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Daina Foster

4 years ago

A Real Estate Associate Broker, Berkshire Hathaway...

A Real Estate Associate Broker, Berkshire Hathaway HomeServices Enchanted Lands Realtors:
1) Failed to facilitate obtaining CCRs, if any.
2) Failed to provide survey to me before closing.
3) Failed to be present during the home inspection (not a requirement but prudent). The Seller expressed dissatisfaction with the original inspector, circumventing Item 20D of the Purchase Agreement, and the inspector left.
4) Failed to arrange a pre-closing walk-through. Item 24 of the Purchase Agreement reads, "Pre-closing Walk-through. Within 3 days prior to Settlement..."
5) Failed to recommend that the negotiated repairs in the ORW dated 06/11/18 be reinspected and failed to provide Fulkerson WO dated 06/20/18 to answer my concerns in my 06/13/18 email.
6) Violated 2018 Code of Ethics & Standards of Practice 2-1. The verbiage "still leaking" in the work order dated 06/20/18, multiple service calls, and buckled wood floor in room adjacent to inside air handler make it "reasonably apparent" that condensate leakage was constant or repeated.
7) Failed to caution us about the Seller's verbal representations in her presence when we viewed the property i.e., new roof, newer AC, his mother liked to keep the house cold (implying working AC?) and/or failed to incorporate the Seller's representations into the contract.
8) Failed to provide a key to Bob Reed Pest Control, Inc. Consequently, the garage was not inspected and treated on 06/22/18. Bob Reed Pest Control, Inc. arranged an inspection and treatment of garage on 10/23/18 without additional charge.
9) Failed to provide a copy of the roof warranty in response to my request on 09/26/18 and failed to incorporate the warranty into the contract. She cited the Seller's 09/05/17 disclosure that was prior to the 01/22/18 roofing permit.
10) Failed to include an insurance contingency in the contract and the Seller did not provide a C.L.U.E. report.
As a result of the oversights, I paid $508.00 to Delton's to remedy the condensation leak that the Seller agreed to correct. On 01/25/19, I learned that my insurance is surcharged in connection with property and contents loss on 09/25/17 due to wind and hail. The Seller did not repair damage to ceiling with insurance payout.
Bill Davis, Broker, Berkshire Hathaway HomeServices Enchanted Lands Realtors, a New Mexico Real Estate Board Commission Member, failed to address the points in my complaint or make it right.
Before move-in, my Real Estate Associate Broker asked me to write a review on Zillow. I gave her five stars and a glowing recommendation. A word of caution to buyers: 1) Include an insurance contingency in contract and examine C.L.U.E. report from Seller. 2) Do a pre-closing walk-through. 3) Do not sign without substantiating documentation of all representations. 4) If your Seller runs off your inspector, it should be a red flag.

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