Report: #1246763

Complaint Review: Access Premier Properties - Waterford New York

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Ripoff Report is Xcentric Ventures

Submitted: Thu, August 06, 2015
Updated: Thu, August 13, 2015
Reported By: Heru — schenectady New York USA

Author Not Confirmed

Why?

Access Premier Properties 301 Hudson River Rd Waterford, New York USA

Phone: 518.424.5418‎‎
Web: http://www.accesspremierproperties....
Category: Realtors

Access Premier Properties failed to honor termination of revoke the listing broker's authority pursuant to paragraph 15 of the listing agreement Waterford New York

*REBUTTAL Individual responds: Exclusive Right to Sell Listing Agreement Used By 2,800+ Brokers/Agents of Capital Region Multiple Listing Service

*Author of original report: Lies, Deceit, Greed

*REBUTTAL Individual responds: Unconditional Withdrawal Policy

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Just prior to my family and I going on our summer vacation July 22, 2015, Mr. Arland B. Landis, (Realtor), asked Deborah Gaillard Miller and this writer, Herbert Miller to write a statement "revoking the listing broker's authority pursuant to paragraph 15 of the listing agreement" and have it signed and notarized in which we did so. It was signed and notarized at Schenectady City Hall by a notary public county clerk on July 28, 2015. Initially we wanted to completely take our home off the market due to personal circumstances with the possibility of putting it back on at a later date. Our intentions where explained to Mr. Landis but because of Mr. Landis's snide remarks and unprofessional behavior, manipulation and assuming we will take on another realtor during a phone conversation, Deborah and I decided to seek counsel and attempt to re-list our home. What was the purpose of said notarized statement?.

Therefore, Mr. Landis, upset about his assumptions and our actions, acted out the following. Deborah and I told Mr. Landis, in an e-mail that was sent July 21, 2015 stating "we no longer require his services as our agent to represent us in the sale of our home and would like the current real estate contract terminated as of July 21, 2015". This was the exact time Mr. Landis request we write a statement to revoke listing broker's authority pursuant to paragraph 15 of the listing agreement. Once again, what was the purpose of said notarized statement?.

After (Mr. Landis) speaking to Deborah Miller on July 30, 2015 as per her conversation with me, you stated (Arland B.Landis) to her "we are currently under contract and the said contract will not be terminated and/or revoked". To add, numerous e-mail attempts and text messages, in which you refuse to respond, and/or change the status on this website... crmls.paragonrels.com/ParagonLS/Default.mvc/Login from "cond'1 to "unconditional withdrawal". Interestingly Mr. Landis stated to Deborah there are over 200 people suddenly and mysteriously interested in our home but due to the current listing condition there is nothing he (Mr. Landis) can do to get our house sold.

My first initial contact to Mr. Landis on this subject was July 9, 2015 whereas I stated, I would like an "Unconditional Withdrawal" severing all ties and representation as our real estate agent and expunge our current contract. This wrtiter being somewhat naive, trusting and unfamiliar with real estate listing agreements, contracts and legal jargon feel we where taken advantage of and duped into signing an "Conditional Withdrawl" thinking that would solve the matter at hand. To our surprise, Mr. Landis manipulated us into signing what's called an "Conditional Release fr. Exclusive Listing Agreement - 1" which entails a 6 month, no listing of our home on the market contract condition and if we at anytime make a decision to re-list our home with another real estate agency we will not be able to do so and will be locked in with "Access Premier Properties" for said duration. Deborah and I tried repeatedly to rectify the matter as civil as possible but Mr.Landis refuses to act in a civilized manner, solve the problem and honor our wishes.

This relationship between seller and realtor went completely and totally down hill. Unbeknown to us, in the "World of Realtors" it is circulated that Mr. Landis is known to have an unsavory

reputation with his clients, display bad business practices and not well liked amongst his peers. There's no way we feel Mr. Landis, at this point in time, has our best interest at hand going forward and are totally confused and frustrated as to why Mr. Landis would want to continue such a non-constructive, volatile and hostile relationship with a client, meaning, why put us through such heartache and turmoil? all the while Mr. Landis, at any point, can simply do what would be proper and necessary and let us go our merry way.

This report was posted on Ripoff Report on 08/06/2015 07:06 AM and is a permanent record located here: https://www.ripoffreport.com/reports/access-premier-properties/waterford-new-york-12188/access-premier-properties-failed-to-honor-termination-of-revoke-the-listing-brokers-auth-1246763. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:

1Author

0Consumer

2Employee/Owner

#3 REBUTTAL Individual responds

Exclusive Right to Sell Listing Agreement Used By 2,800+ Brokers/Agents of Capital Region Multiple Listing Service

AUTHOR: Brent - (USA)

SUBMITTED: Thursday, August 13, 2015

POSTED: Thursday, August 13, 2015

Pursuant to paragraph 17 of the standard CRMLS Exclusive Right to Sell Listing Agreement signed by property owner-seller, an "EXCLUSIVE RIGHT TO SELL" listing means that if you, the OWNER of a property find a buyer for your house, or if another BROKER finds a buyer, you must pay the agreed commission to the present BROKER.

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#2 Author of original report

Lies, Deceit, Greed

AUTHOR: - ()

SUBMITTED: Wednesday, August 12, 2015

POSTED: Wednesday, August 12, 2015

This rebuttal conveniently left out the beginning of the "Pursuant to paragragh 15 of the standard (CRMLS) exclusive right to sell listing agreement" which states, "I understand that I may revoke the LISTING BROKERS authority to be my agent at any time". I understand that the contract rights can be retained. The point is why not just terminate the contract altogether and stop the anger,grievance,hardship and protest that my wife and I are experiencing. Access Premier Properties is a very small business competing with large real estate corps. and desparate for any business they can generate and would rather hold on to their clients at any cost by any means necessary.

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#1 REBUTTAL Individual responds

Unconditional Withdrawal Policy

AUTHOR: Brent - (USA)

SUBMITTED: Wednesday, August 12, 2015

POSTED: Wednesday, August 12, 2015

Under no circumstances will an unconditional withdrawal and/or release be provided after property is listed on the Capital Region Multiple Listing Service (CRMLS).

Pursuant to paragraph 15 of the standard CRMLS Exclusive Right to Sell Listing Agreement signed by property owner-seller, the listing broker shall retain its contract rights, which may include but are not limited to recovery of its commission, advertising expenses, and/or other damages incurred by reason of early termination.

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