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My name is Brittany Rice, Realtor of Monument Real Estate. I just represented a family as their Buyer's agent on the purchase of a DR Horton property in Whispering Springs. Address is 35470 Grovemont Drive.
My broker, Trent Anthony, received a text message from Jeffery Chauvin on September 26, which I will attach below. The message indicated that a 6% commission was being offered to Buyer agents on DR Horton homes if the home closed before the end of 2023. Trent shared his message with all agents in my Brokerage. The message stated that the commission would be given to "ANY DR Horton home that can close by the end of 2023."
I also reached out to Alyson O'Leary, and asked if she had the same incentives. Alyson confirmed that she had the same incentives, and sent an email and a text with the homes for which this incentive would apply. These texts will be attached as well.
After gathering all of this information, myself and clients toured the neighborhoods on their own between Sept 27-Sept 28, 2023. I collected information that was important to the Buyers, and helped them to identify the plans, facades, and neighborhoods they were most interested in. On September 28, she scheduled a meeting with Alyson and the Buyers to take place October 1. I was not notified that the "sale" (6% commission) would no longer be honored on this date. I could have easily scheduled the visit on Saturday if she was made aware of this. Before the showing, I had already contacted Insurance agents for quotes on their favorite plans, I let the Buyer's know they would have to switch their financing to DR Horton, and performed several other duties in advance of the meeting on Sunday October 1. Referencing back to the said contract there was nothing signed by myself with a stated commission percentage.
We think the right thing to do would be to honor the 6% commission since we received texts directly from Sales Representatives promising this. The texts did not include any expiration dates. I was not notified that this sale/ commission rate was ending. Again, I will attach the text conversations from the DR Horton Representatives. I do have several other texts that include specific home links, which include the home that was closed Thursday 11/9/23. I can forward those if needed in a separate email. My broker also spoke to Kevin Jones on Friday and informed my broker that “I talked to Kevin the manager over that specific subdivision and He sounded like he wasn’t going to do anything except apologize. I said he should send my email to all of his bosses, because we have black and white texts saying this was a 6% deal.”per my broker.
He was very nice and he said he would speak to his bosses. I told him you could’ve easily met on Saturday Sept 30 had we known that was the last day of the incentive.
Ultimately, he said if he has no success , he will try to come up with a way to make up for it by sending another deal or a future commission bonus. He’s supposed to get back with me early next week." My broker received a call from Dawn Manick 11/14 and was told that the president Eddie Rivers and Vice President David Stanton told her to “handle” it in which she proceeded to say it is what it is and they go by the contract stated commission provided. In which there was no commission stated per contract signed or agreed upon by myself.
Claimed loss: With a purchase price of $246,900 and the 6% realtor commission that was promised and advertised my check should have been $14,814.I received 3.5% which was $8641.50. I would like the difference of what’s owed to me which is $6,172.50
Desired outcome: I would like the difference that’s owed to me of $6,172.50 that was promised, advertised,& earned.
