing, is for her and husband to sign the Cancellation of Contract

because we cannot change the MLS in a Cancelled Status just by her verbal and emailed request for

cancellation.

I had been very honest in dealing with her and has been answering her phone calls except when I'm

driving or when I am taking my shower. There's No truth that I hanged up on her and that I never

answer her phone calls except for one time that my husband answered my cell phone while I was in the

shower. She followed this call with an email and I responded to her in a timely manner.

My sincere appreciation in giving me the opportunity to respond to this issue.

Best Regards,

Consumer

Response:

August 29,2013

Revdex.com

4747 Yiewidge Avenue #200

San Diego, C A 92123 -1688

REFERENCE: ID [redacted]

Dear Mr. [redacted],

Thank you very much for helping me out on this situation that I am going through.

Sir, I did not ask [redacted] to represent me as my realtor in selling my house. In fact

I did not know her before this happened. When my brother and sister in-law were interested in

buying the house, [redacted] represented my in-laws in the transaction. [redacted] asked me to sign a

contract knowing that she was representing my brother and sister in-law who were interested to

buy the house they were renting from us. When I signed the contract, [redacted] did not explain what

was to be expected. From what I understood when I signed the contract, it was only good for

that transaction with my in laws. Unfortunately my in laws were not qualified to buy the house.

After that happened, to my knowledge, the contract with [redacted] has ended. But [redacted] told me that

it was good until December 2013. Therefore I faxed her a letter cancelling ttre contract and to

take out the listing of my house from the MLS. She asked me to sign a withdrawal agreement

but I did not sign it because it was stated in the agreement that she still gets 4.6Yo commission

once I sell the house. She's taking advantage of us. I called [redacted] trvice but she never picked up

the phone and NEVER returned my call.

I have callers who were interested of the house and I told them that the house is under an

agreement which should have not happened in the first place because I never asked [redacted] to

represent me as my realtor. I did not tell the callers to contact [redacted].

Sir, all I want now is to be out of this mess with [redacted]. All I wanted from her now is to cancel

our MISLEADING contract. She should have asked me in the first place if I want her to

represent me as my realtor but she did not. She should have let me know that the contract is

binding until December 2013 before asking me to sign it, but she never did.

All I'm asking now is to cancel the contract with [redacted] and make it void. Also

she should take out my house from the MLS listing as soon as possible.

Thank you very much,

Mrs. [redacted]

Business

Response:

August 30, 2013

Revdex.com

4747 Viewridge Avenue, #200

San Diego, CA 92123

Re: ID No. [redacted]

Dear Ms. [redacted],

Although we’re not formally introduced to one another, [redacted] knew me as her brother and sister in law’s realtor. I represented them when they bought their first and second house. We knew each other also because she’s my son’s neighbor and as the wife of my husband’s shipmate in the military.

I was formally introduced to [redacted] by her sister-in-law during a luncheon after the funeral of her mother-in-law. Since I was briefed by her sister-in-law that [redacted] would like to Short Sale her rental property, after our introduction, I asked her upfront if I could apply to her as her Realtor. I gave her my service credentials as a proficient and experienced realtor specializing in short sales. I assured that I can help her to negotiate with her lender on a short sale transaction. [redacted] agreed. She even added that she would like to short sale her rental property for a lower price so she can minimize her capital gain tax.

It was Not during our introduction that we discussed and contracted the short selling of her rental. It was after a week that I called and set up the appointment with [redacted] and her husband. During our appointment, I presented to [redacted] and her husband the Sellers Estimated Net Sheet and Comparable or Sold Listings. I told them that based on the Net Sheet, that they don’t need to short sale their house and that they could still gain some equity based on the current trend of sold and current listings in the area.

We also discussed all the selling options for her in laws including the contract and it lasted for more or less than 2 hours. Before signing the listing agreement, I made sure that I discussed what’s written in the contract first. Like the listing period of 6 months, the broker’s compensation of 4.5%, and the target sales price. All the facts that she said she’s not made aware of were specifically pointed out to them. During this listing contract meeting, [redacted] also mentioned that she sold few of her properties and had entered into the same kind of listing agreement. Her property was listed for a marketable price that she could avoid the lost or the short sale of her rental property.

As I previously explained, regardless of the status, once entered in the MLS, it could only be updated but CANNOT be deleted. Her MLS listing was already withdrawn for quite some time now. It is not being advertised for sale.

I can change this to Cancelled Status after the Cancellation of Contract is signed by both parties. To reiterate, even if it’s in the Cancelled Status, the listing will still show in the MLS, either withdrawn or cancelled. The Cancellation of Contract that she asked for was based on our office listing agreement.

I did not take advantage of them. I followed the code of ethics in conducting business with the clients.

Contrary to her statement that her property is being advertised, let her be assured that her property listing has been withdrawn from the MLS and it is not showing as Active or in the market for sale.

I sincerely hope and pray that the truth prevails.

Thanks and best regards,