Backstory
Backstory
In spring 2021, my partner and I purchased a home for $895,000 in Monterey Bay CA.
Unbeknownst to us at time of walk throughs, bid consideration, contract execution the home had been subject to a “fix up and disclosure fraud scheme”.
Also unbeknownst to us, the Real Estate Brokerage Industry had been dealing in Fraudulent Transaction Documents seemingly since 1985.
In 1985, CA 1102 was implemented. CA 1102 created statutory disclosure documents and a process to help ensure proper Seller Representation of As Is Condition prior to Contract Execution.
The Problem?
The Attorneys that wrote or approved the Fraudulent Transaction Documents seemed to think it would be "funny" if they led sellers and buyers to believe the presentation of the Representation Statements was to be done AFTER a contract had been executed.
It's unclear at this time who initiated this scheme and what their true motives were. There are a handful of motives that are quite different and would have benefitted different parties and industries. Only someone involved in the creation of the scheme could or would know for sure what the original motives were.
The next problem?
Any Attorney who purchased a home in California since 1985 should have recognized the inversion in the Fraudulent Transaction Documents in addition to any Brokers and Agents who were properly trained on the basics of Fraudulent Misrepresentation to induce a Contract.
What you are looking at here is not only a violation of our Rights as Buyers, but the exposure of a 39 year "scheme" / "commercial hoax" that created a mockery of TWO of the most critical industries in a Country that values "private ownership of real property" and "innocent until proven guilty".
This Scheme discredited both the Real Estate Brokerage Industry and the California Legal Lobby simultaneously.
Was that just a bi-product or the intention?
You'll have to find the Scheme Originators to know for sure...
In total, approximately $101,000 of Sellers funds were used to pay “professional fixers” who assisted the seller with the sale that resulted in $200,000+ of unjust enrichment for the seller and fixup crew and left us with $200,000+ in damages.
Approximately $55,000 funded the work of two Contractors who created and/or concealed $100,000 in defects via fraudulent acts. There is another $20,000 in defects which will prove to have been done fraudulently or via negligence.
Approximately $700 funded the creation of two “non-bonafide” pre-sale Inspection reports that were used for representation statements and omitted over $60,000 in defects that were easy for any “sincere inspectors” to call out.
Approximately $45,000 funded Broker Commissions that covered the Seller's Broker’s Services as well as Buyer Brokers Services. That was the industry standard, but is changing very rapidly now, seemingly due to unrelated lawsuits.
When you acknowledge that fact that our Seller paid Brokers on BOTH SIDES OF THE TRANSACTION to introduced Fraudulent Transaction Documents that benefitted the Seller, that's when you realize 440,000 Real Estate Licensees and a subset of 250,000 Attorneys were all involved in "open air racketeering" that any Attorney should have been able to sense by sound with eyes closed.
Just because the Fraudulent Transaction Documents were put in play, didn't mean a seller had to try to benefit from them. Many Brokers and Agents recognized the foul process defined and some required Sellers to play properly. Others did not. In our Transaction, the Seller's Agent actually fueled the fraud with far more than just an inverted process.
On Day 1 in escrow when Representation Statements were delivered a day AFTER they were supposed to be delivered, they were delivered in a patently incomplete manner. Worse yet, facts provided were known to have been fraudulent at that time not only to us, but the the Seller's Agent would have known them to be fraudulent too, thus indicting he and 5 other Licensees in vary levels of Fraud on Day 1.
From there, the Frauds of the Seller and those he hired started to overflow.
The Seller was made aware of Fraudulent Misrepresentation and Concealment matters exposed during escrow. He was asked to make proper adjustments. Some frauds he knew about for sure. Others may have been done without his knowledge.
Not only did he refuse to adjust pricing as appropriate, he proceeded to Demand the removal of the Condition Contingency while refusing to complete Statutory Disclosure Documents that had been inappropriately delivered, patently incomplete, AFTER Agreement Acceptance, three weeks prior.
They seem to have lost Kosher in this game a long time ago.
This website represents the culmination of a 3 year investigation and fact finding mission to "figure out" what commercial conditions led all the frauds to feel like they could "get away with it all" .
And do you know why the felt like the could "get away with it all"?
Because they knew from Day 1 that no Honest California Attorney could afford to step into this mess and chase them, leaving the harmed buyers to struggle by themselves. Worse yet, harmed buyers were forced to use the Army of Corrupt Attorneys in the schemes that were all designed to benefit only the Attorneys, and their own self serving interests.
May they all rot slowly in the Hot Sun as this system gets unwound.