• Report: #655563

Complaint Review: Crye Leike Brock Real Estate- Heber Springs, AR

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  • Submitted: Tue, October 26, 2010
  • Updated: Wed, February 27, 2013

  • Reported By: Tom — Conway Arkansas U.S.A.
Crye Leike Brock Real Estate- Heber Springs, AR
2300 Hwy25B N. Heber Springs, Arkansas United States of America

Crye Leike Brock Real Estate- Heber Springs, AR Jake Clowers Predators, Fraud, Real Estate Malpractice, Real Estate Fraud, Unethical, Breach of Fiduciary Duty's Heber Springs, Arkansas

*Author of original report: Case Lost Because Of Corruption Of The Court

*Author of original report: Latest Update

*Author of original report: Arkansas Real Estate Law No Longer Applies....Buyer Beware Is The New Mantra

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Thinking of buying a home in Heber Springs, Arkansas but not sure who to do business with when it comes to their local realtors?

Perhaps you have heard of the company called Crye-Leike Brock Real Estate in Heber Springs, Arkansas.

Their motto that " Finding buyers is just part of their job...but it isn't everything " is an understatement, in our experience. Nothing could have prepared us for the transaction we experienced through this company. It is unbelievable. 

 I am sure that not all agents are like the agent Jake Clowers and his broker we encountered at the time.  I can only tell you our story per our personal experience.

 

We had a buyer's agent through another real estate company in Heber Springs which was Century 21 Frank Orr Realty. Frank Orr was the      Broker and his salesperson, who was our buyer's agent, was Frances Travis.

 We had been looking for homes in Heber Springs, Arkansas because we had fallen in love with the town after going to a great fishing lodge just out side of Heber Springs. Heber Springs is a beautiful little town and perfect for the outdoors person. Trout fishing there is second to none in our book. Majestic bald eagles fly up and down the Little Red River, which is spectacular. Wildlife abounds such as deer, wild turkeys, exotic birds, squirrels, snakes and the like. It is almost breathtaking.

 

However, we found out first hand that there are two predators that you do not want to encounter. No, I am not talking about bears or panthers, as rumor would have it. I am talking about realtors who have no problem doing what ever they have to do to make a sale, or to make their problems...your problems. This includes buyer's agents and seller's agents. We had no direct dealings with Crye-Leike, or with their agent Jake Clowers in our transaction when buying a home. But what has to come to light since that transaction has been enlightening considering Jake Clowers as seller's agent in our transaction and Frances Travis as our buyer's agent. These two agents engaged in acts that, if we had known what they had for store for us at the time, would have sent us running for safety.

 

 I believe one of the reasons our country is in financial ruin is because of unscrupulous realtors, in our opinion. This agent and his seller had a secret, and both had a problem. Instead of being men and having the balls to try to figure out what they were going to do about their own problems they decided to rid themselves of their problems and put a fraud on an unsuspecting family. Unfortunately, it was going to be us. It could have happened to anyone that was going to pay cash for the house. We were the unlucky marks. But it was going to take help and they got it from our broker, our buyers agent, and the inspector.

 

The seller's agent and seller had something to hide so they could sell the house. The seller's agent, Jake Clowers, was the owner of this very property before he sold it to the seller in our transaction. The seller was a long friend of Jake Clowers. Clowers held the note for ten more months before the seller got a loan through another lender. Clowers gave this seller 2 full years to get this loan before he became the permanent lender in that transaction.

The seller told a neighbor he had problems with his septic tank when he bought it from Clowers, problems that persisted for 5 years and with many complaints from the neighborhood due to the septic smells. His solution was to cover the above ground septic tank, and all its problems, in sheetrock rather than disclose them.

 

He later had problems with heavy water run off which came onto the porch, went down the cracks, and rotted the seal and the fronts of all the floor joists. His remedy, tear off the cement and brick porch and then knock out the footings in front of the house.

 This caused structrual failure, which caused the front wall that was one and a half stories in height to become unstable. When I leaned on it, it moved freely. He put the remnants of this porch throughout the large backyard without mowing it. Then he put on a wooden deck to cover up his problem and did not disclose.

 

He also had a cracked tub in the master bedroom that rotted out the bathroom floor and part of the master bedroom floor. His solution was to put a brand new piece of linoleum down over the small repair made by the tub and did not disclose. Jake Clowers being the former owner of the home said nothing which was his fiduciary duty to disclose, that the seller was not being honest.  

 

If we understand correctly, Jake was also still in a suable position from the seller if the statute of limitations was 5 years when they defrauded us. They still had until the next year for those limitations to expire. The seller's wife had moved out and filed for divorce. It is our understanding he was having difficulty making his house payments as a result of this separation. He still had 2 more years before he could file for bankruptcy again as he had filed previously.

 

If he would have gone into foreclosure he would have taken a huge financial hit, not only because of his mortgage, but also because of the damages to the property would affect the value leaving him responsible for the difference.This could affect him for years to come. Better to help a friend out and put the fraud on us than to come forward. So, Clowers and the seller made a conscious, deliberate decision to shirk their responsibilities and dump them on unsuspecting buyers.

 

 Jake Clowers should have provided us with a diagram of the location of the septic tank at closing and refused. He refused to tell us that the front porch had been torn off when the wooden deck still had bar codes on it. Keep in mind he had to walk across this brand new deck to put the lock box on the front door yet he can't disclose the structural changes. Also, keep in mind he was a former seller's agent and buyer's agent even before he bought this property for the seller in our transaction. Clowers had a long history with this house and through its visual changes.But if he mentioned the changes in front, or the location of the septic, it might flag a prospect. They both denied us our right to make an informed decision.

 

No average person, in their right mind, would take on such an ordeal, let alone at the price they were asking. At most, the house was worth less than half of what they were asking, in our opinion, and we did not receive the house that was represented to us. The house we received is not the house we bought and the contract was never fulfilled. The contract was breached throughout.

 

There was a Delayed Occupancy Addendum we all agreed to and all parties signed making it a legal. part of this contract, meaning a continuation of the contract.

Once the breach of contract came to light, Jake Clowers denied that the Addendum was ever used. He made this claim under oath which is perjury.The seller is now denying he used the addendum along with our buyer's agent. If we had taken early possession it would relieve the agents from their duties of resonsibility explaining their need to lie about this. But, in fact, we were in a motel room for the duration of this addendum which we have receipts for. They were still responsible and can't lie their way out of that one. Why would the buyer's agent not come to our aid in this? Well, she had been quite busy behind the scenes, as it turns out.

 

 Under oath, Jake Clowers came forward to the AREC,  that our agent gave him our inspection report (computer program) and he accepted it. They did this without our knowledge or permission compromising our inspection between them doing so. This gave all parties the opportunity to make changes. They had to be sure that what they did not disclose would not be in that inspection report.

 

Once having compromised our inspection the inspector, who allowed them access, sent the hard copy to match 22 days later. This was the first inspection of 3 that this inspector chose not to contact us following the inspection. Instead he reimbursed us $50. dated for the day before he supposedly did the inspection and before he was paid for it. This is a rare occasion that a reimbursement actually took place before the job was done or was paid for. We suspect he did the job the day before thus giving both agents more time now that we have this admission that the agents were compromising our report. 

 

 When our agent did this deed she instantly became an undisclosed dual agent which is illegal in all fifty states. Undisclosed dual agency is a crime. She also admits under oath that she had been accepting calls during this process from this seller's mother about the sale of this house. She also altered times on the final inspection documents to coincide with their lies that we took early possession of this house.

 

 Then she lied to the AREC that she gave us keys to the house before the addendum claiming the seller had moved out early. The only keys Frances gave us were the keys to our 2 storage units. These were the very keys the movers gave her the day before when they finished putting all of our belongings in storage as Frances was the receiving agent on the mover's spread sheet. We did not take possession of this house, nor did we receive the keys, until this addendum was over 8 days after closing. By then we had been informed by a neighbor that the contract had been breached, meaning the realtors had a fiduciary duty to us to investigate this and to take action.

 

They refused and forced this fraud on us anyway. We had a right to rescind which means that house could be forced back on the seller. My agent told me they owed us for anything not disclosed. We told her we did not ask for this, we did not agree to this and wanted no part of it. Instead her broker told us that they were going to take a "wait and see approach" which meant our rights were being violated. Why would they take a stand like this against their own clients? Because they had been involved from the beginning.

 

As a result of these realtors part in this fraud and their refusal to address the breach of contract, the seller took our stolen money, put a contract down on another home 3 days after this breach was discovered, and bought this house a month later having it homesteaded. So, instead of our contract being rescinded, he was allowed a new home at our expense. He also used our address as his when obtaining this mortgage and it was put in his new mortgage as his address when buying his new home, implying collateral. But what can you expect from a man of misrepresentation? He had 3 different documents dated for his closing day for his new home with 3 different marital status, including being separated, married, and divorced all at the same time. Yes, this is a local resident of Heber Springs, and a friend of Jake Clowers.

 

We also found out that the next door neighbor to us in Heber Springs was a life long resident and friends with Jake Clowers. The young man is wheelchair bound and was buying homes for investment properties. He is the one who informed us of the septic problems the home had for years. He told us he thought about buying the home we bought but it had too many problems for the price they were asking. Jake Clowers is his legs and eyes because our neighbor is wheelchair bound. So, Jake can be forthright for friends. But  he was too busy protecting his own end in our transaction to be honest.

 

We do have all documents, pictures, receipts, contracts, etc. to prove our statements to be true and correct and Crye-Leike is not only aware of this but they have also been provided those very items of evidence and still refuse to take responsibility as of this date for their companies' actions in this transaction.

 

What most people do not know is, a seller's agent has as much of a fiduciary duty to a buyer as the seller does to be honest and forthright in

the transaction. If a seller's agent knows of problems on a home that he or she is selling they are obligated by the law of agency to come forward and disclose this vital information to you, the buyer, even when the seller does not. You deserve to have full knowledge to know what you are buying. It is your right to make an informed decision. The contracts, or disclosure, should be amended to reflect this new disclosure and all parties must sign in acknowledgement to make it valid. If they fail to do this it is a breach of their fiduciary duty. If they fail to do this you have an absolute right to rescind the contract and sue for damages. This includes anything that could affect the value, desirability, or sellability of the property.

 

If you have this happen to you in Arkansas, it is wise to have an attorney who specializes in Real Estate Malpractice, not just Real Estate Law. Do not confuse this with attorneys that push real estate papers around. You need an attorney that is also a Real Estate Agent, if possible. You need an attorney who not only claims they know what they are doing but can prove it. If you have an attorney that refuses to do what you ask, drop them. They are not working for you. There is no sense paying for non-representation!  It is their fiduciary duty to follow your instruction and represent what is in your best interest, not theirs. If an attorney does something behind your back, refuses to represent your best interests or overbills you they may be guilty of legal malpractice. Do not be suckered. The same applies to realtors, as they can be responsible for real estaste malpractice.

 

In our experience, and opinion, it is a waste of time to contact the Realtor Association. They were worthless in our case. In fact, the individual overseeing it let us know she had the same last name of the seller who defrauded us and was also from Heber Springs. Most would have viewed this as a conflict of interest. She viewed it as an opportunity to dispose of our complaint. Our buyer's agent became a member of the local Board of Realtors in Heber Springs shortly after we were defrauded, and abandoned by all realtors in this case. She then became the President of this same Board of Realtors. So, she pursued her own interests instead of seeing her fiduciary duties to us through this breach of contract. The AREC, Arkansas Real Estate Commission, in our experience and opinion, was a waste of time, as well. They are supposed to represent the public, but in our case they chose to represent the realtors. It is a government appointed agency designed to protect the public from unscrupulous or negligent realtors. They failed miserably. At no time did they represent us. If you contact the State Attorney General's Office to report this injustice you will be informed they protect the AREC against the public. Again, this is what happened to us. These agencies, in our opinion, are there to give a false sense of security to the public. So, keep this in mind if you decide to file a complaint with either. They are there to protect each other, not the public when it comes to real estate in Arkansas.

This report was posted on Ripoff Report on 10/26/2010 06:06 PM and is a permanent record located here: http://www.ripoffreport.com/r/Crye-Leike-Brock-Real-Estate-Heber-Springs-AR/Heber-Springs-Arkansas-72543/Crye-Leike-Brock-Real-Estate-Heber-Springs-AR-Jake-Clowers-Predators-Fraud-Real-Estate-655563. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

Case Lost Because Of Corruption Of The Court

AUTHOR: Neptune - (USA)

We lost our summary judgment hearing. Our case was transformed into a case totally unrecgonizable. Go to our new website www.arkansasretirement.com. Our case laws were not allowed in this supposed hearing which means we lost by default. Yet instead of stating this in this supposed hearing taking only a few paragraphs; a fifty page transcript now exists. This transcript was presented to us long after we had paid for them and only after we filed complaints on all officers of the court.

Our billing by our attorney does not reflect that she was late putting exhibits into the court. In fact our biling shows that the original exhibits were put into the court record months before the hearing.There was no audio of this supposed hearing and the transcripts are a direct rebutaal to our complaints filed.

There is also supposed to be a nine hour audio of the depositions of the taken on us. Which we have asked for and have been denied so far by the Arkansas Suprmem Court Committee. When we asked for help from the Arkansas Supreme Court Committee and the Arkansas Judical & Disibility Commission we were sent by both letters of threat. The letters stating that if we said anything publicly about what had happened to us we could be in contempt. We could be fined and or jailed for speaking publically about this.

37 pictures out of 39 were omitted form this supposed hearing. As well as all our receipts, case law, rulings and the Arkansas Real Estate Laws. Opposing council was allowed to omit the last paragraph of part of our contract to obstruct the law and justice. Opposing council was allowed to put a fraud on the court and submit a "to whom it may concern letter as evidence. In both cases in a legitiamte courtroom both defendants would have lost immediately. Not in our case. If you will go to our website it is very detailed. So much more is there for your viewing that we have not mentioned here.
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#2 Author of original report

Latest Update

AUTHOR: Neptune - (U.S.A.)

I have for you today a site that you can go to, that goes into great detail of why we lost our case. It involves corruption by all attorneys, the realtors, the judicial system, the inspector, the seller and the people who perjured themselves by providing false information to the courts. Prove me now by going to www.arkansasrealestate.weebly.com Click and paste if you need to in your browser. I would never try to insult your intelligence. We have photo's in color, our testimony is long but extremely accurate. More will be coming in the future.
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#3 Author of original report

Arkansas Real Estate Law No Longer Applies....Buyer Beware Is The New Mantra

AUTHOR: Neptune - (U.S.A.)

I wanted the people to knowthe out come of our case with Crye-Leike and the seller. The case was thrown out. The judge used a new fuling that happened in October 2011 called the Worley vs. City of Jonesboro case. You can look it up on Google. In that case was nothing like what happened to us. A person bought a property after having an inspection and the findings were it has water issues in the back of he property when there were heavy rains. It was strongly recommended that a fence be put up to keep a small child from being swept away. What they were not told however was that it also came into the garage not on the disclosure. The seller got off becasue they had not lived on the property in two years. The seller had asked the City of Jonesboro to clean the ditches to stop the problem and they had not done this so the buyer lost.

What is not disclosed was this buyer also was with a Crye-Leike agency. This is what happens when you accept a dual agency. Someone is alsways going to get the shaft. They did not want us to know about case. This is why dual agnecy in real estate is against the law in many states.

Because of this case which had nothing to do with our case. It was used against us with all the problems we had the Judge ruled in effect that realtor intent to defraud no longer applies. He refused our legal right by law to get depositions, the judge would not address the misconduct of the sellers attorney and Crye-Leikes attorney's. The rules of law no longer apply and Arkansas Real Estate Laws no longer apply since they can now morph the recent case to cover a case as fraudulent as it gets. Simply put, if we can't get justice what's going to happen when every corrupt realtor, E & O Insurance company, corrupt attorney ann sellers finds out about the Worley vs. City of Jonesboro case. The laws on the books are longer of any effect.

The Judge would not even consider that we were still in contract for another five days when we found out about the fraud. We were under an delayed occupancy addendum at the sellers request. Then Crye-Lyke lied and said it was not used. However we could prove it was used and it was never signed off on.

 Crye-Lyke also stated that they had no duty to make sure a transaction is clean and also told the judge through there attorneys that the house was sold as-is. This was a total lie. We also know the contracts were not normal contracts. It took away liability of the realtor and seller which is not lawful our attorney told us. The as-is clause at the end of the contract has always been used only in the event something like a water heater or dishwasher went out a week after close. The seller would not be held libel naturally. However in our case it has been morphed to mean disclosure laws are now void and it is now buyer beware. I now give you a right to be informed. Do you really want to buy in Arkansas. If you do you do it at your own peril.

Cyre-Leike professional? No they repeated had their attorneys lie for them and they tried to use people willing to perjure themselves against us until they found out we could prove on paper they were liars. Crye-Leike allowed their attorneys to threaten us, tag team us during depositions at the same time for eight hours which goes over allowed time, tried repeatedly to destroy my character with the judge. Tried to get us to defalut by sending a flurry of motions to us, tried to have people come in to perjure themselves against us. Threatened us with a protective order if we continued to try to get admissions while we were pro-se. This is also known as duress. I also believe this is attorney malpractice and obstruction of justice. Yet this is alright to do now since the Judge refused to even address this, they got off. The laws in Arkansas mean nothing. There is much more that they pulled but most important this was allowed by Crye-Leike and their E&O insurance company United States Liability Insurance Group. Whatever it takes. By the way their attorneys refused to tell us while we were pro-se to tell us who the insurance company was they were representing, again our legal rights were userped.

The fact is we had an absolute right to resend the contract and we only wanted our money back that we had put into the house. The transaction was not complete until the delayed occupancy addendum was fulfilled the Judge ignored this as well. They decided to fight.

Thirty days later the seller put a second fraud on our house by using it as collateral for his new home. This was allowed by his own attorneys firm when overseeing the warrenty deed. The bank was also in on it and has been admitted to through a supoena. Then the same day of closing the deed was sold to another unsupecting lending company.

Why did Crye-Leike do this to us, why lie about us, why bring in people to hurt us, why have their attorneys lie about us, why did they lie about real estate law and their duties if we just mistaken. Wake up people, the laws are not being followed and this will continue unchecked. Buyer beware!

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