Company Name:: Metro Brokers
Since I have been through my story many times and don’t wish to work myself up all over again, here is the complaint I submitted to the Real Estate Commision against the POS “Agent” Don Bartlett:
My husband and I purchased a home from his seller at the end of August 2011. Long story short, we were locked out of the house at the time of posession. Mr. Bartlett, without the seller consent, advised us to get a locksmith and have the locks changed. He Assured us he would be working with his client to get us reimbursed for the charges. He also authorized without his seller’s consent for us to bring in a cleaning service and junk haul off service to get rid of the many personal items the seller left behind that was not agreed upon in the contract.
All charges came to $721.48 and receipts were forwarded by Mr. Bartlett to his client, David Pitchell. We received a borderline hostile letter from Mr. Pitchell stating he would not be reimbursing us for the clean up charges besides the $120.00 for the lock out service. Upset having received such a letter, I fowarded (through my realtor) a scan of Mr. Pitchell’s letter with my response and requested that Mr. Bartlett please be aware that we did not wish to have direct contact with the seller, nor did we feel it was our duty to try to recover the money he (Mr. Bartlett) assured us he would deal with his seller to get back. Based on Mr. Pitchell’s response to us, it is evident that Mr. Bartlett provided no explanation as to what the receipts were for or that he himself had advised us to do what we needed to do to clean up the mess left behind by Mr. Pitchell, and submit the reciepts to him (Mr. Bartlett).
I waited several weeks for a response to my email from Mr. Bartlett and having heard nothing back after numerous status updates from my agent, I contacted Mr. Bartlett directly by email. His curt reply to me was:
“I have forwarded your invoices to Mr Pitchell. He indicated that he would respond directly to you as this matter does not pertain to the closed contract.”
I feel Mr. Bartlett acted and continues to act unethically by having made false promises to us. If he is not able to get our money back from the seller as he promised he would do, he should at the very least be responsible for reimbursing us for the rekey charge ($135.00) he told me to have done. I had not planned on having that service performed right away becuase the seller was moving out of state, but I did it soley under the advisment of Mr. Bartlett.
In my searches for direction with this issue, I learned from the State’s Department of Regulatory Agencies license search tool, that Mr. Bartlett had an action filed against him in December of 1996. Under item 7 in the Stipulation and Final Agency Order, Mr. Bartlett acknowledged, among other things, “acting on behalf of sellers without authority.”
I feel Mr. Bartlett again acted on behalf of his seller without authority and should be held responsible for his actions. Furthermore, I feel Mr. Bartlett failed as a responsible/ethical realtor by not ensuring his client was upholding what was agreed upon in the signed contract. We held the walkthrough several days prior to closing at the sellers request and as a courtesy to the seller’s dying mother. Nothing had been moved and all personal belongings were in place as they had been the first time we saw the home. We agreed to let the seller stay 5 days after closing to pack and secure a place to live as he was moving out of state. Instead, the seller left the home after 3 days and left a filthy house with numerous personal items behind for us to get rid of. I find this especially frustrating becuase of the conversation we all had (me, my husband, Mr. Pitchell, Mr. Bartlett, my agent Suzanne Offe, and two other people) during the closing, regarding the conditions of homes after seller’s move out. It everyone at the table was in agreement that seller should leave the house clean and free of personal belongings (excluding items that were agreed upon in the contract). Mr. Bartlett should have followed up with his client to make sure that was done. When Mr. Bartlett came to the house when we were locked out at posession, he acknowledged and apologized for the mess he saw in the garage and back patio when he came to the house and advised us to call a locksmith. Below is a link to pictures of the mess the seller left behind.
This post was submitted by Erin Aldrich.