• Report: #646814

Complaint Review: KELLER WILLIAMS TAD KIRKPATRICK

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  • Submitted: Sat, October 02, 2010
  • Updated: Sat, October 02, 2010

  • Reported By: s.p. — Desoto Texas United States of America
KELLER WILLIAMS TAD KIRKPATRICK
12700Preston Road #190, DALLAS, Texas United States of America

KELLER WILLIAMS TAD KIRKPATRICK Fraudulent promise of 1% discount of home sale price DALLAS, Texas

*Author of original report: Tad Kirkpatrick & Keller Williams

*REBUTTAL Owner of company: Doing the Right Thing!

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Tad Kirkpatrick, an agent of the Keller Williams Realty, promised to return me 1% of the home sale price toward my closing cost. I accepted and he assigned one of his sales people to show me houses. I purchased a house for $270,000, and as per his offer he was to send me the $2700 discount.  However, he neither informed the title company, nor sent me the amount. After several e-mails, his response was:

"Sura, Your loan officer messed up by not putting any contributions on the HUD at closing they were instructed to and I was under the impression that it was done. I have responded to every email you have sent and c/c Reggie Walker to make sure he reviews the HUD from your closing to ensure that there was a 1% contribution on your home purchase. I do NOT have a sales gimmick in my business. I also believe that Reggie has tried to contact you about this matter. As I am sure you know, any contributions are reflected on the HUD or Settlement statement at the time of closing, everyone was aware of this contribution well before the closing date." The title company informed me that the realtor had sent them no instructions. Rather than send me the discounrt amount, his final reply was: "I am sorry you feel that way, I have removed your contact information from my data base, you will no longer be receiving any emails, etc from my end. For the record I did not represent you during your new home purchase, I simply referred you to an agent that works down in that area I am truly sorry you have had a bad experience; best of luck to you and your family in the future. Respectfully, Tad Kirkpatrick Keller Williams Realty (972) 365-1361." 

I consider this a fraud and scheme to cheat customers.

This report was posted on Ripoff Report on 10/02/2010 05:45 AM and is a permanent record located here: http://www.ripoffreport.com/r/KELLER-WILLIAMS-TAD-KIRKPATRICK/DALLAS-Texas-75230/KELLER-WILLIAMS-TAD-KIRKPATRICK-Fraudulent-promise-of-1-discount-of-home-sale-price-DALL-646814. 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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REBUTTALS & REPLIES:
1Author 0Consumer 1Employee/Owner
Updates & Rebuttals

#1 Author of original report

Tad Kirkpatrick & Keller Williams

AUTHOR: s.p. - ()

Mr. Kirkpatrick contacted me with the 1% rebate offer when I was in Washington state; I did not contact him. I accepted the offer on good faith. Neither he nor his sales agent told me when and how the rebate would be calculated, so I assumed that the amount would show up on my sale papers with the Notary, or he would mail be the rebate amount. There was no "under the table." Plain truth is: he promised to pay me back 1% of my home price, and he did not at the point of sale. I paid the full amount, so he owes me the amount and I expect to be reimbursed. From his treatment of me as a customer, one can only conclude that the offer was a scam and he was a fraud, and I fell for it. I wonder how many more customers he cheats the way he did to me.

The honst, gentlemanly thing for him would have been to send me a letter of apology and a reimbursement check for $2700. I kept my side of the bargain; he did not. He says his agent Mr. Reggie Walker reviewed the sales documents, but Mr. Walker never showed up and never reviewed the papers. It was I who asked the closing attorney about the rebate, and he told me there was no instruction from the agent for a 1% rebate. Rather than postpone the closing, he said, I should ask Mr. Kirkpatrick to reimburse the amount to me. That is what I did--contact him--but he refused to honor his promise.

Seen from any side, this is a scam, a fraud.

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#2 REBUTTAL Owner of company

Doing the Right Thing!

AUTHOR: Tad - ()

To Begin, I have Never met the person that filed this report... I do feel that it was in poor taste to only include bits of the emails and phone conversations.  I made it Very Clear to this home buyer that I was not willing to commit Mortgage Fraud, which is what he was asking me to do. I will Not Ever do anything that would be considered un-ethical or illegal.

I did try to contact this person and His Lender and Title Company to make the needed changes to the HUD, but he was insisting on me paying him "under the table" this is Not Right; it is not only un-ethical, it is also illegal, and I am simply not willing to do that! 

I have attached and email below from our Broker that clearly states the rules for Rebates...

Also, If you are reading this report, Please let me know!  I will be Happy to offer $500 towards the purchase of your new home or reduce my fee by $500 if you need to sell your current house, the correct way, on the HUD.  Feel free to visit our website:  www.teamkirkpatrick.com for a list of All the Active homes on the market. 

The Email from our Broker:  

Just an important reminder regarding rebates back to your buyer:

A number of buyers lenders simply will not allow a rebate, but yet you have promised one to your buyer clients.  This puts us in a very difficult position because Buyers simply do not understand that any monies must be disclosed on a HUD and you cannot give them money outside of closing as this is considered an under the table deal.  If you do this, you place yourself, your license and this office at extreme risk.
Any discussion regarding a rebate must be followed up with either language in the Buyers Rep agreement or in an amendment to the Buyer Rep agreement.  In fact, when you and the Buyer have a rebate discussion, you must always say that whatever is agreed to must be in writing with very specific language regarding the Buyers lender and the HUD-1 Settlement statement.

The written language regarding the rebate must be as follows:

Any rebate to the Buyer will happen at closing and will be paid from the commission received by the agent.  The rebate must be approved by the Buyers lender and the rebate must be included on the HUD-1 Settlement Statement.  Failure to follow these procedures or non approval by the Buyers lender shall result in no rebate payment to the Buyer.  Rebates to the buyer can never occur outside of closing.
 
Take care Everyone.
 
Kathy Gordon
 
Director of Compliance and Risk Mitigation/Designated Realtor for Corporate Broker

Keller Williams Realty
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