Consumer complaint received 2021-10-20
Company: REMAX
State: OH
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
Wednesday XX/XX/2021, me, XXXX XXXX and my real-estate agent, XXXX XXXX went to go look at a property XXXX XXXX XXXX, XXXX Oh XXXX, around XXXX XXXX. After looking at the property I placed a bid on it, that night around XXXX I received a call from XXXX saying that they accepted my offer. Thursday morning, I was sent the sales contract in the form of an email to doc-u-sign. I signed the contract and sent it back to my agent. Everything was going good, closing date was set for XX/XX/2021. Thursday around XXXX I dropped off my cashiers check of {$1000.00} earnest money to hold my spot in really purchasing the home. When I was dropping off the check to my agent at her house, she read out a text from XXXX XXXX, the listing agent stating that She only picked me for the property because our pre approval was with XXXX bank, and she knows the lenders there really well. 
The real estate agent, XXXX XXXX was mortgage steering. I the buyer, XXXX XXXX had a pre-approval letter with XXXX Bank. On Wednesday XX/XX/2021. I placed a bid on the property XXXX XXXX XXXX. XXXX OH, XXXX. Wednesday night, XXXX XXXX, the listing agent had accepted that offer. On Thursday XXXX XXXX, the homeowners and myself had all signed the sales contract. Also, on Thursday evening I gave XXXX XXXX my {$1000.00} earnest money in the form of a cashiers check. Thursday evening, I had explored my options of different mortgage lenders. I work at XXXX XXXX Bank and they had some good benefits for me if I went with them to do my mortgage loan. I had brought this up to my real-estate agent, XXXX. XXXX then called the listing agent XXXX and told her about how I was thinking of getting my loan through XXXX XXXX now instead of XXXX Bank. XXXX flat our refused for me to use XXXX XXXX. She was discriminating against me based on who I wanted to use for my mortgage loan. She said that if I do not go with XXXX Bank, then I would not be allowed to purchase the house. Nowhere in the contract does it state that I had to go with XXXX even though that was who my preapproval was with. In no way did I breach contract. I was still getting a conventional loan, 3 % down payment, sellers pay {$3000.00} towards closing cost, and closing date was XX/XX/2021, all per the contract. All though Thursday night and into Friday she insisted that I use XXXX or she was going to file for a release of contract because I had breached that contract by not going with the mortgage lender that she personally wanted me to go with. After XXXX was saying all this stuff my agent XXXX was agreeing with her and saying, yeah, I can get them to go with XXXX. XXXX admitted out loud that she made us get a pre-approval letter form XXXX bank, because she has a relationship with the loan XXXX from there. I had multiple phone conversations with XXXX all through out Friday. XXXX had an attitude the whole time during these conversations, stating that she was very upset with me that I was switching lenders and that she did not want to deal with me anymore. Come Saturday I receive a call from XXXX co-worker XXXX XXXX. XXXX XXXX was telling me over the phone that XXXX XXXX in no way was going to sell me this home if I did not go with XXXX bank. XXXX was trying to convince me to just go with XXXX even though I stated that was not who I wanted to go with. I receive a text ( pic below ) from XXXX later that night after our phone conversation, stating that he was going to work on this case for me and figure out my legal rights and told me to continue the financing through XXXX XXXX in a timely manner. Then I received a long text form XXXX on Sunday around XXXX, ( pic below ) stating that the listing agent, XXXX has sent over a release of contract. The release is pictured below. The release states that I release my interest in purchasing the property and the contract becomes terminated. But I was still interested in the house and I did not want to sign that release. After these texts, XXXX called me, and we talked about how I did not want to sign the release because I was still interested in the house, I was just worried about my {$1000.00} XXXX money. He strongly advised me to just sign the release because there was nothing he or I could legally do at this point, because I was in the wrong. On the phone we both agreed to wait until Monday to sign the release, so that way I could figure out my legal options on what I could do. That phone call was around XXXX. At around XXXX Sunday, my fianc XXXX XXXX called the listing agent, XXXX on the phone, all XXXX did was yell at him and she was being very rude stating that I breached the contract. And that I should have watched videos on how to deal with first time loans and that I should have read the contract better and I should have not changed who my lender was. The she hung up on him. That same night at around XXXX I receive a text ( pic below ) from XXXX stating that he sent me the release to me in email form. He went on about the listing agent and sellers being extremely unhappy about waiting to sign the release on Monday. He also stated in the text that they are growing aggerated and if I did not sign the release that night, then they would present their options of damages and recissions of return of my earnest money. He stated that my earnest money would be tied up for 2 years before I could even think about getting it. After that text I became very aggravated and upset and had no clue what to do. I had no time to make an accurate decision and I had no time to figure out my legal options. After about 20 minutes of crying I went ahead and signed the release paper, only because I felt financially pressured into doing so. And I felt threated to do so. Not knowing any of my rights, they just made me sign the release without letting me think about it. Come Monday morning, I receive a text from XXXX saying that the listing broker had not even signed the release form yet. But I was forced into signing it Sunday night. Also, the property was listed back on the market before I even signed the release, Sunday night. On Monday after work, I went to pick up my {$1000.00} earnest money in the form of a check form XXXX XXXX. I did not cash this check. After picking up the check, I receive a text from XXXX stating that he talked with XXXX XXXX the vice president legal services of the Ohio XXXX XXXX XXXX and she said that the buyer has the option to switch lenders even though its different than the pre-approval as long as there is not specific verbiage in the contract and as long as none of the conditions/terms of the contract were changed. Which they werent in my case. After hearing that news and hearing form my loan officer XXXX XXXX with XXXX XXXX, XXXX advised me to resend my release and state that I was still interested in buying the home and I was forced to sign the release form. So, Monday night, I sent out an email ( listed below ) that I was resending my release. I sent this email to, XXXX, XXXX, XXXX, and XXXX. No one replied and they all acted like I did not even send it, besides XXXX. As of today XX/XX/2021, the property if still listed on the market as an active property. XXXX my loan officer is containing on with the financing for this property so everything can be done in a timely manner based on the contract. 
During all of this I had two witnesses. XXXX XXXX and XXXX XXXX. 
After all of this happened in the span of 5 days, I am just feeling extremely defeated. I really wanted this property to become my new home. In no way did I breach my sales contract and in no way did I do anything wrong in this whole situation. I am just so unhappy, and I feel like there is nothing I can do about any of this. It is so heartbreaking to know this was my first experience with buying a home. I am just at a complete lost and I want something to be done about my situation, so that it does not happen to anyone else. 

Thank you all so much for taking the time to investigate my case. 
I really appreciate it. 
XXXX XXXX

Company response to consumer: Closed with explanation