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It never ceases to amaze me that people will drop hundreds of thousands of dollars on something and not even do the basic due diligence.
It never ceases to amaze me how an attorney who accepted $$$ in payments from me to do his job, didn't do his job or even the basic due diligence of responding to me, his client, after 3 weeks of phone calls, emails, and now certified letter.
How long is your attorney away? When did his office say he would be returning? Is he on vacation? Attending CLE required by the state bar?
Not sure. When I called on the 7th (day after move in day and the day the plumber first came out), I called and left a voice mail since it was Sunday and sent email with initial receipt. I called several times that week getting voice mail. Sent 5 emails.....just to document and provide updates (on the work and permits) and requesting response to email or phone call. The only response I received was from his assistant last week Thursday that he was out of town. When I asked when he would be back, I was informed they would forward my message and that he had his cell phone. That's the last I heard. Last email (#6) was sent yesterday morning since I had new pictures of the water coming from the ceiling in the basement and the new work order receipt for additional work to be added (outside air conditioner has to be moved per the plumbing company and inspector). I just want to make sure I have all the updates, pictures, videos and receipts on record being dated and sent.
This is really sad that your attorney has been so unresponsive. They are really the person who should be helping you through this and working with you to figure out what (if any) recourse you have and who that recourse would be against.
This is really sad that your attorney has been so unresponsive. They are really the person who should be helping you through this and working with you to figure out what (if any) recourse you have and who that recourse would be against.
I wonder how the "You don't need a real estate agent, just use an attorney." crowd feel about this? I surprised ole J_B isn't here on this one.
As the Realtor gave you a receipt for work that was not done, and told you the other work was done, you have a claim against them.
Easy ways to handle your problem.
1: Contact the state Association Of Realtors. You would be surprised how fast they will hold a hearing to solve the problem. The association will do what it takes to get the agency and the agent to make things whole, or that agent and broker will lose their ability to be Realtors and take advantage of things like the MLS and can effectively put them out of business. I have seen it done twice, and one Broker had to pay me $43,000, and another where the agent had not presented a contract to the seller with a small price cut she definitely would have accepted if presented as she knew it was a market fast going down as she had worked during summers as an agent while going to college and understood the business very well, during when the market was collapsing in California, and later had to sell at $63,000 less than the offer that was not presented. She found out about it when the broker that had gotten both offers asked her why she had not taken the first offer, when it was made, and the answer was what other offer. She was given a copy of it, and she complained to the association.
They held a hearing (mini trial without lawyers) chaired by a retired state judge. The office had to pay her the $63,000 she lost by not getting the first offer.
2: The nuclear attack. Contact the state agency that licenses Realtors, and make a formal complaint against the agent and their broker. They will do what ever it takes to get the agent and brokers attention to take care of your needs. If they do not take care of you, it could cost them their licenses and put them both out of business.
Giving you a receipt for work not done, and telling you the other problem was solved when neither happened, is in direct violation of state license laws, and a violation of the Realtors code of conduct. Don't waste your money on an attorney. That can cost a lot and take a long time to resolve.
These other two methods, work very fast, and they are on your side. The Realtors association does not want agents and brokers doing things that look bad for Realtors, and the State agency, wants to weed out bad license holders. The licensed agents have not said anything about these solutions, as the don't want their clients to realize those paths even exist and be the ones recommending them which may anger some Realtors they have to work with. But I have seen those two entities in operation several times (I was never the one being complained on at any time), and have seen how well the public is treated when they are wronged.
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