Complaint Review: David Miller; The Miller Group Realtor: - Wellesley Massachusetts
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- Author Confirmed
- David Miller; The Miller Group Realtor: 23 Cleveland Rd. Wellesley, Massachusetts U.S.A.
- Phone: 800-9685254
- Web:
- Category: Realtors
David Miller; The Miller Group Realtor: Licensed Real Estate Broker (The Miller Group, Wellesley MA) Stole $1,000.00 Real Estate Deposit Wellesley Massachusetts
*REBUTTAL Owner of company: The REAL Strory
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I found a home in Stoughton to purchase. This home is in deployable condition. I have an accepted offer to purchase this home for $125,000.00 from the Miller Group, with a deposit of $1,000.00.
The home is Purchase of 278 Powell St. in Stoughton, MA.
The buyers broker drafted up an Offer to Purchase the real estate on October 31, 2008. I signed the offer form and gave the broker a deposit check for $1,000.00 on November 1, 2008. On November 1, 2008, the buyers broker told me that the Miller Group (David Miller)would accept the offer. Over the next several days, I called the buyers broker several times to check on the status of the offer. I did not receive the signed offer back from the Miller Group. On November 10, 2008, the Miller Group (David Miller) cashed the $1,000.00 deposit check. I still didn't have a signed offer form from the Miller Group. I called several time again with no luck.
Finally, an offer was signed by Patricia Blair (owner of 278 Powell St. Stoughton) on November 16, 2008. At that point, I asked to gain entry to the property. I needed to write an estimate for Braintree Co-op bank. I could not gain access to the property until November 18, 2008, because the keys were lost.
After gaining entry on Tuesday, November 18, 2008, I wrote an estimate for the repairs in excess of $73,000.00. This estimate is required for Braintree Co-op Bank to approve a mortgage and construction loan needed to purchase this home.
After I gained entry to the home for my inspection, I reviewed the Purchase and Sale drafted by the law offices of Lee S. Kaplan, P.C. This agreement required 5 % deposit on the property without the approval of the financial institute that carries the existing mortgage on the property. I do not feel comfortable to give a deposit until Mortgage's/Investor's/ Lender's approval, based on the amount of time to process a short sale.
I have made my changes in the Purchase and Sale and submitted these changes for review and acceptance on November 25, 2008.
On November 26, at 7:14 am, I talked to the buyers broker about the changes to the Purchase and Sale agreement. The Buyer broker stated that the seller don't agree with any of my changes in the Purchase and Sale. At that point, the Buyers Broker informed myself that the sellers agreed not to sell the Morris Company the property at 278 Powell St. Stoughton MA.
I am still interested in purchasing this property, and I am willing to give the 5% deposit to a third party (Lee F. Kaplan), once the financial institute approves the sale of the property. Also, I don' want to lose my deposit of $1,000.00. David Miller told Jim Molloy that the 5% deposit , must be written to the Miller Group. The Miller Group would not accept the deposit to a third party. David, told me that the deal was off.
I asked the Miller Group and Success Real estate to return my deposit of $1,000.00. Success Real Estate and David Miller denied returning my deposit of $1,000.00.
Joseph
Braintree,, Massachusetts
U.S.A.
This report was posted on Ripoff Report on 03/09/2009 06:24 AM and is a permanent record located here: https://www.ripoffreport.com/reports/david-miller-the-miller-group-realtor/wellesley-massachusetts-02481/david-miller-the-miller-group-realtor-licensed-real-estate-broker-the-miller-group-we-432165. 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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#1 REBUTTAL Owner of company
The REAL Strory
AUTHOR: David - (U.S.A.)
SUBMITTED: Sunday, October 11, 2009
I would like to state for the record I have been a licensed real estate sales agent in Massachusetts since 2001. I have impeccable record with 0 complaints from the Massachusetts Real Estate board. I encourage anyone reading this to confirm this fact. My broker license # is 9053969.
Let me state the facts: Since this complaint was made Mr. Whalen has received his deposit back. What Mr Whalen hasn't stating in his report is that as the escrow agent for the seller I have NO legal right to release a deposit without MUTUAL consent from both parties. If the Miller Realty Group was to release the deposit without mutual consent, we would have been breaking law. We refused to break the law dispute Mr Whalens complaints. In other words, my client did not give me authority to release the said deposit back to the buyer. The reason why Mr Whalen was not going to be receiving his deposit back was he DID NOT comply with the original offer written on said subject property as result he was in breach of contract.
As we all know, an offer on a property is legal document. It has dates to comply with. We put down and deposit to bind an offer. All terms need to be complied with. As any attorney ( or agents) we know, that these dates need to be carefully watched or you could be jeopardy of loosing ones deposit. Well start by saying, Mr Whalen felt it WASNT necessary to hire an real estate attorney, he was acting as his own counsel. Mr. Whalen made an offer and as he admits before signing of the purchase and sale he decided to unilaterally change specific terms of the "offer". This was unacceptable to seller. My client accepted the original offer and terms, Mr. Whalen DID NOT act in good faith. At that point Mr Whalen was in breach of contract. At this point, Mr Whalen was perceived from our perspective as playing games. We made every effort to hold this deal together. But after a weeks of requests for a final version of purchase and sale, the seller had every right to keep the deposit and sell the property to someone else. Although Mr Whalens purchase and sale has expired, he had the arrogance to suggest that he was in the drivers seat. At that point my client had no interest in doing business with Mr Whalen.
Due to the fact Mr. Whalen was in breach contract he legally forfeited his deposit. I did support my clients to decision to not release Mr. Whalens deposit. Since then Mr Whalens deposit was returned to him to avoid lengthy litigation. Had there been any legal action (after speaking with several lawyers) there was no question Mr Whalen did not have any legal right to change his offer and due to his breach in contract and he would have lost his deposit.
Unfortunately this dispute you are reading about has very little to do with the Miller Realty Group. If we had released the deposit at the time of the infraction without my clients consent, The Miller Realty Group would be breaking the law. The Miller Realty Group REFUSES to break the law. Dispite this complaint The Miller Realty Group stands by their actions. I will not apologize for defending my client who was facing foreclosure, in the face of greedy arrogant real estate developer trying to take advantage of disparate person.
We are consulting our attorneys to file a deformation of character law suit against Mr. Whalen. Still Pending.
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