I feel that I have been misrepresented and unfairly treated by my real estate agent who is intermediary per my contract.
I found a house I thought I would like to purchase. I signed original paperwork May 29 which included a proposed closing date of June 29. I was told by my agent a certain lender was the only person my agent used and that he could help anybody get a home loan. I am not now, nor have I ever been, happy with his business practices. (that is another issue in itself)
I found out later in this deal the lender changes the name of his company regularly. A co-worker told me he took a year and a half to complete their loan. Other agents have advised me that they refuse to use him because they never get closings to go through with him. I only wish I had known in the beginning.
My complaints are numerous. Since the signing of the contract I have been misinformed and mislead on just about everything related to this transaction.
There are many needed repairs that were not disclosed, nor obvious at the time I was allowed to look at the house. For instance the house needs to be leveled, some of the floors have weak spots and there has been plywood installed on top of existing floor making uneven flooring throughout the whole house.
There are many discrepancies in the paperwork, some missing information or, incorrect information. One paper says I would be receiving a conventional loan and another says FHA. I have also been advised, by a trustworthy source, that I am missing several items on all of this paperwork that are needed to complete this transaction, that I should have in my possession but do not have. I also have never received copies of any completed paperwork with my case number or the sellers signature.
There has been constant communication between my lender's secretary and me to obtain some needed paperwork that should have already been requested but somehow nobody had asked for it. She was also getting information from other sources which also should have been done previously. She constantly was saying "this should have already been done."
When I was beginning communications with the lender I was constantly told by him that he had been busy and he would need to call me back. Sometimes this took a week or more. I would call him back only to be told (again) that he had been busy and would have to call me back.
It took me 2 months to actually get anywhere with him. He advised me, when I made my second attempt to drop out, that he had spent a lot of time and worked very hard on my "small insignificant loan" that I could not back out now. He had invested too much time, effort and money in my case for me to back out now. He also said that he did not have to do all this hard work for me because it was such a small loan and he had bigger and better things to do.
Suddenly there was my agent at my door the next day having me sign an amendment to my contract for proposed closing on September 5. I signed because I did not know what else to do. I was promised again that it would only be a matter of days to closing. I had nowhere else to go and at that point had no more money and all of my credit was maxed out.
Through no fault of my own I was forced out of my apartment. I was advised by my agent to move out of my apartment on July 31 and told I was able to move into my intended purchase. The daughter of the seller changed her mind so we became homeless at that moment.
I spoke with the owner of the house who told me that the agent told her we needed a place to put our stuff and since we were so close to closing she could move out. The agent denies this. Now the owner is living somewhere out of town in a place she cannot afford. The agent is paying some of her bills for her. The owner has also made several trips to be here for another intended closing date which never happened because the lender had some other paperwork crisis.
I received a call at work from my agent at 10oclock on July 31 to tell me they didnt want me to spend any more time in the apartment or spend more money on rent so we all had to leave work immediately to move. My son, my fianc and I lost 2 days of work. I was also told at that time everything looked fine and we should be closing in a couple of days.
We were put in a temporary situation at another house. I was told I could not cook on the stove in this temporary house because it was brand new and never used, therefore I had to purchase food I could warm up in my toaster oven. We had no hot water for the length of stay at this house.
I was not allowed to bring my pets therefore they also became displaced. This also caused my mother some inconvenience and possible eviction from her apartment because she was caring for them. It was only going to be for a few days but turned in to several weeks.
After 9 days in the temporary house I was called at work at 5 P.M. On a Friday August 10 and told to be out of that house by midnight because the buyers of that house did not want us there. It was very difficult to find a U-Haul. The one we did get had to be returned by 8 the next morning. We worked feverishly until 3:30 A.M. To get everything out of that house.
Again we were homeless and added more burden to my mother and her 300 square foot apartment by having us stay there. We slept on the living room floor and had only our essentials with us. I was told once more that I could move into my intended purchase but the daughter of the seller did not think it was a good idea as there was no insurance on the house.
I have had loss of property. I had no place to plug in my refrigerator and lost the entire contents. I have had to rent 3 U-Hauls and one hotel room. We have damaged or destroyed some of our furniture along the way due to hasty moving because of the short notices. On the second move my fianc lost another day of work.
We were run out of my intended house by the sellers daughter on one occasion and had to pack up needed supplies only at midnight therefore losing another day of work to complete paperwork for a rental agreement and recover from moving until 2:30 A.M. My agent had advised me it was ok to stay at the house only to find out through the sellers daughter that we were not welcome.
My drivers license expired on my birthday July 20th. When I advised the lender and realtor of this they both advised me to put my intended house address, which I did. Keep in mind this was 2 months ago. It is still not my legal address.
After qualifying for a $5000.00 city grant I was asked to supply $1500.00 by my agent as down payment money. I was advised by the city that the grant money was to cover closing costs and down payment.
I was preapproved for a home loan by the lender in April, well before I began looking for a house. I was advised in the beginning that I would not need any money for down payment because the city grant money would take care of closing and the down payment. I was only told I would need to have money in the bank to show good faith.
My agent advised me to bring the money to her the following Monday but showed up at the house that Saturday night to pick up the check. She told me I had to give her the money now. She had me sign a paper, that nobody that I have run across can explain, which I also do not have a completed copy of. I had originally been advised that I needed to have at least $1500.00 in my bank for the loan to be approved and that the money was mine to do with whatever I please after the loan cleared. This was all borrowed money which I now have to pay back to everyone that helped me.
I have been advised on numerous occasions, by my agent and the lender, that everything looked good and they would constantly give me tentative dates of when we would sign and/or close on the house, always a couple of more days or next week. The original closing date of June 29 and the amendment date of September 5 have come and gone and no sign of a new closing date.
My lender blames me for the late or missing paperwork. I have made every attempt to get everything to him within 24 hours of his asking. There was only one ocassion where I was waiting for my fiance's check to deposit into my bank account that took the longest. The calls I would get from him and his secretary would usually be around 4 P.M. On either a Thursday or Friday.
I have reported housing inspection discrepancies to the City of Corpus Christi First Time Homebuyers Program who sent over an inspector as part of qualifying for the grant. I was told by my agent that the inspector is a friend of the seller and the sellers late husband. The inspector spoke with the seller on the phone for a brief period and passed the inspection without even looking completely at the house.
I have found many problems with the house that should not have passed inspection. I have also already stopped funding through the city grant. The inspectors supervisor came back and was very disappointed. He took a lot of pictures of the things that should have been picked up by the original inspector.
I have been forced into a rental agreement with the seller since August 22 for $20.00 a day, until funding went through, to be paid to the seller. I do not believe this is a fair proceeding for me. It bagan on the day I had the utilities turned on, five days before I actually occupied the house. I should not have been put in this predicament in the first place. It was through no choice of mine. I was told to leave my apartment by my agent so I would not spend any more money on rent and that my loan should be clearing in a matter of days, yet I was now having to rent in another place.
My family and I have been displaced, inconvenienced, frustrated, mislead, misrepresented and, as we believe, been made to feel like criminals on the run. We have been living out of boxes since June, eating off of paper plates or eating out because we were constantly being told it would only be a few more days.
I have lost money on deposits for utilities and had to make new deposits and reenroll to these companies instead of paying just simple transfer fees.
I did not have enough warning to get my mail transferred and was late on several bills as I could not get my mail transferred to a post office box for 3 weeks per the post office. I also had to rent a post office box in a rush as I had no real address to send my mail to.
I had to call all of my creditors to explain and get some help with payments on these. Ive had to make additional payment arrangements and been charged late fees therefore losing even more money.
I have made a demand to get all of my investment monies, the earnest money and the $1500.00 that my agent took, all lost wages for all 3 of us, moving expenses, and other damages to be returned to me as soon as possible. As I noted previously, I do not think I should be responsible for the rent money on this property as well.
I believe that I have been poorly represented and ripped off. My agent has made some poor decisions on both the sellers and my part of this whole transaction.
I just made my 3rd attempt to stop this transaction on September 11. Each time both my agent and the lender have called back to tell me just how much time, effort and money THEY have invested in my transaction. At one point my agent even told me that I would not be able to get a loan for another house-ever.
They tell me to hold on a little longer, and promise me a day in the near future or some other promise. Every time I have done so everything suddenly gets rushed and more promises are made, yet still no purchase.
The agent keeps telling me that she has been so nice to me by finding me places to stay and making arrangements for me. I wouldn't need all that stuff is she hadn't told me to leave my apartment in the first place!
I have just had to come up with $1600.00 to rent another house and pay for yet another U-Haul and utility transfer and connection fees.
I just keep getting deeper and deeper into debt and depression and I just want out!
Since I have become serious about this termination my loan is mysteriously approved even without some needed paperwork. I know because I have it and never turned it in to them. I received it the day after I decided to back out. So I know this is yet another lie.
As I have included in this letter, I am a first time homebuyer and I put my trust in the hands of this agent and lender. I now realize this has all been a horrible mistake on my part as my trust has been abused.
I demanded that this matter be taken care of to my satisfaction within the week of September 11 through September 14 or I would have no choice but to continue with legal action. I have sent all of this information to REMAX headquarters and my agents broker. I have had no response to date.
I just received an email from my title company to disburse the funds to the seller! IT'S MY MONEY!!!
KrC
Corpus Christi, Texas
U.S.A.
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