The Property Manager Walked Away With Our Funds. What are the Options?

By
Real Estate Agent with Northern Shadows Realty, Inc. DRE# BR005777830000

notes posted on property manager's door

That is exactly the question my husband and I are asking: now that the property manager has walked away with $13,000-+ of our funds, what are the options for an acceptable solution or end result?

As licensed real estate practitioners, we are well aware that there are such things as the Arizona Real Estate Recovery Fund that is “suppose to" protect the public. Does it? Suppose to, and what is, are two different realities. We have been schooled on the sanctity of trust funds in trust accounts. They have been violated. What are the consequences?

Join me in this saga as I attempt to arrive at what is truth. I will write this developing story as it unfolds. The considerations are many; some yet to be imagined. I will address each step as it unfolds.

The background information is very important to review. It will help you understand the many variables that come into play. There are many problems that will need to be faced, solutions that will need to be addressed. I'm not schooled enough to know how to attach the backgound information, but if you e-mail me, I will forward it to you.

The biggest question I face today is: What are the options that will bring me to my desired result? What is my desired result?

The options I have considered are:

Forget about it: As the song says "know when to fold them, when to walk-away, when to run..."

Restitution: I have devoted my all to be able to have what I have. To others, $13,000 may not mean much. To me, it represents the new roof I’ve been budgeting for, the vacation I’ve dreamed of... These funds would have helped in so many ways…

Punishment: A person has to be in a very confused state of mind to outright take something that does not belong to them without guilt. I placed myself in “poor me’s” shoes, concluding that “girlfriend, you have really screwed up your life”.  At the age of fifty plusk if I was “poor me”, wouldn’t I hope for intervention that would help me re-organize my life, regain purpose and the pursuit of happiness for myself as well as contributing to society?

Another view would be that of punishment (incarceration). To over-look behavior that is socially incorrect would classify such behavior as acceptable and by doing that, the well fare of society would be compromised.

Protection for unsuspecting others: To do nothing would allow “poor me” to take advantage of other unsuspecting individuals who may or not have the capacity to face a loss of this type. Is it my duty to do something about this?

To determine whether what we are told to believe in by society and what is, are the same things. Often times, it is not. Nievely, I’ve learned that truth.

 

There are other consequences, considerations and end results that can or will occur when a property manager walks away with $13,000-+ in missing funds.  Follow this journey as I attenpt ri find out what happens when a property manager walks away with missing funds.

Posted by

Nora Sims,

Associate Broker, CRS, ABR

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Comments (4)

Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

I don't know Arizona Real Estate Law, but in Florida you would report them to the Florida Real Estate Commission and to Local Law Enforcement.   $13,000 is a lot of money... I sincerely hope you get it back.

Dec 12, 2013 12:38 PM
Nora Sims
Northern Shadows Realty, Inc. - Sedona, AZ
helping folks like you since 1978!

I wish it were that simple, Fred. I spent two plus hours at the police department three days ago and have had numerous phone conversations with the Deputy who took my complaint.

In reading the infomation available at the AZ department of real estate's web site, this will be a long and complicated process.

My husband and I are committed to following every step until all options have been exusted, not out of meaness or as a pay-back, rather because we believe in supporting the values of right and wrong. 

You'll be seeing more blogs from me on this subject.

Bye for now,

Dec 13, 2013 12:23 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Nora, What a shame that you are now dealing with this! $13,000 Is a great deal of money and for someone to just walk away with it IS a crime. It sounds like you are in for a lot of work and some added stress in your life to get the person responsible to get what they deserve. Major bummer!

Dec 29, 2013 09:48 AM
Nora Sims
Northern Shadows Realty, Inc. - Sedona, AZ
helping folks like you since 1978!

Yes, Cindy, the only way I can look at it in a positive light, is to consider this a learning experience. That is why I am blogging on the subject, but don't seem to be getting much feed-back.

I've gotta figure out what I'm not doing right.

Thank you for your encouraging comments.

 

Dec 30, 2013 07:18 AM

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