Masters Real Estate Service, Inc.

Failure to refund Binder FeeWhen I went into the office on Nov. 15th, 2013 to apply for a home they, I was educated that it would be best to place a binder fee(1/2 rental payment=$425.00) on home because it was due to have a showing, and it would guarantee me to get the home if I was approved. I verbally questioned the binder fee multiple times if it would be refunded if I chose not to get the house as well questioning the gas heating/water heater in the home, due to having an active application with another company. I was told each time yes when I questioned them. I left got the binder fee in cashiers check and gave it to them with the clear understanding that it would be returned if I didn't move into the home. Upon getting an approval call in which I missed I called back due to an e-mail stating that I was approved. I then let [redacted] know that I was still awaiting approval on another residence and would make my final decision accordingly and would come in and sign a lead on Nov. 27th, 2013 if I did accept the offer. On Thursday Nov. 21st I e-mailed [redacted], and I called the office speaking with accounting to inform them I would like to pick up the cashiers check because I was going to decline the offer at this time. Then I was told that the amount was non-refundable over the phone, as well received an e-mail apologizing that I misunderstood and that they don't "recall" telling me what I was told in the office that day. Desired SettlementI would like my cashiers check for $425 in whole or to make a settlement for the prorated rental charges for the home from Nov. 15th-Nov. 21st when I called totaling a refund amount of $227.Business Response /[redacted]/I personally showed this property to prospect on November 7. I told her about the gas heat. I also made an appointment with her to show her another property that was all electric. I gave her an application and went over it with her pointing out the portion about the one half months rent as a binder. I encouraged her to go down the street and look at a new upgraded city park before she left the area. As I was leaving the property, she came back by after going by the park and said she thought she would be interested in the house because she loved the park. She also cancelled the appointment we had made to see the other home. She said it would be the next Friday before she had the money for the application and Binder. Sure enough on November 15 she came in with application. We again went over the binder and how we could not take the home off the market without the binder. I told her we could go ahead and process her application with the application fee but we could not guarantee she would get the home because some one else could come in with the binder. She decide she wanted to leave the binder and left the office to go get the money. When she returned with the money she gave it to my office manager and we began the application process. Our agreement at that point was that the binder would be returned if her application was denied. there was no mention of another house or application. During the application process I had to speak with prospect a couple of times before approval. I called her to let her know she had been approved to move in. Her first response was great. She then said something like had another application out but you have approved me first and I will follow through with this house. She agreed to a November 27 move in but was to call me back with a time to sign her lease. this was the first mention of another house or application and her agreement to go ahead and move in made her binder retained by the owner as liquidated damages for holding the home off the market. We took the house off the market on November 15, pulling down all advertisement. We did not show the home again until December 2. We did receive an email and a visit to the office from prospect telling us she had changed her mind and wanted to move into another property. I explained our agreement again and told her we would be glad to hold the home open until November 27 as we had agreed. She did come by the office to retrieve a blank copy of the lese to see what she had signed.I personal pointed out the binder explanation on the application at least twice, once at the original showing and once when she came into the office to bring her application. I do not recall any questions from her regarding a refund. I am attaching a copy of the agreement she signed. We kept our agreement with the prospect.Final Consumer Response /[redacted]/I would have to disagree with some of this message that was sent back, it was never taken off the market as I re-visited the site many times to ensure it was when it wasn't even after her call of approval. Also, when we were at the house yes she mentioned gas but she wasn't sure what was gas because on the day I was in the office she had to call and ask her husband what was gas in the home. She didn't point out the binder was non refundable at the time of the showing, yet she did mention that it was to hold the home. Also, when I came in and I was looking for the application to fill out I clearly told her daughter that I have all these other applications, I just left some where filling out an application on a home and I wanted to do to to ensure I get one or the other, so her daughter"office manager" was fully aware as to that is who I had my in office interactions with she was in her cubicle and popped out once with a young child in a walker. This message is full of sugar coated accusations, it has lots of half truths within. Final Business Response /[redacted]/Before responding, I spoke with our office manager to get her input. During the showing I told her the house was heated with gas. Her question at time of application was about the water heater which I did call to verify for her. It was clarified before she turned in the application and binder. At the showing I did explain the binder and I always turn the application over and point to where it is explained in writing so if the prospect doesn't clearly hear what I say they can read it before they sign it. It is unfortunate that she was not clear before she signed and gave us her binder but I stand with our original statement that we did our part and kept our agreement.