Public Mediation

James Ethan Real Estate and Property Management Brian Holman-Dispute-#8251301

Ji vs. Brian Holman
506 S. Main St. #305, Bountiful, Utah, 84010, United States
Amount Involved: $23,050.00
    • 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: Brian Holman
    • Claimant Seeks: View.
    • Claim #: 8251301
    • Amount Involved: 23,050.00
    • Filed On: Oct 10, 2012
    • Posted On: Oct 21, 2012
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Contract / Agreement / Promise dispute
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Statement of Claim
Complaints Involved (7) - View
Claimant says:
"He was my property manager for two years. Did NOT inform my tennants that my home was available to purchase-lost sale because they they thought that we were moving back and bought another in Bountiful. Did not get informed that the tennants were leaving the end of August until a neighbor told me. I had emailed him in July asking what the tennants plans were and what the homes in the area were selling for - with absolutely no response. Several messages left with NO response. Damages to the home that I was never informed of. Broke our signed agreement as a property manager and owner of the leased property. Had spoken to him about becoming my realtor and he never got me some comparables to determine what the home is worth. Treated me and my husband with total disrespect and was not willing to take responsibility for his actions in regards to our agreement and how it was handled.
a. Did not inform me of any damages
b. Lost a potential buyer for my home AND the tennants had given him several names of people that were interested in leasing my home. He never called them to follow through.
c. Did not inform me that they were leaving and had done nothing to try to re-lease the entire month of August
d. Would not return any of my calls to answer my questions. Did not get me comparables as discussed. When I did get to ask about the comparable, he informed me that he was really busy doing his accounting and would get to it. I finally had to have my sister talk to a realtor friend to get some comparables, because I needed to make a decision quickly. HE claims that my sister was involved long before and so it wasn't worth his time!
e. Did not respond to my email in JULY asking about my tennants when the lease was up the end of August. They would have had to have given him at least 30 days notice!
f. Only the office girl who would talk to me, but had no information in regards to my property. HE ADMITTED that she had misinformed me, and it was not his responsibility to make it right.
g. My home is now sitting empty with no income to pay my mortgage, which is putting us in a financial nightmare."
...
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Exhibits View
Additional Communication Between Claimant and Brian Holman Hide
  • Oct 19, 2012, Claiming party added:

  • Not only do you not have all of the facts listed correctly, I sent you the email Aug. 8 that you would be no longer needed when the tennants left. Please read the following email to refresh your mind:
    August 10, 2012

    To: Brian Holman
    James Ethan Property Management


    Dear Brian,

    As of September 1, 2012 I will no longer be needing your property management services for my property on 404 West 1500 South, Bountiful, UT. With the permission of the tenants, my sister will be putting a "For Lease or Sale" sign in the yard as soon as possible.

    Please let me know what final arrangements will be required.

    Thanks for your help,

    Jill Wheeler

    You were still the property manager through August. What about my email on the "communication post" on your website sent in July with me asking you what the tennant plans are and are they going to be releasing and me asking you also about possibly selling the property? Why did I have to hear about my tennants moving from a friend in the neighorhood and not from the "property manager"? They had given you notice and a sign "for lease" should have already been put up...isn't than "managing" my property? Again with that "communication" sent in July- why then didn't I get a response of any kind about releasing or selling?

    I'm sorry, but that left my house empty because you "dropped the ball" by not communicating with me. Also by not getting a sign out the 1st of August, and CERTAINLY by not letting me know about my tennants moving out when you found out.

    After the tennants had moved out and you finally got the nerve to call me, after having SEVERAL conversations with your office help, all I really wanted was for you to ADMIT that you "dropped the ball". Your indifference and lack of taking ANY responsibility has led to this. I had just wanted an appology...but now. I will be using any avenue I can find to let others know that YOUR company does NOT take care of the owners PAYING you to take care of things.

  • Oct 22, 2012, Claiming party added:

  • Here is the documentation that I emailed them on July 13, 2012 asking what the tennants are planning on doing. It also documents that I asked about putting the house up for sale at that time.

What Claimant Wants Hide
1. Compensation: Tennants did not take care of the yard / tree infested / grass infected / tennants turned the automatic sprinklers off Oct 25, 2012 $500.00
2. Damages: Shower door Oct 25, 2012 $50.00
3. Recovery of Losses: Metal arbor and vines Oct 25, 2012 $500.00
4. Refund: For lost sale and loss of 1 yr. tennant Oct 25, 2012 $21,000.00
5. Pay me for my time: The many calls to no avail and having to get my sister involved Oct 25, 2012 $1,000.00
Cash total : $23,050.00
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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

    "As indicated through previous communications I've had with the owner, we do not believe that we breached the management agreement in any way. We were not obligated by our agreement to communicate to the tenants the owner's intent to sell the property. The owner gave us notice on August 4th of her intent to cancel the contract at the end of August and to sell the property. Her new representative (her sister) had plenty of time to find a new tenant or market the property. We cannot be held responsible after-the-fact for her sister doing a poor job marketing the property for sale or lease. Had the owner not terminated the management agreement, we would have continued marketing the property to find another qualified tenant.

    The landscaping did not show signs of damage. In fact, this is the first time this claim has been raised. I personally drove by the property multiple times each month because I live nearby, and never saw any indication of damage to the landscaping. The owner has never provided us any proof to indicate otherwise, such as pictures or documentation from an appropriately experienced/trained landscaper. Furthermore, if the landscaping were damaged as claimed, we would not be the appropriate party to pursue; the tenant's would be responsible. To restate, we don't believe the landscaping was damaged upon the tenant vacating the property or the termination of our management agreement.

    Our maintenance technician inspected the shower door and determined that the door was out of square because of settling/shifting of the house. Neither us or the tenants are responsible for such an occurance. I advised the owner, if she so believed the tenant damaged the shower door, to pursue the tenants for payment. I also told her that, in my opinion, it was not appropriate to do so.

    The metal arbor (similar construction to outdoor dining canopies available for purchase from Home Depot and other retailers) and vines were destroyed by a severe windstorm on December 1, 2011. In previous communications with the owner, she has said she did not know about the damage. However, during the 2 years we managed the property, she had access through her online account to see notes about any expenses. One of the expenses was for the removal of the wind-damaged metal arbor. We were not contractually obligated to provide further communication regarding repairs. It is not our fault that the owner did not look at the report details during the months since the repairs were made available to her.

    To be entitled to "pay me for my time", it would have to be spelled out in our contract. It is not. Otherwise, I would argue that we have a claim for my time having to defend false claims against my company.

    The owner believes we should have provided more service than she agreed to in the contract. For example, the owner felt we should have provided her comparable sales, so she could determine whether to sell her property. We had no contractual obligation to do so. The bottom-line is that we provided the services outlined in our contract. "

This claim will remain posted until resolved.

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  • Contributed Solution: by Mr Keith Wheeler On 04-20-2015
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If you are a party to this claim, click here.
Is this a fair resolution?
  • Comment: by julievanschelt — Online mediator
    • On: 11-29-2012
    View more
  • James Ethan needs to pay up and give the claimant what they want. They are the most unprofessional company I have ever dealt with. We ourselves have major issues with them. They also withheld quite a bit of money from us.
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