C21 Row did not disclose that they were acting as a buyer agent during a transaction for our home at 522 Farmdale Ferndale MI. We had a signed purchase agreement. The purchase agreement called for a mold inspection. Superficial non hazardous black mold was found in the attic. We agreed to have a licenced contractor remove the visible mold. A receipt at closing was agreed to as proof that the work was done. This was provided at closing.
We preclosed and were not present at closing. On the day of closing C21's client apparently informed them that she wanted to back out of the deal and wanted her deposit back. The purchase agreement stipulated that a walkthrough could be done to ensure that the house was in the same condition as when the purchase agreement was made.
Without our knowledge or consent C21 arranged for the original mold analyst (who is also a building contractor) to come back in, re-test for mold, and perform another home inspection. C21 agreed to pay for part of the cost of the test. The new report differed from the original report by the same tester. The new report was presented to us after the closing date with a different company name than the original test. It wasn't disclosed that both tests were by the same person under two different company names.
When we requested the earnest money back they stated that they would not file any papers to release it and we would have to file a lawsuit if we wanted it back. When we questioned why they would not file the paperwork to get the money to us, why more testing was done, why we weren't told that they were a buyers agent we were told this was "normal" practice.
Later we found that they are trying to block any further sale of the property unless we give back the earnest money, effectively extorting the money from us if we want to sell the house before we can get a court appointment.
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