This is a copy of the letter that I emailed to Michael McLean:
Broker Trust Fund Mismanagement
I just spoke with the person who claims to cut the checks and manage your trust fund, and his rude and indifferent attitude and your firms error in the check I received today in the amount of $312.50, $455 gross for FIVE NIGHTS STAY DURING EASTER WEEK at CCC 272 is the reason that I am writing you, and, if this matter is not resolved forthwith, the DRE Broker Trust fund Division to ask for their assistance.
When I pointed out the error to your clerk, he blamed a person named KARL who was not available to speak to until tomorrow, Thursday. The clerk stated that all that was collected from the tenant was $455, and, even if the situation could be remedied, you ONLY cut checks at the end of each month, meaning that I must wait another 30 days for my money.
As a real estate broker since 1992, I have a fairly good understanding of how trust funds should be managed. Money in, money out to the client. If you made an error in accounting, you cannot hold and use the funds for thirty additional days, you, by law, must fix the error and pay me, the client for whom you hold the money in trust. Period.
More, if you did not collect enough rent, you need to collect or otherwise make good from the tenant, or pay the difference yourself. Understand that I never authorized this unit to rented at $91 per day. We have an agreement as to the rate and terms under which this unit would be rented. I would have had family stay there rahter than collect $312.50 for the five days of Easter weekend.
I am absolutely furious by the attitude of your clerk who blew me off and said that once this matter is corrected, he would mail me a check at month's end because, "that's how it's been done for 26 years here". If you cannot cut a check other than at the end of the month when clearly an error has been made, you are not handling trust monies correctly.
In summary, I expect a call or email from you today, or my letter the DRE goes out Thursday. Your clerk told me that HE would call me back Thursday, but, with his attitude, I do not wish to speak to him after he hung up on me. More, your clerk stated that you are seldom there and do not speak to clients. Again, if you are this hands off perhaps you are not checking the trust account regularly as required by law. I urge you to help me and get me my money, or I will get you the help that you seem to need from the DRE.
Lastly, you folks lost my pool key, or never got it back from the folks who rented in March. Please replace it.
Kindest Regards,
Don ferreira
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