From time to time, we hear of experiences of members and other real estate investors, agents and brokers, receiving formal complaint notices from public agencies, including the Better Business Bureau, based on marketing materials being sent to potential sellers who complain for some reason or another. It is important to always take these matters seriously and respond to them within 10 days. If they are not responded to within 10 days (legal response time), "silence is acquiescence" which means you "agree" to the complaint which can allow further action in the public against you or your company, if desired.
Any complaints to any public agencies require the public agency to take action and send notice. This is a good thing as there a lot of scam artists and fraudsters and these agencies are to protect the public and do their duty!
First off, we are not an accountant or lawyer/attorney and can neither of accounting or legal advice of any sort (our disclaimer), and we always recommend to our members to seek legal counsel from your local attorney or accountant licensed in your state.
However, if it were me, I would do the following (I've provided a DRAFT/SAMPLE for you based on what I would do and other members have done which have resolved the issues without further response):
1) make a copy of the original complaint and envelope
2) take the ORIGINAL complaint and envelope and attach it to your response! This is important. You want to send the original back as you
are "NOT accepting it" and providing a counter offer which requires them to respond back to you. You're building your own case and paperwork
file on this. You'll make sure to keep the copies in your records.
3) Write a letter. I've attached a DRAFT/SAMPLE/EXAMPLE for you how I would do it if it were me in my business.
NOTE some key elements in the draft
a) the date you are sending it back at the top
b) the name of the entity sending you the notice (and the individual name of person, if applicable)
c) "RE: ...> make sure to include the title noted in their document EXACTLY as they wrote it case sensitive
d) make sure end with "If we do not hear back from you within 21 days, we will assume this matter has been corrected and resolved and no
further action on our part is necessary."
4) Make sure to attach a copy of your "CERTIFICATE OF GOOD STANDING" with the Secretary of State. You should have this in your records or
you can goto the Secretary of State in your state and reorder one. You'll want to attach this document
Attached are samples... One that I actually completed for you, as a draft.
Hope this helps. Please let us know immediately if you receive anything further from the Better Business Bureau.
Here are Samples/Drafts that might help:
SAMPLE LETTER to PUBLIC AGENCY: www.REIvault.com/complaint-response
SAMPLE LETTER to BBB (Better Business Bureau): www.REIvault.com/bbb-complaint-sample
