Public Mediation

PRESTIGE REALTY-Dispute-#3867278

J. W. vs. Prestige Realty
701 BLUFF CITY HIGHWAY, Bristol, Tennessee, 37620, 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: 1 non-monetary items.
    • Claim #: 3867278
    • Amount Involved: 1,000.00
    • Filed On: Dec 30, 2012
    • Posted On: Jan 27, 2013
    • Complaint(s):
      • Bad business practices
      • "I just feel ripped off."
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Statement of Claim
Claimant says:
"Consumer's Original Complaint :
Prestige Homes of Tri-Cities is a Real Estate Business. That took a deposit of $1000.00
Ms. Lindamoor took a deposit of $1000.00 on the assumption that if my Home Equity loan was not approved by a certain date it would be returned.
The contract expired on 25 Sept 2012,My loan was approved on 9 Oct 2012.After the contract expired I refused to do business with Ms.Lindamoor,and she refuses to return my deposit.How can I default on a expired contract?Ms.Lindamoor haressed me with threating e-mails,continous phone calls,Meddled into my business by many phone calls to Bank of America,phones calls to my family.This is not an exceptabe pratice and her rightn to do business as a Real Estate Agent should be suspended. I feel that she was trying to bully me into something that was beyond my control because of my age, health(100% disabled Veteran)and desire to settle my wife near family while I'm still alive.

Consumer's Desired Resolution:
$1000.00 and a apology from the company.A company repremand for Ms.Lindamoor

BBB Processing

11/28/2012 web BBB Complaint Received by BBB
11/28/2012 kf BBB Complaint Validated by BBB Operator
11/28/2012 Otto EMAIL Send Acknowledgement to Consumer
11/28/2012 Otto MAIL Inform Business of Complaint
12/13/2012 kf BBB RECEIVE BUSINESS RESPONSE : Mr. Weaver did, in fact, default on a legally binding contract. The matter has been turned over to our attorney and we await direction from him.
12/13/2012 kf MAIL Forward Business Response to Consumer
12/14/2012 kf BBB RECEIVE BUSINESS RESPONSE : Mr. and Mrs. Weaver signed a legally binding contract to purchase a home on July 20, 2012. They disappeared and were incommunicado until Sept. 6, 2012 when they suddenly showed up in our office. The original contract had expired on August 17th, however they signed and extended a closing date for September 25, 2012. The Seller was gracious enough to extend the closing date for the Weaver's even though we had other interested parties. They promptly disappeared again and would not respond to emails or telephone calls. We did not hear from the Weavers again until November 2, 2012. By not closing on September 25, 2012 (the extended contract date) the Weavers automatically became in default. There were no threatening letters, only attempts to locate and communicate with the Weavers. The contract specifically states "Should Buyer default (which he did by not closing by the agreed upon date)hereunder, the Earnest Money shall be forfeited as damages to Seller and shall be applied as a credit against Seller's damages. It also states the Seller may elect to sue, in contract or tort, for additional damages or specific performance. The Weavers should have an attorney review the contract they signed for interpretation and explanation. The real estate agent involved with the transaction did not represent Mr. and Mrs. Weaver and performed her duties with all diligence and competence.
12/14/2012 kf EMAIL Forward Business Response to Consumer
12/17/2012 WEB BBB RECEIVED CONSUMER REBUTTAL : (The consumer indicated he/she DID NOT accept the response from the business.)
Not the truth!I don't know weither or not it occured to Ms. Lindamoor that we live in Cape Coral ,Fl.We don't dissappear and appear like magic,we travel back and forth to Bristol.We followed the contract to the letter.What part of it does she not understand? Contract EXPIRED ON 25th of SEPT,received loan on 8th of October.I smella law suite acommin'. We purchased a home thru them anyway,only thru an honest realtor.
12/17/2012 kf MAIL Forward Consumer Rebuttal to Business
12/26/2012 OttO BBB No Response from Business re: Consumer Rebuttal
12/27/2012 kf BBB Bureau Judged Complaint Resolved
12/27/2012 Otto EMAIL Inform Consumer - Case Closed AJR
12/27/2012 Otto MAIL Inform Business - Case Closed AJR
12/27/2012 Otto BBB Case Closed AJR"
Reply Have a similar problem?
Additional Communication Between Claimant and Prestige Realty Hide
  • Jan 16, 2013, Claiming party added:
  • Now the fun begins.Your next contact will be KK&C Attorneys of East Tn

What Claimant Wants Hide
What By When How Much
1. Attorney Fees & Damages Jan 31, 2013 N/A
1. Original Payment Jan 31, 2013 $1,000.00
Cash total : $1,000.00
Non-cash: 1 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from PRESTIGE REALTY. This claim will remain posted until resolved
Offer History
Jan 16, 2013
Claimant's Terms of Settlement to PRESTIGE REALTY
Jan 16, 2013
Claimant's Terms of Settlement to PRESTIGE REALTY
Dec 30, 2012
Claimant's Terms of Settlement to PRESTIGE REALTY
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  • Comment: by Jennifer Sheehy — Online mediator
  • On: 01-28-2013
  • Unfortunately, in this situation, you may want to speak to an attorney. Rules on good faith deposits and such can be extremely complex. In this situation, it does seem that the closing date as given by the contract and the extension had passed. In this situation, technically it is a default of the contract. However, there are provisions in place that the deposit cannot just go to the seller of the house. Here, you should talk to an attorney to know what rights you have to that deposit, and whether there is any agreements that can be made in regards to it.
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