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Benchmark Real Estate / My real estate misrepresented property lines

1 United States

I purchased my first house one year ago from Benchmark Real Estate, Inc. in Lowell Arkansas. As a first-time home buyer, I hired a real estate agent employed by Benchmark to help me with all the details involved in finding and purchasing a home. The house in question is located in the rural community of Gravette, Arkansas. On the west side of the house is a fence which was erected by my neighbour. The east side of the house abuts an open lot with a gravel road running through the centre of it. The road leads to the neighbour who lives behind me. My agent stated the neighbour had purchased a portion the property from the previous owners of my house. Concerned about this information, I asked my agent if she had the most recent survey of the property. She stated she didn't know but she would find out. She called someone on her cell phone and after hanging up, she proceeded to point out and walk what she said was the east property line to my house. She noted the property line was approximately 15 to 20 feet from the east side of my house. My fiancée was present at the time and witness to what she said as she walked the east line. My agent, along with my fiancée returned for a second visit to the house. My agent again repeated and pointed out the east property line as being 15 to 20 feet from the side of the house. Satisfied with the information she supplied I purchased the house. Four months later I found out the neighbour who lives behind me property line runs three feet from the east side of my house. I called my agent and explained what was going on. She said she would speak with the seller's agent and call me back.

I never heard from her again. I e-mailed her broker and lodged a complaint against my agent and the seller's agent for misrepresentation of property. The broker ignored my e-mail. I then sent a certified letter to the broker, lodging the same complaint against the two agents. The broker made no attempt to contact me in order to discuss my complaint. I retained the services of an attorney. My attorney sent a letter to my agent asking that we all sit down and discuss the issue. She and her broker ignored his request to meet and try to resolve the issue of misrepresentation. When it became clear the real estate broker and his agent were not going to communicate I filed a lawsuit. My agent claims she never pointed out or discussed the east property line. She is lying. I have a witness, she does not. The situation has caused me so much emotional distress that my chest tightens every time I'm inside the house. I've even had panic attacks while in the house. I spend very little time in what was to be my dream home. With my neighbour’s property line running three feet up to the side of my house I know I have very little chance of finding a buyer. I am disappointed that my agent would not only misrepresent the property line, but then lie about never discussing the boundaries. I believed she was dealing honestly and fairly with me. I am also disappointed her broker would choose to ignore a customer's complaint. An innocent person would be eager to address a complaint before it became a much larger issue. A guilty person will remain silent. Each day I have the hope my agent will come forward and tell the truth about misrepresenting the property line.

I want her to step up to the plate, show some character and admit she lied. If you are thinking about purchasing a home I would recommend you carefully choose an agent. They are not at all ethical.


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