Birds Make Good Neighbors

July 4th, 2009 marks the year anniversary of our house being listed for sale in Knoxville, TN. This is the story of how Frank Goswitz, Knoxville’s Remax, changed our lives.

I posted a similar post, at my (old blog), regarding Remax’s Frank Goswitz back when he was still our real estate agent. This was back in September or October, 2008. He demanded that I remove the post, which I did. We were just glad he knew how we felt about what happened to us. The fact that he found the post and emailed October 16th, 2008, was amazing. He must google his name daily for self-inflation.

He emailed: “Remove your slanderous blog immediately.”

This time, I am not going to remove the post. Two reasons why I am not, maybe three:

1.) Freedom of speech.
2.) People need to know what a dis-honest, lying, uncaring person Frank Goswitz is.
3.) According to the Tennessee Real Estate Commission complaint form, number 3 states:

Please be advised that all information you submit to the TREC will be a matter of public record and as such, subject to disclosure pursuant to the Open Records Law. In Tennessee, the Open Records Law requires that any and all documents received by TREC be made available to anyone who requests such files and/or documents. This includes, without limitation, the news media, respondents, the courts, attorneys and any member of the general public.

This post does not include anything different from the complaint being submitted to the TREC, which grants me permission, and a duty, to post such information on my website and on the internet.

Let’s get started. FYI: This is going to be a pretty long post, being both therapeutic to me and hopefully informative to anyone who reads it.

July 4th, 2008: Listed our home with ReMax, Frank Goswitz as our agent

August 12th, 2008: Signed a Confirmation of Agency Status, which states Frank is Janet’s agent. He never told us he was working as her agent. We didn’t realize it until later in the process, which proves to READ WHAT YOU ARE SIGNING. Frank should have told us he was representing her. That’s a big one at the TREC. In the future, I would never work with an agent representing both the Buyer and Seller. In our case, it was such a conflict of interest, because he continuously told us he had no idea what was going on with her.

August 13th, 2008: Negotiate with Buyer, Buyer changes mind, due to roof not being brand new (and we can’t afford to replace it).

August 19th, 2008: Signed a contract with a Buyer. This is where it gets completely complicated and misleading. Closing set for September 12, 2008 at 2:00pm.

Frank, representing both parties, which we weren’t aware of until about half way through closing, wanted us to give, so he could take, take, take. Why we EVER signed this contract was beyond me. Like I said, read, read, read, negotiate, negotiate, negotiate and never settle. We were so anxious in moving to Arizona, we weren’t “on our guard”, which we should have been. The contract consisted of the following:

- $77,500 was the amount offered.
- Seller to contribute $4650 towards closing costs
- Seller to pay Nehemiah Grant of $2335 plus process fee of $499

We learn later, because I called the TREC once we got to Arizona, that the Nehemiah Grant was dissolved and should have never been included in the original contract. The gentleman then sent me to the FHA Mortgage website, where it states the grant was dissolved JULY 30, 2008 by President Bush. Our contract was signed 8/19/2008. I contacted an attorney in Arizona, discussed the situation and he then advised me to contact an attorney in Tennessee; that we had a case. This was not an option at the time, being we were in Arizona.

August 21st, 2008: Had a home inspection. The inspector was from A & H Home Inspection, who was the Buyer’s friend; his name was Jason Garrett. We do not recommend this company for any future Buyer. He’s definitely not thorough at all. | See Report | Since he admitted to not being qualified enough to inspect the roof, the Buyer wanted some estimates regarding the roof being replaced.

Somehow, at this point, we got into negotiating some roofing options. The buyer wanted to finance the replacement of the roof. We went through five estimates, sent over by Frank, $3500 being the cheapest and $7000 being the most expensive. One company didn’t do financing, so we had to go with $4000, I believe.

At this point, we had no idea what was going on. Basically, we had a contract, Frank kept adding more and more expenses to our contract and telling us he’s got some “magic numbers” he’s working with. We never got a straight answer, we never got that magic number, and his assistant was worthless when it came to anything. She told us one thing and Frank told us another.

One of the roof inspectors told us that there was severe hail damage and to call our insurance company to have an estimate done. We had actually had a severe storm on July 21st, which produced pea to penny size hail, and lightning struck a tree across the street. So we called Farmer’s, they came out for an estimate and handed us a check for $3000. The only stipulation was, the roof needed to be fixed within six months, or the money had to be given back.

See video from the July 21st, 2008 storm:

Hail from July 21,2008:

So once Frank found out about this (his assistant wanted our claim number and all of our insurance information), which later turned out to be a bad idea. From this point on, Frank, selfishly, bent over backwards for his client, the Buyer, and repeatedly tried to screw us. We explained so many times that I can’t even count, that the money we got need to go towards our move to Arizona. That was our ONLY way of getting to Arizona. We also had to bring over $1000 to closing, which is ridiculous.

The deal was, the Buyer was going to put a new roof on the house, have it financed. We may have been paying for half, which was included in the house. We have no idea because we never received paperwork and we never got any straight answers.

Two weeks before closing, Frank stops by to put a SOLD sign on the For Sale sign. He’s telling me that it’s pretty much a done deal, everything was fine, that we’re just waiting on paperwork from the Buyer’s husband. I asked what that was about and he said, “I don’t know, I guess he lives out of state. I don’t know the details or anything about it.” First of all, Frank did this all the time. He represented the Buyer and constantly told us he never knew what was going on. Either he was lying, which isn’t hard to believe, or he didn’t do a very good job at finding out information. I specifically asked Frank if this was going to be a problem, waiting on the husband to get the paperwork in. He was like, “nah”. As soon as Frank left, I called me mom and told her, “I bet this is a problem, being that Frank never listens or takes care of anything. I guarantee it.”

September 2th, 2008: Reserved Penske truck. Pickup is 09/10/2008 and price was $1,431.30.

September 5th, 2008: Received an email from Title Partners of ETN to Frank (never use them) – Good Afternoon Frank, I received the title work back on this and everything is good to go on that end. Janet Beckner¢s husband is not local so I have informed the bank that we needed documents early so that I can send the husband the few documents he needs to sign for the closing. Other than that we should be on schedule for the 12th at 2:00pm. Thanks and have a good one.

September 6th, 2008: 6 days before closing, Robert and I have a garage sale for money towards the move, expenses for bills, food, gas, etc. We sold everything we owned: furniture, beds, our brand new dryer, a de-humidifier for the basement, everything we could. We had already put notice in to leave our jobs; I had already left my job in order to pack. Frank’s assistant had the nerve to ask if she could have our hedge trimmer and our washer. We left the washer here for her and she never took it. They did take our cleaning supplies and a table in the basement, though (we left the cleaning supplies for the Buyer). Frank called us to tell us our fridge smelled; it was because we turned the electricity off. Frank wanted to charge us for “cleaning the fridge” (we cleaned it before we left). We told him it smelled because we turned the A/C off and to wad up newspapers and toss them in there, which helps the smell of unplugging a fridge.

September 9th, 2008: Walkthrough set for September 10th. Just received an INCORRECT Settlment Statement, which shows what we need to bring to closing, title fees, closing fees. We had NO idea what to expect at closing.

September 10th, 2008: Pick up truck, internet, phone and cable shut off. Walk through apparently happened. Closing set for Friday, the 12th.

I don’t remember the date of when Frank and his assistant came over, but it was when I was packing – the week of closing. They congratulated me and I asked if they wanted a beer, as a joke, to celebrate. Frank said no, because he was “on the clock”, but his assistant got right in that fridge and popped one open. I asked if closing was 100% and Frank said, “Ask Darlene” and she said, “Definitely 100%”.

September 11th, 2008: Dentist appointment, loading the truck.

September 12th, 2008: More loading the truck, cleaning out the shed, leave at 1:00pm to take some books to McKay’s to sell. We hadn’t had TV, news or radio for three days. We stop to get gas and it’s $4.99. We the lines of people at the gas stations if the world was ending. They said it was because of Hurricane Ike. We’re freaking out over the gas prices and traveling 2000 miles in an 8-12mpg truck at $5.00 a gallon. I run in to grab a newspaper (click each photo to read article):

Part Two of Article | Part Three of Article

September 12th, 2008, 1:40pm, 20 minutes to closing: Frank’s ASSISTANT calls to cancel closing, not Frank.

September 12th, 2008, 3:30pm, an hour and a half after closing: We meet at Frank’s office, Robert and I. We meet at Title Partners of ETN and are reassured that they are just waiting for paperwork and that closing should close by Monday. They told us to go ahead and move to Arizona, since we have the truck for 7 days, we could sign our share of the papers and come Monday, the latest, Tuesday, all paperwork should be in order. And the Buyer can sign their part then. Amy at the title agency said she’d mail all of our paperwork. She never did.

September 16th, 2008: We arrive in Arizona. Email Frank. Receive this reply:

Hi Tiffany,

Still waiting on Lender. I checked with them today and hopefully we will get the clear today and close the Buyer’s side tomorrow. I will let you know. Glad you guys made it!

So now we’re told we are waiting on the lender?, which is COMPLETELY opposite of what we were told the delay was for. We were told they were waiting on paperwork from the husband of the Buyer! If that was the case, we wouldn’t have moved. Several phone calls, emails and days later, we’re somehow conned into another closing date with the Buyer, schedule for October 3rd.

September 27th, 2008: We weren’t aware the house was back to having showings. We’re expecting a closing for October 3rd. Frank emails: “We have already put the home back on the market and have had showings here recently. We are hoping to hear good news about Janet’s loan on Monday. We are keeping our fingers crossed.”

October 1st, 2008: Frank refuses to speak to me or email me, due to the several disagreements we shared. Robert has to email him and tell him that he is at work and to email me. We haven’t made our September house payment and October’s is due now. Closing is “sometime” Friday. No answer from Frank, as he won’t tell us anything. September 30th, there’s a fight with Frank, myself and my dad, over the phone. Frank, again, fed us with “it’s the economy, the market is bad, no one is getting financed, blah, blah, blah.” My dad then told Frank, “Frank, my wife and I just sold our house for over $300,000. If you knew about this financing problem, you shouldn’t have had Robert and Tiffany move.”

We also have another offer.

October 3rd, 2008: We go through more bogus contract signing, but the deals falls through due to the original Buyer not getting financed. Now we have to worry about putting a new roof on within 4 months because of our claim with our insurance company. The Buyer was “suppose to replace the roof”.

October 6th, 2008: Finally received our money from the title agency. Do NOT ever use Title Partners of ETN. They are extremely rude. They also never sent us paperwork from the original closing, and they “lost” a set of our keys.

For two months, the house has been “off the market” waiting for this closing. Two house payments are due. When we “closed” on 9/12th, we brought $1123 to closing. Frank wanted his title agency to hold that money and “wait”. Then he had the balls to ask us to make our house payment. We had to fight and fight that title agency to get our money back. We were able to finally make our late September house payment and October’s house payment.

October 7th, 2008: In an email from Frank, he states “All earnest money will have to be disputed through an interpleder and judge at the courthouse. Janet’s mortgage lender is supposed to send me a letter regarding her not qualifying? It is probably not worth pursuing since Janet did not qualify according to her lender. You will have to be present to dispute the earnest money at the courthouse”, which is NOT TRUE. You do not have to be present.

October 16th, 2008: Buyer has inspection. He knows that the roof is good for two years, according to the roofing contractor, but backed out at inspection because of it.

October 23rd, 2008: Receive email from ReMax regarding my complaint about Frank. It reads:

Dear Tiffany and Robert:

We are in receipt of your email concerning problems you have encountered with Frank Goswitz, Sales Associate with RE/MAX Preferred Properties in Knoxville, Tennessee.

As you may know, RE/MAX International, Inc. is an international franchising organization made up of thousands of independently owned and operated real estate offices. Although the offices are licensed to use the RE/MAX® name and service mark, each is a separately owned business. Real estate sales associates work as independent contractors out of each office. Neither RE/MAX Kentucky/Tennessee, which has been granted the right to sell franchises in the state of Tennessee, nor RE/MAX International, can legally manage or control the day to day activities of either the independently-owned office or the individual sales associates who work within the office. Both RE/MAX International and RE/MAX Kentucky/Tennessee are also independently owned and operated. Nevertheless, when a situation such as this is brought to our attention, we want you to know that we care and do what we can to try to assist in resolving problems. Since receiving your letter, I have forwarded a copy of it to RE/MAX Kentucky/Tennessee for their review. If you would like to contact RE/MAX Kentucky/Tennessee yourself, you may do so at: 678-389-0100 and ask to speak with Bob Sutton or Bree Lake.

We at RE/MAX International, Inc., believe that the RE/MAX Network of offices and sales associates is the finest real estate organization in the world. Our excellent reputation is the result of a commitment on the part of each RE/MAX Affiliate to provide the finest in professional real estate services. As with any business, however, occasional problems such as those expressed by you will arise. It is our sincere hope that this matter can be amicably resolved. It is our further hope that all involved will benefit from this experience and will have improved relationships and communications in the future.

Your willingness to communicate your concerns to us is not only appreciated, but is extremely important to our organization. We are committed to finding better ways to serve the public and while we cannot change your experience, we can try to learn from it as we strive to improve our services to the public.

Thank you for bringing this matter to our attention.

Sincerely,
Barbara Addy, QSC, CRB
Customer Relations Specialist
RE/MAX International, Inc

————————————————————————————–

October 28, 2008: Received email from the Vice President/Regional Director of ReMax/Kentucky-Tennessee, which reads:

Dear Tiffany & Robert:

I am in receipt of your correspondence concerning a complaint you have involving Frank J. Goswitz, who works as a Sales Associate at RE/MAX Preferred Properties, Inc. – West.

As RE/MAX International, Inc. (“International”) may have advised you, each of our brokerages, while licensed by us to use the RE/MAX® name and service mark, is an independently owned and operated real estate office. Further, each of the real estate sales professionals work from the brokerage as independent contractors. Neither RE/MAX of Kentucky/Tennessee, Inc. (“Region”), which has been granted the right to sell franchises in the state of Tennessee, or International, can legally manage or control the day-to-day activities of either the independently owned office or the individual sales associates who work within the office.

We at the Region, along with our colleagues at International, believe that the RE/MAX network of offices and sales associates is the finest real estate organization in the world. However, as with any business, occasional problems such as those expressed by you will arise. It is our sincere hope that this matter can be amicably resolved. It is our further hope that all involved will benefit from this experience and will have improved relationships and communications in the future.

Since receiving notice of your complaint, I have forwarded a copy to RE/MAX Preferred Properties, Inc. – West for their response. If you would like to contact the Broker directly, you may do so by calling 865-694-8100 and speaking with Richard Levenson. Once I receive their response, I will forward it to you at the first opportunity.

In the interim, should you have any questions, please feel free to contact me at 615-417-3557.

Sincerely,

Bob C. Sutton
Vice President/Regional Director
RE/MAX of Kentucky/Tennessee, Inc.
————————————————————————————–
Never heard anything further. I even emailed Richard. Nothing back.

October 31, 2008: We were obligated within 6 months by our insurance company to put a new roof on, so my dad and I come back to Tennessee to replace the roof (and we come back to a mess of a house). The last inspection left fireplace dirt all over the floor; it was disgusting.

When we came back to Knoxville, all of our cleaning supplies, a table in the basement and other items in the shed were gone. We remembered that Frank wanted to clean the fridge, but we had degreaser and other cleaning products missing. We had a trash can in the house, which was full, but no cleaning supplies were thrown in there.

Frank later fired his assistant. She was a real estate agent, turned assistant, for a good reason. They were a good team, though; both unprofessional. For them to try and charge us to take care of the house and then possibly steal items from our house, is a complete break of trust.

This is another, very important, reason to ask your realtor what kind of recommendations or willingness they have to take care of your home, should you move out of state or far away enough that you may need to depend on him/her for some help. If a realtor isn’t willing to do a little bit of cleaning or replace some light bulbs when needed, don’t hire him/her. That is simply bad form.

Before we came back, Frank made it sound that if the roof was replaced, the house will definitely sell. He referred us a cheap roofer (why he didn’t refer this guy in the first place, beats me). We used Jason Ritchie (865-548-9663), who was excellent. See photo below:

December 28th, 2008: A few weeks before Franks contract is up, we have another offer. The Buyer offered $74,000, closing set for January 30th. Buyer changed his mind because he didn’t have a job and was afraid he wouldn’t receive his last paycheck from his previous job in time to make a house payment. Why Frank was even showing this guy the house, let alone have him make an offer, was beyond me.

As soon as our contract was up, we changed to Realty Executives. Robert and I moved back to Tennessee, another long story, but have a closing set for July 31st. If it falls through, we’re going to take the house off the market, which won’t be a bad thing. We’ve got a really cute house that we’ve fixed up and put a lot of money and effort into. Our house payment is low and we can wait out the tough times.

Bottom line, the last nine months to a year have been a nightmare. We would have never been in the situation we are in, should we not have moved to Arizona in September of 2008. We sold everything we owned, ruined our credit due to the move/waiting for closings, are behind on our bills and are still a house payment late. We would have had to foreclosed if it weren’t for my parents. Use caution if/when working with Frank Goswitz and please, for anyone selecting an agent, do all the research and interviewing you can.

I found several links helpful when researching selling or purchasing a home:
- How to Choose the Realtor Who Will Really SELL Your House
- How To Choose A Good Real Estate Agent
- How to Interview an Agent (This one is important! Don’t just pick the first one or have them bully you into signing with them right away. You are interviewing them; they are not interviewing you.)
- How to Negotiate Your Realtor’s Commission to Your Advantage!
- HUD Website
- HGTV’s Front Door
- Lovetoknow’s About Mortgages
- Home Closing 101

Edit// July 31, 2009:  Our home sold, closing went fine.  While we wouldn’t recommend the agent we used at Realty Executives – and Realty Executives, we were glad our house sold.  We’ll just leave it at that.