Coldwell Banker Real Estate & Byce Auction Coldwell Banker Real Estate & Jeff Byce Auction did not fullfill their side of the contract but refusing to return my $10,000 deposit. Warren Ohio

Coldwell Banker Real Estate & Byce Auction agents signed a contract with me to purchase a property with $10,000 deposit and closing on or before April 30th 2008. While showing the property I was buying, they told me that all of the paved parking lot is part of the parcel I am buying. After they took my $10,000, I found out that most of the paved parcel does not belong to the lot as I was shown. One third of the parking lot was not part of the parcel I was buying. I have witnesses to this fact. When I told them about it and they shrugged the shoulders as if no big deal. I was told "well, survey was not done at the time" What am I supposed to do, not believe these realtors who are in the profession? Why did they not do their homework before telling me what was included and what was not part of it? 2. I was told that the sign for the business is on the next lot and I have to spend the money to move the sign. I agreed and later on I found that to be not true. When I asked Jeff Byes about it, he told me, well I showed you the aerial maps. He will not admit his screw up and when I confronted him with this fact he told me "yes" sign is not on other lot, it is on this lot but "barely" . What a con man.

Now they are saying "well, I signed the contract so I am stuck" buy the property on or before the deadline or loose my $10,000. Ok I know I signed the contract so I know I am stuck with it or loose $10,000 deposit. On the day of closing I went to the title office where the closing was to be held, as I was told that in Howland office they have everything ready. So I go there to close and people in the title office told me that I can not close because the paperwork is not ready. There are issues with the title.

If I am held responsible for closing on the due date, they should be held responsible for closing on the same date also. They should deliver to me what was promised on the contract on or before the due date. Guess what, they are telling me that paperwork was not ready because I asked for an extension, which they never gave me in the first place. What a lie they know they can not give me the clear title on one of the 3 lots because it is land locked. But they will not admit to this fact but blame me. They had the balls to tell me on the closing day that just leave the check with them for the whole amount and they will work on the paperwork later on. How can I leave a check for $170,000 with these people that lie to me all the time.

As I know now that they can not deliver the clear title to me per the Ohio law. I was told "Jeff, talked to the county and somehow they will deliver the clear title to me" I knew someone was lying to me. They will say or do anything to make a sale. They will never admit that they are wrong. Buyer, be aware. Contracts are written to protect the realtor and the seller but not the buyer

Later on, I get a call from the realtor that they want me to give them a check for the amount and they will hold the check till they can give me a clear title. "crooks" they want me to give them my money without delivering what was in the contract. They don't want to give me the deposit back because they could not deliver per the contract but they want me to hand over a check when they don't even know what the check amount is.

They said "we will give you an estimate of the check amount" They want to hold me hostage by holding my check. How can they come up with a scheme like that? Now they are saying they were not ready because I asked for extension which they refused to give me to begin with.

Just like they tell everybody, everyday, contract is a contract; they did not deliver their side of the contract I want my deposit back. I know they would not have hesitated to keep my deposit if I did not come up with the funds on time. Well, they have my money and don't want to give it back. This is a ripoff that is worth reporting.

Pramod
NILES, Ohio
U.S.A.

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