Complaints

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• Initial Complaint

  Date:09/06/2022

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I hired 1st Abstract to handle the sale of my primary home, and the purchase of a home through an auction, for an estate. The sale of my home went well. I provided the sales agreement I signed with the auctioneer, on behalf of the estate. There was a 6% buyer's premium which was identified in the sales agreement. We both agreed to pay 3%, as stated in the Sales Agreement I gave 1st Abstract. The estate paid the full 6%, and now 1st abstract is coming to me to collect. I paid 1st Abstract to do a job, and to provide professional closing services. They provided the Completed Settlement statement, which we both signed. I am uploading these documents, also. The buyers attorney, I THINK, paid the auctioneer the full 6%. Why, if BOTH attorneys messed up, does it cost me? The document entitled "Paperwork for Discussion with Buyer" is not the complete document. Who typed in red? This attorney is shady.

  Business Response

  Date: 09/14/2022

  *****************************:

   

                  Please see my attached reply to the Complaint ID ********; ***** ******* against 1st Abstract Agency.  As you will see, the facts are basically not in dispute.  The only dispute is that ***** ******* apparently believes our mistake in not collecting the $6,600 Buyer’s Premium she and her husband agreed to pay ***** ***** Auctions made that 1st Abstract’s obligation and relieved ***** ******* and her husband from their obligation to pay the $6,600 Buyer’s Premium to ***** ***** Auctions.  While we regret our mistake, we do not agree with ***** *******’s conclusions that our mistake wipes out the *******’s obligation to pay the $6,600 Buyer’s Premium to ***** ***** Auctions or that 1st Abstract is obligated to pay the $6,600 Buyer’s Premium to ***** ***** Auctions and the *******s are relieved of that obligation.

  Business Response

  Date: 09/23/2022

  Dear Better Business Bureau & *****************************:

   

              We again incorporate our prior letter of September 13, 2022 and the enclosures that accompanied it by reference as though entirely set forth at length herein.  The fact remains that the Buyers did not ever pay the buyers $6,600 Buyers Premium owed to ********************* Auctions as they voluntarily contracted to do. The Estate/Seller mistakenly paid the full amount of all commissions owed to ********************* Auctions, including the $6,600 Buyers Premium owed to ********************* Auctions. 

   

  We have advised the Buyers to pay the $6,600 Buyers Premium as they agreed to avoid unnecessary and avoidable additional costs in the event that the estate pursues legal action against the Buyers.  If the Buyers bring the $6,600 for the Buyers Premium into to our office, we will give them a receipt and when we forward payment in that same amount to the attorney for the Estate/Seller, we will likewise ask for a receipt and forward a copy of the receipt to the Buyers. 

   

  If the estate takes legal action against the Buyers and prevails, the Buyers could be liable for additional expenses beyond the $6,600 Buyers Premium owed to ********************* Auctions such as court costs and other litigation fees ordinarily awarded to the prevailing party under Pennsylvania civil law.  These potential unnecessary additional expenses can be easily avoided by simply following our advice, doing the right thing and paying the $6,600 Buyers Premium to reimburse the Estate/Seller for accidentally paying the $6,600 Buyers Premium owed to ********************* Auctions.  If our advice is not followed, any additional monetary losses suffered by the Buyers are the result of their own refusal to voluntarily pay the $6,600 Buyers Premium to reimburse the Estate/Seller for the accidental payment to ********************* Auctions of the premium that should have been paid by the Buyers.  This decision is the Buyers alone to make, and the Buyers alone will be responsible for any and all unnecessary and avoidable consequences of their own decision not to reimburse the Estate/Seller that accidently paid the $6,600 Buyers Premium the Buyers owed to ********************* Auctions. 

   

              Our proposed resolution is this, and only this!  If the Buyers can be civil and behave themselves and not use any curse words or abusive language, tone or volume when they speak to me or my staff, the Buyers can bring or deliver to our firm the $6,600 for the Buyers Premium that they owed to ********************* Auctions that was mistakenly paid by the Estate/Seller and we will give the Buyers a receipt for the $6,600, if they bring or sent it in.  If we receive the $6,600 for the Buyers Premium that was owed to ********************* Auctions, we will forward payment in the amount of $6,600 to the attorney for the Estate/Seller and require a receipt from the attorney for the Estate/Seller that we will copy to the Buyers for their own records. 

   

              My Kindest Regards.

  Sincerely,

  ***************************************************

  *******************************, Esquire

  Customer Answer

  Date: 09/23/2022

  I have, as I stated, contacted the auction house and we agreed it is wisest for me to pay the estate's attorney.  They also advised me to NOT send payment to them.  They sent a letter to both 1st Abstract and the estate's attorney.   I spoke to the estate's attorney last week and have mailed the $6,600 to their office.   Upon receipt  they will notify the auction house and return the funds to the estate.

  I will never use 1st Abstract or refer anyone to use them either.  I was warned how haphazardly they handle closings, and ultimately it rang true.