Public Mediation

AFFORABLE REALTY GROUP-Dispute-#7535531

J. M. vs. Affordable Realty Group
1635 N. ARLINGTON HEIGHTS ROAD Ste. 102, Arlington Heights, Illinois, 60004, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Affordable Realty Group
    • Claimant Seeks: View.
    • Claim #: 7535531
    • Amount Involved: 3,196.00
    • Filed On: Mar 26, 2012
    • Posted On: Apr 06, 2012
    • Complaint(s):
      • Bad business practices
      • Contract / Agreement / Promise dispute
      • "I just feel ripped off."
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Statement of Claim
Claimant says:
"HE GAVE ME A NSF CHECK FOR A CLOSING SO I CHANGED TO ANOTHER BROKER WHEN HE WOULD NOT MAKE THE NSF CHECK GOOD. HE LET ME TAKE MY LISTINGS WITH ME TO THE NEW BROKER EXCEPT ONE THAT WAS ABOUT TO CLOSE IN THREE WEEKS AND IT CLOSED AND I WAS THE LISTING AGENT AND THE SELLING AGENT AND HE KEPT ALL THE COMMISSION AND DID NOT DISPERSE THE COMMISSION AND THE CLOSING WAS DECEMBER 5 2011. THE AMOUNT OF THE CHECK WAS $3196."
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Additional Communication Between Claimant and Affordable Realty Group Hide
  • Mar 28, 2012, AFFORDABLE REALTY GROUP (responding party) added:
  • As far as the claimants claim that there was a NSF check presented to him was due to another check that was presented to the company over his check amount that was also returned. It was an out of state check that is still being pursued with our corporate attorney's. As far as any other commissions due claimant he clearly violated our independent contractor agreement with several internal and departmental violations. There is no further commissions due the claimant.

  • Mar 28, 2012, Claiming party added:
  • Have ARG support the claim website has his address. Have ARG support the claim I tried to have the commission go to my new Brokerage as I have a copy of ARG commission statement where ARG received $2196 plus in addition I have a copy of a $1000 escrow check made out to ARG for a total ARG received $3196. I also have a copy of the contract listing me as the selling and listing broker.

  • Mar 28, 2012, AFFORDABLE REALTY GROUP (responding party) added:
  • I have printed on several occasions that you are currently using my address on your website. All you have to do is look at your website to see it, otherwise I can provide proof with no problem. Again, you sent me the commission worksheet on the Parkway closing, and again you can obviously see that you wanted the title company to pay your new company. I can also provide that proof as well.

  • Mar 28, 2012, Claiming party added:
  • THE WEBSITE HAD CHANGED THE LOGO LONG AGO AND JUST NOW CHANGED THE ADDRESS BUT THAT IS NO REASON WHY TO NOT PAY THE COMMISSION TO ME. YOU TOLD ME AFTER YOU RECEIVED THE WORKSHEET FROM ME AND IT WAS ONLY A WORKSHEET YOU WILL SEND THE COMMISSION STATEMENT TO THE TITLE COMPANY AND YOU DID AND I YOU RECEIVED THE COMMISSION AND I DID NOT AND THAT IS NO REASON WHY NOT TO PAY ME THE COMMISSION

  • Mar 28, 2012, Claiming party added:
  • As you know the title company did not receive the worksheet from me only you received the worksheet and you are well aware your signature must be on the worksheet and you can correct any errors before the worksheet is sent to the title company and you did send it and it is a false claim to say I tried to have the title company pay the commission directly to my new company plus you still owe $7925 dollars for a NSF check going back to last year and according to the police department that is forgery and deceitful practices and you told the officer you would settle up with me and that is also not true.

  • Mar 28, 2012, Claiming party added:
  • Dan you are mistaken and you have a history of taking other peoples money just look at the NSF check where you pocketed $7925 of my money so this is more of the same. The worksheet sent to YOU on Nov 23rd required your signature before the commission could be sent to the closing department so you had ample time to correct any errors so that statement is poppycock. Secondly the failure of my website to correct a address does not constitute a reason to take someone else money unless you were looking for an excuse to also take more money. Dan let's face it you are an expert at taking 75 year old's money going through cancer radiation. Congratulation on being a swell guy.

  • Mar 30, 2012, Claiming party added:
  • In October 23 of 2011 Dan Duncan wrote me a check for $7925 commission for a sale of a home in Lincolnshire. The check bounced as NSF and three weeks later Dan Duncan still had not been made his check good. I had no choice but change to a Real Estate Company that would not engage in forgery and deceitful practices those are the police words not mine.

    I ask Dan Duncan to release my listings to my new Real Estate company and he released all but a closing that was closing in a few weeks. I knew right then Dan Duncan would keep that money yet again and find a lame excuse to take the money of a 75 year old man who was going through radiation for cancer and that is exactly what happened. He forced me to change Real Estate agencies because he had taken $7925 of my commission money then said the reason why he had to keep the next commission of nearly $3000 was a website company that runs my website forgot to take his companies ADDRESS off the website, pretty lame excuse and as soon as he informed me of the address issue it was corrected but he continues to keep the nearly $3000 even though it is no longer a issue.

    Then he floated another ruse by saying I tried to get the commission sent to the new broker. Most people who had to change brokers because the former broker had stolen their commission just two months earlier who wouldn’t ask for the commission to be sent to the new broker”, HELLO. Dan conveniently neglected to say I sent the commission statement to him to process because he had to approve the commission statement with his name at the bottom of the commission statement and instead of allowing me to take the listing to the new broker to get paid at the new Real Estate company that I had to change to because he stole my commission two month earlier he put his name on the commission statement which is fine except he kept all the money yet again and did not disperse it to me then blamed it on me for asking that I get paid at the new broker I had to change to because he had stolen my commission two months earlier with a NSF bad check the police called forgery and deceitful practices. Who is he trying to kid blaming others for his steeling $7925 with a bad check then again another nearly $3000. Do you see a pattern here of taken other people’s money than trying to justify taking their money with phony arguments. This proves Dan Duncan has a pattern of taking other people’s commissions and no amount of spin will overcome that simple fact.

    Let third parties determine if Dan Duncan’s lame excuses justifies taking $7925 with a bad check then again two months later nearly $3000 for a closing he would not allow me to take to the new brokerage company that he forced me to change to because he had already stolen a earlier commission by writing a bad check for $7925 two month earlier that the police department called forgery and deceitful practices and he willingly did this to a 75 year old man going through cancer radiation. No amount of spin will overcome those facts.

  • Mar 30, 2012, Claiming party added:
  • First statement is blatantly untrue the website company has removed the ARG's address and the second issue was address very clearly in the statement below. The reason why I asked for the commission be paid to the new broker is because $7925 dollars two months earlier was taken from me using forgery and deceitful practices per the police department and of course I would ask Dan Duncan to send the commission to the new broker I had to switch to because Dan Duncan had already taken $7925 using forgery and deceitful practices two months earlier. There was not secret that I emailed Dan Duncan to make the final decision and he choose to have the money sent to him where is could keep all the money as he did two months earlier using what the police department called forgery and deceitful practices. Refer to the statement below.

  • Mar 30, 2012, Claiming party added:
  • Dan you are repeating information that has already been proving disproven. I think it is time for you to do the right thing and pay your overdue bills.

  • Mar 30, 2012, Claiming party added:
  • Your address issue becomes a lie after repeating something that is not true over and over again when it is proven that statement is incorrect. All you have to do is go online and you can prove it to yourself. I have review a copy of your independent contractor agreement and there is no violation that would allow you to take your agents money using forgery and deceitful practices as described by law enforcement Please email your independent contract proof to me.

  • Apr 02, 2012, Claiming party added:
  • Please answer the following questions:

    Since when does an incorrect ADDRESS on a website that was corrected allow you to take nearly $3000 in commission from the agent who did all the work to sell the condo? Especially when you stole commission at a closing two months earlier when you took $7925.00 using a NSF as the device to steal the money? Show me the place in the independent contract agreement that allows you to steal commissions when the website changed your name immediately because I was forced by you to change to another brokerage company because you had stolen my commission using a NSF check then changed the ADDRESS at a later date how does that allow you to take my nearly $3000 commission. Show me by return email the place in the independent contract agreement that allows you to take commissions for an ADDRESS on the website later corrected. While you are at it show me by return email the place in the independent contract agreement that allows you to take an agents commission using forgery and deceitful practices.

    Since when does ASKING for the commission due to the agent be sent to his new brokerage company I had to switch to because you had stolen $7925 two months earlier using a NSF check now allow you to take nearly $3000. Show me the place in the independent contract agreement that allows you to take nearly $3000 in commission from me just for ASKING to have the commission sent to the new broker I had to switch to because you had used forgery and deceitful practices to steal $7925 two months earlier.

    You are going to be laugh out of Arlington Heights for your excuses you are using to take money from a 75 year old going through cancer radiation. The Arlington Heights police department help me fill out the Cook County Bad Check Crime Report with the Cook County State’s Attorney Anita Alvarez office. Now you are building quite a resume around the North Shore police departments and now add the State’s Attorney office or you can pay like everyone else does, it’s your choice, you are in charge of your own destiny.

What Claimant Wants Hide
1. Payment due: COMMISSION FOR SALE OF 3219 PARKWAY NORTHBROOK IL. Apr 10, 2012 $3,196.00
2. Other – Physical delivery charges Apr 10, 2012 $2.99
3. Other – Copy claim to regulators Apr 10, 2012 $9.95
Cash total : $3,208.94
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "There was a clear violation of the independent contractor agreement. First the claimant has been still to this date using my corporations address on his website which is not only a violation it could be subject to fines from the department that regulates us. Second, the claimant prepared the commission worksheet and tried to have the title company pay the commission directly to his new company which is definitely a violation of the independent contractor agreement. Lastly, the claimant is due nothing and per the violations of the agreement could be subject to further damages and fines. "

This claim will remain posted until resolved.

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  • Comment: by mato258 — Online mediator
  • On: 01-24-2014
  • This guy Dan Duncan did the same type dishonest practices to his other brokers. His mortgage brokerage licence has been revoked few years ago. Now, DPFR is quietly investigating his real estate and insurance business. Additionally his bank accounts will be frozen within a month unless he pays off claimants demands.
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