Randy Bettens, Century 21 — misrepresentation, discrimination
Upon arriving in Winnipeg to relocate, I viewed a home for rent by realtor Randy Bettens, Century 21.
Mr Bettens as well as a realtor, is also the owner of this home, and claims to have lived there.
Mr Bettens continually represented himself to me as a realtor, and it is and was my understanding he was renting this home in the capacity of realtor. This is a normal procedure in my province, and in every sentence Mr Bettens reminded me of his capacity as realtor at Century 21. Papers were meant to be completed and signed at his office at Century 21. It is now clear that this was his first act of misrepresentation.
I viewed the home on two occasions, at which time the home was dry. It was also occupied by tenants at that time.
I asked pertinent questions about water infiltration and mould in the home, I wished to rent a dry healthy home, not one that is mouldy, or has a water or condensation problem.
Mr Bettens assured me there had never been a leak in the home, and there were no water or condensation problems.
A witness came with me to view this home, who overheard the conversation with Mr Bettens, and viewed the home and its’ condition upon renting.
Based on location, I decided to rent this home.
Mr Bettens has a habit of misrepresenting certain facts, for example, in stating the home would be available August 24 (it was available August 29). I required the home August 24.
One of my stipulations in renting was that he clean the air ducts in the home, to which he agreed. This task was not carried out by Mr Bettens.
Mr Bettens also agreed to fix the missing concrete step at the front entrance as it is a trip hazard, and too steep a step on the bottom. He stated he would lay blocks there to make it easy to move in, he did not.
In other words, he has a habit of lying.
Notwithstanding his usual fabrications, I rented this home expecting it was a healthy suitable home, and waited to move in for approximately 3 weeks.
The lease was signed approximately August 20, at Mr Bettens insistence, and he was paid a damage deposit of 787.50 as well as September rent of 1575.00 in advance, by cash.
To date, he has not provided a receipt for damage deposit, (just for September rent), although I have asked.
He has also been given post- dated cheques for October-September, no receipt forwarded to me or record of his receipt of these cheques.
At the time of taking the keys from Mr Bettens on August 31 2013, he revealed for the first time that he keeps a sump pump in the basement, which drains water from under the house and it “waters the grass” in the back yard. Lease was signed, money exchanged hands, but this was not revealed to me at any prior time, for which I have a witness.
At this time, an overflow or back up surrounding the downstairs toilet was also visible, but hidden on past showings.
On that day August 31 2013, there was a slight air quality problem in his house, I decided to vacuum and investigate further the next day, as the move out of his previous tenants or his negligence in not cleaning the air ducts could have been the cause.
On September 1, 2013, after a damp night, Mr Bettens’ home when I arrived smelled of mould. It smelled wet. The air was noticeably damp, in sum the house had mould in the air. This mould originates in the basement. Moisture must move from the ground up in his house when conditions are prime. The basement was unmistakably damp and wet, and odorous. With the discovery of an odour absorbing baking soda in the area, Mr Bettens must be aware of this problem.
He was told I have an allergy to mould, he was asked about water intrusion or water/condensation problems and he failed to reveal the existence or need for a sump pump and a problem with water/condensation in his basement.
Two witnesses came by that day to ascertain the dampness in his home.
This mould was not apparent on the two earlier visits, and information about was not revealed to me.
Mr Bettens had lived in the home, owns the home, and failed to give me this information until all was signed and sealed.
Mr Bettens in sum, rented to me under false pretenses, with negligent misrepresentation of fact, by lying.
The result of this is that I do not have another rental, will now pay storage of goods, have lost the cost of a moving truck, ( booked and paid for), and so on! He has $2387.50 which I require immediately to secure another rental. He has refused to return it.
On Monday September 2 I spoke with the broker of Century 21, Joe Michno. Mr Michno denied any relation to his real estate firm of this transaction, and cut me off before I could explain that Mr Bettens represented himself to me as a realtor. He did say he would talk to Mr Bettens and urge him to settle the matter.
I told the broker during that call that I had a party interested in subletting from me and had set up an appointment to view the home that evening, in an attempt to mitigate the situation.
Upon arriving on that evening at 7 p.m. to 8 Highbury, Mr Bettens was in the house (without my permission or 24 hours notice to enter) and had already showed the home to the prospective renter I had arranged myself to meet there. He told this person to deal only with him, not me, although I was subletting and brought the tenant to be there, and told the prospective tenant to call him the next day. He also stated he had dropped the rent to get it rented. He had sprayed the home with an air freshener.
I immediately returned home to call the broker who was the only person aware that I was showing the home that evening, and the broker was rude to me and hung up in my ear. I repeat that the broker failed to realize and failed to care that his agent had represented himself as a member of his firm in order to rent this property under false pretenses to me.
To date, September 6 2013, I have not heard from Mr. Bettens nor has my money been returned to me. He has refused.
I have checked Kijiji which is his avenue for advertising his home for rent, and he has not run an ad there, although he stated to me September 2 that he has an ad up and running. There is no ad run by Mr. Bettens.
I require an IMMEDIATE REFUND of $2387.50 paid Mr Bettens for his mouldy house.
1. This behaviour I find to be unacceptable. Taking advantage of a new person in town, offering a home without any regard for it’s suitability to the tenant, and lying about it’s condition is a shameful way to do business as a realtor, and a sour welcome to Winnipeg.
On visits to collect my mail at that address, I have viewed locks being changed/fixed, and exterior work being done. I see no move to rent this home for September.