Complaint Review: Remax realty plus. - Chandler Oklahoma

Prelude In July of 2014 me and my wife bought a house thought Amy miller, However I was just a trick for my wife eligible to get house in a divorce. I never was able to live in it, sadly to say. During the divorce negotiations, April 2016. I had Amy miller her appraisal for me buying the house where she said 30k. However it ended up that the house had to be listed, with a realtor, since my now ex-wife also wanted to use her we gave her first chance at listing and agrees to take the listing. I did really wanted to buy my Ex-wife out on the house but to make it fair I was told it had to be on the market. We get an offer of 32k which would be just enough to be consider, fair.  However the buyer reneges this as where Amy Miller turns on me and I have a problem with services, Even worse the house went to close where I did not receive payment base on the parchment agreement but base on a reduce amount.

 

1.            July 2016, Derek Kirchinger agree to list with Amy miler using her own stander Contract, to list a house commonly Known as “208 S Blaine, chandler Oklahoma.  However she Did not disclose that I did not have to follow through with closing on house since It was a much lower offer than the Buyer originally offered by $1,000. In fact she did the opposite of that include threats of commission anyway and be having to pay for buyer to get another house. This has left me with Ultra Extreme Mental anguish where I think about lack control every day I have Extreme Post-traumatic stress disorder.

 

2.            Refuse to put the house back on market despite the buyer reneging on the 32 K offer. I also ask for it be back on market. Several times by phone call and buy Email I also ask Amy Miller and the divorce Lawyer at the time Zack privet for me to be able to buy her out on the house. I ask her sever times by Phone call, Text, email to put the house back on market or get off listing or have me buy my Ex-wife out which she refuse and instead her investor she found get a Low ball price of a thousand less on house. I have email her before and after closing about this many times.

 

3.            Listed the house later than listed agreement stated and only listed the house for 4 days then took off the market, instead low offer form an investors she told me put it on market when first contacted her making it on market MLS listing much longer. Even more so the offer was an offer that was a contingent on investor getting a mortgage so should not been unlisted.   

 

4.            I Ask to buy my ex-wife out on the house for same amount if not a little more, especially since was part owner and only have to pay half. I end buying a different house by the end 2016.

 

5.            She sent the Purchase agreement to title company but had them process it for the lowball amount of 31k vs 32k or 35k what I counter offer when the buyer reduce.  I counter offer 35K when then brought up and inspection.  By Law the realtor must summit ALL offers to the seller.”Violation of the “Present all Offers LAW” ----- because she felt I was dumb and speech problem.  Now I have to live in a house with and leaking roof that very hard to climb.

 

6.            The original offer was ALSO a soft offer base on a contingency of the buyer getting a Mortgage with him full rights to EMD back. There for as per listed agreement it should have been listed the Whole time. However with change mine should been paid the Earnest Money Deposit and submitted the original offer, of $32,000 not $31,000, there also was a issue of termites she put in the contract. I ask her about this she said all offers are that way which is Lie and again I should not even accepted a offer like that nether under Oklahoma law or Michigan law is contingency mandatory.

 

7.             Amy Miller, Made false claims that I did nothing to house, despite the fact I replace the heaters, replace window glass, repair and replace light fixtures. Clean the carpet, paint the whole outside, snake the drains, took down cable rapping, Repair bathroom vanity, cut the excess grass, cut bushes, put on deadbolts, replace and rebuilt lights, painted house, left working appliance, include AC worth thousands,  all while going through a divorce. Even more so MY EX-wife was able to live in house with child, make the house “class” above any house that would be consider fit Vs house with “no certificate of occupancy” housing. Additionally a very hostile Department of human service was involve in child life at different points and did not condom the house. Her motive make house not look as value worm her way out paying this is Deformation and Makes me look like a lazy bum. Also base on home inspection that show house was worth more despite have a lot wrong with it.

 

8.            She ask us to do a home inspection but never told us the price can be negation base on this, or it list of stuff to have done for it has value when you sell it. So I no choice but to assume the inspection would be worthless. She keep trying to use the home inspection to talk us out buying and buy one with a mortgage instead, for she will get a bigger commission.

 

9.            Also have even Made me feel dumb and like Fool taking her(Amy Miller) and my lawyer advice Zackary pivot by singing paper work at closing. She repeatedly poke fun at me and blame for signing closing paperwork. This has left me emotionally traumatized.  I have to live with this every hour and many times get stomach ache from it.

 

10.          Sent Derek Kirchinger 11 Emails on 7/26/2016 between 6:11 Pm and 8PM of how should just take a lower offer than the Original offer this has cause me Extreme Emotion distress when It would be simple to put house back on Market rather using manipulation for her investor would get the house.

 

11.        There was no notice of other offers until the her investor person had has offer accepted, who did reneged on price of 32k was below new construction value it is very usual, customary and reasonable to ask each person for Highest and best offer this was never done.

 

12.        At the time there was reference of the next highest House in town was $45k and had sunken floors clearly not livable condition.

 

13.        Zack Provitt, Amy Miller with ReMax, and America Eagle were paid by me directly or (from sale of 208 S Blaine) and hire by me to give Professional advice. But gave Me Distress and Lie to have the house sold to an Investor, where If would bought the house I would still had to pay these entitys.

 

14.         Amy miller and American eagle chandler – back in June 2014, I “Derek Kirchinger”  bought a house know as 208 south Blaine in chandler with money I had before marriage however no one at the title company tell me this in not a dowry or that in improper to disclose marital status on a deed or do I have to put my wife name on it.  I was never reimbursed, for this house buy cost. Also never disclose Oklahoma NOT a “dowry” state unlike Michigan where in Oklahoma the deed determines the Ownership in a divorce. This should been Inform by her or the title company since use an attorney opinion. The title company attorney should notice this. Michigan Public Act 378 sine by Governor rick Snyder has since abolish it.

 

15.        August, September 2016. There refuse to supply a HUD showing how the proceeds are to actually paid out.  I received a check for 14,171 and a HUD that was a braking down of buyer cost only. But it does not show how the 28 thousand was split.

 

16.        I was told by the closer at Abstract company/title company, at  the closing that I can take check for $14,171 or she just will have my divorce lawyer sine for me and I can figure out how to get my half of the money apx (28k) from my Ex-wife and that why she not making a divide HUD. This was Force SALE thetas false power of attorney. Found out latter Amy Miller Had a letter for a reduce Price from My Attorney Zackary Privet. Made false threats if did not close that I would have to pay out buyer that “actually back out of first deal”  I found out I would not legally have to after sadly only wards “Due to her failure of Discloser” because the buyer back out first offer.

 

17.        As I walk out Door of title company there laughing and making behind my back we and said we show them the check there sine every time. This made the flash back worse to that day.

 

18.        By law and OREC, and Federal law says 72 hours, before closing all parties have to be given closing papers to review and agree not the last moment for realtor can panic sale.

 

19.        She has lied to HUD-903 and board of Realtors despite an ethical responsibility would have been found by them guilty of deception and frailer of discloser.  The Board of realtors did say to me last oral phone call said it breach of contract issue. Amy Miller of ReMax Reality plus, told board of realtors I just mad at money I lost in divorce.  I have every reason to know DEREK Kirchinger was taking advantage off Due to speech handicap, Learning disability, Is Father who has to pay child support, Amy Miller has received child support herself there for Bias. Also has Derek Kirchinger has work with OKDRS and MRS to find employment.

 

20.          She Instead I up the price on and offer when we bought house in 2014 and bring down price when we sold it in 2016 both times I was the sucker.

 

21.          I asking that the other side not be allow retaliating and any way Under the Whistleblower protection act. I also asking that major publication be Made of this deception for others can come forward who deceived by Amy miller and her investors with title works with.

 

22.          Insist a falsification of appraisal “which was still $1000.00 than buyer paid” the HUD clearly shows the buyer was able to borrow or talk out a loan of 37k far more than that paid for the house.

 

 

23.          I she has made an email about her safety when I never made a threat all. This is for her to scare me out seeking help, I never made a threat all of these false allegations need to stop and should be retracted. 

 

24.          She Buddies with My ex-wife and her parents and I never was Allow to put in any offers and Made fun of Speech as she refuse phone calls. Discrimination against a Displace Divorce Male and made hard to see My daughter, Also Speech handicap.  She has had call me ex-wife telling her about how rip me off, and Amy miller wanted my Ex-wife tell me to forget it how I got rip off and stop Sending Emails complaints on how I got rip off. ALSO Have gone to My Ex-wife family to Post counter reviews just bulling and aggressive sales tactics, to dilute my reviews (Amy miller) self look good.

 

25.          Amy Miller claim to use Mark J. PORDOS, PLLC, by Mark J. PORDOS who have an address of 814 Manvel and Zachary privet [The decree divorce lawyer I use] has address of 808 Manvel same side of street there no land space between offices.

 

26.          AS the court to place a temporary injunction on all sales by persons, party and Address reference in this petition.

 

27.          I asking that this case to be heard despite time frame. I sit on going as loses have still have not been recovered.  There have been newer issues of bulling to for her to scare me and prevent filing in timely matter.  The new inform on how the contract has was not fulfilled.  This has case me extreme Displacement and left me poor for life, long condition though lost funds and emotion stress “as still think about it”. There New and unknown methods to me until recently methods of dishonest by realtor in unethical way in a transaction. It is clear if Know Everything I knew and understood Now I would Of never even show up closing and sing the closing paperwork. This is because of frailer of Disclose and had to be learning after the fact. I have sent the Emails asking for money or be putting back market as soon as few days ago.

 

28.          Zachary Privott, sent a Attorney at law firm letter head Letter, to Amy Miller saying I would take the 31K offer and gave me poor advice to close on the house when I ask he to put back on the Market 8/4/2016 however I still think he was trick but he refuse to admitted to it out of embarrassment. During the singing of the Divorce Decree gave me terrible rights to the child. Zachary Privott was very insisted the house get sold and I lose right to Child If he had mis-read the decree he could done a Motion to Modified on Error which he refused. There was the Maximum of on two weakens a year Verses two Weeks. There other factors that were redact such a Anna getting Sole custody, and 45 day notice and have to get a hotel which would cost more money not deducted from child support.

 

29.          I call sever other realtors to list but since it has a listing agreement with Amy Miller it was refuse, It was under listing contract with Amy miller which made it difficult. I ask her 7/26 7/28 and 8/4 to put the house back on the market or off the house sale for It can be listed with another realtor and she refuse.

 

30.          REMAX corporate headquarters has been contact by mail, phone call, however with reply by phone they ask me to file with board realtors and HUD903. There offer No other help.

 

31.          To far TIMIMG §12-93-4 An action for the recovery of real property not hereinbefore provide for, Within fifteen (15) years.

 

32.          §59-858-360

A. The duties and responsibilities of a broker specified in Sections 858-351 through 858-363 of The Oklahoma Real Estate License Code shall replace and abrogate the fiduciary or other duties of a broker to a party based on common law principles of agency. The remedies at law and equity supplement the provisions of Sections 858-351 through 858-363 of The Oklahoma Real Estate License Code.

 

B. A broker may cooperate with other brokers in a transaction. Pursuant to Sections 858-351 through 858-363 of The Oklahoma Real Estate License Code, a broker shall not be an agent, subagent, or dual agent and an offer of subagency shall not be made to other brokers.

 

33.          The house could have been use as leverage in custody dispute making it lot more easier, I only received a check for $14,171, just before sinning the closing paper work and nothing after making finding a another house harder and seeing my Daughter.

 

34.          Amy Miller and the title company Process the HUD for 31,000.oo to proof the cheat. when there knew I did NOT agree to it.

 

 

35.          Derek Kirchinger would be claim capital lost do to cost, approximate  lawyer cost JD -3k ,DC-2k,bp-5k nb-10 mr -9k zp -5k filing and mailing -1k house buy cost -23k trip cost -15k, Maintenance and repairs, taxes -2k. Recovery from sale 14,171 and more recovery will be reducing this capital loss. Total loses -60.859k this is to be claim for 2022 ending. Will be call 208 Blaine, chandler OK 74834. With real cost bases of 75030.

 

36.          Zackary Pivot, Amy Miller, and the Title company claims there got my name off those and pay me pennies on dollar for that I out. Have Laugh in my face using trickily and change of documents. Zackary Privet also never have a made a affidavit that he has never work with Amy miller or title company on any other issues besides Derek Kirchinger house 208 S Blaine.  

 

37.          There also was no need for a reduce offer the Investor that she refuse to put house back on the market for sold the for $73,500 within a year I see no permits on repair public record. Making the $31,000 extreme lower offer. This found out 8/6/2022

 

38.          This is serve last known address. REMAX reality plus 906 E 1st ST Chandler, Ok 74834, There also now a 816 E 1st St Chandler, OK 74834 Mostly likely there trying to Hide out or doge service, or REMAX 5075 S Syracuse St, Denver CO 80237 also new listing 816 E 1 St, Chandler, Ok 74834

 

 

39.          The Proactive order filed by Anna Ellison Should be consider harassment and be dismiss,  Please see Motion dismiss Proactive order filed in the Proactive order. PO-2020-83 all Cost attorneys fees $6700.00 plus court trips and pain and suffering should be awarded to Derek Kirchinger via judgment.

 

40.          Amy miller and REMAX CORPORATION, Should be liable for improper Marking the house and long term trauma and emotion stress cause Derek Kirchinger legal fees should be awarded

 

41.          McDougal Michael Allen, Fox-Mc Douglas, Tim Deanne list, as current owner may be force to have all transitions on house reveres.

 

42.          Johnson, Jacob Johnson, Courtney, Extreme Fraud and work with benefited from the fraud pay the $1000.00 to Derek Kirchinger

 

43.          Zactory Privott - He sent a letter without permission, what he knows about have to sing admen agreements in real estate, He claimes to do both family law and real estate under his legal practices listings, Therefore the 31k was never validated. Also should withdraw from all cases that involve Derek Kirchinger including FR-2016-41 Lincoln county C-2017-9 board of realtors. AS per phone conversation May 1, 2023 9:23am I had with Zackary privet, He refuse to withdraw from and case but he did it was agree he won’t represent me in any way I asking he withdraws from all cases. Also he made threats of Summary Judgment and he can evade any fair herring or trial.

 

44.          American eagle Title Company –Improperly processing a sale, making threats, false police report.

 

45.          Blair pepper –witness that I intended to buy my wife out of 208 S Blaine house. If shows up and testifies will not be liable.

 

46.          Anna Ellison- Dismissal of the fibrous Proactive order and house buy cost, all attorneys cost spent on the Proactive order and related items.

 

47.          Anna Ellison has not done any visitation over a year with My daughter despite it being even at low rate in filed divorce decree this make the title company, realtors and house buyer reasonable especially since that got one heck of a deal. What Amy Miller calls a “Divorce sale”. I asking them Pay a reasonable bond lost visits.

 

48.          DAMAGES Include but not limited to: Lower offer on House, $1000.00 I did a counter offer of $35,000 vs what it sold for of $31,000. Derek Kirchinger unable to look and have to think of this dally and having flash backs, Divorce loses on House $11,250.00 and legal fees trips, child loose from the divorce over $100,000. Should be held reasonable child visitation loses cost, cost of buying a house in the same shape as the one sold base on inflation and interest I also pain and suffering just from Amy miller badgering me I have thought about this every day like it yesterday and it many years later. Interest should be prejudgment interest rate or about $2000.00Divorce legal fees/attorney and pain and suffering, lost of income.

 

49.          ALSO clearly guilty of the Oklahoma Statutes

Title 15.

§15-761.1. Liability under Consumer Protection Act. 15 OK Stat § 761.1B. (1) whether the violator knowingly or with reason to know, took advantage of a consumer reasonably unable to protect his or her interests because of his or her age, physical infirmity, ignorance, illiteracy, inability to understand the language of an agreement or similar factor; (2) whether, at the time the consumer transaction was entered into, the violator knew or had reason to know that price grossly exceeded the price at which similar property or services were readily obtainable in similar transactions by like consumers; (3) whether, at the time the consumer transaction was entered into, the violator knew or had reason to know that there was no reasonable probability of payment of the obligation in full by the consumer; (4) whether the violator knew or had reason to know that the transaction he or she induced the consumer to enter into was excessively one-sided in favor of the violator.