Another Story of the Association of Realtors DOING nothing about Realtors who Break the Bogus Codes and BREAK the Law.
" I submit this complaint against realtors Jackie A. Nolen of Selling paradise realty, Cape coral, FL and Phillip Morris of Wonderland realty, Cape Coral FL.The subjects of this complaint concern the acts of knowingly providing confidential client information to a 3rd party without written authorization in addition to knowingly providing misleading information as to the condition of the subject property. The following information provided occured during the process of my purchasing a property in Cape Coral, FL.
During the time period when I was allowed to do an inspection of the property, I was working out of state and my fiance was undergoing cancer treatment at University of Miami. Subsequently we were both unable to do our own inspection of the property.
At that time Jackie Nolen offered to me an Inspection Report that she had from a previous buyer that I would be able to purchase with the consent of said buyer at a discounted price. She said the report was from a reputable inspection company that had been done only a month prior to my contract on the house.
To me, it seemed that this was a valid option, so I decided to use this report as an indication of the condition of the house and would base all negociations with the seller on this report. The seller agreed to fix all of the problems contained in the report prior to closing, and Mrs. Nolen agreed to do the the final inspection in our absence.
The day of closing, Mrs. Nolen Met the representative of Kross Home Inspection and verbally reported to me that the inspector had completed the inspection and all of the problems had been fixed. She would then send me a copy of the inspector’s findings via e-mail. Based on her statement, I proceeded with the closing. When my fiance moved in however, she found the problems had not been fixed and several other severe problems were discovered. We were very upset at the condition of the house and qestioned Mrs. Nolen as to why the problems had not been fixed.
She replied that she was still waiting for the inspector’s report to find out what he had written. Several days later I received the report from Mrs. Nolen to find that the inspector did indicate the problems had not been fixed and Mrs. Nolen had lied to us concerning his findings so I would proceed to closing.
Subsequently, in trying to find out more information on the inspection report, I contacted the inspection company directly. To my dismay, I was told that Phillip Morris (listing agent) and Jackie Nolen had not contacted the previous buyer for permission to use their report and that the previous buyer was extremely upset to find out that they had given the report to me. I was also told that Mrs. Nolen had not informed the inspector or the inspection company that the re-inspection was for a different buyer and not the original buyer as they had thought.
In my dealings with Jackie Nolen, I have found her to be an untrustworthy realtor. There are several other instances were she Lied to My fiance and me, but the instance above has caused us the most harm. We are faced with $30,000 in repairs to a house we never would have purchsed if Jackie Nolen had not lied to us.
Sincerely,
Christopher Hey.
Article 1
When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. (Amended 1/01)
# Standard of Practice 1-9
The obligation of REALTORS® to preserve confidential information (as defined by state law) provided by their clients in the course of any agency relationship or non-agency relationship recognized by law continues after termination of agency relationships or any non-agency relationships recognized by law. REALTORS® shall not knowingly, during or following the termination of professional relationships with their clients:
1. reveal confidential information of clients; or
2. use confidential information of clients to the disadvantage of clients; or
3. use confidential information of clients for the REALTOR®’s advantage or the advantage of third parties unless:
1. clients consent after full disclosure; or
2. REALTORS® are required by court order; or
3. it is the intention of a client to commit a crime and the information is necessary to prevent the crime; or
4. it is necessary to defend a REALTOR® or the REALTOR®’s employees or associates against an accusation of wrongful conduct.
Information concerning latent material defects is not considered confidential information under this Code of Ethics. (Adopted 1/93, Amended 1/01) "
Per .. Real Estate Consumer...
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