February 3, 2021 September realtor Ben Williams license # 0179**** came to my home under the pretense of buying a restored Camaro I was selling for $32,000 and talked me into listing my home with him.
We had agreed on a listing price of $1,250,000 and when he sent me the listing agreement over, September 16, 2020 and I had a friend of mine who is a realtor read it, the house was listed for $1,150,000. When I told Ben that the price was not correct, he told me he thought $1,250,000 was too high and arbitrarily changed it on his own.
I made him change it back.
Ben said he would waive the seller commission if I would agree to give him the car in lieu. 2.5% of $1,250,000 is $31,250 which was close enough to the selling price of my car. I agreed to that but again when I my realtor friend read the agreement; he was only giving up 1.5% of the sellers commission, not 2.5%. That means he would get the car for only $18,750.
I confronted him again via text message and he said he agreed would pay me $10,000 cash after the sale on a text message.
I told Ben that I would only consider offers close to the asking price. The first day of the listing he sends me an offer for $900,000 and goes about telling me how that is a strong all cash offer and I should consider it. It turns out this guy is an investor friend of his.
Ben said he was such a wonderful guy he would get me a free termite inspection and escrow. His termite guy who tells me he does a lot of work with Ben claimed my recently built custom house was infested with termites and a $4,500.00 tenting service would be needed to rid the termites.
I called my builder Mike Galey and he said that is impossible, the attic is sealed up tighter than a drum. He has one of his guys come out and do his own inspection and he told me there is zero evidence of termite infestation. It is my belief there was some kind of kickback deal.
The listing was set to expire on December 16, 2020 so Ben pleaded with me to extend it for 30 days. He claimed he had a good near full price offer coming.
That would have taken it to January 16, 2021. I have the text message where he asked for 30 days. I never signed anything around that time to extend the listing. It was just a verbal agreement.
On January 16, 2021 I asked Ben to take the house off MLS, pick up his lockbox and cancel the listing.
He said he would and he pulled it off MLS. He sent me a listing cancel agreement but he wants the rights to commission for any sale up until April 1, 2021. I showed it to my realtor buddy and he to me to cross out box A that Ben checked and to check box B and write down 5 days. I did and signed it and emailed it to Ben.
I thought our business was over.
I have a family friend that wants to make an offer. Ben had been calling me begging me to show the house and relist. I told him I have an offer and he blew up. He said that offer is under my click.
He says this deal should be his, that he spent so much money promoting the listing. He threatened to hold my house hostage until April 1. I said April 1? He said we have a listing agreement until April 1st that I we are under.
I never signed a listing extension when the listing expired on December 16. Ben wanted me to let him handle my sale for 1%. I said no thank you and he became livid. Then the house showed back up on MLS without my permission.
On January 9, 2021 I signed a counter offer on a lowball offer Ben brought to the table.
Ben rushed me to sign it saying the buyer would walk if I did not sign it right away. I showed this lowball offer to my real estate buddy.
I have hundreds of text messages and dozens of emails that I can provide for you.
Please, I need some help.
Marcus Malatesta 2481 San Clemente Avenue Vista, CA 92084
marcusmalatesta@***.com 949-350-**** cell/text
User's recommendation: Stay away from this guy.
Product or Service Mentioned: Coldwell Banker Property Listing.
Preferred solution: Take my house off MLS.
Coldwell Banker Cons: Deceitful realtor.
Location: 3790 Via de la Valle, Del Mar, CA 92014