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Shear Realty / Terrible experience

1 United States Review updated:
Contact information:

The realty involved is Shear Realty, 4634 Phelan Road, Suite F, Phelan, CA, 92371.The two agents involved are Nancy E. French and Sandi Hemingway. These two agents misled and misrepresented a home in Victorville, California, 9626 Goss Rd.

The two agents involved clearly, misrepresented the house to us.

I cannot believe how horrible this realty not only did they hide the unpermitted bedrooms (2 bedrooms), a breezeway, and a patio, along with a major 220 volt electrical problem and double tapped wire in some circuit breakers. They also infringed on my right, as buyer to have a home inspection done on the property. Sandi Hemingway was angry when I asked about getting a home inspection in one email she said, " It is late in the purchase to continue to ask for repairs and question the condition of the home." Isn't a buyers right to ask question about what they are buying, anyways we went ahead and continued to get a home inspection, although Sandi opposed the decision. What we found was that the electricity was double tapped (two wires in one circuit breaker) and had to be fixed. What the inspector did not find was that the breezeway and patio cover and two rooms were unpermitted. The county went to permit the panel upgrade and did an initial inspection they found that the patio, breezeway, and two bedrooms (garage converted) were unpermitted. It is a realtor's job to display and present a property with all the pertinent facts.

Sandi Hemingway also said “The bank has never lived in or has no knowledge of the property. They acquired it by foreclosure and are exempt from many of their disclosure requirements because of this process." Our Reo Advisory states (read the REO Advisory: Section Requirements: Number 1)

Disclosures: Seller is not exempt from common law and statutory duties concerning fraud and deceit, even though the specific TDS Form is not required to be completed. Seller remains obligated to disclose know material facts affecting the value and desirability of the property.

Even the county said if we buy this property we would have to go to court. And they are prepared to fine us as soon as the title is transferred to our name. I truly hope someone can stop them from doing this to another customer; this is one of the largest frauds I have dealt with. And they must have done this to several other customers too. I wonder how many other innocent home buyers were stuck with a property that was misrepresented of damages and are now foreclosed living on the street. It looks like the news is unfairly targeting the banks, when it's really realtors and real estate agents, like Nancy E. French and Sandy Hemingway, who caused this housing mess to occur. If I ended up spending another 100, 000 on this property I will next in line to foreclosure stamped on my head.

Also the realty picked the escrow company, Mara Escrow of Westlake Village, and this escrow is stopping the return of my down payment. (Which in any they are not legally allow or entitled to keep it) Mara escrow is saying that the selling agent is not releasing the funds (I thoughts escrows are neutral parties.) But since the seller chose their favorite escrow company the company defends the realty.

I have spent $1250 in attorney fees.

Am
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Comments

  • Sh
      22nd of Jan, 2009
    0 Votes

    This real estate company is the best in the High Desert. They have always been known to operate with fairness and honesty, with unmatched ethical practices at all times. This reporting person is having a difficult time taking blame for their lack of discovery and timeliness. It is much easier for this person to place blame on others who only do business with skill and care.

  • Sh
      22nd of Jan, 2009
    +1 Votes

    The buyer in this case has obviously stretched the truth. Why in the world would this reputable Company and the two agents named specifically ever risk their ethics and license as fabricated in the sore complaint. Any sensible person can see through the dialogue, especially the thousands of people who have dealt with Shear Realty for over 30 years. They have a flawless record and are the largest producing Company in the High Desert. You do not accumulate this reputation without earning the trust and confidence in your business. It is unfortunate that this person has twisted this experience onto the wrong party. Keep up the good work Shear Realty!

  • Sh
      8th of Feb, 2009
    -2 Votes

    Thank you for setting the record straight. Anybody can see through this complaint and realize this complainer has a habit of stretching the truth and blames whomever happens to be available. Complainer has poor grammar and spelling, and is not understanding of the way real estate transactions work these days. Look out for this person...

  • Ml
      8th of Feb, 2009
    -1 Votes

    To the buyer:
    It's only fraud if they know in fact that there were no permits and did not disclose this. What many people don't realize is the bank is required to disclose next to nothing. Think about it and it makes sense; what could an owner who has never lived in the home, never done any inspections aside from the appraisal and termite inspection done at the time of the loan nor received any disclosures when the property was acquired be able to tell you about the property? Not much. As a buyer you are allowed to do any inspections you deem necessary granted they do not cause harm to the property however in order to receive your deposit back you need to cancel your escrow before the inspection period expires. If you find you need more time you should obtain an extension (in writing). You can't expect to get through 28 days of escrow change your mind and expect your money back unless your purchase contract supports that decision. Regarding the permits: On a bank owned property that is definitely something that is a part of your own due diligence. As a rule the agents information is limited to what they themselves observe on the property and what their client shares with them. Some agents go the extra mile and research potential permit issues up front to avoid problems with the buyers lender however they usually only do this when there is something about the property that suggests a problem. The bottom line is a good realtor can be of tremendous assistance when guiding you through the purchase (or sale) of a property but you still need to be an active participant in the inspection and research phase of the transaction.
    FYI: The bank is required to disclose some of the information that is available thru a Natural Hazard Report. They are also subject to the Water Heater bracing, lead paint and Smoke Alarm requirements.

  • Ma
      19th of Feb, 2009
    -1 Votes

    This initial Buyer complaint is typical for someone searching for a blame to their own indecisions. Thank you for further explanation and clarity of the transaction. People should stop trying to act as victims and take responsibility for their own wrong doings and/or shortcomings. It is unrealistic to think that these two Realtor agents are the cause of the entire banking industry failures and Wall Street meltdown. What a laughable thought! This complaining Buyers should stay away from real estate and stick to trying to buy the right tomatoes at the supermarket. Thank goodness for Realtor professionals.

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