Public Mediation

Michael Flynn vs. Powell & Associates Real Estate Llc, Punxsutawney, Pa 15767, 814-938-3031

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M. F. vs. Powell & Associates Real Estate Llc - Punxsutawney, Pa
200 E Mahoning St Ste 3, Punxsutawney, Pennsylvania, 15767-2045, 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.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 1400167
    • Amount Involved: 19,739.96
    • Filed On: Nov 07, 2017
    • Posted On: Nov 27, 2017
    • Complaint(s):
      • Bad business practices
      • Commercial / Other dispute
  • Notice: Sent by USPS certified mail # 9414811899560893735613
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Statement of Claim
Claimant says:
"On Juy 21, 2017 we closed & purchased a home at 909 E. Mahoning St. Punxsutawney, PA 15767. Prior to putting a contract on this house we inspected it and found it in very good condition and the basement was cool, dry and smelled very nice. 3 Weeks later on our move on 8/1/2017 we found the house smelled very bad and the walls in the basement were spotted with mold and moisture. The seller, Jeffery and Myrna Jennings, current address 120 Bair Road, Punxsutawney, PA 15767, had painted the basement walls several times with regular paint, including the floors, except where they had placed carpeting that hide the asbestos tiling. He also ran a dehumidifier which we found in the home photos, and was not there upon inspection of home. The basement was full of mold and was submitting this into the ventilation system into the second floor. My spouse has asthma and is allergic to molds. The broker, Powell & Associates Real Estate LLC, 814-938-3031 and their listing agent, Kathy Bouch 814-590-1390 helped set up this house as move-in ready. We found out later that many potetential buyers walked away from this property. My complaint is that the broker, listing agent and the seller knew of the hazards in this basement and covered up everything to make look, smell and feel it was move-in ready. We have spent over $15,000.00 to date to correct and update the furnace, total revamp of the ventilation system, installing a french drain in the basement with a sump pump, installing a state-of-the-art purification system on the furnace for my spouses breathing problems and pulled out all ceiling tiles and sheet rock on the ceilings which revealed much mold. We had a company come in and spray the basement walls and ceilings with a very strong substance to kill mold. We have spent a total of 8 days away from this house while the contractors were repairing and working in the basement. In addition, the sales contract, listing agent and seller relayed and declared wood flooring under the carpeting, since my wife cannot be around carpeting. One room had wood flooring and the dining room and living room and hallway had particle board under carpet and therefore could not be sanded. We have to purchase wood flooring to be installed by the contractor rather than sanding.
This has been a drain on our financial position and we are both on Social Security. We want compensation for our losses. Not only did the seller lie on the listing and seller's property disclosure Statement, but was supported by the listing agent and broker."
Reply Have a similar problem?
  • 07-21-2017 — Home purchase
  • 07-22-2017 — Contractor and I found no orginal wood flooring
  • 08-01-2017 — Moved in and found mold, moisture and stains
  • 12-06-2017 — Received email from Matthew Smith attorney representing Powell & Asociates
  • 12-08-2017 — Email Reply to Attorney Smith indicating would tlk by phone
  • 03-08-2018 — Received Email from attorney for Powell & Associates offering $1,500.00 for settlement. Have replied back since our costs have risen since the claim was filed.
  • 12-08-2017 — Correction-I replied we would not talk to him by phone
  • 03-15-2018 — Filed claim with PA Dept of Elderly Affairs. Do not suspect they will be much help
  • 03-15-2018 — Was informed by the County DA's office that I should file claim with the Punxsutawney Police. Filed claim for fraud and the Police called me back next day and indicated this was a civil matter, not criminal.
Exhibits View
Additional Communication Between Claimant and Powell & Associates Real Estate Llc - Punxsutawney, Pa Hide
  • Mar 16, 2018, Claiming party added:
  • Total costs have not been received to make house livable. Attention to basement is needed and expense has not been received. Asbestos needs to be removed from basement and ceilings replaced, including paint sealant for walls and floor coverings.

  • Mar 16, 2018, Claiming party added:
  • This is the basement after three weeks moving in.

What Claimant Wants Hide
1. Damages: Cost of furnace repair, purification system and reventing of duct work Dec 15, 2017 $5,230.47
2. Damages: Mold spraying and basement french drain Dec 15, 2017 $7,580.00
3. Damages: Pro-Lab home safety test kits Dec 15, 2017 $80.00
4. Damages: Cost of debris removal Dec 15, 2017 $625.00
5. Damages: Wood flooring with installation Dec 15, 2017 $3,367.00
6. Damages: Hotel room(during mold spraying) Dec 15, 2017 $267.39
7. Damages: Cost to clean up-Service Master Dec 15, 2017 $90.10
8. Monetary items with amounts to be determined: Repairs to basement walls and floor estimate pending Dec 15, 2017 $2,500.00
9. Other – Physical delivery charges Dec 15, 2017 $11.99
Cash total : $19,751.95
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Respondent's Counteroffer

There has been no response to this claim from Powell & Associates Real Estate LLC - Punxsutawney, PA. This claim will remain posted until resolved
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  • Contributed Solution: by Keith Schulner On 12-23-2017
    Real estate agreements often have mediation and arbitration clauses in them. If the contract calls for mediation, both parties should agree to mediate. If there is no such clause or if mediation does not settle the matter and there is an arbitration clause, both parties should agree to arbitrate.
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Is this a fair resolution?
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  • Contributed Solution: by Susan Taylor On 11-29-2017
    Case for "intentional or fraudulent representation" may need to be pursued with attorney. If seller did cover up real problems and broker did know, would suggest fast settlement. More...
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