Van Billings Real Estate LLC

[redacted] : Attached is the general release that I referenced in our conversation I have also attached a print out of the email from her former attorney Mr [redacted] indicating that she would withdraw the complaintIf you would like me to forward you his actual email, please let me knowIf you require anything else to close this matter, please let me knowThanks, [redacted] ***

While I appreciate that the complainant wishes to receive her deposit back and has expressed adesire to withdraw from the purchase, the seller does not agree that he has breached the contractIndeed, he feels the purchaser has done so because he was willing to remedy any property condition that the purchaser was unhappy withHe feels the purchaser is the one who has breached the contract and in defaultAs a result, he has made a claim to retain the depositas damages.I have been instructed by the seller's attorney not to release the deposit back to the buyer until a mutual resolution between buyer and seller has been arrived atIf they cannot amicably reach an agreement, then New York State Law does not allow me to release the deposit from my escrow account to either party until ordered to do so by a Judge in a court decision.Attached please find a summary of the obligations of a broker regarding escrow accountsThe section "Competing Claims to Deposits" on the second page clearly reflects the law as it requires me to continue to hold this deposit until the complainant and the seller each a mutually agreeable settlement.I regret that I legally cannot release the deposit to either party at this pointVan Dyke Billings, JrBroker/Owner Van Billings Real Estate, LLC

the contract states all garbage and debris will be removed from this property , I kept checking and nothing was done then this susan told me it was all cleaned up I went there this was before the closing date it was not cleaned up at that time I took pictures of all the garbage that was on the property closing was canceled the the seller said he was selling it as is well that's not what the contract says then he wanted me to clean it up and he would take off the price I am years old and I am not cleaning up anything and did go there on septwhich was the final closing date on the contract and took more pictures of the garbage and debris

As stated in my first response - as a broker I can not release the funds to either party without consent from eachShe will have to have her lawyer reach out to the seller to settle thisNYS does not allow me to make the choice

Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Regards,*** *** I guess I will file a complaint with the real estate ethics board and will sue them

[redacted]: Attached is the general release that I referenced in our conversation.  I have also attached a print out of the email from her former attorney Mr. [redacted] indicating that she would withdraw the complaint. If you would like me to forward you his actual email, please let me...

know. If you require anything else to close this matter, please let me know. Thanks, [redacted]

While I appreciate that the complainant wishes to receive her deposit back and has expressed adesire to withdraw from the purchase, the seller does not agree that he has breached the contract. Indeed, he feels the purchaser has done so because he was willing to remedy any property condition that the...

purchaser was unhappy with. He feels the purchaser is the one who has breached the contract and in default. As a result, he has made a claim to retain the depositas damages.I have been instructed by the seller's attorney not to release the deposit back to the buyer until a mutual resolution between buyer and seller has been arrived at. If they cannot amicably reach an agreement, then New York State Law does not allow me to release the deposit from my escrow account to either party until ordered to do so by a Judge in a court decision.Attached please find a summary of the obligations of a broker regarding escrow accounts. The section "Competing Claims to Deposits" on the second page clearly reflects the law as it requires me to continue to hold this deposit until the complainant and the seller each a mutually agreeable settlement.I regret that I legally cannot release the deposit to either party at this point. Van Dyke Billings, Jr. Broker/Owner Van Billings Real Estate, LLC

the contract states all garbage and debris will be removed from this property . , I kept checking and nothing was done then this susan told me it was all cleaned up . I went there this was before the closing date it was not cleaned up at that time I took pictures of all the garbage that was on the property . closing was canceled . the the seller said he was selling it as is . well that's not what the contract says . then he wanted me to clean it up and he would take 500 off the price . I am 77 years old and I am not cleaning up anything and did go there on sept. 14 which was the final closing date on the contract and took more pictures of the garbage and debris