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Century 21 Shamrock Realty Complaint

Physically Threatened Our Family - Dual Representation, Buyers / Sellers Agent

(page 2 of 2)

Posted By: newtoswva on 5/9/2008

A little behind in our traveling schedule (because of the closing on our home, and saying goodbye to family and friends),we drove straight through the night so we could be at our "closing" on time the next morning. Had our cell phones on us and active the whole time, expecting some sort of news.

Drained and SO tired we made it to closing shortly after arriving in VA only to find out the mortgage had been denied that morning. The entire team at Century 21 Shamrock, and the homeowners we were trying to buy from knew this but waited to tell us until we arrived... AFTER an 8 and 1/2 hour drive and no sleep. Funny they had been informed before us considering we were the ones applying for the loan-which IS on the mortgage company, but some more notice would have been nice. At least then we could have caught a few ZZZ's and rescheduled so we could have been a bit more "clear minded" and "on the ball" and ready to catch them during their deceit, instead of days later when it all sank in.

They miraculously already had the contract to rent this property for (2 months) drawn up before our arrival, so you know they had been hard at work and already informed of the mortgage companies decision. They refused to show any of the water and septic inspection paperwork for the property, telling us, "well your not buying it yet" only to later say they showed us. BY LAW in the state of Virginia, water and sewer/septic testing MUST be done, so even though the purchase had fell through that morning, the proof of testing should have been there. If it had been done, what was the problem with showing us? We were going to be living in the home, shouldn't we know if the water was safe for drinking? Or more importantly, were they expecting the mortgage to fall through because they knew more about how the market in this area worked?
**NOTE-when buying or selling a home, you sign or initial EVERY page pertaining to inspections, for the seller, buyer and companies protection. ETHICALLY Realtors are required to provide you with copies of EVERYTHING signed/initialed ON THE DAY YOU SIGN IT!!!** IF we had signed or been shown those inspections (which we were not) we would have copies of them, we have copies of EVERYTHING else!

They refused any negotiations on the rental price for us, $2,000 a month is ludicrous for ANY property in Russell County (we later found out), refused any negotiations that would subtract this large amount of rent from the sale price, which usually is the norm when you are trying to purchase the home. It was a take it or leave it type of deal, and my family with nowhere else to go was duped into signing.

Our family being new to the state was a huge disadvantage for us, we were dependent entirely upon the referrals from Century 21 Shamrock
when shopping for mortgages. It was our belief only Local lenders would write on the property after failed attempts with National companies who tend to have stricter policies. She referred us to "wonderful" lender after lender (who would not write on the property due to it's uniqueness, water system and acreage), never suggesting the local banks (who SOME SAY would have written on the property had we come to them FIRST).

We were also unfortunate enough to receive some horrible advice concerning credit scores. Our "agent", who should be experienced in the process of applying for mortgages, was asked what effect all these attempts would have on a credit score. Her response,"Oh, it doesn't matter when applying for home loans, they don't impact it at all." FACT- you may hit your credit for mortgages repeatedly without it effecting negatively, but only in a (if memory serves me) 14 day period- it will only count as one hit.
* I am saying her "advice" was WAY wrong, not saying that we were not responsible for checking into it, we should have but know better now, lesson learned.*

During this time we had kept in close contact with "our representative" and the broker, hoping to get certain question asked about the water and septic...since we were still trying to purchase the home, we wanted the results.(we also had a family member fall VERY ill that was taken to the emergency room and treated, by the doctor after tons of testing, for water contamination-WE NEEDED THOSE RESULTS, nobody in the home touched the water after thath) Typically the results are given BEFORE signing ANY contracts. We had also inquired as to why the home was still actively on the market. While reviewing the rental contract we realized where it said "property is to remain on the market and available for showing" was CROSSED OFF and INITIALED by BOTH PARTIES!!!

We have small children in the home and strangers pulling into the driveway while the kids were playing outside made our family EXTREMELY uncomfortable. Especially because some of these people had persisted in asking us about the property (some of them appeared VERY UNSAVORY and had attitudes with us, like we should show them the home) and drove by on multiple occasions at any given time, their "visits" were unpredictable.

The broker became VERY agitated by our inquiries and said "oh well, too bad, we will NOT take the home off the market, we do NOT have to show you ANY inspections" at times she would say "you were already shown them and satisfied" ALWAYS with MAJOR attitude. Even after we pointed out that by crossing off that statement on the contract and initialing it, meant the property should NOT be listed while the contract was in place (our lawyer at the time agreed, but unfortunately was not of much help...ALWAYS in court). We had tried to also to speak with the homeowner about it, who simply said "we didn't mean to cross that off" (YET THEY DID AND HAD INITIALED IT) Before then we had what we thought of as a "good relationship" with them.

ANYWAY, after so many failed attempts due to being directed to STRICT LOCAL LENDERS and not staying in the 14 day credit time frame. A credit score that was PERFECTLY FINE to start with "had too many inquiries" and we wanted to wait a few months before trying again for a mortgage on the home. We had 2 mortgage companies lined up (one who was extremely helpful and counseled people with credit scores as well), who wanted us to wait till the "few" points lost from all the inquiries recovered, then they WOULD MOST CERTAINLY write on the property (the underwriters had already reviewed it and said they would write on the property if we waited). This would take approximately 3 months-6 months MAX as long as we stayed in good standing with our bills (which was NOT a problem).

We went to a lawyer and had a lease purchase agreement drawn up to propose to the homeowners since Century 21 Shamrock had failed us repeatedly in such a short time. The proposal consisted of 8 months rent at the $2,000 a month and paying half the cost for a new water system (since it was repeatedly brought to our attention that mortgage companies do not like to write on properties with spring fed water systems) and the promise to secure financing at the end of the 8 months. Most all of the language about up keep to the property, that was in the first lease, remained the same. We did however ask that they stop showing the home and at least take the address off of the listing, or remove it all together as previously promised.
*It is a simple thing to put the listing back up if we failed to purchase.*

We waited on pins and needles to hear if our proposal was accepted. The DAY BEFORE our original contract ran out we were told that we were going to be asked to leave. Beside ourselves and with no plan B we started talking with the lawyer again, but this time to see if they could negotiate a few more months for us so we could pack our newly unpacked belongings and find a new home.

One day we came home to a message on our machine after looking at homes. It was the Broker who was simply returning one of our calls. Fortunately for us the broker, her husband (who is NOT an agent), the buyers agent(our agent) and the sellers agent were unaware that the phone was not hung up but put on speaker. I have to this day, them recording themselves on our answering machine laughing at us, calling us names, saying watch out when they talk to us and make sure you have a witness( we had given them no reason to need one, just uncovered all of the lies they had tried to pull), then saying that if they had to come out to the property they would have to "Break our knees and throw us in the waterfall".
Particularly disturbing because the property had a waterfall on it and if you were to fall or be thrown from the top, the result would most assuredly be death.
They were FIRED IMMEDIATELY and made aware of their blunder, NO APOLOGY WAS EVER GIVEN (the least they could have done).

When our rental contract was up (NULL AND VOID) they refused to release the $1,000 escrow payment we had given them, when it CLEARLY stated in the contract that it was to be returned to us. Keep in mind that was NOT the damage deposit, the homeowners (on the day of signing) had received an extra months rent for that.

The company and the homeowners wanted us out BAD after this, we needed more time yet no further negotiations were able to be made as a result of our firing them. Lawyers stepped in and did the talking for us since the owners, who had previously been so nice to us, would not even speak to us. All we had tried to do was buy their house. We paid 2,000 dollars each month we lived there. They had told us numerous times NOBODY would EVER make us leave, it was our home. It was a very disturbing situation. A horrible way to spend Christmas for ANY family, our children didn't even have a tree due to the upset of moving.

During the time we were trying to move, the seller agent's vehicle was spotted parked on the property at many times (by our neighbors) without her anywhere to be found. She repeatedly did "drive by's" at all different hours on any given day of the week for the sole purpose of spying on our family, if she was to be showing the home we were supposed to have 24 hour notice. After being told to stay away and find another agent to show the property, due to the threat made on my family, she continued these impromptu drives to an area she had no reason being at.

We read and reread Realtor ethic and landlord ethic, yes they have the property to concern themselves with, yes the property is to be made available to them with 24 hours notice, but if you read a little further it says that this is NOT for the intent to disrupt or harass the tenants and is not to be abused.
*If the landlord cannot determine whether the premises have been abandoned by the tenant, the landlord shall serve written notice on the tenant in accordance with ยง 55-248.6 requiring the tenant to give written notice to the landlord within seven days that the tenant intends to remain in occupancy of the premises. If the tenant gives such written notice to the landlord, or if the landlord otherwise determines that the tenant remains in occupancy of the premises, the landlord shall not treat the premises as having been abandoned.*
(And most certainly NOT have their agent drive by constantly to see what we were up to)

When renting any property the renters have a right to live in a peaceful manner and not be harassed in any way, even when being asked to leave. If questions arise about the condition of the property an inspection should be scheduled and followed through in a tasteful manner.

Before this agent had started doing her drive by's an inspection had already occurred, the owner himself had been assured the property was not abandoned and the tenants had made it a very pleasant, "cozy" home. There was no reason for her continued "stalking", she went beyond the duties that are set forth by ANY company, and you have to question her mental state to behave in such a way. The home is about a 45 minute (or more depending on the route you take) drive from the Realtors office and at the time the only property they had listed in the area. I know for a fact that the Realtor in question did not live anywhere near the home, and was not visiting anyone in the community, it is a VERY small community on the very edge of the town. It only has one road, directly in front of the home, that leads in and out. People in the community were calling my family to let let us know she was driving around and parking on the other side of the property.

I warn any and all people looking to buy or sell their home to STAY AWAY from Century 21 Shamrock and all their agents.

P.S. the property mentioned above is in Southwest V.A.,
at the time is was listed at $259,900 and had been on the market for over a year and already reduced. Our offer of $245,000 had been accepted, our second offer (made right before eviction) of $215,000 was laughed at. The property is now listed at $199,900 and up for auction. I warn anyone looking into that property that would be depending on a mortgage. No company would write on it (during the time) due to spring fed water system, guest house built WITHOUT permits, amount for the area and the amount of acreage.(homes in that area usually go for 40-90,000) Only local banks have CONSIDERED lending, but then backed out due to the obscene price for the area and there being no available comparables. (comparables usually need to be sold in the past 3 or 6 months) depending on their rules something to take into account when shopping for ANY home.
You also have to wonder about their marketing strategies, I know it is wonderful to get top dollar for your home, nut I have seen SO many properties listed with them, still around the same price that they were listed for this past summer. How long are you willing to have your home up for sale? Years?

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    User Discussion - Add your 3 cents!

    Ghost of Doc J (05/09/2008)      
    I would absolutely love to hear the other side to this complaint. The poster asserts at the end that no lender will write a loan on the property. Earlier, the post says that local banks would have written loans on the property 'in the beginning when we had more money'. The bottom line appears to be that the buyer was unable to secure financing (due to a mixed condition of property traits and lack of financial resources). Accurately, the buyer had a lease purchase agreement during the term of which they were to secure financing for the purchase. The buyer could not secure financing and they were evicted. No wonder the sellers won't speak to ... more >>

    newtoswva (05/09/2008)      
    To whomever last commented,
    Financing or no there is NO excuse for the poor behavior, physical threats and lack of moral of such a "prestigious" company.
    And FYI at the time of the $215,000 offer we had miraculously been able to secure financing with private lending help, it is the owners own fault that they are now having to list it a $60K less.

    newtoswva (05/09/2008)      
    And if you want the other side of the story, just ask them, DUH! but there is no reason I would lie, I still have the recording I think I'll ALWAYS have it, it's not something you just delete.

    Ghost of Doc J (05/09/2008)      
    newtoswva - Please control your anger. I am aware I could ask for the other side...no pubescent 'DUH!' is required. There are plenty of people who will lie about $2.60, let alone $260,000. So, "Why would I lie?" is not a valid response. As to the threats, the responsible employees were fired. Yes? If you were genuinely fearful, did you go to the police? Did you make a copy of the recording and give it to the police? If so, were the employees arrested? Convicted? Or are you over-reacting to their very inappropriate and childish conduct? You allude that one employee was behaving in a manner consistent with stalking while you were moving o ... more >>

    superbowl (05/09/2008)      
    Wow, that's the Century 21 story from hell. Sorry you never even ended up with the house you wanted out of it too. If the lenders were not going to write the loan that may have been a sign from above to walk. Lot's of houses on the market right now, you will find something. Be happy you're not in California, that same house could have been $1.5mil easy due to the land.

    newtoswva (05/09/2008)      
    I am so sorry that you would view the word DUH as an expression of anger. If you check the dictionary-duh(used to express annoyance at banality, obviousness, or stupidity.) I was expressing the obviousness of your comment. If you HAD "tripped my anger switch" I would have thought of a lot more creative ways to express it, believe me on that. "Why would I lie?" is valid response, I am way too intelligent to lie about something that could result in a slander lawsuit.
    Yes, my family was genuinely fearful. Yes, we went to the police. No, they didn't do anything. No, the employees were not fired because it was the owner/broker herself that had ta ... more >>

    Ghost of Doc J (05/09/2008)      
    Thank you for responding. Using "DUH" in one's opening comments is simply not regarded as mature behavior. Your original post was not clear on the firing. I now understand that, based on the misconduct of the employees, you fired the firm. The police and the local magistrate were unimpressed that the threats were genuine. I tend to agree. They were stupid and childish AND grounds to fire the firm. But criminal? Nope. Based on your comments about the 'close nit'(sic) nature of Southern West Virginia and using the Paris Hilton-esque 'duh' to express your 'annoyance at banality...' it is easy to see why you may have had some problems with th ... more >>

    newtoswva (05/09/2008)      
    Just so EVERYONE knows, while my comments may "belie contempt for them as gap-toothed cast members from "Deliverance", stalking and plotting against the innocent family of Northerners" I was in fact BORN AND RAISED in the south, lived up north in my later years and have since then returned to my roots...I was speaking about the towns in which the home is located and have EVERY right to so since I have lived there. If you go a little further to the some other towns, you'll think you are "up north".
    I am NOT above scrutiny but DO NOT need anyones opinion as to the legitimacy of my complaint, believe it or not its up to you, like I have said I ... more >>

    jktshff1 (05/11/2008)      
    If you DO NOT need or WANT anyone's opinion WHY did you post?

    Ghost of Doc J (05/11/2008)      
    jkshff1-It really wasn't intended to be a 'post'...it was a rant. The OP waived some emotional charges ('evicted at Christmas', 'threatened'...blah, blah, blah) and expected everyone to give her a pass and avoid doing business with the realtor in question. I deplore people who come here to do a drive-by character assassination on a business and then want to walk away without being questioned. Allowing disgruntled types to do so is like letting malcontents spraypaint graffiti insults on the town water tower. Jeeez...and I'm not a real fan of realtors in general.

    newtoswva (05/11/2008)      
    When listing something under the complaint category, it is for exactly that purpose, it was not listed under inquiry or ask a question. If you have nothing better to do that give people a hard time about the terrible things that have happened to them, fine. But this was a REVIEW, not to get other peoples OPINION on what might or might not have happened in MY situation. Complete strangers you all are, in my shoes you are not. I gave MY review of a company and their behavior/practices, so that IF by chance someone is about to enter into a similar situation they might think twice about it. Call it a "rant" if you must, but that is EXACTLY what t ... more >>

    Ghost of Doc J (05/11/2008)      
    "Complete strangers you all are, in my shoes you are not."

    Yoda? Is that YOU?
    Love, Luke
    PS: ET says, "Phone home".

    newtoswva (05/11/2008)      
    DOC J,
    Again, GET A LIFE! I wish I had control over your compulsion to type and click, but alas I do not. Funny you would comment just to try and make fun of me , yet you are ever more making a bigger fool of yourself for even bothering. In your OWN words during a previous comment you say "I shall engage you no further", if you can't even listen to yourself why would you expect others to? Guess maybe I tripped your anger switch a bit?
    And if I'm Yoda, that would make me male, correct? So would you then be wrong in assuming I am female?
    MARK THE CALENDERS EVERYONE, DOC J WAS WRONG!!!!
    Thank you for the awful taste in my mouth from being gr ... more >>

    Ghost of Doc J (05/11/2008)      
    Yep...just sittin' here in my torn bathrobe...my underfed cats twisting around my ankles...bottle of cheap scotch in my hand...compulsively clicking for fun from under my tinfoil hat as I pop Thorazine into my mouth. Anything else, Yoda? Based on what I have seen in your conduct on this site, I can only imagine the level of Hades you put the poor seller and their realtor through. Did you shriek at them...instead of typing in all caps? Seriously, if you had a serious complaint of being threatened...the police would have acted upon it. They did not. Instead, you keep a copy of the incriminating tape to wave about your head as 'evidence' of the ... more >>

    DebtorBasher (05/11/2008)      
    "Your comments to others bumped up from 430 something last night, to a Whopping 478, so sad"

    Sadder is the person who keeps track.

    newtoswva (05/11/2008)      
    Ok, sure. Fault me for having a good memory now. I love how certain somebodies get their kicks out of bashing people for no good reason, other than boredom. Thanks for junking up my review guys! Way to go, hope you all feel big and bad and like you've accomplished something today.

    superbowl (05/11/2008)      
    Newtoswva, not everyone here bashed your review. You did receive three votes, not bad for your first review. You must remember this is an open forum so most reviews receive positive and negative comments, just comes with the territory.

    The good news is your review will get indexed by Google and others and will become part of the permanent record of M3C's. It will be around and on the Internet as long as M3C's is around for all to read. So anyone doing a search on Century 21 Shamrock in VA should come across your review and see it as a warning to keep their eyes wide open at all times.

    If you type "Century 21 Shamrock" (with quotes) yo ... more >>

    Ghost of Doc J (05/11/2008)      
    "Way to go, hope you all feel big and bad and like you've accomplished something today."
    Yep. Does that mean our work here is finished?

    Ghost of Doc J (05/11/2008)      
    I voted 'very helpful' too. It will help 'spread the word'.

    newtoswva (05/11/2008)      
    Filing an ethics complaint isn't as easy as some are making it out to be. You can't just go and sit in front of the realtor's licensing board and complain to them about the realtor. You have to submit a formal complaint in writing (which I did). And it's the National Association of Realtors, in case anyone ever needs to file a complaint of their own you have to find the branch in your area (you can file in any jurisdiction where the realtor/s in question are a member, usually where the grievance occurred) and get them to mail you the forms or you can download and print them from their website. After they receive your grievance you have to wa ... more >>

    newtoswva (05/11/2008)      
    Superbowl, I know you didn't bash it, I sent you a message thanking you for your concern and letting you know we did find and buy a wonderful home.
    I am aware the forum is open, I am just getting annoyed with Doc's repeated badgering of me, especially after he himself said he would leave me alone.
    I was very pleased to see that it popped up on Google, I saw that the day I posted the review, and I am pleased to say this has gotten well over 200 views (does knowing that mean I'm cyber-stalking myself?)
    I just really haven't appreciated it getting junked up with nonsense, I will admit any part I have played (defending myself) but I have not b ... more >>

    jktshff1 (05/11/2008)      
    Usually, if I am going to post something somewhere, I read what others have and the responses.
    That being said, the post did have some good information in it, regardless of the way it was put.



    Ghost of Doc J (05/11/2008)      
    Nobody 'badgered' you, newtoswva. Please review my comments. At no time did I doubt that you received a very childish and unprofessional call from employees at the business in question. I simply (along with the police and magistrate, by your own admission) doubted that the call rose to the level of a genuine criminal threat. When you became irate and semi-abusive in response to my mentioning that I would like to hear the other side, I said I would 'engage you no further'. This morning, you took advantage of my good intent and began to bash me on the forum. You took advantage of my good will and appeared to hope I would not respond and give yo ... more >>

    newtoswva (05/11/2008)      
    Please read and reread my review, I never once claim or imply that the call rose to the level of a genuine criminal threat. You have taken it upon yourself to think that is what I am saying when I was only speaking about their unprofessionalism during the time we were under contract with them. And again saying, DUH in a post cannot be construed as irate and semi abusive. You did say you would engage me no further, yet continue to post on my review...that is badgering. Coming on here, after I had let it go and hoped to not here from you again, only to call my post a rant and how you deplore people such as myself is in no way a "good intention" ... more >>

    Ghost of Doc J (05/12/2008)      
    I wish you well, newtoswva. I do not think the incident with Shamrock will be, or was, an isolated interpersonal experience for you.

    newtoswva (05/12/2008)      
    "sheathed sword", eh?

    Ghost of Doc J (05/13/2008)      
    Yep! Blast away. I'm done with you. As Pappy used to say, "Never try to teach pigs to sing. You will feel like a failure, and only succeed in annoying the pigs."

    CitizenLM (05/13/2008)      
    Thank you for taking the time to share your story about this realtor. I have had bad experiences with a number of companies, and I am very thankful for forums like these. The Internet is a great way to get the word out and hopefully put pressure on the violators to clean up their acts. Best wishes to you!

    newtoswva (05/14/2008)      
    C21 Shamrock update- It would appear they have taken note of my review but instead of replying, trying to dispute my claims or even giving the apology we have been waiting for they decided to pay for more web hosting as an attempt to bury it. Do I smell yet another cover up?
    Unfortunately my experience and caution to others will not be so easy to view, you have to go looking for it. Funny though, SOMEONE paid for the hosting of JUST Doc J's 1st comment to me. I don't understand the logic of that since it leads to my review, but thats their prerogative. I know it is common for companies to try and bury any bad publicity but this should give e ... more >>

    KoolHandStu (06/02/2008)      
    Newtoswva it is really unfortunate that you had the real estate experience that you had. I am certain that those of us that have purchased several homes have also had some major disappointments with realtors and brokers. I do not say this to minimize your deplorable treatment from C21 Shamrock. Typically, I avoid becoming involved in posters disagreements and bickering. However, I am compelled to inform you that Ghost of Doc J is one of the most objective and fair commentators I have ever encountered. His insight and input into situations is highly valued as a general rule. Your latest "C21 Shamrock update" details that you now believe ... more >>

    Ghost of Doc J (06/02/2008)      
    Thank you, KoolHandStu, for your kind comments to all parties in this thread. Personally, I admire Hugh Jorgen on this site. He voices strong opinions, but never gets embroiled in the bickering.


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