RE: Electronic complain filled with the Better Business Bureau Consumers Complains Office (BBB of Central Ohio, Inc.) with a request that BBB engage in debt collection activities and rating this business (Elflein Real Estate, LLC) Unsatisfactory for future consumers awareness due to Elflein Real Estate, LLC breach of our Flat Fee Listing Contract as Internet Posting Service provider; BBB - Elflein Real Estate, LLC page is at:
Http://centralohio. BBB.org/WWWRoot/Report. Aspx? Site=49&bbb=0302&firm=70009979
Dear BBB of Central Ohio, Inc.
This complain is regarding consumer-to-business involving advertisement and sale of an Internet Posting Services for Contract Breach by Elflein Real Estate, LLC breaching on March 31st our 6 month MLS Internet Posting contract after about one month, in retaliation of our notification from the day before on March 30th to Elflein Real Estate, LLC in which we clearly concluded the reasoning as: “an unacceptable breach in our contract had occurred! ”, further Elflein Real Estate, LLC misleadingly posed as it were judge and jury in one at the same time, by forcing interpretation of contract terms as offset allegedly justification reasoning, falsely interpreting terms beyond the main object of our contract for reasoning of Elflein Real Estate, LLC breaching our contract!
Contract Listing Agreement and correspondences is attached at the end.
VIOLATIONS per our Contract Listing Agreement by Elflein Real Estate, LLC:
1. Contract period time violation for the services listing provided by Elflein Real Estate, LLC:
In contract is:
“The listing is for a period beginning FEB 25 and ending AUG 25”
2. Fiduciary by contract multiple-times repeated violations by Elflein Real Estate, LLC:
In contract is:
“As the Seller’s representative, Elflein Real Estate, LLC gas the fiduciary duties to the Seller consisting of obedience, loyalty, disclosure, confidentiality, accountability and reasonable skill and care … does NOT include negotiation, review of inspections …”
3. Assuming itself supplementary powers by abusing specific contract terms by violating it’s own terms:
In contract is:
“Elflein Real Estate, LLC, the broker, do not provide advice to Seller concerning legal matters, structural or mechanical condition”
In contract is:
4. Violate the contract by modifying the contract terms and interpretation at Elflein Real Estate, LLC own initiative without the Seller agreement to amend the Contract Period or legal advice or structural or mechanical condition:
“No amendment or alterations in the terms hereof shall be valid or binding unless made in writing and signed by the parties hereto”
5. Abusively interpreting the contract Elflein Real Estate, LLC went beyond any allowable limits by contract for the services where paid for:
In contract is:
Elflein Real Estate, LLC is not marketing the property but rather listing it in the MLS database.
This is an MLS entry only listing.
6. While Elflein Real Estate, LLC took all the necessary legal precautions to be covered by the contract, they abusively posed as it were judge and jury in one at the same time, by forcing interpretation of contract terms as offset allegedly justification reasoning, falsely interpreting terms beyond the main object of our contract for reasoning of Elflein Real Estate, LLC breaching our contract terms to justify their cease of internet posting in retaliation on March 31st as revenge to our previous day notice to Elflein Real Estate from March 30th when we as Homeowners/sellers have had clearly stated that: “an unacceptable breach in our contract had occurred! ” due to extremely superficial, unsatisfactory service in opposition with the claimed fiduciary with daring, disrespectful and emotionally obvious unstable attitude toward us as customers, and with unacceptable number of corrections plus false advertising (see further down details for false advertising):
IN CONTRACT IS (Elflein Real Estate, LLC covering for potential situations that now is invoked as reason for breaching):
“Seller shall indemnify, defend and hold Broker harmless from and against any claims, demands, suits, damages, liability, losses, or expense, including reasonable attorney’s fees, arising out of any misinterpretations, nondisclosure or concealment by Seller in connection with the sale of the property, including, without limitation, the inaccuracy or incompleteness for any complains made by a Buyer or prospective Buyer before or after possession of the property with respect to any defect in this property.”
Further legal reasoning to be considered:
Beyond the fact that Elflein Real Estate, LLC breached our contract by ceasing their internet posting services after about one month of interrupted services instead of half year by our contract, Elflein Real Estate, LLC where posing as it were judge and jury in one to force interpretation of an exclusive contract term of: “Other than visible minor cracks or blemishes” as it would be equivalent of “Structural Issues” as justification for allegedly reasoning for breaching our contract, despite they have had all our signatures on the OH Disclosure Forms which – in case of sale – is under the owners legal responsibilities and is not the Internet Posting Service provider to be the judge & jury in interpreting as “Structural Issues” those categorized and excluded clear by the contract as ““Other than visible minor cracks or blemishes” in Page 2 Item E of the property disclosure statement:
STURUCTURAL COMPONENTS (FOUNDATIONS, BASEMENT/CRAWL SPACE, INTERIOR AND EXTERIOR WALLS): Do you know of any movement, shifting, deterioration, material cracks/settling (other than visible minor cracks or blemishes) or other material problems with the foundation, basement/crawl space, floors or interior exterior walls?
Accordingly we - the owners - have had legitimacy checked & signed: “NO” and this is was to be our statement responsibility toward the future buyers, and was not the concern of the Internet Posting services from Elflein Real Estate, LLC which was legally fully covered to do their posting services by all our signed papers that they presented to us to sign, and was an crystal clear abuse by Elflein Real Estate, LLC posed as it were judge and jury in one at the same time, by forcing interpretation of contract terms as offset allegedly justification reasoning, falsely interpreting terms beyond the main object of our contract for reasoning of Elflein Real Estate, LLC breaching our contract (!) by insinuating on
The forced interpretation of the “ (other than visible minor cracks or blemishes)” from the above paragraph by the Elflein Real Estate, LLC as it should be “Structural Issues” is the reasoning that they allegedly found as justification for their ceasing of their Half Year Internet Posting after just about on month, despite this interpretation would have been beyond of our contract object of internet postings, and totally the legal assume of the owners versus the buyer (no potential buyer show up and no intended offers has been ever discussed due to their postings), but Elflein Real Estate, LLC posed as it were judge and jury in one by forcing interpretation of contract terms to justify their cease internet posting retaliation on March 31st as revenge to our previous day notice to them on March 30th that “an unacceptable breach in our contract had occurred! ” due to extremely superficial, unsatisfactory service in opposition with the claimed fiduciary with daring, disrespectful and emotionally obvious unstable attitude toward us as customers, and with unacceptable number of corrections plus false advertising (see further down details for false advertising), and so we stated to Elflein Real Estate, LLC:
“After all your insinuations and repeated deplorable business behaves in the first month of your service, by very far you did not meet our contract expectations from an accredited BBB membership, you still have left five months! – Please do not make us asking you again to reinstate your service once more (per your last asking E-Mail down) while you still have to perform your duties that we have paid you for, just do your jobs right at once (!)”
On March 29 we clearly stated to Elflein Real Estate, LLC as they tried to offset the object of their Internet Posting Services beyond the purpose of our contract, by forcing inexistent meanings as allegedly STRUCTURAL, falsely insinuating in their E-Mail from: “you had advised me of certain structural issues”, despite we – the owners – have provided all the asked signatures on their forms:
We noted your comments and we found your statement untrue (and even insinuating considering previous E-Mails), you stated that:
“You had advised me of certain structural issues that arose during the construction and subsequent settling of your property that resulted in cracks that were clearly out of your control
…
I am concerned this was not disclosed on the property disclosure as required by Ohio law as I had learned of this via a third party agent who had viewed your home and inquired about the cracks. You may want to amend your property disclosure to note what knowledge you have of these cracks and that the builder did attempt to remedy them per the warranty agreement to protect yourself from potential litigation from the buyer who purchases your home at some point in the future.”
Let’s be very clear:
We NEVER advised you about ANY: “certain STRUCTURAL issues”!
The builder corrections (painting corrections, plus other manual corrections like: the interior door to garage hinge & threshold, in the laundry room the utility sink re-leveled for the proper angle drainage, a key locker height adjustment …) at the end of the one year warranty in the summer of 2003 were only little things & cosmetics, absolutely NOTHING STRUCTURAL!
Drywalls joints painted fillings having the paint cracked at the dry-wall end corners due to water evaporation in the sealing compound in-between angled flat wall surfaces being jointed at angle is a process that is happening during subsequent hot summers of any new building and can not be qualified as STRUCTURAL as these are not elements of the structural resistance of any house as you may know that already!
Neighbors in care of our property said that there is nothing to worry about and that their similar house has the same interior decorative finish drywalls drying outs small silicon paint cracks at joints too due to normal water evaporation in the sealing compound (maybe silicon gel painted?) in between drywall walls & also due to normal ageing – so again: drywalls joints fillings are part of interior finishes, NOT part of ANY house STRUCTURAL resistance mechanical structure! – Was very clear in our explanations before and it’s hard for us to believe that your mistake is made form innocence or lack of proper knowledge as you should have known that in fact very well before making this insinuation! ”
In the conditions that the papers that we have been asked to sign clearly stated at “STURUCTURAL COMPONENTS:
Do you know of any movement, shifting, deterioration, material cracks/settling (other than visible minor cracks or blemishes) or other material problems with the foundation, basement/crawl space, floors or walls?
So obviously the cracked finish paint over the joint silicon due to evaporation was nothing “STRUCTURAL other than visible minor cracks or blemishes”! – and was owners responsibility toward the potential future buyers, and not a reason for Elflein Real Estate, LLC contract breach in retaliation falsely posing as it were judge and jury in one at the same time for their own contract breach justification!
The entire message that triggered next day the retaliation final breach of contract by ceasing Elflein Real Estate, LLC Internet Posting Services of Half year after about one month was from 30 Mar as follows:
TO: Elflein Real Estate, LLC
That’s it! - Respectfully we are tired of your malicious attitude & tone plus your poor job performance and we are officially letting you know that:
As of today’s date we found you clearly are harassing us and you just hit the bottom of our patience and indulgence through this last unprofessional E-Mail in top of your continuous superficiality work and poor overall job performance, malicious & insinuator statements misconduct of an continuous oppressive behavior toward us as clients, consequently due to your unacceptable performance from your side we officially inform you that: we are clearly claiming now that an unacceptable breach in our contract had occurred! – We noted your repeated desire to break our contract by ending your posting services that we have had paid you for, so than you may start seriously thinking about how you will overall compensate us!
On short: Have you paid us for our services? Or we have had paid you for your services and you are the one harassing us through your rude, INSINUATEING dare statements аbout: per your statement “STRUCTURAL issues” (see your E-Mails before) so with malicious attitude, and of a very SUPERFICIAL work quality requiring over & over repeated corrections that you where not able to comply with by being of a fantastic superficiality from the beginning, and even further daring to mix in our business communications totally UNINVITED!?
Having in view the amount of $349.00 of your services (except we may claim a % from the property value as damages due to potential sells missed) is not worth it any more our time with your endless rude & unprofessional communications, harassing us, the court state that it often makes sense for both parties to directly negotiate a settlement for a contract breach and again we are clearly claiming now that an unacceptable breach in our contract had occurred! – You may start seriously thinking about how you will compensate us!
However, if the matter it will involves a significant amount of money a lawyer may be consulted.
What are our remedies for this contract breach?
We have these legal choices of remedies:
(1) Compensatory Damages - money to reimburse us for costs to compensate for our loss as described.
(2) Consequential and Incidental Damages - money for losses caused by the breach that were foreseeable. Foreseeable damages means that each side reasonably knew that, at the time of the contract, there would be potential losses if there was a breach.
(3) Attorney fees and Costs - only if it will be applicable.
(4) Liquidated Damages - these are damages specified in the contract that would be payable if there is a fraud like for example advertising that your posting services are for Realtor.com while you clearly do not have an account at Realtor.com, as your crystal clear advertising imply equally importance in enumeration of the three real-estate most popular websites CRIS plus NORMLS, Realtor.com than there is a an semi colon following with a different statement: “IDX rollover onto other websites …”, the exact text is:
Listing Program - Basic (CRIS & Normls MLS)
Basic listing program: Features Property in the CRIS plus NORMLS, Realtor.com;
IDX rollover onto other websites as permissible by MLS and owners of said websites.
Seller to utilize FSBO sign if so desired and to field calls.
Price: $349.00
(5) Specific Performance - a court order requiring performance exactly as specified in the contract (see above your ad for the exact details that you should have accounts for the first 3 listed sources for posting it & control as need it), specifically for real estate transactions and other unique property!
(6) Punitive Damages - this is money given to punish a person who acted in an offensive and egregious manner in an effort to deter the person and others from repeated occurrences of the wrongdoing.
TO: Elflein Real Estate, LLC
(7) Rescission - the contract is canceled and both sides are excused from further performance and any money advanced is returned.
(8) Reformation - the terms of the contract are changed to reflect what the parties actually intended.
Concluding:
You already had known our clear unhappy position in respect of your work service attitude toward us, insinuations and lack of performance in details from before, this was just shortly replaying one last time – the choice is totally yours and potentially the first step to minimize the damages is to start by refunding us from your own initiative - at list we can give you some credit for initiating the refund as you have proposed instead of us calling our credit card after you cease our listings, however this maybe as last elegant end at your proposal, not at our agreement.
Again:
As stated above, as of today’s date we found you clearly are harassing us and you just hit the bottom of our patience and indulgence through this last unprofessional E-Mail in top of your continuous superficiality work and poor overall job performance, malicious & insinuator statements misconduct of an continuous oppressive behavior toward us as clients, consequently due to your unacceptable performance from your side we officially inform you that: we are clearly claiming now that an unacceptable breach in our contract had occurred!
Again, very disappointed customers of your internet posting services for 8285 Robinwood Ter Macedonia, OH, 44056
VIOLATIONS by Elflein Real Estate, LLC of Code of Ethics and Standards of Practice of the NATIONAL ASSOCIATION OF REALTORS®
Effective January 1
REALTORS take steps, through enforcement of this Code of Ethics to eliminate practices which might discredit or bring dishonor to the real estate profession.
The term REALTOR® has come to connote competency, fairness, and high integrity resulting from adherence to a lofty ideal of moral
Conduct in business relations.
Duties to Clients and Customers:
REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary
• Standard of Practice 1-9
The obligation of REALTORS® to preserve confidential information (as defined by state law) provided by their clients …
REALTORS® shall not:
1) reveal confidential information of clients; or
2) use confidential information of clients to the disadvantage of clients; or
3) use confidential information of clients for the REALTOR®’s advantage or the advantage of third parties …
Article 2
REALTORS® shall avoid exaggeration, misrepresentation, or concealment
Of pertinent facts relating to the property or the transaction.
• Standard of Practice 2-4
REALTORS® shall not be parties to the naming of a false consideration
In any document…
Article 3
REALTORS® shall cooperate with other brokers except when cooperation
Is not in the client’s best interest.
• Standard of Practice 3-8
REALTORS® shall not misrepresent the availability of access to show
Or inspect a listed property. (Amended 11/87)
Article 5
REALTORS® shall not undertake to provide professional services
Concerning a property or its value where they have a present or
Contemplated interest…
Duties to the Public
Article 10
REALTORS® shall not deny equal professional services to any person for
Reasons of race, color, religion, sex, handicap, familial status, or
National origin…
Article 11
REALTORS® shall not undertake to provide specialized professional
Services concerning a type of property or service that is outside their
Field of competence…
Article 12
REALTORS® shall be honest and truthful in their real estate communications…
Article 13
REALTORS® shall not engage in activities that constitute the unauthorized
Practice of law…
Article 14
• Standard of Practice 14-2
REALTORS® shall not make any unauthorized disclosure or dissemination of the allegations…
• Standard of Practice 14-3
REALTORS® shall not obstruct the Board’s investigative or
Professional standards proceedings by instituting or threatening to
Institute actions for libel, slander, or defamation against any party to
A professional standards proceeding or their witnesses based on the
Filing of an arbitration request, an ethics complaint, or testimony
Given before any tribunal. (Adopted 11/87, Amended 1/99)
Duties to REALTORS®
Article 15
REALTORS® shall not knowingly or recklessly make false or misleading
Statements about competitors, their businesses, or their business
Practices. (Amended 1/92)
Article 16
REALTORS® shall not engage in any practice or take any action
Inconsistent with exclusive representation or exclusive brokerage
Relationship agreements that other REALTORS® have with clients.
(Amended 1/04)
Article 17
In the event of contractual disputes or specific non-contractual disputes
As defined in Standard of Practice 17-4 between REALTORS®
(principals) associated with different firms, arising out of their
Relationship as REALTORS®, the REALTORS® shall submit the dispute to
Arbitration in accordance with the regulations of their Board or Boards
Rather than litigate the matter.
The OH Department of Commerce - Division of Real Estate and Professional Licensing Newsletter states:
It’s a federal offense:
Misconduct of real estate licensees may subject them to liability under federal law as well as state laws and commission rules?
Model Consumer Guides to Agency Relationships
(Effective 3/25)
Model Consumer Guide for Brokerage Practicing Exclusive Seller Agency Only
Consumer guide to agency relationships:
Representing the Sellers
Most sellers of real estate choose to list their home for sale with a real estate brokerage. When they do so, they sign a listing agreement that authorizes the brokerage and the listing agent to represent their interests. As the seller’s agent, the brokerage and listing agent must: follow the seller’s lawful instructions, be loyal to the seller, promote the seller’s best interests, disclose material facts to the seller, maintain confidential information, act with reasonable skill and care.
Facts:
On Feb 23rd 2008 we paid from our Visa Credit Card to Elflein Real Estate, LLC for Half Year (6 Month) Internet Posting Services of our property in OH.
On March 31st 2008 Elflein Real Estate, LLC E-Mailed us that they terminated their Internet Posting Services without a refund, as they previously offered on 03/16/08:
“It has become rather evident per your written hand that you are less than satisfied with my services.
Per the listing agreement you have the right to terminate the listing at anytime. Although the listing clearly states the fee paid up front is non-refundable I am willing to waive that for you and refund your $349 in its entirety.
Please let me know whether you want to terminate this listing and if so to whom and what address I should mail the refund to.
I am sorry you have not been satisfied with my services … “
No other compensatory damage was offered for the remaining ~ 5 months before the legal contractual time would have expired.
This early termination was conceived as a retaliation following our announcement from the day before on March 30th to Elflein Real Estate, LLC in which after when we also indicated the related legal damages definitions potentially applicable due to poor quality service with interruptions, malicious & very moody bad-bad attitude, & tone, this lady is very unstable emotional plus poor job performance with insinuations, endless rude & unprofessional communications and not of their business as they recognize at:
Very important - on Sun, 16 Mar Elflein Real Estate, LLC crystal clear recognized in the Email that:
“I graciously offered to contact you directly. You are absolutely correct. I went above and beyond the call of duty …”
While we have not seen our house in OH build 2002 in almost two years from when we relocated to CA, we honestly write all that we could and we filled all the forms need it and sign that Elflein Real Estate, LLC provided to post it on Internet and asking specifically to respect our privacy and not to do any negotiations or other communications in the name of owners selling the house, but Elflein Real Estate, LLC recognize from the beginning that it broke the Privacy Act by posting our names associated with the phone number …Etc:
On March 15 we asked Elflein Real Estate, LLC:
“With what authority you are transmitting us these types of questions and asking imperative as soon as possible answers? We did not pay you to represent us in ANY way! Communications on our property is with us – the owners – NOT YOU! Haw you dare? ”
While we can still sell By Owners, the recognized mistake was confirmed in the next replay E-Mail as follows:
Joan Elflein < [email protected] > wrote:
“You are absolutely correct. I went above and beyond the call of duty …”
Despite we very clear repeatedely keep instructed her (Elflein Real Estate, LLC):
Date: Sun, 16 Mar 16:46: 43 -0700 (PDT)
From: "C P"
Subject: Re: I am hereby offering you the opportunity to terminate your listing with a full refund.
To: Joanelflein@columbus. Rr.com
All need it is already posted!
There is absolutely nothing that you need to do now or anytime else!
Warning:
If Elflein Real Estate, LLC broke our Contract Agreement before calling our credit card for reverse payment we will simple have to complain against Elflein Real Estate, LLC at BBB Complain & at Ohio State’s Real Estate Licensing Board, bureau or commission, so we will start complaining here:
Http://centralohio. BBB.org/WWWRoot/Report. Aspx? Site=49&bbb=0302&firm=70009979
Where is posted:
BBB Accreditation Status
This company has been a BBB Accredited business since February. This means it supports the BBB's services to the public and meets our BBB Accreditation standards.
Program Participation
This company has agreed to use special procedures including arbitration
BBB Definition:
Arbitration - http://www.dr. BBB.org/ComSenseAlt/bindArb.Asp, if necessary, to resolve disputes through their participation in the following programs: BBB Accreditation Identification, BBBOnLine
BBB Definition:
BBBOnLine - A national BBB dispute resolution program offered to companies who transact business via the Internet and allows the company to display the BBBOnLine Reliability Seal. Refer to https://www.bbbonline.org/reliability/Rel_EN.Asp for a fuller description of the program and eligibility requirements., BBB Care
BBB Definition:
BBB Care - A national BBB dispute resolution program. BBB CARE is a customer assistance program designed to help businesses and their customers resolve problems through mediation
BBB Definition:
Mediation - http://www.dr. BBB.org/ComSenseAlt/MedRules.Asp
Techniques and, if necessary, arbitration. Grown out of decades of BBB dispute resolution experience, and drawing on the experience of over 2,000 BBB arbitrators, mediators and staff, BBB CARE provides businesses and their customers with the chance to quickly address disputes at low cost and without the need to engage attorneys or the legal system. More information can be found at http://www.dr. BBB.org/programs/care.Asp.
BBB Complain:
Https://odr. BBB.org/odrweb/public/complaintlink. Aspx
Ohio Division of Real Estate and Professional Licensing:
Http://www.com. Ohio. Gov/real/
Http://www.com. State. Oh.Us/real/compmain.htm
Contact the Department of Justice - Antitrust Division about your practices ….
Consequently now is our turn to give you two clear choices:
1. You have been paid for your service, so if you would like to keep your business unaltered with a satisfactory rating with BBB and no other complain either just DO NOTHING and stop buzzing us at once!
2. If you need head aches and a BBB complain for unsatisfactory ratings to affect the future of your business, and than another complain with Ohio Division of Real Estate and Professional Licensing, and than some questionings from the Department of Justice - Antitrust Division about your practices than just broke unilaterally our contract agreement
- We whish you to be smart enough for a wise decision!
- Your response is not welcomed and no more correspondence is expected please!
- Good lack with your business and you own smart business decision!
Note:
By the way, Mrs. Puica’s first name is Mioara and not Moira as you have seen it many times by now!
Thanks,
Customers for property internet postings by Elflein Real Estate, LLC
Joanelflein wrote:
03/16/08
Cezar and Moira Puica - Owners of 8285 Robinwood Terrace, Macedonia, Ohio
I have given great consideration to the emails you have directed to me since you opted to utilize my fee for service listing program. I have never had a complaint from a client (seller or buyer) in my entire career. It has become rather evident per your written hand that you are less than satisfied with my services.
Per the listing agreement you have the right to terminate the listing at anytime. Although the listing clearly states the fee paid up front is non-refundable I am willing to waive that for you and refund your $349 in its entirety.
Please let me know whether you want to terminate this listing and if so to whom and what address I should mail the refund to.
I am sorry you have not been satisfied with my services and I wish you the best with the sale of your home.
Respectfully yours,
Joan Elflein
From: "Joan Elflein"
To: "'c p'"
Subject: RE: You are NOT ALLOWED to do ABSOLUTELY ANY communications! / RE: Questions regarding 8285 Robinhood Terrrace
Date: Sun, 16 Mar 07:22: 43 -0400
I am not trying in any way to be difficult as I continue to honor my fiduciary responsibility to you in asking you specifically how you would like me to address this clearly awkward situation in which the buyer agent called me directly and specifically requested I contact you and ask for answers and details to specific questions. I am again politely and courteously asking for SPECIFIC DIRECTION.
You are correct, I gave you two choices – I offered again to assist you and provide an answer to the questions (as you would specifically direct me to respond, hence the email) on your behalf. OR… I offered to provide him your email (which you have already posted on one MLS system per YOUR request so he can contact you directly should he so choose and let him know that you specifically request he contact you directly (if that is what you direct me to do).
Please tell me – WHAT do you want me to do? Do you want me to forward him your email address so he can contact you directly? Do you want me to provide him with a specific response to his questions and concerns? OR do you want me to completely ignore him?
Should this situation arise in the future where another agent contacts me – please tell me SPECIFICALLY how you want me to respond. (If you give me specific verbage I can and am more than willing to include that on my instructions in your file) Again I am doing everything I can to honor my fiduciary responsibility; however I need you to communicate specific instruction to me.
Please, kindly advise.
Respectfully yours,
Joan Elflein
From: C P [mailto: [email protected]]
Sent: Saturday, March 15 9:24 PM
To: Joan Elflein; Bedini Dafina
Subject: You are NOT ALLOWED to do ABSOLUTELY ANY communications! / RE: Questions regarding 8285 Robinhood Terrrace
YOU give us two choices?!?!
Who exactly do you think you are? What do you think is your exact authority on us or on our property?
How you still dare?
You are NOT ALLOWED to do ABSOLUTELY ANY communications what so ever in our names, for us, about us, or anything possible else including sharing our private data, names or that property what so ever! Is this clear enough said for you now!
STAY AWAY FROM OUR SELL! (Communications, negotiations …ETC, this is our business and IS NOT YOUR BUSSINESS!
Warning:
You highly disappointed our expectations and you severely betrayed our trust!
We hope you are able to acknowledge & finally understand at once that you DO NOT have a mandate to represent us in ANY way!
Any one future violation (trust …etc) will be penalized from now on! (Maybe you should have read carefully again our message as your questions – This was NOT for someone else! - are crystal clear already answered!)
Betrayed customers,
Owners of 8285 Robin Ter. Macedonia OH, 44056
Joan Elflein < [email protected] > wrote:
I take great offense to your response.in fact, I have never been so insulted in my 25 years in this industry.
I received a phone call from an agent who showed your property with specific questions to which he brought up direct point with reference to details and the property requesting that I obtain the answers thereto and advise accordingly. I sent you an email clearly stating the questions as well as their observations and you are offended?
The goal is to sell your home. Per the agent’s request I graciously offered to contact you directly. You are absolutely correct. I went above and beyond the call of duty because I believe in offering the best customer service to my sellers, and ensure they have the opportunity to make the sale without the risk of the potential buyer walking away.
You have two choices. You can either provide me with the answers to his questions and I can forward them to him or I can forward him your email and let him know I am unable to assist with procuring said information and that he must contact you directly.
Please let me know your preference and accept my apologies for having tried to offer the exceptional customer service I believe all of my sellers are entitled
Respectfully yours,
Joan Elflein
From: C P [mailto: [email protected]]
Sent: Saturday, March 15 1:33 PM
To: Joanelflein@columbus. Rr.com; Bedini Dafina
Subject: Re: Questions regarding 8285 Robinhood Terrrace
What? “Please respond as soon as possible”! What is this?
This is aplomb, brass & impudence!
With what authority you are transmitting us these types of questions and asking imperative as soon as possible answers? We did not pay you to represent us in ANY way! Communications on our property is with us – the owners – NOT YOU! Haw you dare?
We will sell to whomever we want and you have absolutely nothing to do with our property, please stay away from our property beyond your simple internet postings!
Please refrain to transmit these kind of information and delegate them to us directly accordingly to our contract, you just posted on MLS and nothing else while we pay for your posting services and not to represent us from your own initiative in absolutely any way!
You have no obligations to do any communications for us; we send these kinds of people (at both proper and figurative manners) right from where they came immediately! Even our property is the cheapest in the whole community; we will not sell it to this kind of people!
Just for your knowledge:
This is not a brand new house! Was build in 2002 and any brand new house is drying out during subsequent summers!
When we bought the house from the builder before moving in (June) we choused the finishes we liked from the builder palette offer, than the house was in the warranty from the builder for 1 year and before the warranty was to expires the brand new house dried out and small long cracks appeared along the steps and some walls joining …etc.
The builder came and apply the warranty corrections in the summer of however as was continue drying out along the subsequent summers not that further small cracks showed at the joining but we discover the paint was not at the exact tone with the original shade degree used from when they build it, presently other similarly further cracks maybe possible while we left for California almost 2 years ago (came in California in May and never come back there from that time!) while our neighbors would have told us if something significant was to be mentioned!
Our property is by far the cheapest in the whole similar community of about 500 homes and these kind of ignorant questions are irritating us, while the house is known build 2002 so as not new anymore!
Ms. Elflein:
You bear in mind that you just manage to upset us going beyond your authority by trying to represent us, as we did not delegate you any authorities or duties!
Customers:
Owners of 8285 Robin Ter Macedonia OH, 44056
California
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Elflein Real Estate, LLC was ignoring completely our crystal clear directions and treated us with disrespect repeatedly while keep harassing us as customers for their Internet Posting Services trying to make up facts from truncated E-Mails phrases …, both my wife and I finally end up believing about the lady owning Elflein Real Estate, LLC business that she is mentally instable in a status incompatible with the status of a serious & constant business accredited by the Better Business Bureau after judging her repeated attitude toward her paying customers for her internet posting services and trying to elude her internet posting duties behind other state duties for seller posting a house for sale which was not her business at all to mix with and also mixing into the owner selling on their own communications despite she was clearly told not to mix into owners business.
All relevant E-Mails in the chronological order is provided below for detail justifications that this woman needs to be stopped doing public business to prevent her break-out repeated occurrence of her instable & non-constant mental/loyal personality toward her customers in real estate business …!
Despite an immediate opposite meaning message from Elflein Real Estate, LLC followed our notice of contract breach due to the Internet Posting Service Provider (Elflein Real Estate, LLC) on March 31st (next day after our notice to them that we are clearly claiming now that an unacceptable breach in our contract had occurred!) to prevent the legal course that we have just clearly announced the day before and in retaliation the Elflein Real Estate, LLC terminated the internet posting despite the services has been paid for a period of half year (6 months) providing no refund and a false reasoning for the termination of their services
Elflein Real Estate, LLC supposed to perform Internet Posting Services, while any other aspects related to OH State owners signed per the best of their ability, while Elflein Real Estate, LLC try to heavily offset unrelated meanings of their Internet Posting Services forcing any meanings about heavily truncated meanings and present all out of the real context by avoiding the clear provided details and choose only what would have in their advantage to justify their early termination of Internet Posting Services as a justification to break our contract as a “breach of terms in the listing agreement by the seller” in retaliation of a frustrated replay to our clearly announcement & detailed explanations from the day before March 30th that they break the contract following “a breach in our contract” due to the service provider for our internet posting (Elflein Real Estate, LLC) also warning them about repeated service interruptions on Sat, 29 Mar:
“After all your insinuations and repeated deplorable business behaves in the first month of your service, by very far you did not meet our contract expectations from an accredited BBB membership, you still have left five months! – Please do not make us asking you again to reinstate your service once more (per your last asking E-Mail down) while you still have to perform your duties that we have paid you for, just do your jobs right at once (!)”
Elflein Real Estate, LLC mixed in our communications business despite our repeated notices that:
We assume full responsibility of our property - which has nothing to do with your Internet Posting Services once you got all forms signed, despite you mistakenly tried to imagine & transform yourself in a supreme GOD Judger and extend your poor judgments over your Internet Posting Services as well thinking that it may allow/delegate you GREAT JUDGEMENT OVERALL POWERS, while per our believe – as OWNERS of our 2002 build property is nothing STRUCTURAL to note in the forms that we sign despite all your repeated insinuations! (Elflein Real Estate, LLC try to insinuate as supreme reason for their termination and we v. Clearly explained is not the case and is not their business until Elflein Real Estate, LLC ceased the Internet Posting Services after 1 month instead of Half Year!)
Explanations of the Elflein Real Estate, LLC’ clients for their Internet Service Postings are in red:
From: "Joan Elflein"
To: [email protected], [email protected]
Subject: The listing at 8285 Robinwood terrace has been terminated effective immediately.
Date: Mon, 31 Mar 12:35: 42 -0400
Cezar and Moira Puica, 03/31/08
I am hereby terminating your listing for the property located at 8285 Robinwood Terrace located in Macedonia Ohio, due to breach of terms in the listing agreement by the seller as clarified and documented below.
Despite this came after a totally different opposite meaning message (another proof of mental instability) this is in retaliation of our notice from the day before stating clearly: we are clearly claiming now that an unacceptable breach in our contract had occurred! (Due to repeated fault of Elflein Real Estate, LLC of service interruptions, malicious attitude & tone plus very poor job performance!)
Paragraph 5 of page two of the listing agreement initialed, signed and dated 02/23 by the seller states:
“Seller understands that Ohio law requires Broker to disclose all adverse material facts related to the condition of the property actually known by the Broker or Seller. Seller acknowledges that broker is subject to and will abide by the rules and regulations as stated by Ohio law, the Ohio Division of Real estate, the National Association of Realtors, the multiple listing service and the Realtor associations to which the Broker is affiliated.”
As owners inform, filled and signed all the need it forms given per the best of our knowledge as your business was the Internet Posting Services just, any other communications with agents or buyers while we also can sell exclusively by Owners we made it very clear to you that is not your business and all should be directed to owners exclusively, as we assumed all the legal consequences regarding our property not you!
Your service was the Internet Postings Services per your false proofed advertising (as you do not have a paying account with Realtor.com despite you advertise as it would be under your control to post there and was proofed not!):
Listing Program - Basic (CRIS & Normls MLS)
Basic listing program: Features Property in the CRIS plus NORMLS, Realtor.com;
IDX rollover onto other websites as permissible by MLS and owners of said websites.
Seller to utilize FSBO sign if so desired and to field calls.
Price: $349.00
You, as the seller have disclosed material defect in the property to which you are aware as stated in your email response to me on March 15th at 1:33PM.
This is another fake statement we crystal clear & repeated explained to with exactly these words that:
We noted your comments and we found your statement untrue (and even insinuating considering previous E-Mails), you stated that:
“You had advised me of certain structural issues that arose during the construction and subsequent settling of your property that resulted in cracks that were clearly out of your control …”
Let’s be very clear:
We NEVER advised you about ANY: “certain STRUCTURAL issues”!
The builder corrections (painting corrections, plus other manual corrections like: the interior door to garage hinge & threshold, in the laundry room the utility sink re-leveled for the proper angle drainage, a key locker height adjustment …) at the end of the one year warranty in the summer of 2003 were only little things & cosmetics, absolutely NOTHING STRUCTURAL!
Drywalls joints painted fillings having the paint cracked at the dry-wall end corners due to water evaporation in the sealing compound in-between angled flat wall surfaces being jointed at angle is a process that is happening during subsequent hot summers of any new building and can not be qualified as STRUCTURAL as these are not elements of the structural resistance of any house as you may know that already!
Neighbors in care of our property said that there is nothing to worry about and that their similar house has the same interior decorative finish drywalls drying outs small silicon paint cracks at joints too due to normal water evaporation in the sealing compound (maybe silicon gel painted?) in between drywall walls & also due to normal ageing – so again: drywalls joints fillings are part of interior finishes, NOT part of ANY house STRUCTURAL resistance mechanical structure! – Was very clear in our explanations before and it’s hard for us to believe that your mistake is made form innocence or lack of proper knowledge as you should have known that in fact very well before making this insinuation!
Also we haven’t seen our house in OH from almost two years from when we relocated to California, but now as is worming we may decide to paint all interior & than we will update all our postings (including yours) mentioning something like: “freshly maintained with light butter color interior paint”.
However to the end this was our responsibility (Owners of this 2002 build house) when somebody would have bought the house and not your business to terminate your Internet Posting Services that we paid you for Half an Year and you rudely terminated after 1 month of harassing us and moody attitudinal behave of an clear unprofessional manner, despite you lying stated on Sun, 30 Mar that:
“Your listing is in effect for 6 months per your request and is active in the MLS (without any stoppages at all) for 6 months.”
“Please note – I did NOT say you had to amend it. I did not say you needed to amend it. You are the ONLY person who knows the true status of your property – I have never been in it.”
& “…my rights are as a real estate Broker to simply terminate the listing as I will not subject myself to 5 more months of what I perceive to be harassing threats from you.”
Also they provided interrupted services as they recognize themselves:
“I will email you a new link – it will also be good for 30 days. When that link no longer works you may email a request for another one.”
Your exact quote as follows:
“The builder came and apply the warranty corrections in the summer of however as was continue drying out along subsequent summers not that further small cracks showed at the joining but we discover the paint was not at the exact tone with the original shade degree used from when they build it”
Statement has been detailed clarified above as not STRUCTURAL – as you repeatedly forced interpretations by insinuating it - and owners assume the responsibility, was not your business to terminate you Internet Posting Services that you have been paid for Half Year:
We NEVER advised you about ANY: “certain STRUCTURAL issues”! (Per your text)
The builder corrections (painting corrections, plus other manual corrections like: the interior door to garage hinge & threshold, in the laundry room the utility sink re-leveled for the proper angle drainage, a key locker height adjustment …) at the end of the one year warranty in the summer of 2003 were only little things & cosmetics, absolutely NOTHING STRUCTURAL!
Drywalls joints painted fillings having the paint cracked at the dry-wall end corners due to water evaporation in the sealing compound in-between angled flat wall surfaces being jointed at angle is a process that is happening during subsequent hot summers of any new building and can not be qualified as STRUCTURAL as these are not elements of the structural resistance of any house as you may know that already!
Neighbors in care of our property said that there is nothing to worry about and that their similar house has the same interior decorative finish drywalls drying outs small silicon paint cracks at joints too due to normal water evaporation in the sealing compound (maybe silicon gel painted?) in between drywall walls & also due to normal ageing – so again: drywalls joints fillings are part of interior finishes, NOT part of ANY house STRUCTURAL resistance mechanical structure! – Was very clear in our explanations before and it’s hard for us to believe that your mistake is made form innocence or lack of proper knowledge as you should have known that in fact very well before making this insinuation!
You also quoted in the same email “Communications on our property is with us-the owners – NOT YOU! How you dare? ”
Even in your ad you posted that: “Seller to utilize FSBO (For Sale By Owner) signs if so desired and to field calls. – So all the communications are Owners business and nobody else’s, neither the Internet Posting Services that you where paid for and did not provide to the extended of our contract of Half Year (but just for one struggling moth instead):
Listing Program - Basic (CRIS & Normls MLS)
Basic listing program: Features Property in the CRIS plus NORMLS, Realtor.com;
IDX rollover onto other websites as permissible by MLS and owners of said websites.
Seller to utilize FSBO sign if so desired and to field calls.
Price: $349.00
In your email dated 03/15 at 9:24PM you stated the following:
“You are NOT ALLOWED to do ABSOLUTELY ANY communications what so ever in our names, for us, about us, or anything possible else including sharing our private data, names or that property what so ever! Is this clear enough said for you now! Stay away from our sell! (Communications, negotiations…ETC, this is our business and IS NOT YOUR BUSINESS! ”
This is EXACTLY RIGHT and we are keeping saying as you also recognize yourself on:
Very important - on Sun, 16 Mar Elflein Real Estate, LLC crystal clear recognized in the Email that:
“I graciously offered to contact you directly. You are absolutely correct. I went above and beyond the call of duty …”
Per the State of Ohio Department of Commerce Property Disclosure Form which you completed, initialed, signed and dated on 02/23 you did not disclose either the issues or the remedies as you have stated in your email dated 03/15 @ 1:33PM.
We assume full responsibility of our property - which has nothing to do with your Internet Posting Services once you got all forms signed, despite you mistakenly tried to imagine & transform yourself in a supreme GOD Judger and extend your poor judgments over your Internet Posting Services as well thinking that it may allow/delegate you GREAT JUDGEMENT OVERALL POWERS, while per our believe – as OWNERS of our 2002 build property is nothing STRUCTURAL to note in the forms that we sign despite all your repeated insinuations!
In reviewing page 2 item E of the property disclosure statement completed by you – the seller: STURUCTURAL COMPONENTS (FOUNDATIONS, BASEMENT/CRAWL SPACE, INTERIOR AND EXTERIOR WALLS): Do you know of any movement, shifting, deterioration, material cracks/settling (other than visible minor cracks or blemishes) or other material problems with the foundation, basement/crawl space, floors or interior exterior walls?
You checked “NO”. However in the email you sent me dated 03/15 at 1:33PM you clearly stated “the builder came and apply the warranty corrections in the summer of 2003.”
You transformed again in a typical kind of GOD JUDGEMNT?
There was absolutely nothing else than we already marked and sign for, as the CONTRACT specifically excludes: “other than visible minor cracks or blemishes” from the text above, so this is exactly what Elflein Real Estate, LLC try to justify as reason for termination of the services 5 months before the contract time expiration (!), by trying to transform those it in STRUCTURAL – per your exact text, which is not neither relevant or accurate and not true! This has nothing to do with your business we paid you for your internet Posting Services, while it’s our business to assume full responsibility of our property - which again: has nothing to do with your Internet Posting Services once you got all forms signed, despite you mistakenly tried to imagine & transform yourself in a supreme GOD Judger and extend your poor judgments over your Internet Posting Services as well thinking that it may allow/delegate you GREAT JUDGEMENT OVERALL POWERS, while per our believe – as OWNERS of our 2002 build property is nothing STRUCTURAL to note in the forms that we sign despite all your repeated insinuations! (Elflein Real Estate, LLC try to insinuate as supreme reason for their termination and we v. Clearly explained is not the case and is not their business until Elflein Real Estate, LLC ceased the Internet Posting Services after 1 month instead of Half Year!)
To refer back to the listing agreement paragraph 5 of page two of which you initialed signed and dated 02/23 – I as the broker am required to disclose “all adverse material defects”
You received all the forms need it for your posting as posting agent, every thing else is beyond your purpose and you try to transform in a GOD JUDGER – THIS MAKE US THINKING THAT MAYBE YOUR MENTHAL ABILITYES ARE NOT NOT=RMAL due to repeated variations and inconsistent behave and oppressive attitude!
To refer to the listing agreement page one paragraph two of which you initialed signed and dated 02/23 “As the Seller’s representative, Elflein Real Estate has fiduciary duties to the Seller consisting of obedience, loyalty, disclosure, confidentiality, accountability and reasonable skill and care.”
This is exactly that Elflein Real Estate, LLC did not do!
The Ohio Revised Code Section 4735.62 Item C “Following any lawful instructions of the client.”
This is AGAIN exactly that Elflein Real Estate, LLC did not do!
You have clearly stated “You are NOT ALLOWED to do ABSOLUTELY ANY communications what so ever”.
Again you truncated our text message!
The exact context of our replay from March 15 was that:
What? “Please respond as soon as possible”! What is this?
This is aplomb, brass & impudence!
With what authority you are transmitting us these types of questions and asking imperative as soon as possible answers? We did not pay you to represent us in ANY way! Communications on our property is with us – the owners – NOT YOU! Haw you dare?
We will sell to whomever we want and you have absolutely nothing to do with our property, please stay away from our property beyond your simple internet postings!
Please refrain to transmit these kind of information and delegate them to us directly accordingly to our contract, you just posted on MLS and nothing else while we pay for your posting services and not to represent us from your own initiative in absolutely any way!
You have no obligations to do any communications for us; we send these kinds of people (at both proper and figurative manners) right from where they came immediately! Even our property is the cheapest in the whole community; we will not sell it to this kind of people!
And again: Absolutely YES, and we – the owners – are keep saying that Elflein Real Estate, LLC severely mixed in our sellers / Owners business despite explicitly where notified to stay away as we can sell also “By Owner” without any real estate agent intermediation – from Elflein Real Estate, LLC advertisement:
“Seller to utilize For Sale By Owner sign if so desired and to field calls.”
IMPORTANT - on Sun, 16 Mar Elflein Real Estate, LLC crystal clear recognized in the Email that:
“I graciously offered to contact you directly. You are absolutely correct. I went above and beyond the call of duty …”
Your request is in violation of The Ohio Revised Code Section 4735.62 Item C “Following any lawful instructions of the client, ” therefore your listing has been terminated effective immediately.
Our instructions was absolutely always 100% lawfully, and is not up to you to pose in a Supreme Judge and cease as a retaliation next morning that we showed you the breach in our contract due to you: Elflein Real Estate for your Internet Posting Services that we paid you for Hal-Year, at your own discretion by offsetting meanings not under your decision!
Your termination violates our contract agreement of Half Year – 6 months of your Internet Posting Services, and not just one month – this is a violation of our Contract while our instructions where at all times fully lawfully despite your trials of transforming yourself in a supreme GOD JUDGEMENT having no authority of terminating the contract without the other party agreement, by terminating the Internet Posting Services that we have paid Elflein Real Estate, LLC for Half an Year not for one month of struggling, rude, abusing and harassing service with interruptions and insinuations, again:
Elflein Real Estate, LLC crystal clear recognized in the Email from Sun, 16 Mar that:
“You are absolutely correct. I went above and beyond the call of duty …”
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