My partner and I are Monterey County California residents. 

We've been financially harmed in a Real Estate Purchase Transaction.  

The harm stems from:

1. The "requirement" to use a Purchase Contract  "Approved by the California Association of Realtors" but warrantied by no one for any individual Transaction. 

2. The "requirement" to use a Purchase Contract that did not/does not align clearly and properly with ANY standard Disclosure Processes nor CA 1102, the statutory Disclosure Requirements. This resulted in grossly egregious levels of Procedural mis-management participated in by THREE different brokers and Agents representing them. 

3. A scheme executed by a Seller, his Agent and two Contractors and two pre-sale Inspectors he included as part of his Fixer Network. This includes grossly egregious  Broker Involved Disclosure Fraud by the Seller's Agent/Broker including Conspiracies to  Conceal Defects, Omit Defects and minor Advertising Fraud.  The Agent also may have been fabricating disclosure Statement's for the Seller. 

4. Blind eyes turned by Two Professional Transaction coordinators with over 60 years combined transaction experience. One was ours. The other was theirs.  They give gross new meaning. 

5. A fully incompetent Associate Broker on our Side.  An extremely wealthy self made millionaire Broker on the other who has figured how to run his Brokerage like a traditional company, with no need for Consumer Protection Concerns. 

6. The stable of Legal Lobby Professionals who all seem to have been covering for and profiting from this type of scheme for almost 40 years. 

In a typical Disclosure Fraud scenario, a Seller lies and/or conceals defects. 

There is often no way to clearly associate that Fraud with their Agents involvement or knowledge.  Most agents involved in that type of scenario know how to hide it "well enough" to avoid "smoking guns". 

Our situation involves  an Agent who took management possession of the Seller's unmarketable home, and then recommended and oversaw $50,000 in repairs that concealed approximately $120,000 in material defects.  All of this was done in the full time absence of the seller who never returned to the home after turning over management of it to the Brokerage Agent (Seller's Agent). 

But that's not all. The Seller's Agent then went on to select, schedule and meet with two pre-sale home inspectors who created "disclosure documents" with identical omissions that helped mask $7-10k in damage in one part of the home.  "OOPS" that was a bit of too much organization?  But unsure how else it would have possibly worked either...

1. The pre-sale termite report omitted 15-18k in obvious damage while omitting reference to critical areas uninspected

2. The pre-sale home inspection report omitted $50,000+ in "easy to identify" defects. It contains fully contradictory statements about the nature of the crawl space inspection and it omits proper reference to an attic space omitted (and much more).   

The Disclosure Documents alone tell a hellacious tale and suggest many more... 

1. One disclosure document signed by both the Seller's Agent and the Seller indicated they did NOT participate in the EXACT type of situation they participated in to prepare the home for sale.  And then they both admitted to that in writing as if that first disclosure document didn't exist? 

2. Other Disclosure Documents were patently incomplete. 

3. Others  were complete with false information that would have been known to be false to both of them. 

4. Some of the False Statements suggest the Seller's Agent or someone other than the Seller actually filled out the disclosure documents. 

I could never have imagined anyone running a scam this large, with so little care for the details?  Where is the Pride in running a scam that won't give up the goat?  Has that all been lost too?

There are multiple levels of legal cases to consider: 

• Lawsuits against the State of CA Oversight bodies

  • Multiple bodies have been "outed" for fraudulent dealings that have allowed this industry to grow unchecked. 

• Group Action / Group Claim  (Anti-trust, Class Action, Consumer Protection -- all three...)

  • CAR

  • Brokers and Agents State wide

• Individual Claim should/could include:

  • Brokers at Coldwell Banker, Keller Williams and  a Travaille Transactions.  (and a VP at Coldwell Banker)

  • Our Transaction Coordinator (Coldwell Banker)  and the Seller's Agent (Keller Williams)

  • The Seller

  • 2 contractors who were hired for concealment work 

  • 2 inspectors  who provided misleading reports for false disclosure statements. 

If you are a Real Estate Broker, Agent, Real Estate Attorney or Mediator who feels what I have presented in this website or any of the dozen or so others is inaccurate or invalid, please put your position in writing. 

I will be glad to share that with others and I'd be interested in a conversation. 

So far dozens of Real Estate Attorneys have been put on notice and not one has replied disputing the situation.  Not one.  A slim shady few have even had the courage for a courtesy blow off. 

Numerous Industry Groups and the Brokers Involved have all refused to make any written statements opposing the information presented.

As for CA 1102, which is covered in another website, anyone seeking to declare my position about 14A is incorrect, would have declare clause 13B is incorrect, and that seems to be an awful position to take up?  If 13B is inaccurate, doesn't that make for a pretty significant problem for contract integrity too?

I can be reached at  support@brics-practice-management.com    attn: Bryan. 

Speak out if you can.  Otherwise, for 1000 years may your tongues be tied. 

Amen.