Julia McPherson, Realtor Review, Ocala, FL
Introduction:
This review below, includes information that will be helpful when working with a realtor in Florida, and is being provided here so that all buyers and sellers better understand their due diligence in real property transactions. Due diligence includes doing your homework regarding your realtor's professional and ethical background before entering into a contract. This includes investigating your potential realtor, conducting thorough inspections of the property before signing any documents, verifying the timeline that benefits you the buyer or seller, and so much more.
Ms. Julia McPherson served as the seller and buyer agent for 8719 SW 60th Circle, Ocala, FL, within Marion Landing, a 55+ Community. This is the buyers' customer satisfaction and performance assessment of our experience of working with her at Marion Landing.
Standard Warnings from the Florida's Attorney General:
Ms. Julia McPherson, Realtor, works as both a seller's and buyer's agent in the Ocala area and sometimes both. When purchasing a home and having her work as your buyer's agent, it is important to note the advice provided by the Florida Attorney General's Office website on Consumer Protection regarding Real Estate Brokers. The Attorney General has found that numerous realtors have acted legally but not acted ethically, and they have provided the following warning/guidance about such realtors:
“Even real estate brokers chosen by you to help you locate a home may represent the seller. A broker helping the buyer locate a home is actually working as an agent of the seller’s broker. Therefore they represent the seller rather than the buyer. Before disclosing confidential information such as your top offer be sure that your broker is not going to share that information with the buyer.”
In other words, don't be fooled, Ms. McPherson doesn't have to work on behalf of your best interests, she has the right per Florida law to look out for the seller and herself. It is natural to think that realtors are professional because they are licensed, but once again, we all need to heed the Attorney General's points regarding consumer protections and understand that Florida realtor's do not have fiduciary responsibilities, unless you have a separate contract. Likewise, the Attorney General has established this webpage of warnings, so that consumers don't overlook due diligence responsibilities. In my case, I confess that I assumed that Ms. McPherson had my best interests, not understanding that I should have been verifying facts and information, ahead of her administrative and contractual actions, designed to benefit the seller and herself.
PLEASE NOTE: As a buyer you can request a buyer realtor contract, wherein the realtor has allegiance to the buyer, but you must have knowledge of this specialized contract that is not normally suggested by realtors.
Foxfire Contractual Language:
Another point in working with Ms. McPherson, is the standard contract provided by the company she worked with, Foxfire Realty (she is now working with ReMax). The buyer's contract (that a buyer signs and initials) come with the following contract language:
I now know that based on this contract language, it is important for every buyer to be skeptical about their realtor when they are talking about the property. Somehow, we think that they should be knowledgeable about residential local building codes, yet as the contract states, you SHALL NOT rely on their representation. So, if they say that the roof is good (and call you to tell you twice-April 29th and May 2nd), understand, they are not qualified, and they could be hoodwinking you (a nice way of saying they are working to deceive you). On that note, it is always important to get a home inspection completed by a licensed inspector as your realtor could be using their (Foxfire) contract language and their actions/words against you. Additionally, understand that the inspector's report is not normally shared with the Realtor unless you approve such action. In my case, I did not understand that she did not have full access to the home inspection report, and she used the power of omission, which she can do legally.
Purchase Contact - Time for Acceptance of Offers and Counter-Offers; Effective Date - 04/25/2022:
Foxfire Contractual Language:
Another point in working with Ms. McPherson, is the standard contract provided by the company she worked with, Foxfire Realty (she is now working with ReMax). The buyer's contract (that a buyer signs and initials) come with the following contract language:
“The buyer SHALL NOT rely on the representation of the real estate licensees, employees or representatives as to the condition of any portion of the real property or any personal property. The licensees is not a recognized expert in construction, repair or maintenance of real property.” The contract goes on to say: “They buyer understand that any square footage, measurements used in marketing the property are understood to be estimates and not to be relied upon by the buyer.”
I now know that based on this contract language, it is important for every buyer to be skeptical about their realtor when they are talking about the property. Somehow, we think that they should be knowledgeable about residential local building codes, yet as the contract states, you SHALL NOT rely on their representation. So, if they say that the roof is good (and call you to tell you twice-April 29th and May 2nd), understand, they are not qualified, and they could be hoodwinking you (a nice way of saying they are working to deceive you). On that note, it is always important to get a home inspection completed by a licensed inspector as your realtor could be using their (Foxfire) contract language and their actions/words against you. Additionally, understand that the inspector's report is not normally shared with the Realtor unless you approve such action. In my case, I did not understand that she did not have full access to the home inspection report, and she used the power of omission, which she can do legally.
Ms. McPherson attended the home inspection, so I thought when she told me the roof was good for the next couple of years, she was stating a fact, when in reality, the report said something much different with caveats:
“This roof is near the end of its expected service life. The need for replacement should be expected within the next few years. Due to insurance companies having final say over binding coverage we recommend consulting with them before the inspection period is over as each company has unique underwriting guidelines.” For the record, she scheduled the inspection after she had the escrow deposit and the offers and counter-offers due date.
So yes, again, she stated a partial fact about the roof using the power of omission for her benefit. When I confronted her about the roof and the fact that the State Florida Legislators was (April 2022) meeting about homeowners insurance issues, she stated: "I have been busy." I found her response most interesting, as I could find that her fellow colleagues at Foxfire were marketing home with selling points such as: "the roof is only two years old."
Cash vs. Mortgage Closing:
It is also important to note here, according to another real estate professional - if we that had we applied for a mortgage to cover the house, we would have been notified by the mortgage underwriters/lenders that the house would not qualify for a mortgage due to insurance concerns about the roof. It was a perfect storm, we were paying cash, and Ms. McPherson, who understands residential real estate financing, knew that a cash deal would not catch or trigger concerns about the decaying and uninsurable roof.
Homeowners Insurance Verification During the Review Period:
Having discussions with insurance companies before our closing was one of my greatest learning experiences. "Farmers Insurance" walked me through what had to be done for them to insure the house, including hurricane clips, a special water membrane, and new shingles. A couple insurance agents just flat-out said, "No!!" Others gave me quotes that I could only describe as overstated PREMIUMS. In the end, we found a company that would insure everything but the roof, which I found fascinating. In other words, if a hurricane comes along before the roof is replaced, we are out of luck. If it starts to leak, we are out of luck, etc., etc.
Customer Satisfaction and Performance Review:
I don't mean for this to be a Scathing Review, but reviews are allowed as long as they are about the service and ethics, and not about ones' individual personality. Remember, if we didn’t have restaurant critics who would let you know about the glorious food downtown, or the bad food from a food-truck, we would not know where and where not to eat. Likewise, we want to warn you about the realtor that doesn't have your best interest at heart. How would you know if you didn't check their references? And, as I discovered, many have a way of hiding/deleting their bad reviews. Additionally, it is extremely important if you are a Senior Citizen that you get assistance before working with her, make sure you understand every step of the way, and ensure that a son/daughter, or an attorney is working with you. The process can be overwhelming, and the paperwork was prepared by a legal team designed so that you don't understand every element, as well as to protect the realtor.
Well, I know that some of you must think purchasing a home is so much different than selling your home in one of the many Ocala neighborhoods, yet, if she is willing to cross ethical lines when a buyer is buying a home, why would she use different tactics to sell your home? Please follow the Attorney General's Guidance, hire a Real Estate Attorney as needed per the contract guidance from your purchase or seller's contract to look out for you. As stated before: Ms. McPherson is not obligated to look out for your best real estate interests.
Well, I know that some of you must think purchasing a home is so much different than selling your home in one of the many Ocala neighborhoods, yet, if she is willing to cross ethical lines when a buyer is buying a home, why would she use different tactics to sell your home? Please follow the Attorney General's Guidance, hire a Real Estate Attorney as needed per the contract guidance from your purchase or seller's contract to look out for you. As stated before: Ms. McPherson is not obligated to look out for your best real estate interests.
Wishing you all a better understanding of the home buying process -
Anthony Waller
The Title:
Julia McPherson, Realtor Review, Ocala, FL has been copyrighted with the US Copyright Office for 2022, and it is owned by Anthony Waller, Case# 1-11418068613
Documentation and Document References:
Florida Attorney General - How to Protect Yourself: Real Estate Brokers, from-Myfloridalegal.com http://myfloridalegal.com/pages.nsf/main/e8282f80fba76ba785256cc9005e4324!opendocument
Foxfire Realty:
Cornerstone Inspections - Completed 04/28/2022:
Phone calls to and from Julia McPherson:
April 29, 2022, approximately 10:00 AM, - Called to tell us that inspection when fine and good news is that the roof still has a couple more good years in it. Contrary to the Cornerstone Inspection Report about insurance requirements, Inspection Report Dated April 28th, 2022.
May 2nd, 2022, AM - Called to remind about how good the condition of the roof is in and could the sellers (Mr. & Mrs. Hall) leave their dining room furniture and other items in the house until May 26th (two days after closing), as Carriage Trade Consignment (a used/new furniture store was full and could not accept their consignments until that date).
May 22, 2022, at 2:54 - 6 minutes
May 23, 2022 at 9:22 - 5 minutes Outgoing call
Text messages come in from (352) 895-0722
May 23, 2022 Text Message, “I have texted him (S&W Roofing) and gave him your contact info. He will contact you.
May 23, 2022 McPherson Text Message, “I have got off the phone with Holder Ins. They told they are writing policy’s for roofs older that 15. (352) 237-1141” My response back: I contacted Holder’s Ins. They said NO, (Cheryl Noel-Agent) wanted to know who she (Ms. McPhearson) talked to on staff. When I explained this to Ms. McPherson, she said: The person that answered the phone. In other words, she was just talking to the receptionist and not an agent at best, or lying at worst.
May 24, 2022 at 1:21 missed call, left message,
May 24, 2022 at 3:15 - 3 minutes Outgoing call - Keys/Refrigerator - She told us that she could get rid of the extra refrigerator in the garage and she stated that she would contact us once the keys were delivered to a neighbor - as described below. Ms. McPherson did not follow-up with us.
May 25, 2022 at 7:03 PM - 3 seconds Incoming call, no message hung up.
May 31, 2022 at 10:30 AM Incoming Call: She told me that I was angry and she believed it was because of something else (implying that it had nothing to do the house). She said that the review I provided to Realtor.com was scathing - (please note: I had a legal professional review what I stated about Ms. McPherson and the attorney commented: “you only gave your opinion, if every restaurant didn’t have reviews, we would not have restaurant critics." Additionally, it was stated: "I did not go after her personally, I went after her professionally").
April 29, 2022, approximately 10:00 AM, - Called to tell us that inspection when fine and good news is that the roof still has a couple more good years in it. Contrary to the Cornerstone Inspection Report about insurance requirements, Inspection Report Dated April 28th, 2022.
May 2nd, 2022, AM - Called to remind about how good the condition of the roof is in and could the sellers (Mr. & Mrs. Hall) leave their dining room furniture and other items in the house until May 26th (two days after closing), as Carriage Trade Consignment (a used/new furniture store was full and could not accept their consignments until that date).
May 22, 2022, at 2:54 - 6 minutes
May 23, 2022 at 9:22 - 5 minutes Outgoing call
Text messages come in from (352) 895-0722
May 23, 2022 Text Message, “I have texted him (S&W Roofing) and gave him your contact info. He will contact you.
May 23, 2022 McPherson Text Message, “I have got off the phone with Holder Ins. They told they are writing policy’s for roofs older that 15. (352) 237-1141” My response back: I contacted Holder’s Ins. They said NO, (Cheryl Noel-Agent) wanted to know who she (Ms. McPhearson) talked to on staff. When I explained this to Ms. McPherson, she said: The person that answered the phone. In other words, she was just talking to the receptionist and not an agent at best, or lying at worst.
May 24, 2022 at 1:21 missed call, left message,
May 24, 2022 at 3:15 - 3 minutes Outgoing call - Keys/Refrigerator - She told us that she could get rid of the extra refrigerator in the garage and she stated that she would contact us once the keys were delivered to a neighbor - as described below. Ms. McPherson did not follow-up with us.
May 25, 2022 at 7:03 PM - 3 seconds Incoming call, no message hung up.
May 31, 2022 at 10:30 AM Incoming Call: She told me that I was angry and she believed it was because of something else (implying that it had nothing to do the house). She said that the review I provided to Realtor.com was scathing - (please note: I had a legal professional review what I stated about Ms. McPherson and the attorney commented: “you only gave your opinion, if every restaurant didn’t have reviews, we would not have restaurant critics." Additionally, it was stated: "I did not go after her personally, I went after her professionally").
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