September 9
PMT
704 West 24th St.
Austin, TX 78705
Attn: John Firnhaber, Broker
During the second week of June, I contacted Chesney Coker regarding the lease for aforementioned property which I had found on AustinHomeSearch.com or in the newspaper. He gave me some information about the property which INCLUDED informing me that all utilities were included except the electricity itself. He then e-mailed me photos on June 29th. I did not contact him again until the 29th of July.
On or about the 30th of July, Chesney Coker, Agent physically showed me the property mentioned above. Later that evening I called him and told him I would bring a deposit to your office on Saturday the 31st of July which I did. I left a check in the amount of $1400 with him and signed the application. Pursuant to this meeting I filled out my own Texas promulgated contract and faxed it to your office on the 6th of August. Chesney later informed me that he would have to represent me as intermediary and I could not use that particular lease contract. TAA was the only form that could be used to sign a lease for this property. I questioned why I was unable to represent myself. Commission aside, I wanted to be assured that I would have proper representation. He informed me that the broker, John Firnhaber said that he, Chesney would have to act as intermediary and would be representing me.
On August 19th I arrived at your office at approximately 9:30 am and took possession of key and paperwork for property. Upon arrival at property with the 18 wheeler waiting outside of property to move my things in, my sister and I discover there is NO water at all. We contacted Stephanie immediately and after her telling me I had to go check with the neighbors to see if there was an overhaul of the water system taking place by the Homeowner's Association. I could not find any neighbors to ask and finally received another call from Stephanie at around 3 pm stating that she had bad newsthat I would have to get my own water turned on. Needless to say, that is what I did costing me another add'l and unexpected $130.00. Part of this cost was a RECONNECT fee as well.
Also I was told at the time of picking up the keys that the only item on the list of repairs that had been completed prior to move-in included the fridge being moved from kitchen to garage. The items listed under what you are now requesting were not completed prior to move-in which puts the management company in breech of contract. Under paragraph 25: Condition of Premises it states that everything will be in good working condition. According to your requirements, repair requests must be in writing. My formal request for repairs was made at 9:22 AM on Saturday, August 21. You can see in the attachment that your office received this request clearly stating the issues and items that had been neglected.
Please consider this my SECOND 10 day demand regarding your contractual obligation.
After repeated phone calls on Friday, Saturday and Sunday the 19th, 20th and 21st of August a plumber arrived at approximately 3:30-4:00 pm on Saturday to repair the kitchen faucet area and guest bath which also had a leak. He looked at the sink for about 10 minutes, left and never came back. The entire move-in time on that weekend there was no working faucet in kitchen and the plumber never returned to repair anything. When turning on the faucet in kitchen which is installed backwards, water gushes out underneath sink area.
Friday afternoon I was finally able to call the broker, John Firnhaber to question him about the information that I had received from Chesney Coker regarding the water being a part of the lease. He informed me that he would not pay for any water and that I should be happy with the situation and not spoil my move-in day by worrying about the water not being turned on. I asked him who was representing me. At this time he stated he didn't know why I wasn't representing myself. I re-explained that I had been told by Chesney that I needed to be represented by him as an intermediary. There was no IABS form filled out, nor was it ever demonstrated to me.
My position is that there was not only misrepresentation, but also deception regarding both the condition of the property and who was actually representing me and my rights. The agent who supposedly represented me has not addressed this situation at all, but received all the commission on both sides of this deal. I have left a phone message with him on Sunday the 22nd of August and have not heard from him to date.
At present the only communication that I have received is from Stephanie Knapp as you can see from the attached e-mail. As a footnote to the condition of the property, there was a work order on my kitchen counter stating the painting on the bathroom sill has been done. It is exactly the same as it was before. Nothing has been done. I have several witnesses that the condition of the property is as it is represented in the photographs.
We counted the areas on the walls with putty and paint discoloration. They are as follows: Kitchen 7 plus side of counter heavily worn. Living room: 23 spots. Entry way: 2 spots Hallway 50 spots Master bedroom 11 spots Office 2 spots and crack Bedroom 1 31 spots Master bathroom 14 spots and a hole Bedroom 2 30 spots and heavily worn areas. Office and throughout entire townhome. Heavily worn mini-blinds.
I would also like to deal directly with the homeowner regarding repairs or any other issues regarding property. Based on Rule 92.201 from Texas Property Code, this is my formal request for the name and address and phone number for owner of property.
I have 20 polaroid pictures showing property condition and problems with the unit.
Cc: TREC, Ross & Matthews, PC
Lisa
Austin, Texas
U.S.A.
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