I entered into a contract through Mike Lofky of Disera Realty to purchase a 2-unit apartment in Joliet, IL. At the time I was presently remodeling a 2-unit that I had. One evening I came home to find a picture of an apartment and Mike Lofky's card attached to my back door.
I went a viewed the unit and decided to enter into "Residential Real Estate Sales Contract" with Disera Realty to purchase this property. During the signing of the contract I asked Mike about the return of my earnest money, he stated that the only way it would not be returned is if I had "cold feet" and decided not to purchase.
During my walkthrough I opened the door of the furnace and it almost fell off and soot fell out everywhere.
Mike Lofky commented that the furnace was in good condition and had been recently cleaned. (a lie)
Mike told me of a situation of an apartment that he owned where the furnace was very old and sill working, He called it the "octopus."
My mistake he was not making the contract contingent on an inspection of the property.
Later I contacted Mike and told him that I would like an inspection on the furnace.
His response was that I would have to pay for it. During the inspection many things were found defective with the furnace.
1. Pressure gauge not working
2. High pressure control not cutting off at lowest setting
3. Boiler is dirty and needs to be cleaned
4. Boiler door needs to be cemented
5. Gauge glass set has leaky gasket
These were all taken off the report issued by the furnace company.
I contacted Mike on Nov 7,1995 and informed him that for the contract to go forward $5,000 (estimate from furnace company to replace) was to be removed from the selling price or the furnace was to be replaced. Mike's response was to offer me a home
owner's warranty which I refused. I then stated that the contract was to be canceled and my earnest money to be returned. It is now July 3.2000 and I still have no money from the
contract.
I have sent two certified letters to Bonnie Disera, tried to talk to her at her office to get my money returned. Her only statement is that repairs were made on the furnace for a cost of $60.00. I have followed section 18 of the Residential Real Estate sales contract by sending her and the previous owner certified letters. The only response that I ever received was the previous owner contacting me and wanting to split the earnest money. Bonnie Disera signed for her letter, there were three attempts to get the seller to sign for their letter. I have the receipt stamped by the post office. They were refusing delivery.
While securing the loan at a local bank the Chief loan officer mentioned that Mike Lofky had visited him and informed him that there were several other contracts, some higher and some lower. There were plenty of buyers.
I also received a phone call from the previous owner requesting that I split the earnest money with him, this I declined. If he offered me money, he must have felt guilty he was wrong?
I feel that the property was misrepresented at the time of sale and that Disera Realty never intended to return my money if this problem was discovered.
I have heard statements from other local real-estate agents about Bonnie Disera's loosing checks and how that none of them will enter into a contract with her company.
I was told by 2 other Realtors in the area that Disera Realty has done this before to their clients, never returning deposits.
Just after I refused to buy the home, it was sold to someone else! So why not refund our money, I'm sure they did not turn the money over to the sellers who were misrepresenting the property to begin with?
The BBB wanted to charge me to file a report with them, I would not do that because they were never any help in the past.
Bonnie, I would like my money returned plus my cost and aggravation!
$300.00 - Securing financing from bank
$200.00 - Lawyer fees
$500.00 - time wasted dealing with you
$1000 - total expenses
$1000 - earnest money deposit paid
$2,000 now due
Mark
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