[cromlich]

Hi, we are new to The Villages and so happy to be here. However, I just wanted to post about our Real Estate adventure through Realty Executives. We were so happy to finally after about 5 years find a home but when we put a bid on our home in Bonneybrook (Clifton Villa's) we were hesitating because our courtyard and front yard were covered with Junipers. The creepy spreading kind. It was very distasteful. The lister was the broker and our agent worked for her. He got a verbal that the Junipers would be taken care of. Also, our garage door openers were missing. The broker agreed by a verbal that the junipers would be taken care of. (never get a verbal!!!! EVER! They lie) They never would. After much haggling we agreed to settle everything for just 2 garage door openers. I have an email to that affect. After 2 visits to their office to see Debbie O and a promise to have them and now numerous un-responded to emails they refuse communication. Just beware when buying a home if they are the listing office or sellers representatives. YOU MEAN NOTHING TO THEM ONCE YOU HAVE SIGNED ON THE DOTTED LINE. Just beware.

[graciegirl]

Originally Posted by cromlich

Hi, we are new to The Villages and so happy to be here. However, I just wanted to post about our Real Estate adventure through Realty Executives. We were so happy to finally after about 5 years find a home but when we put a bid on our home in Bonneybrook (Clifton Villa's) we were hesitating because our courtyard and front yard were covered with Junipers. The creepy spreading kind. It was very distasteful. The lister was the broker and our agent worked for her. He got a verbal that the Junipers would be taken care of. Also, our garage door openers were missing. The broker agreed by a verbal that the junipers would be taken care of. (never get a verbal!!!! EVER! They lie) They never would. After much haggling we agreed to settle everything for just 2 garage door openers. I have an email to that affect. After 2 visits to their office to see Debbie O and a promise to have them and now numerous un-responded to emails they refuse communication. Just beware when buying a home if they are the listing office or sellers representatives. YOU MEAN NOTHING TO THEM ONCE YOU HAVE SIGNED ON THE DOTTED LINE. Just beware.

OH DEAR. I wish you welcome but you sound so unhappy. Here is what I would do. Stop one of the young people cutting lawns and ask him if he would take fifty bucks to dig out your junipers, it is just sand and not hard for a young person to do. I bet your problems will all be solved.

Hope the rest of your life here is full of roses to replace the junipers...or palms...or something nice.

[tkret]

Originally Posted by graciegirl

OH DEAR. I wish you welcome but you sound so unhappy. Here is what I would do. Stop one of the young people cutting lawns and ask him if he would take fifty bucks to dig out your junipers, it is just sand and not hard for a young person to do. I bet your problems will all be solved.

Hope the rest of your life here is full of roses to replace the junipers...or palms...or something nice.

ONCE AGAIN, graciegirl, gives great advice with a touch of love.

[Opulence]

Originally Posted by graciegirl

OH DEAR. I wish you welcome but you sound so unhappy. Here is what I would do. Stop one of the young people cutting lawns and ask him if he would take fifty bucks to dig out your junipers, it is just sand and not hard for a young person to do. I bet your problems will all be solved.

Hope the rest of your life here is full of roses to replace the junipers...or palms...or something nice.

Now that's a wonderful solution and a very easy fix - great advise Gracie girl!
You can add your own personal touch to your wonderful home by your choice of new landscaping. Wishing you life's best in TV

Betty

[Trish Crocker]

Contact the state board of licensing..once you file a complaint, the problem is miraculously fixed!

[tkret]

Originally Posted by Trish Crocker

Contact the state board of licensing..once you file a complaint, the problem is miraculously fixed!

Trish is correct. If you decide to file a compliant, check out Page 41 of the following link:

http://www.myfloridalicense.com/dbpr...Qs_05-2012.pdf

[Golfer in Sanibel]

Sorry for your problem but you already know your mistake. Verbal is verbal. You should have had it in writing that the junipers would be removed prior to closing. The garage door openers should have been included but are seldom written into the contract. Fortunately, they are easily replaced. Caveat Emptor.

BTW, it was the seller who shorted you, not the real estate company. Maybe they should have been more attentive to your problem but it's not their obligation to assure the sellers comply with the contract. It's yours. If you had your own representation in the transaction via a good RE atty. or a buyers's agent you would or should have been advised not to accept a verbal agreement. So your second mistake was to not have representation.

The RE agent cannot and should not give you legal advise and non-compliance with the contract is a legal issue. And it is not their responsibility to comply with the contract if the seller does not.

You can forget small claims court. I tried that once about 30 years ago and the magistrate threw my complaint out because "a verbal agreement was not enforceable".

People, ALWAYS get a Buyer's agent when buying RE. It costs you nothing. There is no reason not to get one unless you like to take risks. If you go to an open house always tell the selling agent you are represented. You can find one later. Be sure you do your do diligence and get a good, certified Buyer's agent as well.

[784caroline]

File a complaint for "he said/she said"???? I would not waste my time or money for in real estate transactions, if its not in writing it never happened. The only thing I can see as a possible challenge is since the house was owned by a Broker or a Licensed Real Estate Agent...Did the listing identify the owner/seller as a Florida Licensed Real Estate Agent...many states do require this disclosure and may impose some addiitonal requirement(s) on the seller.

Gracie has by far the best solution and it will be money well spent. To further this suggestion I would NOT recommend you trying puling out the junipers yourself for all you need now is to get an allerigic rash or back problem from trying to get rid of them.

Your experience with Reality Executives is not much different than other RE companies ...even the Villages in buying a new home. You will be held to the written contract and only the written contract. Just talk to the people who asked to close a day or 2 later than the agreed to date in the contract. You think this would be a courtesy change but NO....you may be able to change the date but it will cost you money.

[buggyone]

Well, even with that problem you had, I hope you will enjoy The Villages for a long, long time to come. It is a great place with great people.

As far as your transaction with Realty Executives, you should have written in your contract that you wanted the junipers removed before settlement and garage door openers replaced. It also would not have been a bad idea to hold a few thousand dollars of the selling price back until you had been satisfied that everything was perfect per the sales contract. We did that with our re-sale house and there was no problem with that clause in the contract.

Remember, if it is not in writing, it never was said!

[tommy steam]

Originally Posted by cromlich

Hi, we are new to The Villages and so happy to be here. However, I just wanted to post about our Real Estate adventure through Realty Executives. We were so happy to finally after about 5 years find a home but when we put a bid on our home in Bonneybrook (Clifton Villa's) we were hesitating because our courtyard and front yard were covered with Junipers. The creepy spreading kind. It was very distasteful. The lister was the broker and our agent worked for her. He got a verbal that the Junipers would be taken care of. Also, our garage door openers were missing. The broker agreed by a verbal that the junipers would be taken care of. (never get a verbal!!!! EVER! They lie) They never would. After much haggling we agreed to settle everything for just 2 garage door openers. I have an email to that affect. After 2 visits to their office to see Debbie O and a promise to have them and now numerous un-responded to emails they refuse communication. Just beware when buying a home if they are the listing office or sellers representatives. YOU MEAN NOTHING TO THEM ONCE YOU HAVE SIGNED ON THE DOTTED LINE. Just beware.

An old lawyer once told me, If they can say it ,they can write it. That is iron clad, writing

[paulandjean]

Not sure about paying $50 for someone to take out flowers would make me that happy. Thinking more on the line of,If they are making me unhappy I will make them unhappy. Make up a sign about them ,put it on your golf and drive around a week with it on display. Call them after the week and see if they would like to take care of the problem Now. If not part your car or cart in front of their shop. Know this will work,done it myself.

[784caroline]

Great answer......so now RE company (or person) can sue you for liable which will cost you much more than $50 to defend. OP should move on and chalk it up to lesson learned.

[asianthree]

thanks for the info you usually do not hear of this kind of problems because everyone will read about it. Hope your move goes well

[paulandjean]

Thanks about the great answer. What in the world would they sue me for.Just telling what was told to me. I would not even flinch if they said they would do that. Think people use that "I will sue you line a little to much".

[paulandjean]

OH, and I do not think people should chalk it up to lesson learned.