Hom Sotheby's International Realty- Patsy Gamble

Dept. of Real Estate, Enforcement 320 W. 4th St., Ste. 350 Los Angeles, CA 90013-1105 2549 Eastbluff Drive #207 Newport Beach, CA 92660 July 23, 2013 Dear Dept. of Real Estate, I am writing to request that HOM Sotheby’s International Realty reimburse me for $1401 in escrow cancellation fees, home inspection and appraisal fees because one of the company’s brokers, Patsy Gamble, and her client, Scott Sprick, lied on the Transfer Disclosure Statement (TDS) by checking “NO” to the following questions: II. Seller’s Information (B) Are you (Seller) aware of any significant defects/malfunctions in any of the following? (C) Are you (Seller) aware of any of the following: 16. Any lawsuits by or against the Seller threatening to or affecting this real property, including any lawsuits alleging a defect or deficiency in this real property or “common areas” (facilities such as pools, tennis courts, walkways, or other areas, co-owned in undivided interest with others) Despite an initial commitment letter to us on this property, our lender, Bank of America, ultimately declined the loan after one of its loan officers discovered that there was in fact a major lawsuit filed by the Harbor View Knolls Homeowners Association (HOA) to which this property belongs. Bank of America refused to make the loan until the litigation was settled. As a result of this concealment by both seller’s agent Patsy Gamble and the seller himself, Scott Sprick, my husband and I incurred the following expenses for which we request reimbursement by HOM Sotheby’s International Realty: Escrow cancellation charges: $674 Appraisal: $447 Inspection: $280 Total: $1401 Patsy Gamble, for her part, has herself been a homeowner in the Harbor View Knolls community for many years (almost 20, I recall her saying). The seller, for his part, and his parents prior to their death, have been homeowners in this community for nearly 30 years. There are only 64 units in this HOA, and all homeowners are privy to the minutes of HOA meetings as well as to all financial issues related to the HOA. I have provided the following documentation to support my request: a. Residential Purchase Agreement dated April 5, 2013 (delivered April 6, 2013) b. Seller’s Transfer Disclosure Statement dated April 8, 2013 c. letter from Harbor View Knoll HOA lawyer to Bank of America mortgage loan coordinator Christel Pearson dated May 17, 2013 describing law suit d. copy of the complaint filed on behalf of HOA against Millennium Building Services dated October 4, 2013 e. email dated May 17, 2013 from HOA-retained attorney Robert Ward, Burdman & Ward, San Diego to me providing a copy of the litigation report prepared by expert Ernie Orchard f. letter from me to Patsy dated May 19, 2013 (sent as email attachment) requesting explanation of the litigation g. Bank of America rejection email due to litigation dated May 22, 2013 h. cancellation of contract, release of deposit, and joint escrow instructions dated May 21, 2013 i. Versal Settlement escrow letter calculating the refund of our deposit, less cancellation fees j. copy of Versal Settlement check refunding remainder of deposit k. copy of canceled check for home inspection done by AmeriSpec l. Bank of America credit card statement showing charge for appraisal I appreciate your attention to this matter very much. I have informed Bank of America and our broker about my filing of this complaint. Best Regards, Witnesses: a. Christel Pearson Mortgage Loan Coordinator NMLS # 491659 Team Purpero 1 Park Plaza, Suite 500 Irvine, CA 92614 Tel. 949-474-8841 Christel.pearson@bankofamerica.com b. Ryan Purpero (same address as Christel Pearson, above) Senior Mortgage Loan Officer NMLS ID: 68409 Office: 949-474-8832 714-418-7897 Ryan.purpero@bankofamerica.com