Homepath & Don Blair Real Estate Mortgage Co / Failure to execute ARMS LENGTH TRANSACTION
Several months ago, I noticed a newer home listed for sale as a foreclosure in our neighborhood.. It appeared to be in good condition, and I began to keep an eye on it, as I had other such homes in the neighborhood. Shortly after first observing this home
for sale, the sign disappeared, and I assumed that it had been sold. Approximately 2 months or more later, I passed by it, ( as I had many times before) on a walk, and the sign was up again. This happened several times. I was genuinely surprised, and then decided to contact the local realtor who was the listing agent for HOME PATH. He was not very eager to show the home, which put me off somewhat & made me somewhat suspicious, and insisted on knowing whether I was REALLY interested in purchasing it or "just wanted to look at it." I assured him, that my husband and I were very interested in a possible purchase. We made arrangements to meet him on the weekend- he did not seem to be very available during the week. We looked at the house and really liked it. The realtor's attitude really threw us for a loop though. He couldn't have been more DISINTERESTED in us or the sale of that home. He did not even bring the key, or whatever it was that we needed to have access to the space under the house so that my husband could look at the heating system etc, for any evidense of leakage, etc. under the house. He knew absolutely NOTHING about the home, and when I originally called him, did not even know that there was a window air unit in the bonus room. UH how can you not know this about a realtively new, 2550 sq ft house in a nice neighborhood that you are selling? A window unit in a house like that is quite unusual and stands out like a sore thumb. It was highly visible from the back and side of the house. He did not even KNOW it had a window unit. His peculiar behavior led us to believe that we were just wasting his time, and either he was hiding something really important about this house, or could just care less about selling it. The for sale sign was laying down in the yard on several occasions, and on one occasion, it appeared as if someone had hidden it on the side of the house, face down. After he showed us the house, and we expressed sincere interest, we left before he did. We drove around the block, and saw him pulling away, and once again, the sign was gone. He took the for sale sign with him!!! We were still perplexed at that, but tried to contact him later in the week, and could not find his card. The sign did not appear back on the property again. 6 days later, my husband found his name on line, called him about the property & asked him why he took the sign down! He said it was broken & he was going to replace it. He did NOT replace the sign. In fact, as I mentioned, this was NOT the first time that sign just disappeared. It just so happened that the day my husband called him, the price on the house had just decreased another 8 or 9 K. . This same realtor told my husband not to bother submitting a bid... the house would be sold over the weekend, since it had just gone down in price, there were a number of bidders. The sale of ANY home between a realtor and a buyer must be a fair and just sale, an "arms length transaction." I do not believe that taking the for sale sign down and NOT replacing it prior to the sale of the house is an honest transaction on the part of this realtor, and I think HOMEPATH should beware of the speciali interests and activities of their listing agents. This was dishonest and misleading and I am furious about this unsavory behavior. It's one thing to "watch" a house for someone & alert them of reductions in price, but to deliberately remove the sale sign on more than one occasion, to divert the attention of ALL interested perspective buyers is just outrageous conduct and should be sanctioned.