My ex-spouse and I signed a year contract with Re max Heritage of Flanders, NJ. During the course of the contract it became evident the the two realtors were pitting the two of us against each other. We had caught them in several lies. We decided jointly to ask for an unconditional release. The two realtors were Cindy Houser and Tania Novak. Cindy was speaking with me and Tania was speaking with my Ex. My Ex and I both called the broker, Janen Ardia and asked for an unconditional release. This was denied more than once by the broker.
While we were discussing what to do my Ex decided to sign the house over to me which we did by changing our PSA - property settlement agreement. A friend had told me that this was a change in our circumstance and could also be used to obtain an unconditional release as a change in circumstance. Most real-ties and realtors will accept this as a reason to give an unconditional release.
I forwarded this to JAnen Ardia and I received back a legal threat. They have taken us to court and have claimed that we have sold the house and therefore owe them their commission. The house was never sold. They know it was never sold as they still have it listed on the MLS. They filed a Lis Pendens against our property. They are also claiming fraud by us.
We have done nothing wrong yet we are going to be forced to settle with them because we do not have the money to retain a lawyer or to keep fighting. We have proof the house was never sold. It's just ridiculous. It is another way for them to get a paycheck.
The talked us both into lowering the price for the house. The when an offer came in below what was owed they wanted us to take it! We refused the offer. While fighting this court case they proposed another offer! All the while saying the house was already sold! We said no thank you that the offer was below what we wanted.
We now know that they did not uphold their fiduciary duties to us. They talked us into lowering the house to a price that would only benefit them. That action of theirs did not uphold their fiduciary duties to us yet they are suing us? What a joke. Their lawyer in filing the Lis Pendens had to have seen in the title and deed book that the house had not been sold. This is fraud on the court.
How can they get away awith this type of unscrupulous action? Is there a way to stop them? I am reporting them to the NJ Attorney General but I want others to know to Never Use Re max Heritage of Flanders, NJ.
If there is any way that you are able to help us we would be eternally grateful.
Thank you
0 comments