Mark,
Is your friend certain that the bottles were there right before the open house? Could they have been taken some time previously, by a “friend”, ex-wife, kid, housekeeper, plumber, etc.?
Bringing a backpack into an open house is a thing? Don’t you think that would arouse suspicion?
If you’re travelling with a kid in tow, sure. If not, yeah, pretty sketchy.
I’ve never heard of having to show an ID at an open house though, at most they ask you to sign in.
I was rather shocked at the valuables I would see though, I remember one where the seller’s watches (nice ones) were sitting in a small case next to the bed. Someone could have grabbed them in a second.
A good home-staging prop would be a big gun rack, next to the front door.
If the real estate agent was doing his/her job properly then it shouldn’t be. But it sounds like that wasn’t the case.
I know that when we go to estate sales bags are not allowed but even though that’s clearly posted people still try it.
Police report has been filed, and friend certain that wine was there before open house. He was putting some wine into boxes for me, and the Petrus was close by.
I think he is getting angrier as he realizes how many thing he was told are just not true.
Truer words rarely typed.
This sucks big time. Lesson learned unfortunately. Working with a reputable realtor and securing valuables is a must in home sales. We have sold 3 houses and only had a cheapo vase walk out once. I would box the cellar at offsite storage if showing the house again.
A lot of times the listing agent isn’t even there, its just a low level rookie from their firm who’s trying to break into the biz, and the bargain (from the listing agent) might be “cover my open houses, and maybe you can pick up some work for a lying buyer”
couldnt agree more
call the Police
seriously this is theft
Grand larceny, indeed, along with gross negligence.
Not helpful, but you’d think if the “6% limo driver” and her broker boss would be moving heaven & earth to make things right. Assuming they deal in the luxury home market, a story like this could seriously impact their business/ image.
People can be way too trusting of professional service providers—along with unprofessional ones.
The homeowner should also file complaints with the NY State Division of Consumer Protection,
Division of Licensing Services, which licenses such commercially paid drivers, the state
association of six-percent limo drivers, and the local Better Business Bureau.
Check to see if other homeowners have also had problems with that particular company.
A historical pattern of loss events would be greatly helpful to secure a settlement. Finally,
have a mean lawyer send a demand letter as soon as possible.
Believe me, when you start filing documents and loss evidence with enforcement agencies,
serious things begin to happen.
+1 This seems like one instances where the power of social media can be put to good use. Filing a complaint with consumer agencies like Victor mentioned can be quite helpful since those complaints can be seen online.
One of the problems is that he still has to sell his house. If he goes too hard after the realtor, it may impact the listing when it goes to another shop.
I think he has done pretty much all he can; the realty company will get back with an answer about compensation in the next couple of days, and he has retained a lawyer. I will keep you updated.
That shows how the six-percent limo driver industry warrants DOJ anti-trust scrutiny.
Imagine if you have a complaint about an airline flight, and suddenly find scant means to book future travel.
I would not be surprised if the limo driver agency offers a Hobson’s choice: either take a very piddling, confidential settlement for the irreplaceable wines, or continue to own the house. Wink, wink. ![[diablo.gif]](/uploads/db3686/original/2X/f/f627e009b8e3ab2f6a76c9424f1156a53afc0e3f.gif "diablo"){kind=small}
Zillow, Realtor.com, and other sites must already report the property as an early de-listing, leading potential buyers to sense it as stale, over-priced, or otherwise non-transparently troubled, crystallizing a home value loss, separate of the missing wine. Moreover, competing limo driver agencies would be reluctant to appear as poaching this listing from the original agency, for fear of retribution. Go along, to get along, to avoid disturbing those six-percent fare income streams.
Because of NAR lobbying, a FSBO sale is difficult, indeed impossible for a high-end property. >>> http://www.realtor.org/law-and-ethics/mls-access-litigation-summary .
The homeowner should not expose himself to insurance re-pricing, coverage carve-out, cancellation, or non-renewal, by submitting a sizable claim to his personal insurer, which might perceive policyholder negligence with collectible possessions
http://www.nytimes.com/2016/07/23/your-money/why-insurance-companies-dont-renew-policies.html . Instead, this limo driver agency should be primary and direct at compensating him, and only its commercial insurer should be involved. The compensation should include not just the appraised replacement value of the wines, legal fees, and appraisal fees, but also the costs of a delayed and likely lower-priced home sale.
Again, the homeowner must file a policy report, documented with bottle pictures, the pre-theft cellar inventory, and proof of the Open House events. Do not be surprised if such proof becomes hard to find.