During the month of May, I was searching for property for my home builder to complete a one-time close on land/home loan. After several conversations with Dawn the office manager at Re/Max Hinet Realtor regarding the dimensions of my home, builders, and finally I emailed a copy of my home plans to their office, she notified me that she had spoken to Bruce Hines and they both agreed my home would fit on the property. This particular property had been on the market for over a year with no buyers because of its unusual shape. I entered into contract with Re/Max Hinet-Bruce Hines on 5/13/04 while discussing the selling of my home in Mississippi and the tenant proposing to buy the Mississippi home, with him and his staff.
The original contract they sent me required $1000 as down payment. But after allowing an attorney read over the contract, it was determined $500 was suitable. I also paid a $50 termination option. It was written within 10 days I would be furnished the existing survay and tital company affidavit. The survay and affidavit arrived 12 days later. After paying for my apprasial and contacting my lender, the loan began processing. I was denied several times by various lenders due to some incorrect issues on my credit report. However my lender assured me she would get it done and to be patient. I had email Bruce to let him know my lender said it would be no problem. On July 15 I got a denial letter from Summit Bank. I contacted Bruce and told him. He told me he thought I had been approved as per my email.
I stated it was a premature email on my part. He then stated the owner John Guajrdo III, had been bitten by a brown recluse spider and wanted to keep my $500 for hospital bills. He suggested I fax him a copy of the denial letter. I did so on the 20th of July. I also got my lender to fax him a copy of a different denial letter. Re/max did not contact me on the 21st so on 7/22 I faxed to his office written statements regarding the seller Bruce had made on the 21st and contaced Bruce Hines office to call me.
Bruce called me to tell me he was sitting with the seller and the two of them had determined they would not refund my deposit. He stated the owner has lost opportunities to sell the land over the past 30 days. I requested proof of the opportunities since Re/max Hinet was the only listing agent and Bruce denied my request. Bruce then stated my denial letters were 'strange looking' and began to quote the confidential reasons listed on the denial letter making light of the situation.
I did not think discussing what was on my credit report was any of his concern, he got the denial letter (s) he requested, what was the problem with the refund. We argued, Bruce claimed he did not know I was building a home and that my contract was simply for the land at which point, I suggested if they wanted to steal my money just say so, I got angry said a few choice words and hung up. I contacted Re/Max corporate office and was referred to Re/Max General Counsel Charles El-Moussa.
After we discussed the matter, he stated the amount was not worth the Re/Max office NOT refunding, and he would call the Hinet office regarding the matter. I then contacted the NAACP of Dallas for assistance and the BBB. I then contacted Dawn and asked her if she recalled speaking to me about my builder and home dimensions and she stated she did. I asked did she have that information and she stated it was kept in on file. On 7/23/04 emailed Dawn stating at 1030am I would provide a number to my attorneys office and I requested my file be faxed there. I faxed my written statement of events to Charles El-moussa, I also faxed my intentions to contact the NAACP, BBB and my attorney as well as 48 hours to clear this matter up. I spoke with Dawn and Sarah another employee at Bruce Hines office at 1030 that morning to verify the fax and email was received with the fax number to my attorneys office and a request my file be faxed to the office.
At 430 pm I contacted my attorney to see it he had received any such documents. He stated he had not. I contacted Bruce Hines office and spoke with Sarah, who stated she had been instructed not to speak to me and that I would need to speak directly to Bruce Hines but he was on the phone. It was suggested I have my attorney call Bruce at his office. I contacted my attorney, who agreed to call. I contacted Dawn the office manager, and stated that my attorney would call in 5 min. 10 min passed and my attorney called me back stating he had called the Re/Max Hinet office, asked for Bruce Hines and was told Bruce was not in the office. He added he left his number for Bruce to contact the attorney office on Monday. He also added he doubt that the Re/Max office would cooperate based upon the series of events.
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