RE: Complaint against Realty Professionals Inc. Gary Pescatrice and Dennis Troyan 26016 Detroit Rd. Westlake, Ohio 44145, Phone # 440-835-0272 Ex 20Regarding Commercial Property located at 15316-B Brookpark RdBrookpark, OH: Property Owners are Donald F. May and Gary C. WiessDenison Auto Ranking 4500 W. 130th Street Cleveland, Ohio 44134Phone# 216-671-9000
To Whom It May Concern,
The purpose of this letter is to place a formal complaint with your office against Realty Professionals, Inc. I am respectfully requesting your review regarding the enclosed information concerning my recent experience with this company and its brokers.
We are the owners of Express Auto which is a small auto repair business. We were interested in leasing the commercial property located at 15316-B Brookpark Road which was listed by Gary Pescatrice with Realty Professionals, Inc. When we first talked to Gary we asked him how much were they asking for. He said that the owner wanted $2,200 a month for the first two years and $2,400 for the last tree years. But Gary did not tell us that the price could be negotiated. He only said that if we signed on for a long period term then we can have two months free of rent. After an initial visit to the property, we began the process of the lease proposal. Then we signed the offer to lease for $2,400.00 for 5 years and two months rent free. The next day he came back to us saying that the owner wanted $2,400 for the first three years and $2,500 for the last two years. I told him if they want $2,400 for the term of 5 years then it would be okay, but if they don’t then we would decline their offer to lease. He also wanted to cut down free rent to one month instead of two. We did not accept this either. On April 26, I wrote a check to Realty Professionals Inc. For the amount of $2,400.00 as a good faith deposit for a 5 year term lease and two months free rent. After we gave Gary the check for a good faith deposit we found out information that indicates that back on Jan 25 they were leasing the property for the amount of $2,400.00 a month for 3-5 years, but we had already signed the lease proposal and we were not able to negotiate this price. I felt that Gary lied to us.
After my second visit to the property, I began to have major concerns. This time the electricity was not working and the sewer was not draining. It was also full of equipment including lifters. I felt that the property was not in leasing order. I expressed my concerns. I was told by Gary that the owners would take care of the problems, but didn’t want to do it unless they were sure we were going to lease the property. We had not signed anything other than the lease proposal which documented our concerns with the property and indicated that the owners of the property would allow us two months free rent to wrap up the business of hammering out the lease and move in. I told Gary that I needed to see and review the lease. He said that he didn’t know what the owners’ lease says and that he was going to ask for it. He also made a comment saying that a new lease would need to be created as the old one from the previous renters was obsolete. He also indicated that it would be a standard commercial lease, of which there is no such thing. Several days later, Gary came to us and gave us the key to the gate and told us that we could begin to move cars onto the property. He also said that he wanted more money from us. I told him that I would not move any further without seeing the lease. We felt that for us to begin to move cars in and giving him more money without viewing or signing the lease was not only unacceptable but extremely premature. Gary was told that we could not go any further without seeing the lease.
On May 14, Gary provided us the lease to review. After I had read the lease, I knew immediately that it would not be a good fit for our small business and immediately I let Gary know that this lease was not for us. I called Gary on May 17 letting him know my concerns about the lease and that we would not be able to lease the place and that we are not capable of carrying all those responsibilities. Gary then said that it was not a lease but that it was a draft. The document stated that it was the lease for the property at 15316-B Brookpark Road, not a draft. The last two pages had a section for the lessee and the owners to sign along with a place for the notary to sign. From all the research I have done, this lease falls into the category of a triple net lease. It also stated several pages into it, that upon signing the lease, we were accepted the property as is.
Gary was told that we would not be moving forward. His response to me was that we did not understand the process and that we now have to negotiate the lease. He said that we have to hire a real estate attorney to help us understand the lease. I told him “why should I hire someone to tell me what I already know? ” He was very insistent and provided me with a few phone numbers of people he already knew and said that they would be fine working with me. He gave me a lot of good reference mainly about Mr. Thomas Monroe. Gary also told me that he can sit down with me and discuss it over with me. We were not going to do this. Gary continued to call and leave messages. We began to hesitate calling him back as each time I spoke to him he would not hear me or receive our decision. He kept pressuring us and manipulating the conversation by twisting and turning everything I said around. He told me that he is not going to return my full deposit back because I did not want to negotiate the lease, which is not true. I told him many times why we could not get into this type of lease.
On May 26 I ended up consulting a real estate attorney who also has a degree in business administration. I had him review the paperwork. After consulting the attorney I decided to revoke the offer to lease. On May 27, I called Gary to let him know my final decision and that I wanted my full deposit back. Otherwise if I did not get my full refund back within 5 business days, I would take the matter further.
On June 10 we sent Dennis Troyan the head broker of Realty Professionals, Inc. Gary Pescatrice and both the owners of the property, a notarized letter indicating that we were no longer interested in moving forward with the leasing process and wanted our deposit back. Dennis called me on June 14th and said that there would be no problem returning my full refund if we felt that the property was not going to work for us. Then he started with the same pressure and manipulation that we have been going through with Gary, trying to get us to change our mind. I told him that they had five business days to return my full deposit or indicate to me when I could come and pick up my check. I also let them know that if I don’t get my full deposit back within 5 business days, I was going to report them to the Department of Commerce. Dennis got ballistic over the phone and told me that he was going to tell the owners not to rent the building to me.
On June 21, Gary left me a voice mail message asking me to call him back as he just finished speaking with the owners. On June 22, I called the Realty Professionals office around 3:35 P.M. And then again a few minutes later leaving separate voice messages for Gary Pesctrice and Dennis Troyan. I indicated that I would no longer be discussing anything other than when I could expect my full refund. I also indicated that I was prepared to take this matter further if I needed to. Forty minutes later, they sent me an email stating that they were willing to refund only half of our deposit due to the expense the owners incurred creating the lease as well as our failure to negotiate. Additionally, they asked that we sign and release Realty Professionals, Inc. And the owners from any actions or legal remedies that might be brought against them now or in the future.
This property has been vacant for three years or so and none of the things that were written in the lease proposal was shown on the lease. And Gary never discussed to me the disclosed problems about the property. If I did not go there for my second visit, I would’ve never found out that this property was not in the proper condition.
As of this date, we have not signed or returned this final paper. We feel that we are entitled to our full deposit of $2,400.00 back. It is reasonably and customary to expect a property listed for lease, to be in leasing order, along with a lease available and ready for the Lessee to review or otherwise they let people know that the property is being leased as is. People do not commit and move into anything before they see or sign a lease. They move in after everyone is in agreement and the lease is signed. Gary never tried to understand or follow any direction that I gave him and Dennis Troyan as well. He always kept dragging me down and made me questions about my current landlord and the place where I am currently renting and telling me what to do. This has all been handled so backwards, and as far as negotiation of the proposal lease goes, we feel that it is entirely up to us. This whole experience has been unprofessional, unethical, and unacceptable.
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