JJ
John Jackson
Apr 24, 2018
I am the owner and broker-in-charge of Do Good Real Estate, LLC in Wilmington, North Carolina. I was hired by Christine B. Byrd, a veteran real estate broker and former REALTOR of 16 years, to list her home for sale on the Cape Fear multiple listing service (“MLS”). Ms. Byrd's license was inactive and I was unaware of Ms. Byrd's prior real estate experience at the time of listing, at contract and upon settlement. In Ms. Byrd’s 16 years of real estate practice, she listed 82 properties for sale. Ms. Byrd paid me $499 to list her home and we executed a limited service listing agreement on 11/13/2017. The listing agreement stipulated that my responsibilities were to list the property in the MLS. I was not to be involved in meeting prospective buyers, negotiating, arranging closing or providing any other service. The listing agreement also offered 2.5% commission to any cooperating real estate broker.
A cooperating buyer broker with Century 21 Sweyer & Associates located at 1612 Military Cutoff Road, Suite 200 in Wilmington, NC produced a ready, willing and able buyer and the offer to purchase was accepted by Ms. Byrd and a contract was formed, dated 11/15/2017. On the day prior to closing (after 7pm), the Broker-in-Charge, Clinton Howlett of Century 21 Sweyer & Associates, contacted me to inform me that the seller, Ms. Byrd, was unwilling to pay a commission at settlement that was to occur the next morning at 9 am.
Immediately following my phone call with Mr. Howlett, I contact Ms. Byrd at approximately 7:30pm to discuss her contractual obligations to pay the agreed upon commission of 2.5%, stipulated in the listing agreement. She acknowledged signing the listing agreement and that a commission was due. However, Ms. Byrd told me that she would not close if the commission were not removed from the closing statement. Following this call, I contacted the closing attorney, Roger White an associate attorney of Eugene B. Davis Jr., P.C., to halt the closing or to hold the disputed funds in escrow. Mr. White told me that he would not halt closing or hold the disputed funds in escrow and instead the transaction would close without payment of the 2.5% commission due to Century 21, totaling $4,875 of which I am still liable to pay.
I requested the name of the title insurance company and the closing attorney would not release the information. The title insurance company, A Southern Land Title Agency, LLC, was aware that commissions were due and did nothing to stop settlement or request to hold the commissions in escrow. Ms. Dorathy Black's is the owner and agent of A Southern Land Title Agency, LLC and their main office is located at 200 McCaskill Rd E, Suite B, Pinehurst, NC 28374. However, A Southern Land Title Agency, LLC rents a room within the Buyers Agents office, Century 21 Sweyer & Associates, for Ms. Black’s Wilmington office. This also happens to be the same office building as the closing attorney, Roger White of Eugene B. Davis, Jr., P.C, who is the attorney that conducted the closing. Ms. Black’s failure to perform her duties caused me harm in the amount of $4,875, an ethics complaint filed against me and my company for failure to pay a commission, time, energy and mental anguish associated with pursuing this matter.
A Southern Land Title Agency, LLC
1612 Military Cutoff Rd Suite 200
Wilmington, NC 28403
Century 21 Sweyer & Associates
1612 Military Cutoff Rd Suite 200
Wilmington, NC 28403
Eugene B. Davis Jr., P.C.
Attorney at Law
1612 Military Cutoff Rd, Suite 301
Wilmington, NC 28403