In March 2021 I asked for a copy a Blank Real Estate Contract from my Real Estate Agent, a Coldwell Banker Agent in Monterey County, California.
We were getting pushed into a Seller's Market. Our landlord was demanding her property back. Rental prices were far worse than buying a home and we had money for a down payment and incomes to qualify for buying.
It was COVID season.
Home Prices were skyrocketing and competition on homes was fierce. Good homes were getting 5-10 contracts in a few days. They were requiring waivers of inspections to be competitive. Many were then getting bid up by $50k to 150k over asking. We couldn't afford that and that's all a recipe for disaster one way or another.
We had to wait for a home that didn't go in the first week, to hope to have a chance. Unfortunately, by default, that was going to mean the home was overpriced for location or condition, or something else squirrel-y was going on that we'd have to weed through or accept.
I asked for a copy of the Contract before we needed to use it so I could gain an understanding of processes and nuances specific to California.
As a Licensed Agent and Contractor in Maryland, who had purchased and renovated over 15 properties for my own development work, NOTHING could have prepared me for what I found when I reviewed the Contract provided to my by Coldwell Banker Agent
NOTHING.
I am seeking Attorneys at this time, or business people able to hire and handle attorneys for group claims.
Hopefully there are a few good ones still left, although I'm not overly sure there is any semblance of a legal industry (left) in California that is not aligned with those at CAR who created this Fraud.
Had I known when I read the contract that the California Bar had been a long standing abode for Racketeering, things would have made more sense when this all transpired.
See https://stopcorruptlawyers.com/ for the RICO case against the CA Bar at this time.
You have the ability of hindsight when reading this. It'll all make more sense a lot faster than it did to us.
Private refs: folde_salesContract // folderWolf1 // RPA // RPA Redacted
To a laymen the contract is very confusing. It doesn't have to be that way. That was done by design, but you'd only know that if you understood what was required and recognized the extra verbiage for what it was. Confusion for the sake of confusion.
Information is presented out of order. You would assume it's just legal jargon and a legal way to write, when it's apparent to a more discerning eye that it was just dis-ordered for confusion.
For example. The number one rule when selling a property is "DISCLOSE, DISCLOSE, DISCLOSE".
The act of "disclosure" is one of telling a Buyer about material defects and facts that might affect a buyers financial opinion on value prior to making a Binding Offer to purchase.
This contract has prose in several places speaks to the importance of Disclosure. It references CA 1102 as one guiding statute, but without any specifics.
Unfortunately, one of the key clauses in the contract specifies all Disclosure Documents can be delivered AFTER Contract Acceptance without specifying that some Disclosure Documents and Disclosure Statements MUST BE PRESENTED PRIOR TO CONTRACT ACCEPTANCE to comply with long standing disclosure law and good faith negotiations.
The Seller must "represent" what they are selling before entering a contract. That's how claims of "mis representation" arise. If a Seller isn't obligated to "represent" what they are selling it's impossible to pursue negotiations in good faith nor to have "misrepresentation" which is a concern in all contracts.
WHAT TYPE OF PROFESSIONALS WOULD DO SUCH A THING TO PEOPLE
WHO MIGHT ONLY BUY ONE OR TWO HOMES IN THEIR LIFE?
IF YOU ONLY THOUGHT EVIL IN A COMMERCIAL TRANSACTION INVOLVED
BLOOD, GUTS AND BODY PARTS, THIS MIGHT BE A GOOD WAY TO THINK OF IT
IN A BROADER PERSPECTIVE.
This contract contains:
Clauses that encourage a SELLER to do illegal things (knowingly or otherwise),
Clauses suggest the SELLER can disclose material facts AFTER Contract Acceptance, fully nullifying the Disclosure process AND it suggests the seller can just keep disclosing stuff for weeks and weeks after a price has been agreed upon.
Clauses that suggest to the BUYER has less rights than they do after Contract Acceptance.
A Clause that suggests the BUYER must give the SELLER a "get out of jail free" card a few weeks into escrow, if the Buyer wants to complete the transaction he was in fact promised with Contract Acceptance weeks prior.
A clause that indicates all disputes must be pursued via Mediation first if a BUYER wants to retain ability to collect for legal fees in the event of a win, WITHOUT DISCLOSING that California Law requires all mediation to transpire in 100% confidence.
What's wrong with that last clause about confidentiality?
Given what we have on those involved in fraud in our transaction, we should have been able to garner A LOT of money for fraud and non disclosed damages in confidence. However you are thinking with rose colored glasses and thinking people are "trying to play fair".
What if we had been told in confidence that they know the entire thing is a hustle, directly or indirectly.
What if we and been told in confidence that they'd just bury the entire case in so much confusion and legal fees that no attorney or jury would ever see the end of the case. Even with our own Attorney sitting next to us, who would have had no option but to admit they were right about their position. AND can you imagine if we had been told that and then never been able to speak about it?
That would have added energetic rape to the energetic rape already executed. We've have been energetically raped, TIMES 2.
We entered into a transaction in Good Faith. The Seller was supposed to do that too.
We got energetically mugged and raped by a Real Estate Gypsy Clan operating across various firms and on both sides of the transaction.
They thought our only option to retain rights otherwise due to us was to enter "confidential mediation", where we'd lose a portion of our 1st amendment rights for life and possibly be mentally poisoned with dis-empowering facts about their lack of humanity.
NO F -- KING WAY
-- Cosmic Rule #212121 --
Never leave home without your Gypsy Playbook.
Only use the tools for defensive maneuvers when needed.
Wield them well as needed.
Only if forced, use them to go on the OFFENSIVE.
If ever that is forced, leave no stone un-turned.