Public Mediation

Cliff Kramer and Bray Real Estate Dispute

K. G. vs. Bray Real Estate
1015 N 7th St, Grand Junction, Colorado, 81501-3102, United States
Amount Involved: $180,000.00
    • 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: Bray Real Estate
    • Claimant Seeks: View.
    • Claim #: 2255987
    • Amount Involved: 180,000.00
    • Filed On: Jan 24, 2014
    • Posted On: Feb 04, 2014
    • Complaint(s):
      • Bad business practices
      • Problem with a service
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Statement of Claim
Claimant says:
"I engaged Cliff Kramer to find a home for me to purchase. I explained up front several times (and many other times during my association with Mr. Kramer) that I had only enough money available to find and close a sale within a narrow, limited time frame, that I had a loan pre-approval for a limited amount, and that my time to complete a sale was severely limited based on several factors; I also made it clear that I was hoping to purchase a home in order to lower my monthly bills to fit into the limited salary ($25,000 annually) at my job which was not enough to cover renting at average area prices (the monthly cost of a mortgage was about one half what I was paying for rent). Instead of showing me a number of properties over the course of one or two days, as I had expected (and had experienced with other realtors), Mr. Kramer dragged the process out over nearly a month, showing me only 2 or 3 properties per trip, on the days he wanted to show property. As as result, not only did interest rates price me out of my loan pre-approval, I also had to spend a good portion of the money I had set aside for closing on an additional month's rent, moving and storing my property. Mr. Kramer also refused to work with the lender who had pre-approved my loan. Due to the delay, an unexpected old debt appeared on my credit report, dropping my score by over 100 points, forcing me to do a new loan application. Although I found a new real estate agent--after a confrontation with Bray & Co, and a new lender, my purchase was delayed by another 30 days. Because my job was as college instructor and not flexible--school starts when it starts--I was unable to find transitional housing or even find another rental at such late notice; it would have been impossible for me to teach four college level courses while living in my car, and I couldn't afford a hotel and still have enough money left over to purchase the new sale on which I then had a contract. As a result, I had no option but to resign my teaching contract, for which I would have been paid $25,000 over the course of the academic year, and ended up living with relatives 300 miles away because without my job I could no longer complete the property purchase. I filed a complaint with the State of Colorado, but that complaint was found unfounded because Mr. Kramer used all the correct forms in a timely manner and does not cover any kind of unethical or harmful behavior. I am still unemployed and homeless, and while I can now collect Social Security Retirement, I have lost my Emergency Unemployment Assistance based on Congress' decision to eliminate that program. As a result of the above described professional negligence on the part of Mr. Kramer, over the course of the last six months I have not only been unemployed and homeless, my family has incurred considerable expense in efforts to assist me, my relationship with my family has deteriorated, my personal and professional reputation has been damaged, my credit score has deteriorated beyond repair, I have been forced to eliminate wellness activities and treatments (Chiropractic maintenance) and put off necessary health treatments (dental work, etc.), drop out of my PhD program indefinitely due to my inability to pay tuition and fees owed and triggering required payment of student loans (previously deferred while I was taking classes), incur high percentage interest fees, penalties, and fines on bills I have been unable to pay, and while I appreciate not having to live in my car, in a shelter, or on the street, found myself living in an unsafe situation which has caused health issues I did not have previously (i.e. allergies to the deteriorating lime based wall plaster and severe dust in the environment of the building where I'm living). If I am unable to find a job very soon, or alternately if Federal Emergency Unemployment Insurance is not re-instated by Congress to give me a couple extra weeks to find work, I will be forced to relinquish my automobile for non-payment of the loan, making my life considerably more difficult than it has already become.

Further, I believe that Mr. Kramer's unprofessional and negligent behavior was based on two key factors: (1) that he would have been much more willing to perform as I had requested and needed and would have been more attentive to my needs and demands had I been seeking a more expensive home providing him a higher commission, and (2) that had I not been a single female to whom he felt superior but a man in a similar situation, he would have treated me more professionally and fairly.


"
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Additional Communication Between Claimant and Bray Real Estate Hide
  • Jan 31, 2014, Bray Real Estate (responding party) added:
  • We were surprised to learn with the filing of this online complaint that Ms. Grossaint still harbors ill feelings and emotional distress. It is our position that we did nothing wrong ethically to contribute to her unfortunate consequences. This last fall, Ms. Grossaint requested that our company release her from a buyer agency agreement and return her earnest money she had rendered in a transaction that failed to close. We acted promptly and addressed both requests to her satisfaction, to which she seemed very appreciative.

    In October of last year, apparently still not satisfied, she filed a complaint with the Division of Real Estate, aka the Colorado Real Estate Commission. The Real Estate Commission regulates real estate activities of licensees in the state by enforcement of laws, rules, and regulations to fulfill its mission of protecting the consumer. One of its important responsibilities is to respond to consumer complaints, investigate thoroughly and take appropriate action. If they find infractions or violations by licensees they have the right to reprimand, fine, suspend or revoke the license of those involved where appropriate.

    We responded to Ms. Grossaint's complaint and the Real Estate Commission investigated the matter. In November of last year the Real Estate Commission found "no evidence of a license law violation", and so informed Ms. Grossaint and ourselves that the "case is being closed."

    We feel that our actions were appropriate, and the Colorado Real Estate Commission agreed. It is regretful that Ms. Grossaint apparently still does not feel the same.
    Robert Bray

  • Feb 01, 2014, Claiming party added:
  • As explained by the Colorado Real Estate Commission (Carolynne Dionese-Wright), the complaint found nothing wrong with the LEGAL aspects of Mr. Kramer's behavior; Ms. Dionese-Wright made it ABUNDANTLY clear in the letter and in a long phone conversation with me that she COULD NOT legally or under the auspices of the Real Estate Commission consider or judge anything but the correct and legal use of state required contracts and timelines, which were, in fact, completed correctly by Mr. Kramer and Bray Real Estate. She did make it clear to me that she COULD NOT consider Mr. Kramer's behavior regarding personal or business ethics, customer service, or general bad behavior, and explained that such issues would have to be taken up with another entity, perhaps Colorado Association of Realtors, to whom I will be sending a copy of this complaint. Her responses and emails to me are included among the documents submitted. My complaints are related to the fact that Mr. Kramer's refusal to listen to or respond to my needs initially and throughout the process despite my urging, begging, and reminding him that my time was limited, almost begging to see more properties and properties that I wanted to see sooner, his near adamant REFUSAL to work and play well with Guild Mortgage because he appeared simply to dislike the company and its employees (and on which he blamed the entire problem vebally and via email, included in the documents submitted), and primarily, Mr. Kramer's ASSUMPTION that I would somehow understand by osmosis, even though he did NOT tell me specifically verbally, by voicemail, or in written form that the sellers had refused to sign the extension that would have allowed me to complete the process for an FHA loan, based on a lie he told them apparently based on his either not having completed the conversation with Guild Mortgage (Adam Buninger) or having not heard clearly or understood the message in that conversation that at that time, while I did not qualify for a CHFA loan (which was no surprise) that I DID qualify for an FHA loan with modifications which I was actively pursuing. According the seller agent, in a conversation I had with her after I had ended my relationship with Mr. Kramer and Bray Real Estate, Mr. Kramer clearly told her and the sellers personally that I did not qualify for ANY loan which was NOT true; I did qualify for an FHA loan with modification which I was pursuing when discovered that the sellers had not signed the extension, on the apparent advice of Mr. Kramer. Further, when I attempted to place a new contract on the same property with the seller agent directly, the sellers indicated that they would be happy to sign a new contract IF I went with a different lender specifically based on M. Kramer’s having explicitly told them that Guild Mortgage were at fault for the failed contract, which was not even close to true. Finally, the loss of this contract, based on Mr. Kramer’s bad faith, misunderstanding, or outright lies, put me in a situation that snowballed out of control, leaving me homeless, unemployed, and close to indigent.

  • Mar 21, 2014, Claiming party added:
  • Dear Mr. Bray and Mr. Kramer,
    I am writing this as a final plea for you to reconsider providing some kind of compensation for the calamity I have suffered as a direct result of Mr. Kramer’s indifference to and rejection of my needs while he was engaged as a buyer agent in my quest to purchase a home and which was the catalyst for a number of cascading difficulties which followed: the Colorado Real Estate Commission to which I submitted a formal complaint held that “there was not enough evidence” to determine whether or not there was any wrongdoing, but conducted a cursory, shoddy investigation wherein none of those involved, including my lender and the seller agent who verified to me in a phone conversation that my claims were valid, were never contacted; I contacted the Governor’s office to request an appeal, but a minion referred me to legal aid, where the representative I talked to told me that since I am older than 60 my complaint does not fall under the “limited types of cases” for which their services are available; I contacted the Colorado Attorney General’s office which referred me (shunted me off) to the Better Business Bureau which does not pursue such cases, and a sincere attempt to get you to negotiate some kind of settlement using peopleclaim.com, which you rejected, essentially laughing in the face of my attempt to find some kind of justice or at least some means of surviving until I could find work; I used peopleclaim.com because I could not afford an attorney, but discovered that even if I had the money, there is not attorney in the state that would pursue such a case because Colorado real estate law is so paltry and weak that beyond using the correct forms and prescribed time limitations, there are no sanctions to control bad behavior that harms a client if that behavior does not involve egregious financial fraud; there is no option under state law to appeal a decision of the real estate commission, and even if there were some possibility of a solid claim, no attorney would pursue a case against individuals or firms as influential as yourselves. I have shared a copy of my complaint with the Mesa County District Attorney consumer complaint division, knowing that nothing can or will be done based on the aforesaid information and lack of protection provided by Colorado law. I have sent letters to all my state and federal representatives, both in Clear Creek County where I lived while semi-homeless and Mesa County and have not received any kind of reply. I have tried every option available to me in an attempt to retrieve at least a portion of what I lost in this unfortunate transaction. No one should end up homeless and unemployed because she/he trusted a licensed real estate agent to work on her/his behalf, especially when that agent seemingly chose to act in bad faith based on his personal feud with my lender.
    I have been told several times—by my family who are all now estranged, by a psychologist from whom I sought help in my struggle, by attorneys with whom I have talked, by the representative of the Colorado Real Estate Commission, and by several others--that this debacle MUST have been my fault. I have searched my memory and my soul in an attempt to discover what, exactly, I did, that could have caused the outcome I received. I accept responsibility for the facts that (1) I did not end my transaction relationship with Mr. Kramer sooner when he did not immediately perform as I asked and expected, (2) I trusted him, even after struggling with him, to represent my interests in the transaction, (3) I allowed the transaction relationship to continue because I was running out of time and money and did not want to establish a relationship with yet another agent (Mr. Kramer was the second I had tried since the first indicated he did not have time to pursue such a small sale) despite the fact that Mr. Kramer was disorganized, inconsistent, set in his ways (which I found unacceptable), stalled the search process based on his belief that his knowledge was superior to my own, and has what I now know to be a reputation among other real estate professionals as “difficult to work with” bordering on and/or including irascible.
    In rejecting my peoplesoft.com claim, you claimed your “surprise” of my continued efforts for justice that you had been “exonerated” of the charges I had made; it is important to note here that (1) the so-called “investigation” did not address any my very specific claims (which are ethically rather than legally based) regarding the actual behavior that caused severe damage in my life but focused ONLY on my request for termination of the buyer agreement and the return of my earnest money WHICH I WAS NOT DISPUTING, and which were taken care of promptly; (2) that the dismissal of my claim is/was invalid, (3) that despite lack of law to support a claim, I was nevertheless severely damaged and continue to suffer based on Mr. Kramer’s behavior and still have basis for a claim and/or right to some compensation, at the very least the year’s salary lost due directly to the results of Mr. Kramer’s behavior.
    In the meantime, while I have returned to Grand Junction, I have been unable to find work; my extended unemployment benefits were eliminated by Congress, and although I collect Social Security benefits, that is not enough to survive; that barely covers my rent. My automobile will be repossessed early next week, and given expenses related to my move here, I do not have funds available to pay my April rent. My lowest, most shameful and discouraging moment in this debacle came when, despite having worked, been productive, and paid taxes since age 16 (1967 or thereabout), I decided I had to apply for food stamps to survive. There is no shame in being poor or in asking for help, but I should never have found myself in this situation. I had a job, albeit meager, and I qualified, based on my limited income, to purchase a modest home, yet I expect worse difficulties may lurk.
    I am well aware that I have lost this fight, that this final plea will go nowhere, laughed off and rejected as before; however, I am using this final opportunity to stand up for my own rights and survival—and the rights of others who have been similarly treated with the same or worse unfortunate results. Please do not contact me directly should you have a response; please respond using either my claim at peopleclaim.com or have your representative contact me.
    Sincerely,

    Karen Grossaint

    Cc: Grand Junction Daily Sentinel, Denver Post, Westword, KKCO, KREX, KJCT, KUSA, KMGH, CBS Denver, KDVR, KMGH, CPR

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What Claimant Wants Hide
1. Compensation: lost wages for job I had to leave due to homelessness resulting from Kramer's negligence Feb 28, 2014 $25,000.00
2. Compensation: Montly expenses (including rent I would have paid or montly mortgage costs), penalties, interest, and fees on late payments (primarily paid by relatives). Feb 28, 2014 $20,000.00
3. Compensation: Amount I'd have received for unemployment benefits had my claim of homelessness not been deemed a Feb 28, 2014 $5,000.00
4. Compensation: damage to my personal and professional reputation, credit score, and future potential work opportunites related to this incident Feb 28, 2014 $10,000.00
5. Compensation: The cost of the property I was unable to purchase based on the loss of the purchase and Kramer's negligence Feb 28, 2014 $110,000.00
6. Compensation: Loss of regular and planned health and wellness assistance and delay to educational pursuits underway Feb 28, 2014 $10,000.00
7. Other – Copy claim to regulators Feb 28, 2014 $14.99
8. Other – Pay for claim posting cost Feb 28, 2014 $7.99
9. Other – Physical delivery charges Feb 28, 2014 $2.99
Cash total : $180,025.97
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with no explanation. This claim will remain posted until resolved.
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