$250,000 in compensatory + $1,250,000 punitive + personal injury
This is being pursued from multiple parties via separate torts.
The Compensatory and Punitive can only be collected one time thus there is overlap in these complaints.
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FIDUCIARY FRAUD (Case 24CV001706) - Canary et al v Travaille Transactions
Seeking Nominal Compensatory Damages for Fraud, and Damages for Personal Injury
Fraud - 9 Counts (Actual or Constructive)
Tracy Travaille is a Licensed Broker who owns "Travaille Transactions". She specializes in Transaction Coordination for other Brokerages, Brokers and Agents. Tracy got involved with the Real Estate Industry in 2004 and became a Licensed Broker in 2005. There seems to be little seasoning requirements to become a Broker in CA. Tracy's website indicates she's handled over 15,000 transactions.
Tracy took possession of three patently incomplete statutory disclosure documents which contained representation statements for the seller, and needed to be conveyed to the Buyers BEFORE agreement acceptance to provide Buyers with proper As Is condition understanding and to provide legal protection to the Seller from claims of Fraudulent Misrepresentation Tracy conveyed those patently incomplete documents to a Buyer AFTER contract agreement with no notice of their incomplete status and no notice to the Seller's Broker about incomplete documents. Tracy later became aware of numerous fraudulent answers on the documents. Tracy then was unable to deliver a completed document when demanded. The file was closed with incomplete statutory disclosure documents with fraudulent statements by the Agent and Seller on them. No notice to the responsible broker was made and no complaint was filed with the CA DRE.
Canary et al v Travaille ( Folders public pvt )
Summons (1 page) view
Cover Sheet ( 2 pages) view
Complaint ( 30 pages) view
Complaint Exhibits
A1) Fiduciary Agreement (2 pages) view
A2) Incomplete SPQ, Sellers AVID , TDS view
A3) Visual - As Is Sales (2 page) view
A4) Visual - Jue v Smiser - Representation Stmt Period Diagram (1 page) view
A5) Visual - Supposed to v Actual - As Is Sale (2 pages) view
A6) Visual - Bayview 14 abridged (4 pages) view
A7) CA 1102 vs RPA Clauses(12 pages) view
4/25/2024 - Filed
5/3/2024 - Served
8/27/2024 - 9am / 14 / Panetta