Law Students and Faculty
Law Students and Faculty
Embedded Files
3/2/2023
RE: Real Estate Brokerage Mafia - Monterey County CA
Dear Esteemed Legal Students and Law Professors around the Globe,
We need your help. We have identified a Real Estate Mafia Brokerage situation in Monterey County CA that may change the landscape for Real Estate Brokerage forever.
In March 2021, my significant other and I found a home to purchase in Monterey County with the Assistance of a Coldwell Banker Agent. The property was listed on MLS by a part-time Keller Williams Coastal Estates Agent.
Our Coldwell Banker Agent (aka Buyers Agent / Cooperating Agent / Sellers Sub Agent ) provided us with a CAR (California Association of Realtors) Approved RPA (Residential Purchase Agreement) that had a fully “inverted” set of Clauses for the Disclosure Process.
The Disclosure Document presentation timing was to transpire within 7 days AFTER Contract Acceptance, rendering Disclosure Documents “useless” as part of the “As Is” Condition comprehension needed to create a financially appropriate offer.
Analogy: “Hi, I’d like to make you an offer to buy your car, but don’t tell me about any problems or issues with it. Let me craft a binding offer and give it to you. After you accept it, tell me if there are any defects I should have known about prior to crafting my offer that would have prevented me from offering too much for your car”.
The contract was approved by the California Association of Realtors amd its referenced as RPA-CA as if it's a state wide contract.
This is all "bat shit crazy" at face value and it gets worse eith other parts of the contract that effectively "excuse" disclosure fraud as long as it's discovered during escrow (expand for more)
There are currently two class action lawsuits in process for $10B and $50B against NAR (National Association of Realtors). with the lesser one being already certified. The industry has been a known racket for 100 yrs, but they've not tried to real it in until recently.
We do not feel these two suits will bring about the changes needed to benefit our communities the most. Those who are playing this county wide Fraud in Monterey will still be sitting in Cat Bird Seat without a lot more tree shaking.
We feel this Contract Dispute can "shed more light on those problems", provide a larger impetuous for greater change, AND even garner comparable claims sizes or damages, potentially.
This case isn't overly complex to grasp, but the Competition will make winning BIG challenging if the legal argument has even a single flaw in it.
Unfortunately, asking existing law firms to "brainstorm" the best legal strategy against this extremely large, powerful and creative group of Commercial Warriors most of you have yet to acknowledge is costly, with no guarantee a BIG winning hand can be found. Thus, our outreach to you all as Aspiring Legal Professionals and Legal Professors for preliminary support, investigations and brainstorming.
If this plays out as we'd like it to, all current Real Estate Brokers across the United States may need to be replaced by Licensed Attorneys who can be held to a higher level of Legal Integrity with a new "peoples court" system for disclosure disputes. We believe that makes it very worthwhile endeavor for your entire industry.
(NOTE: The obscenely secretive, impossible to oversee, Maryland Bar Complaint system currently run by a woman with the last name of "Lawless", and any others similar, would need to be fully overhauled if a new Real Estate Brokerage System requiring Brokers to be Attorneys was implemented, Likewise, "a Broker I know" who seems to have been involved in nefarious dealings will need to be properly sanctioned. Those are details to work out later if this change attempt is successful.
BENEFITS OF WINNING FOR THE LEGAL INDUSTRY - If we can win this Dispute, with the support of the Legal Industry, we believe graduating Law Students and all practicing Attorneys will benefit from an increase in future occupational opportunities in Real Estate. Real Estate can be a fun, exciting, and lucrative industry for work, but a lot of clean up is required.
While the replacement of all current Real Estate Brokers may sound like a "BIG STRETCH", when you see what's transpired, you and the Legal Lobby that advocates for work for Attorneys, may feel it's an appropriate target too.
It's GROSS - What we have is a situation GROSS with ethical, fiduciary and legal malfeasance. Unfortunately it's so GROSS, it's impossible for us to pay any attorneys to even "review the case".
If you study the behavior of Hillary Clinton or Donald Trump, for those that must insist he's comparably twisted, what you will find is a very well known "strategy" for getting away with lying, cheating, and manipulating others.
Those that want to benefit from confusion creation have learned if they are going to do it, they need to perform so many confusing and "inverted" moves, that no one can find the shore of truth. Small lies and a little manipulations can be exposed, a sea of them is beneficial for cover.
What you are going to see in this Case Study is a contract confusion strategy that was employed by a surprisingly large group of folks you've never met who have no known national notoriety, "yet".
YOUR TASK - Your task, should you have interest, is to get educated a little on Real Estate Law and Real Estate Contracts first. That part truly does not take long and it's provided here for free. Then you are going to familiarize yourselves with our experience, weed through dozens of different possible "legal" or "fiduciary" or "fraud" related concerns, and identify the top one or few legal strategies you might attempt if you were a Practicing Attorney.
We will then take those summaries to Practicing Attorneys and see if a very narrow, targeted and potentially winnable case exists for this situation at one or several levels.
TIMING - Please note, "TIME IS OF THE ESSENCE". This situation is playing out in "REAL TIME" making this a "LIVE EXCERCISE".
We believe we have about 14 months left to file a claim but it may be 26 months. With that, we are not on tiny time, but progress needs to transpire quickly if a rectification for this is to be challenged via our experience
We are currently considering 4/1/2023 or 4/15/2023 for initial submission deadlines. We will discuss that, finalize that shortly, and post that here.
A "FINANCIAL PRIZE" MAY BE AWARDED - We need to check on the legality of this, but there may be a financial bone in this for contributors too. In the event we recover money, be it small or large, the contributors (individuals or teams) who are voted to have made the best preliminary suggestions will get or split 10% of the net recovery amount to us.
If we are able to recover $50,000 after all expenses, $5,000 will be distributed to one or more contributors as an award.
If we are able to recover $250,000 after all expenses, $25,000 will be distributed to one or more contributors as an award.
If we recover a multimillion dollar or multi billion dollar settlement via some type of class action, which seems like it should be buried in there somewhere, 10% of what we get will be awarded.
There will be no formal contract for this beyond what we've stated here. Save a copy of this document for your offer. All methods for evaluating who gets any award money are at our sole discretion.
At this time, we know of no reason this is not legal. If a legal matter arises that prevents this, we will not be able to fulfill our offer, but we will try to make it up to those we deem as top contributors in a manner that is legal, somehow.
SITUATIONAL PREVIEW - We stumbled upon a Legal Contract for the purchase of real estate that was being "provided for use" / "required for use" in one or a few Affluent Counties of California that seems "inverted".
The nature of the contract itself fly's in the face of any logical concept of "Good Faith Negotiations" with a gross and illogical bias against the buyer. We'll get into this more later, but suffice it to say, when it was first presented to us, I thought it was a prank, but the camera people never stepped out of the shadows.
We completed a transaction that is award winning screen play worthy, with fraud oozing from various orifices', and now we are seeking rectification.
We do not feel the contract is in fact legal per CA Code 1102, but the code itself has some odd features to it that makes it seem like it may have been written for another purpose entirely.
However, even if the contract itself is deemed legal by a miracle, the fact that this style contract is NOT used in the rest of the US due to logical and reasonable concepts related to "good faith negotiations" would indicate that "something about it seems very bad" AND the Brokers who engaged with it would have known that without question.
There is a case precedent in CA that indicates Real Estate Brokers only exist to assist with Real Estate Law, even though they are not licensed in Real Estate Law. Thus an excuse to say "legal compliance management" is not part of our job would nullify the need to have them or use them. That's but one of many concepts you will have to consider as part of this situation.
CONTACT - Some of you may be able to find reference to my personal email address and/or phone number. Please do not use those to reach me. They are for my my personal use only. If you have any questions or concerns, please reach out to us at support@brics-practice-management.com .
Thanks for your advanced consideration and support.
Regards
Bryan, Ric and Team BRICs
Resources for review
Resources for review
This Website - "Legal Corner > Legal Pros" is the place to start...
This Website - "Home Page " NOTE : any references to this being Monterey county only are old. It's statewide.
Website conveying to CA DRE - https://home-purchase-2021.bryancanary.com/
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