Ross austin specilizes in residential & sub-division development properties. Ross' clients, buyers and sellers alike, often say that he does more for them through the process than they ever imagined a Realtor would do. Ross is involved in the Cape Girardeau Chamber of Commerce and often chairs its committees. Ross also helped begin the local welfare-to-work program.By having his finger on the pulse of the community, Ross is ready, willing and able to keep our company and YOU-our client "in the know!" - So they say...
This realtor left us in the middle of a contract issue with the builder and stopped returning calls and emails.
We built a home with California homes in Cape Girardeau Missouri. Both Ross Austin and Mike Peters from California Homes promised that if the house construction was delayed, they would allow us to move into one of their existing houses since we are relocating from abroad.
At time of relocation, the house was not ready, we called Ross Austin, left Voice Mails and sent Emails and he did not respond. At the time when these predators met us, my wife was pregnant, now we were relocating with a newborn and had no place to stay. Ultimately we ended up and are now in a crammed hotel room, five of us with a newborn getting sick from the carpet dust and smoking fumes of the next door rooms. Our 2 year old is constantly crying for missing his toys and our pre-teen daughter is going crazy by all the crying of the two. As a couple our privacy has gone to h*ll.
Ross Austin abandoned us at the most crucial part of our move and one month later is forcing a closing of a house that according to the bank is not ready.
Still their offer to provide temp living was not fulfilled and Ross Austin for his absence I had to retain an attorney to force these the builder and Realtor to respond.
We are now living a living h*ll...
Letter Sent to Realty Executive Owner Bill Cole:
From: Carlos *
Sent: Thursday, February 01 8:38 PM
To: 'Bill Cole'
Subject: New Comers to Cape and Living the American Hell in Cape Girardeau - Under the first Amendment Right to Express
Bill:
Honestly when Norma and I first visited the community we fell in love. After speaking to Mitch Robinson, and your state congress representative during our ground breaking ceremony Norma and I were mesmerized by the positive things these community leaders had to say. We thought we were moving to paradise and were looking forward to be active members of this community.
I resent how Ross Austin libeled against Rodney Arnold Homes and forewarned us of the law suits of Pam Arnold against his client and why I should consider CalHomes instead. Basically we were never given the packages, I wonder if Ross tossed them away, we'll never know. Wether divorced or whatever, this doesn't make it less of a professional. I resent having walked away from Rodney Arnold Homes as now I know that this is one of the most reputable builders in the area. I don't believe that there is a community suing Rodney Arnold for code violations or that Pam ever sued a customer of Ross.
I appreciate your communication though your written words are just that. I still need to see some action from at least one of my many pleas.
When I asked you for the meeting with Mike Peters your actions would have appreciated. My request and expressed intentions were to request that Cal Homes via Realty Executives complied with their offer to provide temp living as communicated by Ross Austin and offered by Mike Peters during a meeting held with my wife present.
Unfortunately you did not call or advised of the Peters position as to my request to meet. Further my attorney Tom O'Loughlin sent you my request and you chose not to reply. Be advised that I retained an attorney after my buyer's agent yours Ross Austin neglected to return calls, emails and voicemails to find out from you that he chose to seek legal counsel and simply decided to retire his obligation with no due process or representation. How can you still state that I am being represented if both Ross Austin, yourself and your company ignores my pleas?
Let me state that this whole situation is affecting us and so far the builder Ross is representing is bullying his position to close at an unreasonable date. I need to remind that the last communication from you this house was not ready and the brick issue repair date was unknown. I understood from you that Peters could not get a hold of the brick person and accordingly my attorney sent all of you notice to this effect. When I received notification of substantial completion with a closing date of February 5th USAA (financing bank) stated that they will only activate the process upon confirmation of 100% completion. To this fact, I communicated and request a later date. To this end, I gather the builder expects me to secure financing, appraiser and inspector in eight business days, very unrealistic.
As for Ross Austin attempting to assist as my representative, I don't know what part of the message addresses my plea. The message was heavily scripted, direct and forth of the builders message to bully a closing for the 5th, eight days after notification. Your actions continue to demonstrate your company's resolve to ignore my plea, not address them in any manner and continue prolonging this nerve wrecking experience.
It is so hard to believe that I opened my family to Ross and Mike they are so arrogant and insensitive of our needs. Both Peters and Austin retracted to their offer to provide for temporary living knowing that we moved while having a newborn on the house. This newborn developed a respiratory sickness because of hotel room carpet dust. Further Giancarlo's is well known to Ross and Mike that he is a very active 2 year old child who needs outdoors. Having a family of five in a crammed hotel room with a sick child should be reason to compel. Neither one of you have a heart, needless to state an apex of interest in anyone's well being other than selling and getting one to fill a contract.
I must remind you as the Builders sellers' agent that I am continuing with the closing process from the time that substantial completion notice was made. Currently the bank is executing the home appraisal order (by USAA FSB) for at or after the week of February 5th. Today I received the correspondence package from the bank to provide them with the legal documents necessary for closing.in addition to the documentation requirements, I have also set up both a structural engineer and a home inspector to inspect both the systems and structural integrity of this property. As a sellers/builder agent to Cal Homes I also need to advise that based on the banks proceedings a closing date of January 5th will not be possible. According to the bank, they will appraise only once the property 100% completion notice is given. Substantial completion will not be honored by USAA. I should also advise that the contract execution is subject to bank financing approval.
As stated before, my intentions to close on this deal and resume with our ordinary life remain. It would have been our hope that this whole ordeal would have been dealt with and resolved in a more amicable and customer friendly manner however based on your closing comments I gather you forfeited your responsibility to me as a buyer from the time Mr. Austin decided on not returning voice messages, emails, and further from my attorney. Both your represented, Realty Executives and California Homes are attempting to bully this transaction and have not represented their actions to the least of my family's interest.
Be advised that as for closing date, this house should have been ready in December. As such, I had to lock in a high interest rate, have incurred into extra expenses to relocate and store our household goods, added extra expenses for living at higher cost of living hotel rooms because of your represented failure to complete in the time agreed on. To that, I must add the hassles of having to deal with a very stern and unrealistic closing date that imposes both my family and my current employer undeserved complications.
I am very sorry that these bullish tactics are affecting our perception of the business community of Cape Girardeau and as newcomers to this community we are being treated as rubbish in a closed nip community.
I understand that as Latinos, part of an emerging community most residents don't understand the particulars of however, absence of knowledge does not justify the indifference and treatment we endured from Ross Austin, Mike Peters and the company you represent.
As a former US Naval Officer, Signature Packaging Plant Manager and respected Latino community leader in Tennessee I censure the bullish practices you have exposed my family during this AMERICAN DREAM buying process. Both my wife and I wanted to escape the big city rush hoping to find in Cape Girardeau our heaven however it seems to us know that Cape Girardeau is a community that is closed nip, insensitive to diversity whose business leaders are indifferent to newcomer's education and predatory business practices.
By this experience I will take it as my personal mission to educate newcomers to the Cape Community on how to protect themselves from predatory business practices including yours.
This will be a very expensive and heartbreaking experience for us as a newcomer Latino family however I will make sure by the First Amendment Rights that others to follow won't endure the same.
As always, I can be reached at but please do not use callerid block as this phone automatically delete these calls.
Carlos *
Carlos
Collierville, Tennessee
U.S.A.
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