Name:   John C - Subject:   To OSMS re: Alabama Power Leased Lots Date:   4/8/2014 12:12:16 PM

OSMS - some points I'd like to make:

1. I agree with you recommending Toni Adcock. That is always a good idea. Toni is an awesome realtor and person. She is a great choice and any one reading this can rest assured she would do a great job.

2. When you throw around words like "conflict" - I guess you mean conflict of interest. Perhaps you are unclear about AL real estate law. To say that I have a "boss" at AL Power is incorrect. It's a contractual client relationship. Much like if I was the listing agent of a home, and showing the home to a buyer. AL Real Estate law requires, and my personal ethics insist, that I disclose to them that I am the listing agent and owe allegiance to the seller on that property. In this case, when people like you call to ask my advice on something, I always disclosed that while I was (and am) the listing agent on some lots for AL Power, I have no interest in (in this case your) leased lot. It's none of my business and I have no influence with AL Power whatsoever. It's just like me listing a home for someone that also has another property for sale with someone else. Right now, in real life, that is the case with me. I have one home (A) listed for a person. The same person has another home (B) listed with another realtor. If a buyer asked me about home B, that is not a conflict of interest by law or by spirit, especially when I disclose my relationship with the seller on home A.

3. I am not a lawyer, but in my layman's understanding of real estate case law, suits usually arise when an agent has done something wrong AND GOTTEN PAID because of it. When you called to ask my advice, my charge to you was the same as the commission I have charged everyone else that has a leased lot that called me - Zero. Zilch. Nada.  I am counting up in my head all of the people that called me (including you) and adding up the first offers that they were given by AL Power. I am coming up with about $3 or $4 million, but let's call it $3m. If I add up the total of what the owners actually paid, after going through the process with AL Power - (including you) - I come up with a little less than $2 million.  While I can't take full credit for a negotiation process that I merely advised in, I do point out that $1 million in savings is no small change, and even one half of one percent of $1 million is nothing to sneeze at - $5,000. Most of the people that called for my advice offered to pay me something. You didn't, but almost every other person did. I refused all payments, and, like I did with you, gave them my best advice and wished them all the best of luck with it. 

You have demonstrated over time, in this forum and through the HOBOs, that you have many critical things to say about AL Power. OK, that's your right, we live in America.

But, I am asking you to please be very careful about extending that umbrella of skepticism to those like me. To even insinuate that I breeched a client level relationship or acted in conflict of interest and benefitted from it, when in fact I disclosed all relationships and refused all payment from everyone, is completely inaccurate. Since I am a businessman and a person that takes my reputation seriously, please know that I will always defend myself vigorously, in whatever venue is appropriate.