Seller refusing to retain Earnest Money after not responding within contract guidelines to repair request.
Notice of Contestment Non Return of Ernest Money
I Nichole Freeman Coleman previous potential buyer of property 657 Village Crest Circle Hoover, Al 35226 request return of earnest money funds for reasons cited below or arbitration hearing of the subject matter: Seller, requesting to keep 1000 in EM. My contest is as follows. Ernest Money per contact is based on inspection. Two inspections were complete on property and a list of repairs drafted on April 20. This list was provided to the seller no later than April 21 which was within contract guide lines. The seller had three days until April 26 to confirm or deny repair requests. The seller did not respond with time frame. When asked for status, I was advised by ReMax agent Charlene Carter: “the seller’s agent Ann is requesting please be patient.” She was waiting on another bid. This response occurred on numerous occasions. Finally on April 29 I began to receive the following text dialogue:
April 20 10:07 AM: Charlene Carter ReMax
Give me a call when you can. I have spoken to Ann and I need to go over some things with you.
Self-10:07 AM
Ok
During that phone conversation, I still did not receive confirmation for repairs. Call was to advise they are still gathering bids.
May 1 6:34 PM to Charlene Carter:
Hi Charlene. I sent you and Darryl an email with the proof the under writer requested in the approval statement.
May 1 6:35 PM to Charlene Carter
I also sent Joseph Brown the EFIS report. He wanted to include it with his.
May 2 to Charlene Carter 12:33 PM
Did you hear anything?
Charlene Carter 12:36 PM
No not yet but I will let you know I did get your information yesterday
May 2 12:36 PM to Charlene Carter
Ok
May 3 2:24 PM to Charlene Carter
Did y hear anything?
Fw: 657 Village Crest Circle— EIFS
From: "charlene. [email protected]"
View Contact
To: Nichole Freeman-Coleman
Sent via BlackBerry from T-Mobile
From: "ann"
Date: Wed, 4 May 11:28: 59 -0500
To:
Subject: Re: 657 Village Crest Circle— EIFS
Charlene,
The lender for this property has called. I have talked with the contractor today and I will have his report today.
Ann Thomas
Assistant to Brian Bentley
Bentley Realty Group, Inc.
1929 Hoover Court
Birmingham, AL 35226
Office # 205-823-7058
Fax # 205-823-7880
Email: [email protected]
From: charlene. [email protected]
Sent: Thursday, April 28 6:53 PM
To: [email protected]
Subject: Re: 657 Village Crest Circle— EIFS
Hi Ann,
We have an inspection and it also cost 500.00 we can get that one over to you or will she have to pay another 500.00?
My family is safe but we have no power which is only minor. I have asked the mortgage broker to forward you a copy will follow up with him.
Sent via BlackBerry from T-Mobile
From:
Date: Thu, 28 Apr 15:47: 50 -0700
To:
Subject: 657 Village Crest Circle— EIFS
Hey Charlene,
I hope you are ok and your family as well.
I tried to call you in regards to the EIFS that the apprasier has called out on his report. I have talked with our contractor in regards to the EIFS inspection and this will have to be completed by contractor that specializes in this area. I have one in mind and he charges $500.00 for the report and this will have to be paid up front for.
Please get with your buyer and let me know. I will be getting in touch with this contractor to find out when he can go out.
Thank you,
Ann Thomas
Assistant to Brian Bentley
Bentley Realty Group
1929 Hoover Court
Birmingham, AL 35226
Office 205-823-7058
Fax 205-823-7880
May 5 Phone conversation approximately 9:30 PM:
Charlene advised the sellers (Ann) were still getting bids. She stated Ann was attempting to get bids for all the repairs and it wasn’t needed. Only repairs on appraisal report. I advised all bids are needed which are listed on the underwriters report. I also this was unacceptable. I needed documented commitment by Friday 6. The sellers had dragged their feet and I was working within set guidelines. I still didn’t know if they were going to say yes or no to the repairs. During that conversation, I also advised if I didn’t have the information by end of business day to cancel the contract and request my earnest money back.
May 6 8:45 AM to Charlene Carter and Darryl Richardson (Synovus Bank)
Good Morning. I sent you an email of the under writing approval. Number 8 lists all the repairs which have to be completed to close. I’m not sure if this is where the confusion stems. But the loan cannot close without the requirements being completed. I am simply requesting documentation from the sellers of a commitment for repairs completion by closing. If they are requesting documentation an extension, I need to know the length of the request also in writing to make a determination. Also attached is the good faith estimate which is available thru May 13. So I need to know this today. Thanks Charlene
May 6 2:37 PM from Charlene Carter
I need to send you something which is the best address?
2:37 PM to Charlene
Im at home
2:38 PM from Charlene
Ok here they come.
2:38 PM to Charlene
Ok
Fri, May 6 2:47: 12 PM
Fw: Freeman
From: "charlene. [email protected]"
View Contact
To: Nichole Freeman-Coleman
Sent via BlackBerry from T-Mobile
From: "ann"
Date: Fri, 6 May 14:41: 10 -0500
To:
Subject: Re: Freeman
1220.
Ann Thomas
Assistant to Brian Bentley
Bentley Realty Group, Inc.
1929 Hoover Court
Birmingham, AL 35226
Office # 205-823-7058
Fax # 205-823-7880
Email: [email protected]
From: charlene. [email protected]
Sent: Friday, May 06 2:40 PM
To: ann
Subject: Re: Freeman
Ann give me the amount of the repairs again please and can she see the estimate for the repairs.
Sent via BlackBerry from T-Mobile
From: "ann"
Date: Fri, 6 May 14:28: 33 -0500
To: darryl richardson
Cc: Charlene Carter
Subject: Re: Freeman
Oh that is not what I was hoping to hear.
Ok Charlene, find out from your buyer, if she can pay the difference.
Then I will ask.
Ann Thomas
Assistant to Brian Bentley
Bentley Realty Group, Inc.
1929 Hoover Court
Birmingham, AL 35226
Office # 205-823-7058
Fax # 205-823-7880
Email: [email protected]
From: darryl richardson
Sent: Friday, May 06 2:20 PM
To: [email protected]
Cc: charlene. [email protected]
Subject: Freeman
The answer is yes to closing cost question. We are using the full amount, she had to pay the difference of the sales price to qualify.
NOTICE: This communication is intended only for the person or entity to whom it is addressed and may contain confidential, proprietary, and/or privileged material. Unless you are the intended addresse, any review, reliance, dissemination, distribution, copying or use whatsoever of this communication is strictly prohibited. If you received this in error, please reply immediately and delete the material from all computers. Email sent through the Internet is not secure. Do not use email to send us confidential information such as credit card numbers, PIN numbers, passwords, Social Security Numbers, Account numbers, or other important and confidential information.
Fri, May 6 2:44: 46 PM
Fw: Freeman
From: "charlene. [email protected]"
View Contact
To: Nichole Freeman-Coleman
Sent via BlackBerry from T-Mobile
From: charlene. [email protected]
Date: Fri, 6 May 19:40: 44 0000
To: ann
ReplyTo: charlene. [email protected]
Subject: Re: Freeman
Ann give me the amount of the repairs again please and can she see the estimate for the repairs.
Sent via BlackBerry from T-Mobile
From: "ann"
Date: Fri, 6 May 14:28: 33 -0500
To: darryl richardson
Cc: Charlene Carter
Subject: Re: Freeman
Oh that is not what I was hoping to hear.
Ok Charlene, find out from your buyer, if she can pay the difference.
Then I will ask.
Ann Thomas
Assistant to Brian Bentley
Bentley Realty Group, Inc.
1929 Hoover Court
Birmingham, AL 35226
Office # 205-823-7058
Fax # 205-823-7880
Email: [email protected]
From: darryl richardson
Sent: Friday, May 06 2:20 PM
To: [email protected]
Cc: charlene. [email protected]
Subject: Freeman
The answer is yes to closing cost question. We are using the full amount, she had to pay the difference of the sales price to qualify.
NOTICE: This communication is intended only for the person or entity to whom it is addressed and may contain confidential, proprietary, and/or privileged material. Unless you are the intended addressee, any review, reliance, dissemination, distribution, copying or use whatsoever of this communication is strictly prohibited. If you received this in error, please reply immediately and delete the material from all computers. Email sent through the Internet is not secure. Do not use email to send us confidential information such as credit card numbers, PIN numbers, passwords, Social Security Numbers, Account numbers, or other important and confidential information.
Fri, May 6 2:44: 26 PM
Fw: Freeman
From: "charlene. [email protected]"
View Contact
To: Nichole Freeman-Coleman
Sent via BlackBerry from T-Mobile
From: "ann"
Date: Fri, 6 May 14:28: 33 -0500
To: darryl richardson
Cc: Charlene Carter
Subject: Re: Freeman
Oh that is not what I was hoping to hear.
Ok Charlene, find out from your buyer, if she can pay the difference.
Then I will ask.
Ann Thomas
Assistant to Brian Bentley
Bentley Realty Group, Inc.
1929 Hoover Court
Birmingham, AL 35226
Office # 205-823-7058
Fax # 205-823-7880
Email: [email protected]
From: darryl richardson
Sent: Friday, May 06 2:20 PM
To: [email protected]
Cc: charlene. [email protected]
Subject: Freeman
The answer is yes to closing cost question. We are using the full amount, she had to pay the difference of the sales price to qualify.
NOTICE: This communication is intended only for the person or entity to whom it is addressed and may contain confidential, proprietary, and/or privileged material. Unless you are the intended addressee, any review, reliance, dissemination, distribution, copying or use whatsoever of this communication is strictly prohibited. If you received this in error, please reply immediately and delete the material from all computers. Email sent through the Internet is not secure. Do not use email to send us confidential information such as credit card numbers, PIN numbers, passwords, Social Security Numbers, Account numbers, or other important and confidential information.
Fri, May 6 2:43: 50 PM
Fw: Freeman
From: "charlene. [email protected]"
View Contact
To: Nichole Freeman-Coleman
2 Files Download All
3605672776.html (1kb); darryl richardson. Vcf (1kb)
Sent via BlackBerry from T-Mobile
Original Message
From: "darryl richardson"
Date: Fri, 6 May 14:20: 33
To:
Cc:
Subject: Freeman
The answer is yes to closing cost question. We are using the full amount, she had to pay the difference of the sales price to qualify.
NOTICE: This communication is intended only for the person or
Entity to whom it is addressed and may contain confidential,
Proprietary, and/or privileged material. Unless you are the
Intended addressee, any review, reliance, dissemination,
Distribution, copying or use whatsoever of this communication is
Strictly prohibited. If you received this in error, please reply
Immediately and delete the material from all computers. Email sent
Through the Internet is not secure. Do not use email to send us
Confidential information such as credit card numbers, PIN numbers,
Passwords, Social Security Numbers, Account numbers, or other
Important and confidential information.
Inline Attachment Follows: 3605672776.html
The answer is yes to closing cost question. We are using the full amount, she had to pay the difference of the sales price to qualify.
NOTICE: This communication is intended only for the person or entity to whom it is addressed and may contain confidential, proprietary, and/or privileged material. Unless you are the intended addressee, any review, reliance, dissemination, distribution, copying or use whatsoever of this communication is strictly prohibited. If you received this in error, please reply immediately and delete the material from all computers. Email sent through the Internet is not secure. Do not use email to send us confidential information such as credit card numbers, PIN numbers, passwords, Social Security Numbers, Account numbers, or other important and confidential information.
Inline Attachment Follows: DARRYL RICHARDSON. Vcf
Begin: vcardversion: 2.1x-gwtype: userfn: darryl richardsonemail;work;pref;ngw: darrylrichardson@synovusmortgage. Comn: richardson;darryltitle: mortgage loan originatorend: vcard
2:45 PM to Charlene
I am missing some info.
2:48 PM from Charlene
Yeah I am going to call you asap I am actually in the chair right now getting my hair done and the emails are going to help when we do talk.
2:48 PM to Charlene
Ok
3:07 PM to Charlene
We’er you trying to send attachment?
3:09 PM from Charlene
No I don’t think So
3:10 PM to Charlene
U didn’t send any info
Phone call from Charlene to advise the sellers are requesting a one week extension to May 27 and they have completed the list of repairs. The list totals 1220. They request I make the repairs. I advised Charlene, I look like a fool making repairs for a house that is not mine. Charlene then advised They offered the following. I pay for the repairs at closing. They reduce the selling price. I asked Charlene if the 1220 included the 500 the were to pay? Charlene said she would call me back after asking.
May 6 3:53 PM to Charlene
Ask her what r the repairs for. Where’s the breakdown?
3:57 Pm from Charlene
Remember I did. I sent you the email showing where I asked for a copy of the estimate and I will let you know.
3:59 PM to Charlene
Ok. Not complaining. But seems really cheap compared to 25k.
4:01 PM from Charlene
Yeah I know that is why I wanted to see this information.
5:06 PM to Charlene
Did she respond?
May 9 4:06 PM
Hey Nichole, Please give me a call when you can. I have spoken to the agent.
May 10 11:59 AM
Hi Nichole, I have a document for you extending closing one week for on or before May 27th. Please let me know where to send it Thanks!
May 10 12:26 PM to Charlene
Charlene I confused. On Friday I sent a message asking for info by that day. It was not received. I am not paying for any repairs or agreeing to an extension. I explained to you Thursday, if I didn’t receive the info by Friday. I wanted my EM back.
Phone call to Charlene approximately 3:45 PM
I advised Charlene to cancel. Charlene advised she had spoken to Darryl and he has contacted sellers. He requested they provide the breakdown of repairs to the back. The bank would hold the money for repairs in an escrow account with any attorney payable upon completion. Also that it was the banks intention to make sure I do not move twice, so that we could close on Friday May 13. I asked what about the money I needed to bring to closing. Reminded I have to request funds. And that I advised all parties of this. Charlene advised she would call me back after speaking to Darryl. Asked that I call Darryl
Darryl advised he spoke to Ann and she was to send the repair list and cost request to the bank that day. Confirmed the funds would be placed in escrow with an attorney. The repair list had to be approved by the bank. I asked about the money I needed to request, He advised he would call my back Wed money.
Wed May 11
Phone call to Darryl aprox 11:45
Darryl advised he had not received the repair request and would call Ann then to request it again.
Thursday May 12
Call to Darrly Richardson – No answer
See attached email to Charlene Carter and Darryl Richardson
Thursday May 12 4:45 PM to Charlene
Did u get my msg?
5:01 PM from Charlene
I did
May 13 10:03 AM from Charlene
Good Morning!
The seller is saying they are willing to make repairs and asked for an extension until the 27th of May. Now with that being said they want to retain your earnest money because you want to cancel the contract before the end of the contract of May 20th. They are saying they are willing to complete the contract and they will allow cancelation but they will retain the earnest money. They seller is saying they are in compliance with contract. Please let me know your thoughts on all of this.
May 13 10:06 AM to Charlene
Review the contract for conditions regards reply to repairs and also they cannot have an extension. Also they didn’t provide the requested documents that were requested. They are out of compliance.
May 13 10:10 AM To Charlene
Also I never agreed to exact terms of repairs.
May 13 10:11 to Charlene
I advised last week what I wanted.
May 13 10:22 AM from Charlene
I have been working on this since that time relaying information and trying to since that time now going on seven days to get done what you asked of me.
I work for you and I am trying to successfully complete this for you. At this point the seller is saying they are in compliance and they are willing to complete the contract therefore they want to retain the earnest money funds.
May 13 10:48 AM to Charlene
Let me ask you this.in your professional opinion, are they in compliance? Did they adhere to the terms of the contract? I say no. Bu I want to know what you think?
May 13 10:50 AM from Charlene
Ok
Phone call to Charlene May 13 approximately 4:00 PM
I verbally ask the previous question to Charlene. Charlene advises she will putt the contract and call back.
Charlene calls back with the contract and confirms no the seller didn’t respond with in time line outlined by the contract.
May 16 9:00 AM Call from Darryl
Called to advise he did receive the 1220 break down from the seller which the bank rejected. Also advised the seller had to fix everything on the underwriters report and I didn’t have to pay anything. I advised Darryl I did not receive any communication advising those facts. I also confirmed to Darryl I moved and incurred expenses moving and have to be bought out of my lease. Darryl said he would contact the sellers for possible compensation and would call back in an hour.
About two hours Darryl calls back to advise the sellers will not provide funds toward move or lease buy out. I advise Darryl, I am content and do not have to move. I also advise that the fact that I was almost homeless was not important to anyone else. Nobody cared because it didn’t affect them. The sellers dragged their feet and I didn’t receive proper communicated facts. I advised him I would request the release form from Charlene again.
May 18 Call from Darryl 11:00 AM
Darryl called to advise he would give 800 towards my move. The sellers will only provide five hundred towards repairs. Then he asked how can we get this deal closed? I advised Darryl repairs are more than five hundred. He says only 1220. At that point my phone died. I didn’t call back. He sent a text asking if he did something wrong? I advised yes. He claimed he was only trying to help.
In addition A copy of completed contract is attached for review.
In conclusion, the seller’s extension was rejected. They did not reply to request for information for repairs in a timely matter. Based on the contract, I am entitled to refund of EM funds. I am requesting refund of earnest money funds mailed to the following address.
140 6th Ave N. Bessemer, Al 35020
Best Regards
Nichole Freeman Coleman
I
Bottom line - sellers are not entitled to earnest funds contract terms were not adhered to. Sellers are not where not in compliance with repair guidelines
.
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