CA-Brokerage-Fraud-2023

This website provides supplemental complaint information for the Seller's Brokerage, as well as our own. This is about exposing industry wide, corrupt Real Estate Brokerage Practices in California via a real life scenario that played out in 2020 and 2021 involving Keller Williams, Coldwell Banker and a third Party Broker who was providing Transaction Coordination Services who was transferring all kinds of information about fraud back and forth, seemingly without notifying the Selling Broker of rancid transaction concerns. Or was she?

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

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: