- Report: #386130
Report - Rebuttal - Arbitrate
Complaint Review: Shear Realty
Shear Realty4634 Phelan Road, Suite F Phelan, California U.S.A.
Shear Realty Shear Realty Misrepresented a House I was going to purchase, when cancelling the Deal they are holding my down payment+depoist. Phelan California
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The two agents involved clearly, misrepresented the house to us.
I cannot believe how horrible this realty not only did they hide the unpermitted bedrooms (2 bedrooms), a breezeway, and a patio, along with a major 220 volt electrical problem and double tapped wire in some circuit breakers. They also infringed on my right, as buyer to have a home inspection done on the property. Sandi Hemingway was angry when I asked about getting a home inspection in one email she said, It is late in the purchase to continue to ask for repairs and question the condition of the home. Isn't a buyers right to ask question about what they are buying, anyways we went ahead and continued to get a home inspection, although Sandi opposed the decision. What we found was that the electricity was double tapped (two wires in one circuit breaker) and had to be fixed. What the inspector did not find was that the breezeway and patio cover and two rooms were unpermitted. The county went to permit the panel upgrade and did an initial inspection they found that the patio, breezeway, and two bedrooms (garage converted) were unpermitted. It is a realtor's job to display and present a property with all the pertinent facts.
Sandi Hemingway also said The bank has never lived in or has no knowledge of the property. They acquired it by foreclosure and are exempt from many of their disclosure requirements because of this process. Our Reo Advisory states (read the REO Advisory: Section Requirements: Number 1)
Disclosures: Seller is not exempt from common law and statutory duties concerning fraud and deceit, even though the specific TDS Form is not required to be completed. Seller remains obligated to disclose know material facts affecting the value and desirability of the property.
Even the county said if we buy this property we would have to go to court. And they are prepared to fine us as soon as the title is transferred to our name.
I truly hope someone can stop them from doing this to another customer; this is one of the largest frauds I have dealt with. And they must have done this to several other customers too. I wonder how many other innocent home buyers were stuck with a property that was misrepresented of damages and are now foreclosed living on the street. It looks like the news is unfairly targeting the banks, when it's really realtors and real estate agents, like Nancy E. French and Sandy Hemingway, who caused this housing mess to occur. If I ended up spending another 100,000 on this property I will next in line to foreclosure stamped on my head.
Also the realty picked the escrow company, Mara Escrow of Westlake Village, and this escrow is stopping the return of my down payment. (Which in any they are not legally allow or entitled to keep it) Mara escrow is saying that the selling agent is not releasing the funds (I thoughts escrows are neutral parties.) But since the seller chose their favorite escrow company the company defends the realty.
I have spent $1250 in attorney fees.
Simi Valley, California
This report was posted on Ripoff Report on 10/29/2008 04:37 PM and is a permanent record located here: http://www.ripoffreport.com/r/Shear-Realty/Phelan-California-92372/Shear-Realty-Shear-Realty-Misrepresented-a-House-I-was-going-to-purchase-when-cancelling-386130. 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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