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  • Report:  #2584

Complaint Review: Disera Realty - Joliet Illinois

Reported By:
- Plainfield, Il,
Submitted:
Mon, July 03, 2000
Updated:
Sat, March 30, 2002

Disera Realty
Essingtron Rd Joliet, Illinois, U.S.A.
Phone:
815-744-5700
Web:
N/A
Categories:
Realtors

I entered into a contract through Mike Lofky of Disera Realty to purchase a 2-unit apartment in Joliet, IL. At the time I was presently remodeling a 2-unit that I had. One evening I came home to find a picture of an apartment and Mike Lofky's card attached to my back door.

I went a viewed the unit and decided to enter into "Residential Real Estate Sales Contract" with Disera Realty to purchase this property. During the signing of the contract I asked Mike about the return of my earnest money, he stated that the only way it would not be returned is if I had "cold feet" and decided not to purchase.

During my walkthrough I opened the door of the furnace and it almost fell off and soot fell out everywhere.

Mike Lofky commented that the furnace was in good condition and had been recently cleaned.(a lie)

Mike told me of a situation of an apartment that he owned where the furnace was very old and sill working, He called it the "octopus."

My mistake he was not making the contract contingent on an inspection of the property.

Later I contacted Mike and told him that I would like an inspection on the furnace.

His response was that I would have to pay for it. During the inspection many things were found defective with the furnace.

1. Pressure gauge not working

2. High pressure control not cutting off at lowest setting

3. Boiler is dirty and needs to be cleaned

4. Boiler door needs to be cemented

5. Gauge glass set has leaky gasket

These were all taken off the report issued by the furnace company.

I contacted Mike on Nov 7, 1995 and informed him that for the contract to go forward $5,000 (estimate from furnace company to replace) was to be removed from the selling price or the furnace was to be replaced. Mike's response was to offer me a home

owner's warranty which I refused. I then stated that the contract was to be canceled and my earnest money to be returned. It is now July 3.2000 and I still have no money from the

contract.

I have sent two certified letters to Bonnie Disera, tried to talk to her at her office to get my money returned. Her only statement is that repairs were made on the furnace for a cost of $60.00. I have followed section 18 of the Residential Real Estate sales contract by sending her and the previous owner certified letters. The only response that I ever received was the previous owner contacting me and wanting to split the earnest money. Bonnie Disera signed for her letter, there were three attempts to get the seller to sign for their letter. I have the receipt stamped by the post office. They were refusing delivery.

While securing the loan at a local bank the Chief loan officer mentioned that Mike Lofky had visited him and informed him that there were several other contracts, some higher and some lower. There were plenty of buyers.

I also received a phone call from the previous owner requesting that I split the earnest money with him, this I declined. If he offered me money, he must have felt guilty he was wrong?

I feel that the property was misrepresented at the time of sale and that Disera Realty never intended to return my money if this problem was discovered.

I have heard statements from other local real-estate agents about Bonnie Disera's loosing checks and how that none of them will enter into a contract with her company.

I was told by 2 other Realtors in the area that Disera Realty has done this before to their clients, never returning deposits.

Just after I refused to buy the home, it was sold to someone else! So why not refund our money, I'm sure they did not turn the money over to the sellers who were misrepresenting the property to begin with?

The BBB wanted to charge me to file a report with them, I would not do that because they were never any help in the past.

Bonnie, I would like my money returned plus my cost and aggravation!

$300.00 - Securing financing from bank

$200.00 - Lawyer fees

$500.00 - time wasted dealing with you

$1000 - total expenses

$1000 - earnest money deposit paid

$2,000 NOW DUE

Mark

UPDATE: 7-20-00 In a taped phone conversation Bonnie Disera stated, "I spoke with the police, they said if anyone pickets at my business, they will be arrested."

We then told her, this is a constitutional right in the United States, you mean to say the law is different in Illinois? Bonnie then replied, "I've been selling homes to the police

here for over 30 years."

Bonnie, you mean to say the police will violate the law of the land for you? ...

Bonnie then hung up the phone.



3 Updates & Rebuttals

#20

Sat, March 30, 2002

A BUSINESSES BEST COVER is to Join the BBB


EDitor's Comment to the above apology ..it's Bogus!

#30

Sat, March 30, 2002

badbusinessbureau.com investigated this Rip-off Report back in July of 2000. The victims report and numerous telephone conversations with both the victim and Diarrhea Realty , shows that they were in fact victimized, and is only stating this because of pressure from Disera Realty.

The victim and his father both picketed the Realtor in front of their business and in front of advertised Open House showings on the weekends. Why the victim is now apologizing is beyond me.

If Disera Realty is threatening a lawsuit, it's bogus and would be thrown out for being a frivolous. If the victim has a lawyer that is telling them to file such a false retraction on the Rip-off Report, the victim then needs to get themselves a new lawyer. The law is clearly on the victim's side. The Realtor knew all along that they can even file a REBUTTAL, and in my opinion they have not done so, because they would only be digging them selves deeper into a bigger lie.

According to the victims, the realty company paid then their money that was due. back in 2000. The victims even sent the Rip-off Report a donation!

The victim told the truth. As you can see, the victim does not come out and say, he lied.

oops! Someone just checked Lycos search engine and Disera Realty was number one and number five result included Disera Realty on the Rip-off Report.


Mark

Minooka,
Illinois,
Apology

#4Consumer Comment

Fri, March 29, 2002

This is to recant any negative connotations towards Disera Realty and their
Professional Real Estate reputation in my previous posting. I am offering my sincerest apology to Bonnie Disera and the members of Disera Realty for any problems which may have arisen from any negative information regarding Disera Realty.

I became frustrated with the situation and I used poor judgment in my actions.

Mark Dilday

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