In February I entered into an agreement with this office and specifically Gilbert Rodriguez that stated that when I decided to sell my condo at, they would sell it for me at no charge (commission free) provided I use their office/agent in my purchase of another property.
During our search for property, (property in which I mainly found and had Gilbert get me access too), I mentioned I had a concern that once I bought something, they would not be enticed to sell my condo as agreed. Gilbert told me that wasn't the case and I shouldn't be concerned.in May we agreed they should start marketing my condo. Later in that same week, an offer I made on a place was accepted in which I later closed escrow on. Despite the agreement and talk about starting to market my condo, a listing was not put on the MLS until late June nor was any attempt made to market the condo. It wasn't until I threatened to back out of the home I had in escrow that any attempt was made to sell the condo. Within a week, Gilbert supposedly brought in a buyer with an offer acceptable by me. However, I suspect this was not a real buyer, but just a fake' buyer brought in to make it appear he did what he said he would do. I say this because, despite an accepted offer and start of escrow, he never showed my condo as pending status'. Needless to say, a week later this fake buyer pulled out of the contract.in addition, Gilbert failed to fully disclose the plumbing/water damage issue at the property I purchased.
After that, no attempt was made to sell the property. There was no advertising, no Open Houses (until I demanded he have one after I advertised it). I asked several times, in writing about what was doing to market my place. These questions were ignored. It was obvious there was no intent on them honoring their end of the agreement once I closed on the other property.
I know of one incident in which an offer was made on the Condo that Gilbert did not notify me of until the buyer pestered him for a response to the offer. Despite making thousands of dollars off of a transaction I honored, after 6 months on the market, no attempt was made to market/sell my condo. Therefore I was forced to seek another agent to sell my property and had to pay that selling agent that ended up representing me.
This Remax office and agent refused to honor our contract in numerous ways.
As per our contract, I am required to go through mediation (which we did) and if we could not come to an agreement, we are required to go through arbitration with a neutral arbitrator. It is at this point in which Remax have refused to cooperate and to proceed to arbitration.in fact, they have repeatedly refused to cooperate and take a very arrogant tone with me.
I have given them numerous options on a direction we could go, yet they constantly refuse to cooperate. I have offered a neutral arbitrator numerous times and they refused to use him because they never heard of him, yet they never made the effort to research them. They insisted we only use an arbitrator they suggested. When I did agree to use an arbitrator from the very organizations they requested we use, they refused to use him without any stated reason why. They repeatedly stated they are able and willing to go to arbitration, yet refuse to do so even under their own set terms.
In addition, they deliberately tried to use intimidating tactics against me by faxing a private and personal letter to a very public fax machine at my place of employment. I never provided her with a fax number nor gave her permission to fax any documents to my place of employment. Nor did they notify me of such documentation being faxed to me and her action has caused damage to my professional reputation.
John
San Diego, California
U.S.A.
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