C 21 generated a great deal of interest in the property. Unfortunately this well-known giant real estate company also created vexing legal and strategic dilemmas for sellers. After the we signed a contract to sell the property to one of Ms. Garcia’s” investor friends”, she, without any authority, materially altered the terms of the contract, against our
interests. Ms. Garcia pressured and encouraged E. Jones to remove the underground heating oil tank. Of all the contracts that Ms. Garcia offered us, we signed the one that did not contain any clause mentioning the oil tank and/or inspecting the property for oil contamination. Ms. Garcia hounded Ermon K. Jones, whose wife was and still is very ill, to make major repairs to the property. My uncle removed the tank, without telling me or our attorney and before Ms. Garcia’s investor friend had paid the required deposit.
During a cold snap in February 2013 and while our attorney was trying to resolve the oil tank issues with the buyer’s attorney, Ms. Gracia instructed E. Jones to turn on the water. The house had been winterized before the weather turned cold. According to E. Jones Ms. Garcia told him that it was necessary to show the buyer that the water and plumbing was in working order. Yet, Ms. Garcia had observed in August 2012 that the plumbing was in working order. She could have given the buyer her certification that the plumbing was in good working order.
For many reasons, which need not be explored here, the elderly are very vulnerable They make excellent candidates for manipulation by unscrupulous individuals. There is no doubt in my mind that Ms. Garcia pressured and manipulated my uncle for the benefit of the buyer. Ms. Garcia should not have been speaking to E. Jones because she had asked for the sellers’ permission to represent the buyer. The we granted her wish. She switched sides for the sale and expected to continue to represent the sellers. As a result of this switch we decided to part ways with C-21’s agent if the deal fell apart, which it eventually did.
Ms. Garcia knew that she actions had violated certain professional canons. Because of her actions C-21’s relationship with the Jones brothers had been irrevocably damaged. C-21’s path of escape from its agent’s undoing was well lighted. Ms. Garcia asked to voluntarily withdraw C-21’s listing and we (happily) consented. She returned the keys to our attorney along with a copy of the listing’s withdrawal.
By this time we had lost all confidence in Ms. Garcia’s ability to protect our interests. More importantly; we never were comfortable with Ms. Garcia having unrestricted access to the property. I asked my uncle whether or not Ms. Garcia and her buyer ever re-entered the property to inspect the plumbing. He did not know nor could he confirm that the water had been turned on for Ms. Garcia. This mystery would later be partially resolved.
Signing Up with Weichert
Because of the advanced age of the sellers and the geographic location of their children it was decided that another real estate broker had to be hired. We needed to entrust the sale of 530 Myrtle Ave. to another broker.
We asked our friends and contacts to recommend a real estate broker. They gave us a number of referrals. I communicated with a few of the referrals. In my opinion they all offered similar services. In the end we decided to go with Weichert and its sales agent, Joyce Bishop. She impressed me with her friendliness and willingness to work with the sellers. Weichert, the company, did not impress me. I carefully read the company’s website before making the final decision. I made it clear to Ms. Bishop that we were going with Weichert only because of her involvement in the sale.
Before signing Weichert’s listing agreement Ms. Bishop and I discussed in detail the sellers’ experience with C-21. Ms. Bishop and I exchanged e-mails and spoke via the phone many times. She assured me that Weichert would handle the sale of 530 Myrtle Ave. in a professional and competent manner.