LeMac Realty Century 21 Sandy Flaming, Linda Zdora. Jewel Pendergrass, Randall Messick, Century 21 Broker/Agent Fraud, Misrepresentation, Unethical Sales Practices Mountain Home Arkansas

May 27, 2014 Agent Sandy Fleming took us out to  White Tail Trail Salem, AR at approximate 9:00 AM. 

The asking price of the property was $290,000 for the property, 200 Acres, along with appliances. 

 

The Seller happened to be there. Seller told us the history and showed us around the property, the house, the out buildings, the trail and the perimeters of the 200 Acres. 

When it was done, she offered us to sit and ask her any questions, which we did.

 

We asked the seller how soon she wanted to close? 

The seller's response : "No later than mid October"

 

Buyer: "Are you sure October?"

Seller: "Yes, I have a place in Florida that is ready."

 

Buyer: " You don't want to close sooner?"

Seller: "No, I haven't thought about that. mid October would be great."

 

Buyer: "Would you be willing to sell the equipment and any or all furniture if we put in an offer?"

Seller: "I never thought about that."

Buyer: "We are from MN and hate shopping, especially furniture, if there are things you don't want could we buy them from you?"

Seller: "My place is actually all ready to go, it's a small apartment and all I need to bring is my personal items."

Buyer: "You would be willing to sell us the equipment and furniture?"

Seller: "Yes"

 

Our Agent Sandy Flaming during the above process kept trying to get to leave and would try to cut off the seller and us as buyers.

Agent Sandy proceeded to call the Listing agent and we couldn't hear what was talked about as she went to her car.

 

Agent came back and said we need to go. 

 

Seller gave buyers hugs and said: " I hope we can work this out."

 

Buyers: "We do to, Sandy will get something to you in the next day or so."

Seller: "Thank you and have a safe trip back to MN."

Buyers: "Thank you"

 

With that we left and while driving back, 

 

Agent: "I know you could get this at $275,000, but you can't close in October."

Buyers: "Why?"

Agent: "No one likes to wait that long. We need to close in less than a month. I don't know how ya'll do things there in MN, but here we close right away."

Buyers: "We have done closings like that before, it's never been a problem."

Agent: "Here it is, we have to have it off the books. Ya'll won't get it if ya'll don't move your closing date up."

Buyers: "She said she wanted to wait."

Agent: "Well, I'll talk to Linda."

Buyers: "How long have you known Linda?"

Agent: "I've been here for 13 years and Linda 1. She's good people."

Buyers: " We will talk about it over lunch and get back to you.

 

Buyers left for lunch and left for Minnesota.

 

Agent called at 4:29 PM; 

 

Agent: "What did you two decide?"

Buyers: "We are on our way back to MN, We are waiting to hear back from the banker."

Agent: "I can write up the offer now."

Buyers;" "No, We can't, We can't over leverage ourselves on this deal. We need to hear back from the back first. This would be a cash offer."

Agent: "Ya'll call me when you hear back. But it won't last long, 6 people already looked at it. It should be sold here real quick."

Buyers; "OK"

 

Wednesday May 28, 2014

 

Sandy Flaming and Randall Messick were supposed to write up a FULL price CASH offer with $10,000 NON REFUNDABLE earnest money, with a closing date of Oct. 15,2014 and NO CONTIGENCIES. When in fact Jewel Pendergrass told us they wrote the offer with full asking price, contigent to financing, refundable earnest money, home inspection, termite inspection, with closing Oct. 15. We had a 12:00 PM Thursday Deadline.

 

 

Thursday May 29, 2014

 

 

Called another Realtor from Arkansas told her the situation and she agreed to help. 

We again wrote up a FULL price offer NO contigencies, 60 day close, with a 5 PM deadline for Friday May 29.

 

Jewel Pendergrass called said she spoke with Linda Zdora. Linda stated to Jewel that it was rejected, the seller wanted 30 day close cash offer. But didn't know Randall wrote up the offer wrong And that we never received a copy of the rejection letter. But never offered to send one either.

 

Friday May 30, 2014

 

Our new realtor called us at 5 PM and said our offer was rejected again, with absolutely NO EXPLANTION. Again we wrote another offer for FULL ASKING PRICE, NO CONTIGENCIES, 30 day close CASH offer, with a 2 PM deadline for Saturday May 31, 2014.

 

 

Saturday May 31,2014

 

Our Realtor called at 5 PM 3 HOURS AFTER THE DEADLINE and said Linda Zdora rejected our offer and didn't want to sell it to us. And that we need to talk to the broker. What broker?  Our realtor kept asking what broker and why is it rejected? Linda Zdora kept saying talk to the broker. When our realtor asked for the rejection letter, Linda Zdora again said talk to the broker.

 

 

Our Realtor said contact your attorney on Monday. 

 

We called Jewel Pendergrass and left her a message. Aske to know what was going on with her real estate company and her agents. Told her we put in a FULL price CASH offer that was rejected again and that we were going to contact our attorney!

 

At around 6:30 we called Jewel Pendergrass again, she answered the phone. We told her we put in a FULL price CASH offer, NO contigencies and 30 day close and again it was rejected. Jewel then said: "It was just sold a few minutes ago to a broker in West Plains, a broker just bought it. When we asked what? She again said a broker from West Plains just bought it a few minutes ago.  KEEP IN MIND WE JUST HAD A FULL ASKING PRICE CASH OFFER WITH NO CONTIGENCIESWITH A 30 DAY CLOSE REJECTED AT 5PM, 3 hours after the deadline. 

We started to say How could, and Jewel HUNG UP ON US! 

 

 

All of these people Sandy Flaming, Linda Zdora. Jewel Pendergrass, Randall Messick broker/agent fraud, misrepresentation and displayed dishonest and unethical sales practices.

A fiduciary responsibility is a legal or ethical relationship of confidence or trust between two or more parties, most commonly a fiduciary and a principal. One party, for example a corporate trust company or the trust department of a bank, holds a fiduciary relation or acts in a fiduciary capacity to another, such as one whose funds are entrusted to it for investment.  In a fiduciary relation one person, in a position of vulnerability, justifiably reposes confidence, good faith, reliance and trust in another whose aid, advice or protection is sought in some matter. In such a relation good conscience requires one to act at all times for the sole benefit and interests of another, with loyalty to those interests. A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.[1]

 

A fiduciary duty[1] is the highest standard of care at either equity or law. A fiduciary (abbreviation fid) is expected to be extremely loyal to the person to whom he owes the duty (the "principal"): he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents. The word itself comes originally from the Latin fides, meaning faith, and fiducia, trust.

 

Securities Non-suitable investments, broker/agent fraud, misrepresentation broker has a duty to understand the investor's risk tolerance. In making an investment recommendation to a client, a broker must make recommendations that are consistent with the customer's risk tolerance, needs and investment objectives. A broker has a duty to know his client and only recommend investments and trading strategies that are suitable for that client. An investment may be unsuitable if a customer does not have the financial ability to incur the risk associated with a particular investment, or if the investment was not in line with the investor's financial needs; or if the customer did not know or understand risks associated with certain investments.

 

A broker has a duty to understand the risk tolerance of an investor, the tax considerations for the client, the client's prior experiences and appetite for risk, and the level of return desired. It is the duty of a broker to make recommendations that are appropriate and suitable given his client's circumstances. If a broker breaches those duties and makes unsuitable recommendations for a client, the broker may be liable to that client.

 

Fraud and Misrepresentation To constitute fraud the misrepresentation [or omission] must be made knowingly and intentionally, not as a result of mistake or accident; that is, that the person either knew or should have known of the falsity of the misrepresentation [or the false effect of the omission], or that he made the misrepresentation [or omission] in negligent disregard of its truth or falsity. The Plaintiff must prove that the Defendant intended for the Plaintiff to rely upon the misrepresentation [and/or omission]; that the Plaintiff did in fact rely upon the misrepresentation [and/or omission]; and that the Plaintiff suffered injury or damage as a result of the fraud.

 

1. Fraud, dolus malus, may be actual, arising from facts and circumstances of imposition, which is the plainest case;

 

2. It may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses and not under delusion, would make on the one hand and such as no honest and fair man would accept on the other, which are inequitable and unconscientious bargains;

 

3. Fraud, which may be presumed from the circumstances and condition of the parties contracting;

 

Intentional Torts Defamation, libel, slander, tortious interference with contract, tortious interference with prospective business relations.

 

Intentional Torts Defamation, libel, slander, tortious interference with contract, tortious interference with prospective business relations. INTENTIONAL INTERFERENCE TORTS WITH PROSPECTIVE ECONOMIC ADVANTAGE Nature of the Tort of Intentional Interference with Prospective Economic Advantage The elements of that tort of are: '(1) an economic relationship between [the plaintiff and some third person] containing the probability of future economic benefit to  the [plaintiff],

 

(2) knowledge by the defendant of the existence of the relationship,

 

(3) intentional acts on the part of the defendant designed to disrupt the

relationship,

 

(4) actual disruption of the relationship, [and]

 

(5) damages to the plaintiff proximately caused by the acts of the defendant.

 

Laws Board of Realtors Standard Practices and Codes

 

Article 1

 

When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS of their obligation to treat all parties honestly. When serving

a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS remain obligated to treat all parties honestly.

(Amended 1/01)

 

Standard of Practice 1-9

 

The obligation of REALTORS to preserve confidential information (as defined by state law provided by their clients in the course of any agency relationship or non-agency relationship recognized by law continues after termination of agency relationships or any nonagency relationships recognized by law. REALTORS shall not knowingly, during or following the termination of professional relationships with their clients:

 

1) reveal confidential information of clients; or

 

2) use confidential information of clients to the disadvantage of clients; or

 

3) use confidential information of clients for the REALTORs advantage or the advantage of third parties unless:

 

a) clients consent after full disclosure; or

 

b) REALTORS are required by court order; or

 

c) it is the intention of a client to commit a crime and the information is necessary to prevent the crime; or

 

d) it is necessary to defend a REALTOR or the REALTORs employees or associates against an accusation of wrongful conduct.

 

Information concerning latent material defects is not considered confidential information under this Code of Ethics. (Adopted 1/93, Amended 1/01)

 

Article 2

 

REALTORS shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction. REALTORS shall not, however, be obligated to discover latent defects in the property, to advise on matters outside the scope of their real estate license, or to disclose facts which are confidential under the scope of agency or non-agency relationships as defined by state law. (Amended 1/00)

 

Standard of Practice 2-1

 

REALTORS shall only be obligated to discover and disclose adverse factors reasonably apparent to someone with expertise in those areas required by their real estate licensing authority. Article 2 does not impose upon the REALTOR the obligation of expertise in other professional or technical disciplines. (Amended 1/96

 

 

 

Article 12

 

REALTORS shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. REALTORS shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional.

 

(Amended 1/08)