Windermere West Coast

[redacted] Please See Attached Documents [redacted] Boring, Oregon September 8,2015Revdex.comP.OBox 1000DuPont, Washington 98327Attention: [redacted] Ref: Revdex.com Complaint ID: [redacted] Dear Ms [redacted] ;We received the letter from you regarding Windermere Real Estate's response on September 3,Our rebuttal to their claim is below:The damage to the storm door was caused by one of three real estate agents that showed the house during a three-day span of timeOur contractor had gone in to prepare to replace the pneumatic closers and had closed and locked up before he leftHe came back three days' later to replace the closers and found the storm door broken loose from the hinges and hanging by the closers, which had been locked open by a real estate agent The wooden frame had been broken and split so that it needed to be replaced as well as the storm door.MsR [redacted] states that she told us the house sold 'as is', however, this was several days after we had our contractor repair and replace the storm doorThe door actually was still in its cardboard cover in the hallway for several days before the contractor was able to do the repairIt was during this interim that MsL [redacted] placed a 'Do Not Use' Poon the door leading to the outsideWe didn't know the house was sold and we weren't told of the 'as is' condition until we were presented with the final contract, which was several days after the repair had been madeWe weren't present when the actual repair had been finished and certainly would not have continued with the repair if we had been told we didn't have toSince the door was still boxed up, it would have been a simple thing to have returned it to the place of purchase.We had informed MsL [redacted] about the door damage when it occurred and had asked her about reimbursing us for the repairShe did not indicate that she would or would not reimburse us and I asked her then if we could find out which real estate agents had shown the home during that 3-day time spanApproximately week later, MsL [redacted] informed us that she did find out that three real estate agents had been in to show the homeI asked her for the names of these agents and agencies they worked for, but she did not provide that informationMsL [redacted] was absolutely no help in our being reimbursed and she did not inform us of the 'as is' status of the house sale until after the repair was completedThere never was any discussion of 'proper procedure' about being reimbursed for the repair with MsL***It was obvious to us that she didn't want to discuss this any further as she would not provide us with the information about the agents or realty offices when asked again.At least one of the agents that showed the home during the 3-day time span did indeed go out that door, locked the storm door open using the closer, then did not unlock the closer or completely close the storm door when reenteringRefusing to admit this, when the evidence clearly points to one or more of them, is their desperate attempt to avoid reimbursing us Since MsL [redacted] was the listing agent and is not willing to admit the truth in all this, it is ultimately the responsibility of Windermere Real Estate to pay us back for the damage caused by one of your agents or agencies that were entrusted with the safety of our home[redacted] ***

Re: ID *** The property at *** *** *** *** In Waldport was listed at the request of *** and*** *** by Windermere West Coast Properties' Broker SonL*** on 3/17/The listing did not go on the market until 4/9/until after the pressure washing was completedIn late
April, when notified of the damage to the screen door, Sonchecked the SentriLock log to see who entered the houseShe contacted all three brokers that logged In on the SentriLock system and they said they did not go out the door to the deck where the damaged screen door was locatedAfter being notified of the damage, Sonposted a No Exit sign on the doorNothing more was ever mentioned or discussed for the following three months while the house continued to be shown to prospective buyersThe homeowner was pleased and complimentary with the progress on the transactionWhen the buyer who purchased the property made an offer, the door had already been damagedThe buyer bought the home "as is" and did not ask for a single item to be repairedAccording to the date on the invoice for the repair (7/02/15), the home owner completed the repair AFTER the buyer, on 7/01/15, waived all contingencies or repairs, except for the septic inspectionHad the owner asked Sonor Windermere West Coast Properties to pay for the repair in advance of the repair being completed, we would have been able to advise the owner it was not necessary to repair, as the home was accepted "as is"Windermere West Coast Properties/SonL*** did not receive notice of the repair amount due for the screen door until after the home transaction closed on the date of 7/08/Since the repair was not discussed with Windermere West Coast Properties or SonL*** prior to ordering the repair, we were unable to give the home owner the correct advice on the transaction, the agents that visited the home during that period did not go out that door so could not have left it open; therefore, we have determined there is no obligation due for either Windermere West Coast Properties or SonL***Sincerely, Diana* A*** Principal Broker Windermere West Coast Properties *** ** *** *** Newport, OR *** ***

[redacted] Please See Attached Documents [redacted]
[redacted]Boring, Oregon 97009 September 8,2015Revdex.comP.O. Box 1000DuPont, Washington 98327Attention: [redacted]Ref: Revdex.com Complaint ID: [redacted]Dear Ms. [redacted];We received the letter from you regarding Windermere Real Estate's response on September 3,2015. Our rebuttal to their claim is below:The damage to the storm door was caused by one of three real estate agents that showed the house during a three-day span of time. Our contractor had gone in to prepare to replace the pneumatic closers and had closed and locked up before he left. He came back three days' later to replace the closers and found the storm door broken loose from the hinges and hanging by the closers, which had been locked open by a real estate agent The wooden frame had been broken and split so that it needed to be replaced as well as the storm door.Ms. R[redacted] states that she told us the house sold 'as is', however, this was several days after we had our contractor repair and replace the storm door. The door actually was still in its cardboard cover in the hallway for several days before the contractor was able to do the repair. It was during this interim that Ms. L[redacted] placed a 'Do Not Use' Post-It on the door leading to the outside. We didn't know the house was sold and we weren't told of the 'as is' condition until we were presented with the final contract, which was several days after the repair had been made. We weren't present when the actual repair had been finished and certainly would not have continued with the repair if we had been told we didn't have to. Since the door was still boxed up, it would have been a simple thing to have returned it to the place of purchase.We had informed Ms. L[redacted] about the door damage when it occurred and had asked her about reimbursing us for the repair. She did not indicate that she would or would not reimburse us and I asked her then if we could find out which real estate agents had shown the home during that 3-day time span. Approximately 1 week later, Ms. L[redacted] informed us that she did find out that three real estate agents had been in to show the home. I asked her for the names of these agents and agencies they worked for, but she did not provide that information. Ms. L[redacted] was absolutely no help in our being reimbursed and she did not inform us of the 'as is' status of the house sale until after the repair was completed. There never was any discussion of 'proper procedure' about being reimbursed for the repair with Ms. L[redacted]. It was obvious to us that she didn't want to discuss this any further as she would not provide us with the information about the agents or realty offices when asked again.At least one of the agents that showed the home during the 3-day time span did indeed go out that door, locked the storm door open using the closer, then did not unlock the closer or completely close the storm door when reentering. Refusing to admit this, when the evidence clearly points to one or more of them, is their desperate attempt to avoid reimbursing us.  Since Ms. L[redacted] was the listing agent and is not willing to admit the truth in all this, it is ultimately the responsibility of Windermere Real Estate to pay us back for the damage caused by one of your agents or agencies that were entrusted with the safety of our home.[redacted]

We have received the response from [redacted] and [redacted] regarding the damaged door at the properly at [redacted] in Waldport. The claim opens with the statement ''The damage to the storm door was caused by one of three real estate agent...etc.'' There is no additional information to prove that the agents had, in fact, caused the damage. Since no one was present, no one knows what actually caused the damage to the door. As an example: According to the owners, the contractor did some repairs to the door in preparation to replace the closers (which indicated there was something already wrong with the door) the weekend that had high winds. Even though the contractor indicated he tried to lock up before he left, the faulty closers and the windy conditions may have caused the closers and hinges to come undone resulting in the damage to the door when the contractor came back to replace the closers,.The owners spoke with Sonja L[redacted] regarding the door damage, but she did not agree to pay for the damages to the door, nor did she suggest that they should have it repaired, Sonja called the three agents and determined that the agents did not cause the door damage when they showed the house. Because the agents were not responsible, it was not necessary to disclose their names. In subsequent correspondence throughout the term of the listing, no mention was made of the repair being scheduled and no further discussion of the repair to the door- until the day the sale of the house closed -which was after the repair was completed. Regarding the "As-Is" clause and notification, the standard real estate contract required by the State of Oregon, Page 5, Line 209·213, #13. Reads: ' "AS-IS": Except for Sellers express written agreements and written representations contained herein, and Seller's Property Disclosure, if any, Buyer is purchasing the Property "AS-IS", in its present condition and with all defects apparent or not apparent. This provision shall not be construed to limit Buyer's right to implied new home warranties, if any, that may otherwise exist under Oregon law."The [redacted] signed the sale agreement that was the first offer on May 1st and initialed page 5 as accepted (which contained the "AS-IS" clause"). This first sale agreement did not result in a sale. The second agreement which was signed on June 18th, also had initials by the [redacted] on Page 5 indicating they agreed with the contract. Therefore, we have to assume that the [redacted] knew about the "AS-IS" clause in the contract. The second agreement resulted in a sale of the property and was closed on July 8th. The email Sonja received from [redacted] and [redacted] on July 8, the date of the closing for their home sale, concluded with this paragraph: "Thanks again for your efforts. We are very impressed with you and Windermere and will recommend you if anyone asks us who we would suggest using at the coast. Best Wishes, [redacted] and [redacted]" We regret that the [redacted] have a difference of opinion with Windermere regarding the door. Hopefully, we have clarified the process and responded to their questions, Sonja L[redacted]/Windermere enjoyed working with the [redacted] and wishes them the best in their future endeavors.