Honest and transparency are the core values that support the real estate business. The industry code of ethics and honesty is embedded in good real estate agent and his/her broker's agency. The things that are at stake are reputation, finances, and the business. Maintaining a high level of honesty and integrity is essential. As real estate goes, it becomes imperative for a realtor to conduct their business with these embedded values. A realtor has a fiduciary responsibility to his/her client.
The law imposes on a real estate agent the same obligation of undivided service and loyalty to a client that it imposes on a trustee in favor of the beneficiary.
Mr. Taylor and Ms. Kelley's responsibilities, as defined by state law;
● treat the principal’s affairs with the same standard of care as that of a trustee, which has a duty to administer the trust solely in the interest of the beneficiary
● make to the principal the fullest disclosure of all material facts concerning the transaction that might affect the principal’s decision
● disclose to the principal all offers to buy the property in addition to the offer accepted
The law imposes powerful duties upon the broker both in terms of self dealing and full disclosure and personal liability applies if this duty is violated. Brokers, who are usually well meaning and honest normally conform to the requirements but the intelligent Buyer or Seller should carefully monitor all actions of the real estate agent and realize that the economic basis of their relationship must almost always put them at odds in advising as to the benefits or detriments of a sale.
I believe Ms. Kelley's brokerage failed us in lack of full disclosure and personal liability, given we dealt with Mr. Taylor's assistant and not Mr. Taylor, for more than three months. This is an example of lacking integrity on the part of Mr. Taylor, in my view.
This spectre of integrity cannot be faked. Although I see (for example) Aaron Taylor's self-proclamations and radio show fame, I've now met with many real estate agents, inspectors, and even contractors that have nothing good to say about Mr. Taylor's integrity. My opinion of Mr. Taylor's integrity lies solely with the experience of dealing with 8734 Rancho Destino where both of my real estate agents immediately noted problems with the roofing and water stains in the stucco. Both agents, native to Las Vegas, indicated that this sort of roof damage was "common" and needed to be immediately remediated. Both indicated this level of water damage is "uncommon" and needed additional inspection. With this in mind, my real estate agent recommended a "soft appraisal" by a former appraiser and architect, and recommended a full inspection prior to the bank appraisal so that we could avoid any surprises.
During all negotiations, Mr. Taylor was never accessible. All communications between our agents went through his assistant. Mr. Taylor's written word (through his assistant) was also not bond; He actually had the audacity to tell my agent "so what if we said we'd sell at $490,000, it's only $10,000.00 more, so they should pay the additional $10,000.00 and quit complaining. Buy the house as-is and move on."
Mr. Taylor, that is not an ethical, respectful, nor moral response to you and your seller changing price. Had you been faithful to the price in the first place, you'd have sold the home by now, and we'd likely be suing you and your Seller for misrepresenting the condition of the roof, the mold, and the water system.
Had you acted with integrity following the vast gap between the disclosures on the SRDP and the very deep inspection, we also would likely not be having this on-line conversation.
Had you stepped in and kept your client under control as he threatened, attempted to intimidate us with inferring bodily harm, I might have developed at least a modicum of respect for you.
In my mind, you are an embarrassment to your industry, to your peers, and especially to your broker. In my mind, you are a coward for not stepping into what has been a mess via your office since the very first offer. From what I hear, you've been getting away with these sorts of shenanigans for years. Hopefully you'll stop and think next time. Whether this website, or our intended filing with the state and legal system will influence how you do business in the future.
Integrity means everything. With me and those in my circle, I doubt you'll ever recover your integrity. Takes one instance to destroy trust, and years to rebuild.
Mr. Vasquez, Ms. Truong, you were not honest in your representations in the SRPD; there is no dispute. That you were given roof replacement estimates by SolUp prior to the installation, that they told you the eastern slope was too worn/damaged to support people or panels, is inexcusable for you to represent and warrant that you knew nothing of the roof.
The same can be said of the well. That you had estimates from 2 years before to replace the piping and bladder tank, and then used our paid-for-by-the-hour inspection to request another estimate, is unconscionable. Even the water inspector was uncomfortable with the situation given that we were paying him, but you occupied 30 minutes of his time on our dime, asking how to repair and replace, telling him "I've been meaning to pour an extension on the concrete slab for another bladder..."
You were recorded on more than one occasion. You might recall I questioned you about being a CCT member...If you were willing to not be clear on that, little you said following that point was questioned, and often recorded. When Ms. Truong told us you'd used Kilz as a primer "because it was cheaper" we knew that wasn't accurate; Kilz is for mold/mildew suppression prior to paint. Kilz is not containment; it's coverup. We specifically asked Ms. Truong if there had ever been mold or mildew in the house (all recorded and heard by our inspector, who suggested we ask the question).
You attempted to put lipstick and a wig on the pig. But at the end of the day, intelligence and suspicion, confirmed by the great folks at FYI Inspections, demonstrated that underneath the fluff and pretty words, it's still just a pig.
Worse, you each work in the real estate industry. When you threatened us, intimated bodily harm because our inspector took 7 hours to inspect your problem-ridden home, your agent's assistant told us "Mr. Vasquez and Ms. Truong work in the industry, and they know how these things go." How on earth can anyone who would threaten a buyer, who would hide safety/health issues in a home, ever expect to become a real estate agent?
You are Mr. Taylor's broker. You may not have been when this sales process started, but you were his broker by the time this situation rolled around. When the broker at Urban Nest contacted you, we were really hopeful integrity, common sense, and doing the right thing would prevail. We heard nothing but great things about you from your fellow GLVAR members (quite the opposite of Mr. Taylor's peer reviews). We truly expected that greatness to shine through once you were aware of the misrepresentations. Apparently we had stars in our eyes, hoping decency would prevail.
We did *everything* in good faith with this Seller and Aaron Taylor's office, only to be insulted by snarky comments, unsigned, countered, accepted, or refused offers. We were belittled for having concerns about mold, water, and roofing, to say nothing of the electrical. We valiantly tried to complete the sale anyway, asking the Seller only to either replacethe roof, or discount the sale by the amount of the written estimates to replace the roof. Given the warrants and representations on the SRPD, we thought we were being kind in trying to move forward with the sale without raising issues from the misleading SRPD forms. We were willing to accept the terrible tile work (that had uncontained mold underneath), the water damage in the home, the electrical problems, and even the vile, nasty swimming pool/hot tub. We even tolerated the attempt to intimidate via the threats Mr. Vasquez made when our inspector was still identifying the last of hundreds of maintenance issues. It was shocking that Mr. Taylor was willing to pass the threat along as we listened to Mr. Vasquez rant from inside his home.
We drew the line at the safety and health issues of the roofing, water leaks from the compromised roof/substrate, and the well issues.
Hopefully in your next disclosures you'll be more truthful so that you don't place the safety of others at risk.
We have not found, and likely will not find, a home that would meet both our business and personal needs, in the same area as 8734 Rancho Destino. Everyone lost here, mostly due to Aaron Taylor's arrogance and lack of attentions, and what I believe were the Seller's intentional misrepresentations.
Copyright © 2019 The Broken Home (concealed crap) - Social Commentary Fair Use. All words presented here are of a personal opinion and do not represent the opinions of anyone I work for, live with, or with whom I do business. Photographs are for your own adjudication; I have published my personal interpretation of the photographs and how they relate to what I feel is an intentional deception on the part of the Seller and their agents, Aaron Taylor and Kolleen Kelley.