United Country Reality

The letter received from you was not written by our client "the seller" but by her daughter as the email reflects in the name. Seller has her own email account and has no reason to use daughters if this was actually filed from our customer. The daughter was not the client but was working with us in...

regards to helping communicate the transaction with her mother. I attended the initial photo shoot of the home at the time of the appointment and this was my first contact with the mother as she was my agents client. The home was a bit messy so we were unable to take photos of the entire house. The seller and daughter showed us around the home and my agent proceeded to take what photos she could. I do not believe we discussed appraisers at this time but we have had a volatile market with some homes selling for much higher prices then others and some appraisers are classifying us as a declining market and others as a stable market which can lead to vast differences in prices. We have had difficulty with appraisers coming in lower on homes we felt were of higher value. We have no communication with the appraisers other then setting the appointment up. I am not sure where the daughter is coming up with the manipulation of appraisers. My second encounter occurred after the seller began dropping the price of the home every week apparently because she was dis­traught because her ex husband had a new girlfriend and she did not want to see them together (price changes will be shown by my agents response). My agent called me and said the client wanted the home sold and said to drop the price to $100,000 (shown in agents text messages from seller). We discussed and said that would not be ethical to allow someone to sell the home at that price and my agent said $150,000 would be more realistic for us to get an immediate offer. I took a client I was working with to view the home. They liked the home and made an offer at $150,000. I personally took the offer over to the seller to explain the offer and that I still did not feel it was a high enough offer. Seller was not there and so I spoke to her daughter for about an hour. I wanted to be assured her mother was in the right frame of mind to be selling the home as the continual drops were erratic. She assured me her mother was fine but got upset when she seen her ex husband with his new girlfriend. She also stressed she had a new job and wanted to move as soon as possible so it was best for everyone to get the home moved quickly. I told her if she felt for any reason that her mother shouldn't be making the decision that we should get a power of attorney for her to sign for her mother but I was reassured she was fine to do this sale. I told her to discuss this offer with all her relatives and to please counter offer so we felt it was a fair deal for all involved. I also explained that after we had an accepted offer that we would add an addi­tional $5000 on top of the offer to pay for the buyers banks closing costs but we wanted to settle on a price first. She seemed to comprehend everything I had spoken to her about and said she would talk to her mother and was going to consult with all of her relatives including her father (even though he was no longer on the deed to the home). I told her she could speak to my agent or myself about any questions they had and I left her my cell phone number. I just wanted to be sure they made a decision that was good for everyone involved with the sale. My clients were only approved for $170,000 which needed to include the $5000. I felt comfortable with the sale after having days of negotiation and feeling we did good in getting them an acceptable offer. My third encounter with the seller was the evening before closing. I went to the home to do a walk through with the buyers. I went to the home and found seller, daughter, daughters husband and granddaughter in the hot tub room. Seller was rocking back and forth with her head down and daughter was sitting beside her. I asked if we could do the walk thru and daughter said no it wasn't a good time. I asked if there was a problem and she expressed to me that she understood that the $5000 that was sup­posed to go towards the buyers closing costs were supposed to go towards sellers closing costs. I explained that NO it was added to the buyers loan and it was to go towards the buyers closing costs as stated in the contract as I had also explained to her on my first visit. Daughter called me a liar and said she had never spoken to me before even though I spoke to her in the same room pre­viously when I presented the offer on our second meeting. I spoke to them for about 45 minutes and was under the impression they were confused by the $5000 closing costs. I explained they had to pay the prorated taxes, title insurance and commission but she insisted the $5000 was to go towards some of these costs. She also kept whispering in her mothers ear throughout the entire process saying "they are screwing you" which would cause her to sob loudly. Since at no time had the daughter, who had my cell phone, ever called me and expressed there was confusion regarding closing costs. Nor had my agent expressed to me there was an issue with the sellers. Based on the information they presented me and with a closing the following day, I offered to refund the $5000 after we received the commission check to make up for the confusion. I had not discussed this with my agent as she was in another town with a client so my decision was based off of what they told me. If I had all of the facts I would have not made the same decision, in fact they would have gotten nothing. After I had made this offer the husband immediately said that it was more then generous and the daughter agreed. She then be­gan to whisper to her mother that "it was a good deal, this was fair and she should take it." I asked if this satisfied the issue and that I wanted it to be a pleasant process for both clients and I wanted everyone to feel it was a good experience. I asked that I received a response by 8:00pm so I could notify the buyers if they were getting the home the following day or not since they were refused a walk thru the night before. They seemed to be pleased with the solution when I left. I received a text from the daughter (attached) at 9:06 saying that they were ok with the offer. I even was shown text messages afterwards from the daugh­ter on my agents phone thanking me. After the last meeting, I called my agent and she said there was some confusion at one point but that she was reassured through their conversation and text messages that they understood what was going on. My agent expressed that the daughter had worked as a manufactured home seller and should have been more than familiar with the process of selling a home and what was involved. She was well aware of what a contract is and what costs would be involved in selling a home. After reading my agents text messages I felt she more than adequately explained the process. The signed listing agreement stated our 6% commis­sion contract that was to be paid to our office. My agent stated she went over the listing agreement with the seller and daughter she explained what the fees would be involved when she read them the contract. They even took an extra day to review it before signing. When seller gave a ridiculous price of $100,000 to reduce the home my agent encouraged her to go with a higher price of $150,000 to secure an immediate offer. Upon getting them an offer, with the permission of my buyers, I also encouraged a counter offer by presenting it myself. I also did so to reassure myself that her mom was ok to be selling the home which the daughter was very insistent she was in the condition to do so. I made the $5000 offer to satisfy a client who basically lied to me about the entire situation and is now trying to extort more. No one sells a home for nothing. We are under no obligation to pay someone's back taxes, title insurance and we had a contract securing a commission in which we received basically half of. The daughter sold manufactured homes and was paid by commission she knows the procedure. I never had any contact with the sellers after the night before the closing. The daughter picked up the $5000 check from my agent and cashed it. In my mind this was resolved and more then fair to return almost 1/2 of our commission to them when it was more then adequality explained to them during the process. The daughter, not the seller, has continued to harass my agent with threatening emails, texts and also threatened the buyers as soon as she cashed the check. The buyers were debating about obtaining a restraining order on the daughter and had to arrange with the local police to get them the remaining items left in the home after the sale (including a cat). The buyers said they spoke with the seller and daughter previously and had viewed the home without my presence and no issue was observed with any odd behavior until after the closing. I was not in town but it was expressed to me that the daughter was trying to get the money of the sale of the home put into her personal checking account (reinforced from my agents text messages and the title company's explanation). She became uncoop­erative about leaving the home and became threatening after picking up the check from my agent which was made out to the seller, our client and not the daughter. The seller herself has never expressed any dissatisfaction or confusion on her end. She signed all the paperwork and also communicated with my agent. This is not a valid complaint from the actual seller. Broker Real Estate Company
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