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 presentation and "requirement" to use a Purchase Contract that did not/does not align clearly and properly with CA 1102. This resulted in grossly egregious levels of Procedural mis-management participated in by THREE different brokers and Agents representing them. 

2. Grossly egregious  Broker Involved Disclosure Fraud by the Seller's Agent/Broker.   The Agent for the Selling Broker was immersed in Conspiracies to  Conceal Defects, and minor Advertising Fraud.  

3. Grossly Egregious  Broker Involved Disclosure Fraud by our Own Transaction coordinator and a Supervising Broker.    When they became fully aware of the Seller's Agent's fraud, they offered no proper processes for handling the situation. They were only in it for the money. 

In a typical Seller Disclosure Fraud scenario, a Seller lies and/or conceals defects, and there is often no way to clearly associate that Fraud with their Agents involvement or knowledge.  Most agents invovled 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 suggested and oversaw $50,000 in repairs that concealed material defects related to health and safety as well as general property condition. The defects concealed are estimated to be $120,000.  This was all 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).

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. 

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. 

In addition, two 'pre-sale' inspector's hired by the Seller's Agent created "disclosure documents" with identical errors that helped mask 7-10k in damage in one part of the home. 

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 fo the crawl space inspection and omits proper reference to an omitted space.  

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 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.  Not one has even had the courage to respond.  

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

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?

Email opinions to me at support@brics-practice-management.com  attn: Bryan.