This document is a formal complaint against the following: Marcus and Denise Parrish of Coral Shores RealtyCoral Shores RealtyRonald CikaAnd to a certain degree Watson and Osborne PA This document will contain the following subsections: * The undeniable facts of our experience* What has been done by the Parrish’s to try to sell our home* What we would like to resolve this issue* Our Opinions* Late Addendum The undeniable facts of our experience: As the title of this section implies, these are facts that can be documented with witnesses, phone logs, e-mail etc… While trying to sell our home by owner, over the period of several months, we received several answering machine messages (averaging maybe 1 every 3-5 weeks) from Marcus Parrish offering to list our house for us. After many months of ignoring these messages, we received an answering machine message from Denise Parrish. Upon returning her call, we were offered a limited listing agreement with 3 prospective buyers at a 3 % commission rate. After agreeing to the limited listed agreement with the 3 prospective buyers, our house was never shown to any of these so-called prospective buyers, and we were advised that it would be the same commission rate to list our house through Coral Shores Realty. We were never given an explanation (other than excuses) as to why the 3 prospective buyers never appeared, but agreed to list our house with them anyway. Our neighborhood association requires a very specific (dimensions colors etc...) and expensive sign to sell your home. Our sign, which cost us $94.00, was taken by Marcus Parrish and despite numerous requests by e-mail & voice mail, has still not been returned to us. The day that their sign was put up at our house, I asked where the flyers to put in our tube were. Denise said they don’t like to put flyers in tubes, they prefer people just call the number on the sign. We told her that we did not like this, because as prospective home buyers, we have done a lot of “house hunting” and even we will keep on driving by a home that does not have flyers in the tube. Denise reluctantly agreed to print up a small number of flyers. Note: Since those ran out, we have been forced to print our own flyers at our own cost. From the very beginning, Marcus and Denise Parrish were more interested in trying to get us to buy another home (while our home was still on the market), than they were in selling our home. Note: To this date our home still has not been shown 1 time by Marcus or Denise Parrish. We were led to believe that we should actively seek another home while ours was still on the market. In doing so, we spent several weekends (and workdays) with Marcus and Denise Parrish looking at homes we might be interested in, in the event that ours was sold. We found a house that we were somewhat interested in. We were encouraged, by Marcus Parrish, to put a $2000.00 binder deposit on this home on July 15, 2007. We did so, with a check made payable to Watson and Osborne, with the understanding that if for any reason the deal fell through, we could get our binder deposit back. Included in the offer as stipulations of the contract, were: the house passing inspection (which it did not), and the sale was contingent upon us qualifying for financing, which we could not until our house was sold. The contract was legally voided in 10 days when the owner refused to correct the problems in the home as stated in the offer. This is where our problems started. We were encouraged to put an offer and paid $380.00 for an inspection of a home that we had no possibility of owning, until ours was sold. After the 10 days were up and the contract was voided, I told my wife that we had already lost a minimum of $380.00 on a house we will never own, and to tell Marcus and Denise Parrish that we were no longer interested in looking at other homes until ours was purchased. At this point, we were down $380.00 and still had not received our $2000.00 binder back. While waiting very patiently for our binder refund, we noticed that Denise and Marcus Parrish stopped all communications with us (with the exception of sending us links to homes for sale on the MLS). We would make little comments while discussing it like, “Isn’t it strange that ever since we said we were no longer interested in looking at homes until ours was sold, we haven’t heard from Denise and Marcus”. The same couple who we had heard from several times a week prior to this. We waited very patiently for our binder deposit refund, with no contact from Denise and Marcus Parrish regarding this matter. When we would ask about it we were always given an excuse like “The seller’s agent is not returning our calls”, or “We are waiting for the binder release to be signed by the seller”. After waiting far too long and not hearing anything but excuses from Marcus, I decided to take matter into his own hands. Denise has had no viable communication with us since the contract was voided. Keep in mind, that at this point, unlike before, our phone calls are no longer being answered. So, I left a message with Marcus that it had been a couple of months since the contract was voided, and we haven’t heard anything, could you please call me and give me a status of our refund. An e-mail was also sent documenting the same. After waiting over a week and again no response, I left a stern message on the voicemail of the phone of Marcus Parrish that I was getting very frustrated at the fact that our messages and e-mails were being ignored, and he would appreciate a call by the next day to update me on the status of the refund. After getting home from work, and still no response from Marcus Parrish, I called Watson and Osborne to see what the status of the refund was. It is our opinion , as well as other realtors and attorneys that, I should never have had to have done this. The law office of Watson and Osborne advised that they still had not received the document that they deemed necessary to issue our refund check. The document in question was a simple release form signed by the owner, which we have since been advised, is not even legally necessary for the return of our binder deposit. We will not argue the legality of this document, suffice it to say that the contract was voided after the 10th day, and our money should have been returned in a reasonable amount of time. As luck would have it, after contacting the attorneys of Denise and Marcus Parrish, I finally got a return phone call from Marcus Parrish (after weeks of ignoring us). In this phone call it was stated that the attorney still had not received the release papers from the seller or representative of the seller. This was the same story given to me by the law offices of Watson and Osborne. At this point, I demanded the name and phone number of the broker of the seller’s realtor. This would be the only time in recent memory that we were dealt with fairly and ethically. I was given an accurate name and phone number of the selling realtor’s broker. I then called the selling agent’s broker. She was a real professional, and quite pleasant to deal with. Although I called her very late on a Friday, she offered to go into work on a Saturday to fax the document. She was already very aware of the situation, and said that her agent claimed to have faxed the document to Watson and Osborne a long time ago. She even reluctantly offered to go back up to her office that night in the pouring rain. I told her that would no be necessary, if she could just fax it to him the next day. I still do not know what she did, but the document was received via fax at our household within the hour. The one noticeable thing about the fax is that it had a stamp date going out of Watson and Osborne of 09/26/07. We cannot prove that this is the first time this document left the building of Watson and Osborne, but it just seems strange the amount of time elapsed between when the contract was voided, and the only visible proof we have of this document being sent out. Finally having proof of the signed document, we received our refund check about a week later. At this point we were very frustrated at the fact that we were able to accomplish in less than an hour what Denise and Marcus Parrish, Coral Shores Realty, and Watson and Osborne couldn’t (or wouldn’t) in over 2 months. As previously mentioned, from about the time that we started questioning why our binder deposit had not been returned to us there had been no viable communication with Denise Parrish. However, that did not stop Denise Parrish from continuing to send my wife links to homes that were for sale on the MLS. And although we were unhappy with how we were being treated, she still looked at the links. When one day, Denise Parrish sent my wife an e-mail link to the same house that we had so much trouble getting our binder deposit back on! Since, communication of MLS listings from Denise Parrish have stopped, which in our opinion, shows no desire to receive our business, even on the buyers agent end. At this point we have had enough. Denise & Marcus Parrish were either trying to insult us, or have no attention to detail skills whatsoever. Feeling like we were treated very unfairly and unethically by Denise and Marcus Parrish, and Coral Shores Realty, we decided we no longer wanted to do business with them. Another voicemail was left with Marcus Parrish letting him know we finally received our check, but felt that we were being treated very unprofessionally and unethically, and we wanted our sign back, our key removed from the lockbox, and an amicable end to this business relationship. As most of our communications with them, this too went ignored. A little over a week later, we had to leave town abruptly for a week. On the way out of town, another call was placed to Marcus Parrish. And of course the phone went straight to voicemail. To reiterate the point, prior to telling Marcus and Denise Parrish that we were not interested in looking at any more homes until ours was sold, we never had to leave voicemails. The phone was always picked up right away when we called. Over the last couple of months, the phone was picked up twice by Marcus Parrish on the day that I was making all the phone calls to secure my refund that I shouldn’t have had to make. Anyway, I left another voicemail for Marcus Parrish stating we had not heard back from him regarding our last voicemail, and we had left town at the last minute. Marcus Parrish was instructed to go to our home, and remove the only spare key we have & give it to our next-door neighbor, as he would be looking out for our house, and taking care of our affairs. Marcus Parrish was also advised again to return our sign, and if the lockbox was still on our house when we returned, I would take it off myself. I also advised Marcus Parrish that I am holding him liable for my home up until the point my neighbor receives our spare key. I also told my neighbor to call me the second he gets it. Although this sounds drastic, we have been insulted, treated very unfairly and unethically, and I no longer trust Denise & Marcuse Parrish & do not want them to have access to our home. Needless to say, our key was not given to my neighbor, as instructed, and our sign has still not been returned. What if we had plants we wanted our neighbor to water? Or even worse what if we had pets that he was to be taking care of? They would all be dead. Anyway, the voicemail did finally get a response out of Denise and Marcus Parrish. We received the following e-mail that night: October 15, 2007 Re: Exclusive Right of Sale Listing Agreement between Coral Shores Realty and XXXXXXX X XXXXXX XXXXXXXX dated June 23rd, 2007 Dear XXXXXX XXX XXXXXXi: In response to your letter of October 11, 2007, Debbie and I would like to site that above referenced agreement. In this contract you authorized Coral Shores Realty to list for sale the property located at XXXX XXXXXXXXXX XXX for a term beginning June 23rd, 2007 and ending December 31, 2007. However, paragraph 8 of this legal document does provide a cancellation provision on the part of the seller. The contract reads, “In the event this agreement is canceled by Seller, Seller agrees to pay Broker on demand, as liquidated damages, 5 % of the then current listing price”. Please remit $12,450.00 to Coral Shores Realty and the Broker will cancel the Exclusive Right of Listing Agreement. Sincerely, Marcus and Denise Parrish CC: Ronald Cika, Broker, Coral Shores Realty The following is on our contract with Marcus & Denise Parrish & Coral Shore Realty & is typed verbatim: (Lines 159-161) As a transaction broker, Coral Shores Realty Marcus & Denise Parrish (insert name of Real Estate Firm and its associates) provides you a limited form of representation that includes the following duties: 1. Dealing honestly and fairly: Can anyone reading this say that we have been treated honestly and fairly? We feel this contract was broken by Denise and Marcus Parrish, based on the above statement, the second that they started ignoring our attempts to communicate with them. We feel it was also very dishonest, and irresponsible of Denise and Marcus Parrish to ignore our request to give our spare key to our neighbor. It is also dishonest of Marcus and Denise Parrish to refuse to return our sign. Regardless of whether we stick this out with them until December 31, 2007, that sign cost us $94.00, is our property, and we are considering legal action to get our property back. The sign was given to Marcus Parrish for dimensions, color and font purposes only, and has been requested back numerous times. October 31, 2007 a fax was sent to the broker Ronald Cika, stating our complaints with his realtors. No response has been received to date. What Marcus and Denise Parrish and Coral Shores Realty has done to attempt to sell our home: * List our home on the MLS* Asked us to rearrange our furniture* Asked us to drop the price $5000.00* Asked us to drop the price another $5000.00* Asked us to raise the price $5000.00 What we would like to resolve this issue: Simple: At this point we no longer wish to be bound by this listing agreement & want out of this contract at no expense to us, based on the fact that we have been treated so poorly, and in an unethical and unprofessional manner. We want our sign back, and our spare key returned to us. And to wish Marcus & Denise Parrish good luck & hope that they have learned how not to treat their customers. Our Opinions: Based on the threatening email listed above, we may have no choice but to stay with Marcus and Denise Parrish, and Coral Shores Realty, through the end of our contract. We are consulting legal counsel on this matter. Another realtor we know advised us that realtors pay a flat fee of around $500.00 to list an unlimited number of homes on the MLS per year. She also advised that she would never do these things to her customers. We know this to be true because we have dealt with her on a professional level. We previously made an offer on another house, with her representing us. Just like in this case a binder deposit check was written. Unlike in this case, when the deal fell through, we had our money back within a week. Regardless of whether we are forced to stay with them through the end of the year, we will make our story known. We have never been treated so poorly by anyone we have done business with. While pondering why we were treated this way, I had the following random thoughts: What if someone had the idea to sucker you into signing a contract to list your home with them? Then, what if you had to pay them $12,450.00 if you wanted to cancel the contract? Then, what if they were so unethical, unfair, and unmotivated; they left you no choice but to want to cancel? If that ever happened to anyone, that would almost seem like a scam to me. Man, I have some crazy thoughts sometimes. Late Addendum 11/23/07: For the 1st time since we started dealing with Marcus and Denise Parrish our home may be shown. We were left a very rude voicemail on 11/21/07 from Marcus Parrish stating that our home was scheduled to be shown on 11/24/07. The voicemail also stated in a threatening tone that the lockbox needs to be on the front door as per our agreement. I have tried numerous times & don’t know how else to say it, that we no longer want Marcus and Denise Parrish to have any access to our home whatsoever when we are not there. They have demonstrated over and over that they are at the very least very unscrupulous and possibly *** artists. The tone of this latest voicemail was very bullyish, and taken by me like, “I can have access to your home anytime I want and legally you cannot do anything about it.” They know that we are in a desperate position to sell our home & for the past couple of months, when we could get them to communicate with us it was in this type of manner. And still, no response has been received of any kind by Ronald Cika or Coral Shores Realty. At this point, only because of our desperation to sell our home, for personal reasons, we are going to allow our house to be shown tomorrow. No matter what happens, rest assured, we want our story told. New Addendum 01/02/08: As it turns out our home was shown per the previous paragraph, but not by Marcus or Denise Parrish. Our contract is now up with them and we couldn’t be happier about that. Please note that Marcus and Denise Parrish, after months of requesting them to do so, did finally return our keys on 12/31/07. And just like their previous behavior, they were irresponsible with the keys that gain access to my home. They came and took the lock box off of our door & LEFT 2 SETS OF OUR KEYS RIGHT IN THE MIDDLE OF OUR FRONT PORCH!!!! Thankfully we were home at the time and heard something. When we went to the front door to see what we heard, we saw the keys on the ground on the front porch, and Marcus and Denise Parrish speeding off. These people do not need to have access to the keys of people’s homes. Look at what they have done to us. Of course our sign was not returned. So we decided to keep their sign, pull their stickers off, and put new stickers on it. (Another unecessary cost to us.) When we finally got all of the stickers off of their sign, we discovered that it was our old sign the whole time! When we were originally told that they were taking our sign away to get the measurements, they just pulled off our stickers, and made our sign their own. This was just another lie in an ongoing pattern of unsavory behavior. We are much happier now that our contract with these people has expired, however, since we were treated so badly, it is now our duty to society to warn the public about how they might expect to be treated if they choose to do business with them. I would advise anyone considering doing business with Marcus and Denise Parrish to reconsider. And under no circumstances whatsoever should they be trusted with the keys to your home.