CA-Brokerage-Fraud-2023

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5/7/2024

The website was created sometime in 2023.

Many discoveries transpired in early 2024 that added to the content and filled in names for people operating in the higher agencies and organizations.

In response to a lawsuit response received on Saturday, May 4, 2024, a Master Document for the CA Brokers Fraudulent Contract Scheme and RICO Enterprise, including names of many Attorneys involved, was created and posted here

view master doc for CA Brokers Fraudulent Contract Scheme and RICO Enterprise
involving many in the California Legal Lobby

The content in this website has not changed. Some of it is included in the document. Other adds support for the content in the document.

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This website details Fiduciary Fraud committed by Coldwell Banker and Keller Williams Licensees as part of a Brokered home Transaction in 2021.

We were the buyers of a $900,000 home. We have suffered about $200,000 in damages related to deceitful behavior by a Keller Williams Broker, a Keller Williams Agent from Hell, the Seller, , 2 Contractors, 2 Pre-sale Inspectors , a third Party Transaction Coordinator, and three levels of Licensees and a VP with our own Brokerage, Coldwell Banker. All-in-All it's a real train wreck.

The Fiduciary Fraud Transpired at 2 Levels.

Industry Level Fraud - We've exposed a Document and Procedural Fraud based in "legal gibberish", that may have been transpiring since 1985. The Nature of the fraud should have felt unethical and/or illegal to all Licensees. The nature of the fraud was one that would "encourage" deceitful acts by sellers and seller's agents. The Fiduciary Fraud included the presentation of documents that violated the most basic tenants of Contract Law, and created down stream challenges for holding individuals accountable for deceitful acts.
Transaction Specific Fraud - Transaction specific fraud included statements, acts, and omissions by Licensees in Both Brokerages who were more interested in making a sale than being honest and ensuring a fair marketplace for home trading between Sellers and Buyers.

When we put a laser focus on the Construction Fraud committed by the Seller's Agent, the Seller and a group of "fixers", with the Brokerage Related Fiduciary fraud in the Background, we were told over and over again we had a case.

However, when not 1 in 80 Attorneys would take it, we knew we were on to something fishy. As soon as we would raise questions about the inverted Documents and Procedures, in a way that was required to determine which acts would qualify for recovery, the Attorneys were eager to refer us to other Attorneys as if they were dropping a cold tuna.

Eventually, we figured out the only way we might get some rectification for our damages was to bring the Fiduciary Fraud to the for-front and push the far grosser construction and inspection related frauds related to concealment of mold, concealment of structural defects, failure to disclose explosion hazards, asbestos, a raccoon invasion, and a massive cat urine coverup to the sidelines for now.

The Industry Level Fiduciary Fraud created the playing field that encouraged the Seller's Agent, Seller and their Fix up Crew to Commit Fraud
When their frauds became apparent during escrow, it was the blind eye given by their Transaction Coordinator, and three levels of Coldwell Banker Licensees more interested in making a sale or letting the fraudsters roam free, that burdened us most. Given all their behavior , there was no reason to feel any other transaction might be better and that's what ultimately created all this mess.

To recover our damages now, we are pursuing the Fiduciary Frauds, with a very aggressive Criminal and Civil Approach.

More coming soon...

Top Level Fiduciary Fraud - "the Pseudo Legal Document Hoax"

What they did to the Seller, and us as Buyers, they may have done to every Seller and Buyer in every transaction they've been handling since 1985.

The Seller was given a Disclosure Document (the TDS), with dozens of property condition related questions on it. It's the document every buyer needs, with the questions answered, before making an offer, so they know what they are making an offer on...
- - It contained a statement that said the questions answered were "Representations" of the Seller.
  - If you are familiar with "representation" that need to be made prior to entering contracts, to establish grounds for "misrepresentation" that's what the document says he statements are.
  - HOWEVER, later in the same paragraph it states the document and representation are NOT part of the Contract??
  - Does that sound right to you?
We as Buyers, were given a Contract to use to make an offer that was tantamount to "legal gibberish" too.
- - It specified the Disclosure Document the Seller was to filled out (the TDS), that had Representation statements that would have been useful, like letting us know the roof leaked and the heater was broken, was in fact not due to us until AFTER we made a binding offer to purchase a $900,000 home.
  - Should we be making an offer on a home without knowing if the Roof Leaks or the heater requires a $20,000 upgrade?
  - Does that sound a little bat sh-t crazy to you too? Does that sound like negotiating in Good Faith?
The net affect of this Fiduciary Fraud was the creation of the potential for downstream "psuedo-legal document terrorism".
- - It created a situation in which no Litigation Attorney could talk about claims for Misrepresentation outside of Confidential Settings, as they would have to reveal the fact that the Seller's Disclosure Form and the Contract we were provided were fully "out of step with" the foundational pillars of creating representation statements for purposes of Consideration for Contract entry , to start with.
This situation only creates problems when there are disputes, BUT when there are disputes, the Buyer is screwed.
In Summary, we were told to use documents that make securing an attorney willing to talk openly about the Documents we have to rely on an impossibility, and those same documents give deviant defense attorneys a half dozen ways to make collecting on fraud economically futile.

Seller's Brokerage - Important Players

Seller's Agent - Kent Weinstein - #01997179 -- 20 yrs (part time)
Seller's Transaction Coordinator - Tracy Trevaille - 3rd party Broker - 15,000+ txns
Seller's Agent's Team Leader (office Leader) - Mike Butson -- #01406526 (??? Maui too?) 20+ yr
Seller's Broker - Mark von Kaenel -- # 01189869 -- 40+ yrs

Buyers Brokerage - Important Players

Buyers Agent (Rookie - she hired an experienced Txn Coordinator for support)
Buyers Txn Coordinator - Peter Whyte #: 00643152 -- 30+ years
Buyer's Agent Supervising Broker - Christina Morales -- #01324678 -- 20+ yrs
Buyer's Brokerage VP - Alan Scearce 20+ yrs

and the nitty gritty details of our tranaction are not overly relevant to the fraud.

Have you ever heard of situation where someone goes through a lot of training or licensing, they earn their certificate or their degree, and when they start practicing their trade or business, they find out all the safety protocols they were taught were disregarded in practice?

What would you do if you went through a 135 hours of Real Estate License Training, that included statements about "good faith negotiations", and then were handed a Contract that suggested th seller did NOT have to tell the Buyer about a roof leak, broken furnace or even a cracked foundation until AFTER they had agreed to a binding price? What if the contract actually stated the seller could hold back that information until a few days before the keys were to be handed over, after 1000's had been spent by the Buyer on inspections and appraisals, if they really wanted to, with no major penalties? Would that make sense to you?

Top Level Fiduciary Fraud - "the Pseudo Legal Document Hoax"

Summary of Facts

Each of these Licensed Professionals has been involved in a State Wide Brokerage Hoax related to the use of the "CAR Approved Contract".
The "CAR Approved Contract" contains numerous clauses in it that do NOT represent California Law or California Case Precedent in an accurate manner. It suggests to a seller that illegal activities are legal and it suggests if they are caught during escrow in disclosure fraud, in order for the buyer to get to closing, s/he has to grant a 'get out of jail free' card. It also suggests to a Buyer that that have has less rights than they do.
It seems clear the "CAR Approved Contract" was created for California Legal Lobby Benefits. It encourages foul behavior, which creates and unnecessary level of disputes, which require Legal Lobby services to resolve. It is self-dealing in dispute creation for purposes of dispute resolution for profit.
Unfortunately for consumers, the inverted clauses in the "CAR Approved Contract" create a level of legal confusion that makes litigating simple disclosure fraud scenarios complex, as each case would be required to "undo" the confusion created by the contract just to get going. This makes litigation economically risky and possibly futile due to lawfare.
The litigation problems created by the faulty CAR Contracts emboldens less-ethical Brokers and Agents to cater to Seller's who'd like to "cheat", in ways more ethical Brokers and Agents would not.
Saying this another way, the defective contract provides a competitive marketing advantage for less ethical Brokers who are willing to take on riskier Agents and Sellers, and it's a profitable marketing strategy BECAUSE the Attorneys can't out it, without outing their own industry's involvement and financial benefits first.
HOWEVER. Brokers in California only exist for Consumer Protection, by State Mandate. AND this can NOT be treated like the "typical Corporate Fraud Scheme" for that reason. Real Estate Brokers are the only "Business Executives" in the State that can be held personally liable for all activities of their Agents and Businesses, because they are supposed to be in the Business of "Consumer Protection" first and foremost.
All of these people have been involved in Systemic Fraud with RICO hallmarks, while being chartered to be in business for Consumer Protection.

Summary of Charges

Conspiracy to Commit Fraud / RICO - Contract Clause 14A - Contract Clause 14A suggests a seller can present all disclosure documents, including condition related documents AFTER contract acceptance (and transfer of title, per 13B). Condition related Disclosure Statements are due in Real Estate PRIOR TO Contract Acceptance. The purpose is to disclose material facts and material defects that might affect a Buyer's opinion of value so they can make an appropriate BINDING OFFER, with a goal of CONTRACT ACCEPTANCE for their BINDING OFFER. it can't get any more inverted than that, AND there are no tiny footnotes or supplemental clause that clarify some disclosures MUST BE PROVIDED prior to contract acceptance. The fraudulent suggestion is sitting there with no cover. All 440,000 CA Licensed Professionals have been providing Buyers and Seller's with contracts which mislead, confuse, and create opportunities to run scams while suggesting illegal behavior is legal per the contract. .
Conspiracy to Commit Fraud / RICO -- Contract Clause 14F -Contract clause 14F states that a buyer assumes ALL liability, responsibility and expense for Repairs or Corrections pertaining to the Contingency at time of removal. The death trap here is small but deadly. This clause suggests any non-disclosed defects that are revealed during escrow would have to be forgiven. Case president says that no Real Estate Contract is intended to suggest or support the dismissal of claims for negligent and/or fraudulent misrepresentation but the fact that it's in the contract creates confusion and a necessity for legal fees just to get to start the arguments. Each of these Professionals has been providing Buyers and Seller's with contracts which suggest the contract has this power, even though it does not.

There are other clauses that are very misleading and inappropriate as well. Please see https://car-contract-fraud-2023.bryancanary.com/ for details

Also please see the following for additional details:

For the full list of websites, please see: