Acting as an agent

by Mark Kirkpatrick on October 20, 2011

Company Name:: Re/Max of the Lake

Directed to: Missouri Real Estate Commission

Details on real estate transaction occurring on Friday, September 9, 2011:

On or before Friday, August 19, 2011 we were informed by our step-mother, Shirley Kirkpatrick that the property that our brother and his wife, Kevin and Kathy Kirkpatrick own was going to be foreclosed and sold on the court steps on Friday, September 9, 2011. JT Kirkpatrick, our father, and Shirley were the owners and had generated the foreclosure process. On that Friday, August 26, 2011 both Scott Kirkpatrick and Mark Kirkpatrick decided to engage John Gibson, a real estate agent with ReMax located in Laurie, Missouri. We proceeded to go to John’s office in Laurie to discuss. Upon our arrival John was not in but expected. We during just a normal conversation asked the two ladies up front if they were aware of anyone at the office reviewing foreclosures in the local newspaper. They indicated no but we should ask John. When John arrived we indicated to him that the foreclosure was going to happen and the sale notification was in the Stover, Missouri newspaper. He indicated he never watched the news paper for any type of foreclosure and would not have seen this if we had not bought it to his attention. The main point here is, John Gibson would NOT have even know about the sales unless the Kirkpatrick’s had brought him into the process. We explained what had happened with the property and what specifically was being sold. We came to John to solicit his advice and to see if he was willing to act as our agent during the bid process. He indicated he was interested and we decided to then have a dinner meeting that same night to discuss with all three families, Mark/Cathy Kirkpatrick, Scott/Nancy Kirkpatrick and Bill/Jan Huff all of the details and all of our respective wishes. All three groups had a vested interest in pieces of what was being sold. We met and discussed a joint approach on bid day so all of us were on the same page and would end up with what we all wanted. We agreed that Huff’s would want the house, M. Kirkpatrick and S. Kirkpatrick jointly would want the rec-room and garage and forty feet of lake front adjacent to M. Kirkpatrick’s lot, John would get the other 100 feet of lake front for himself, again bordering M. Kirkpatrick’s property. We discussed the bid process and John acting as our agent to bid as one versus bidding against each other and then settle up at a later date. It is absolutely important that all parties understood the details and at NO point did John not agree to go forward as planned.
The group, John Gibson, Mark Kirkpatrick, Scott Kirkpatrick and Bill Huff decided it made sense to meet prior to the auction, especially since mark Kirkpatrick could not attend the event. So we called a group meeting at Mark Kirkpatrick’s house for Saturday AM, August 27, 2011. The meeting went well all particulars above were once again discussed and agreed upon. We discussed what John thought the property was worth and what we should bid. The consensus was if we could stay under $100,000 the group was in agreement. The end result would be we would split the transaction into three thirds, Gibson, Huff and M. Kirkpatrick jointly with Scott. We would also split the back taxes and legal fees the same way as above after all things were settled. At NO point was there any disagreement or questions on our direction on the transaction, John Gibson was acting as our agent and or fiduciary. As we were leaving I mentioned I could not attend again the day of the auction and would send the group an email on what we agreed upon, see below for the content and I have saved the email that was sent to all parties. Dated September 7th, again the bid day was September 9th.
Gentlemen:

With the 9th upon us I owe you all an email. I really hope this is accepted in the context I send it in. Having been associated with the lake property for as long as anyone I want to make sure that all of us fully understand both Bernice’s wishes and also mine and Scott’s father, JT Kirkpatrick. They wanted all of the property we have been discussing to stay in the Kirkpatrick family. That includes all of Kevin’s but also the woods or the 5.5 acres up above, that was in a deed we received and have been paying on for some 8 plus years. There is no mistake this is rightfully what Scott and I have expected and have been paying for over 8 years. I would hope all of us adhere to the right thing as it pertains to this.

That being said as it deals with Kevin’s property again all of the above wishes was and as always been to keep this in the Kirkpatrick family also.
That being said Scott and I have no problem with Huff’s obtaining the house and John, you retaining the 100 feet we have discussed, the rest will hopefully go to me and at some point to Scott. That leaves the Kirkpatrick’s with 40 feet more of lake front, the garage and rec=room and also corresponding property. If the bidding stays as we expect it, at or around $60,000, I would go to $20,000 for my piece and not to exceed $30,000 if it goes above 100,000. Let’s not lose site of the fact that anything above the opening bid goes back to Kevin/Kathy and NO ONE WANTS that based on the hell they have put us all thru.

I wish I could be there but I cannot, please call me with any questions or concerns.

Thanks.
Mark

At no point was there any add’l questions nor concerns from anyone. Once the bid was over Huff’s and Gibson moved to complete the transaction on his third and it has been closed. That same day Scott Kirkpatrick had a conversation (immediately after the bid was completed) and reminded John I was out of town and we would settle up on the dollars when I returned. Mr. Gibson indicated that was fine and there were no issues and our agreement was in order. I also called him later that day and received the same type of response. Then approximately two weeks after that John has now backed out of our agreement with NO real explanation. All of us feel that we were deceived by John Gibson and as much by the entire real estate system. We solicited help, advice and put our trust in a real estate agent from Re/Max and quite frankly were taken advantage of at the end of the day. What he has offered is to lease the property back to us. We need to know what our recourse is and how you might suggest we proceed. We will start legal proceedings but also need to know what you can do for this misconduct?
Thank you.

Mark Kirkpatrick
8127 Parkridge Drive
Parkville, MO 64152
816-308-6205

PS: The office that houses John Gibson is as follows:

Contact Info
Helen Riggins ABR, CLHMS, CRS

Office Address

RE/MAX at the Lake
PO Box 1111, 147 S Main
Laurie, MO 65038
573-374-5206

Phone Number

Toll-Free: 800-639-5069
Direct: 573-374-2555
Cell: 573-216-0568
Office Fax: 573-374-7417

Web Site:
www.helenissellin.com

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m.helenissellin.com

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This post was submitted by Mark Kirkpatrick.

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