"We are committed to: The highest ethical standards. Uncompromising honesty and integrity." —The Windermere Mission Statement "In the real estate business somebody's word is very important. If you say you're going to do something, you've got to do it." —Windermere CEO Geoff Wood's Public Affirmation
California Real Estate Law pages: 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16
DOWNLOAD A PDF COPY OF THE CALIFORNIA REAL ESTATE LAWS HERE
California Real Estate Law as amended and in effect January 1, 2011
From the Business and Professions Code
DIVISION 4. REAL ESTATE
PART 1. LICENSING OF PERSONS
CHAPTER 1. GENERAL PROVISIONS
Definitions
10000. This part may be cited as the Real Estate Law.
10001. The definitions in this chapter apply to the provisions of this part only and do not affect any other provisions of this code.
10003. “Commissioner” refers to the Real Estate Commissioner.
10004. “Department” means the Department of Real Estate in the Business and Transportation Agency.
10005. Whenever the terms “division,” “State Real Estate Division,” or “Real Estate Division” are used in this division, they mean the Department of Real Estate.
Whenever the terms “State Real Estate Division” or “Real Estate Division” are used in any other law, they mean the Department of Real Estate.
10006. “Person” includes corporation, company and firm.
10007. “Provisions of this part relating to real estate” refers to the provisions of Chapters 1, 2, 3 and 6 of Part 1.
10008. “Provisions of this part relating to business opportunity regulation” refers to the provisions of Chapters 1, 2, and 6 of Part 1.
10008.5. Solely with regard to any transaction involving the sale, lease, or exchange of a business opportunity occurring before, on, or after the effective date of this section, this division shall not apply to any person licensed at the time of the transaction as a securities broker or securities dealer under any law of this state or of the United States, or by any employee, officer, or agent of that person while acting under the direction of, and within the scope of, his or her employment with that person in connection with the transaction.
As used in this section, “any transaction involving the sale, lease, or exchange of a business opportunity” does not include any of the acts described in Section 10131 or Section 10131.2 if the substance of the transaction is to transfer, sell, lease, or exchange an interest in real property for the purpose of evading this part.
10009.5. “Provisions of this part relating to mineral, oil and gas brokerage” refers to the provisions of Chapters 1, 2, 6 and 7, of Part 1.
10010. “Provisions of this part relating to hearings” refers to the provisions of Article 3 of Chapter 2 of Part 1.
10011. “Licensee,” when used without modification, refers to a person, whether broker or salesman, licensed under any of the provisions of this part.
10012. “Broker,” when used without modification, refers to a person licensed as a broker under any of the provisions of this part.
10013. “Salesman,” when used without modification, refers to a person licensed as a salesman under any of the provisions of this part.
10014. “Real estate licensee” refers to a person, whether broker or salesman, licensed under Chapter 3 of this part.
10015. “Real estate broker” refers to a person licensed as a broker under Chapter 3 of this part.
10016. “Real estate salesman” refers to a person licensed as a salesman under Chapter 3 of this part.
10017. Whenever the word salesman is used in this division, or in the rules and regulations of the commissioner, it means salesperson. A licensee, however, may elect to refer to the licensed status as real estate salesman, real estate saleswoman, or real estate salesperson.
10023. “Mineral, oil and gas licensee” refers to a person licensed under Chapter 7 (commencing with Section 10500) of this part.
10024. “Mineral, oil and gas broker” refers to a person licensed as a broker under Chapter 7 of this part.
“Advance Fee”
10026. (a) The term "advance fee," as used in this part, is a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee for services requiring a license, or for a listing, as that term is defined in Section 10027, before fully completing the service the licensee contracted to perform or represented would be performed. Neither an advance fee nor the services to be performed shall be separated or divided into components for the purpose of avoiding the application of this division.
(b) For the purposes of this section, the term "advance fee" does not include:
(1) "Security" as that term is used in Section 1950.5 of the Civil Code.
(2) A "screening fee" as that term is used in Section 1950.6 of the Civil Code.
(3) A fee that is claimed, demanded, charged, received, or collected for the purpose of advertising the sale, lease, or exchange of real estate, or of a business opportunity, in a newspaper of general circulation, any other written publication, or through electronic media comparable to any type of written publication, provided that the electronic media or the publication is not under the control or ownership of the broker.
(4) A fee earned for a specific service under a "limited service" contract. For purposes of this section, a "limited service" contract is a written agreement for real estate services described in subdivision (a), (b), or (c) of Section 10131, and pursuant to which such services are promoted, advertised, or presented as stand-alone services, to be performed on a task-by-task basis, and for which compensation is received as each separate, contracted-for task is completed. To qualify for this exclusion, all services performed pursuant to the contract must be described in subdivision (a), (b), or (c) of Section 10131.
(c) A contract between a real estate broker and a principal that requires payment of a commission to the broker after the contract is fully performed does not represent an agreement for an advance fee.
(d) This section does not exempt from regulation the charging or collecting of a fee under Section 1950.5 or 1950.6 of the Civil Code, but instead regulates fees that are not subject to those sections.
“Listing”
10027. The term “listing” as used in this part includes, but is not limited to:
(a) The name or a list of the names, of the owners, landlords, exchangers, or lessors, or the location or locations, of property, or of an interest in property, offered for rent, sale, lease, or exchange.
(b) The name, or a list of the names, or the location or locations at which prospective or potential purchasers, buyers, lessees, tenants or exchangers of property may be found or contacted.
(c) An agreement by which a person who is engaged in the business of promoting the sale or lease of business opportunities or real estate agrees to render to an owner or lessee of such property any services, to promote the sale or lease of said property.
(d) An agreement by which a person who is engaged in the business of finding, locating or promoting the sale or lease of business opportunities or real estate, agrees to circularize, notify or refer real estate brokers or salesmen to said property which is offered for sale or lease.
“Trust Deed”
10028. “Trust deed” or “deed of trust” as used in this part includes “mortgage.”
“Real Property Sales Contract”
10029. “Real property sales contract” as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract.
“Business Opportunity”
10030. As used in this part, the words “business opportunity” shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity.
Broker-Salesperson Relationship – Independent Contractor or Employee – No Effect on Obligations to Public
10032. (a) All obligations created under Section 10000, and following, all regulations issued by the commissioner relating to real estate salespersons, and all other obligations of brokers and real estate salespersons to members of the public shall apply regardless of whether the real estate salesperson and the broker to whom he or she is licensed have characterized their relationship as one of “independent contractor” or of “employer and employee.”
(b) A real estate broker and a real estate salesperson licensed under that broker may contract between themselves as independent contractors or as employer and employee, for purposes of their legal relationship with and obligations to each other. Characterization of a relationship as either “employer and employee” or “independent contractor” for statutory purposes, including, but not limited to, withholding taxes on wages and for purposes of unemployment compensation, shall be governed by Section 650 and Sections 13000 to 13054, inclusive, of the Unemployment Insurance Code. For purposes of workers compensation the characterization of the relationship shall be governed by Section 3200, and following, of the Labor Code.
Criminal Provisions
10035. Neither Section 10185 nor any other provision of this part which makes violation of this part a crime shall be construed to preclude application of any other criminal provision of the law of this state to an act or omission which constitutes a violation of this part.
CHAPTER 2. ADMINISTRATION
Article 1. The Real Estate Commissioner
Chief Officer of Department of Real Estate
10050. There is in the Business and Transportation Agency a Department of Real Estate, the chief officer of which department is named the Real Estate Commissioner.
It shall be the principal responsibility of the commissioner to enforce all laws in this part (commencing with Section 10000) and Chapter 1 (commencing with Section 11000) of Part 2 of this division in a manner which achieves the maximum protection for the purchasers of real property and those persons dealing with real estate licensees.
Appointment of Real Estate Commissioner
10051. The commissioner shall be appointed by the Governor.
Commissioner’s Qualifications
10052. The commissioner shall have been for five years a real estate broker actively engaged in business as such in California, or shall possess related experience associated with real estate activity in California for five years within the last 10 years.
Commissioner’s Salary
10053. The commissioner shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code, to be paid monthly out of the State Treasury upon a warrant of the Controller, and shall be allowed his actual and necessary expenses in the discharge of his duties.
Article 2. The Real Estate Commissioner (continued)
Enforcement
10071. The commissioner shall enforce the provisions of this part and of Chapter 1 of Part 2. He has full power to regulate and control the issuance and revocation, both temporary and permanent, of all licenses to be issued under the provisions of this part, and to perform all other acts and duties provided in this part and Chapter 1 of Part 2 and necessary for their enforcement.
Personnel
10073. The commissioner shall employ such deputies, clerks and employees as he may need to discharge in proper manner the duties imposed upon him by law.
Vocations Restricted
10074. After qualifying as such neither the commissioner nor any of the deputies, clerks or employees of the department shall be interested in any mineral, oil or gas business, mineral, oil or gas brokerage firm, real estate company or any real estate brokerage firm, as director, stockholder, officer, member, agent or employee, or act as a broker or salesman, or act as a copartner or agent for any broker or brokers, salesman or salesmen.
Duties and Compensation
10075. Deputies, clerks and employees shall perform such duties as the commissioner shall assign to them.
Subject to the powers of the State Personnel Board and the Director of Finance, the commissioner shall fix the compensation of such deputies, clerks and employees, which compensation shall be paid monthly on a certificate of the commissioner, and on the warrant of the Controller out of the State Treasury.
Oaths
10076. Each deputy shall, after his appointment, take and subscribe to the constitutional oath of office and file the same in the office of the Secretary of State.
Main and Branch Offices
10077. The commissioner shall have his principal office in the City of Sacramento, and may establish branch offices in the City and County of San Francisco, the City of Los Angeles and in such other cities as the commissioner may deem necessary, subject to the approval of the Department of Finance.
Seal
10078. The commissioner shall adopt a seal with the words “Real Estate Commissioner State of California” and such other device as the commissioner may desire engraved thereon, by which he shall authenticate the proceedings of his office.
Copies of all records and papers in the office of the commissioner certified under the hand and seal of the commissioner shall be received in evidence in all cases equally and with like effect as the originals.
Legal Advisor
10079. The Attorney General shall render to the commissioner opinions upon all questions of law relating to the construction or interpretation of this part or Chapter 1 of Part 2 or arising in the administration thereof that may be submitted to him by the commissioner. The Attorney General shall act as the attorney for the commissioner in all actions and proceedings brought by or against him under or pursuant to any of the provisions of this part or of Chapter 1 of Part 2.
Rules and Regulations
10080. The commissioner may adopt, amend, or repeal rules and regulations that are reasonably necessary for the enforcement of the provisions of this part and of Chapter 1 (commencing with Section 11000) of Part 2 of this division. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act.
Credit Reports
10080.5. In the event the commissioner employs the services of an agency engaged in the business of furnishing credit reports, such agency shall have been engaged in such business continuously in this State for a period of not less than five years prior to the time of such employment.
Commissioner’s Power to Enjoin
10081. (a) Whenever the commissioner believes from evidence satisfactory to him that any person has violated or is about to violate any of the provisions of this part or of Chapter 1 (commencing with Section 11000) of Part 2 or any order, license, permit, decision, demand or requirement, or any part or provision thereof, he or she may bring an action in the name of the people of the State of California in the superior court of the State of California against that person to enjoin him or her from continuing the violation or engaging therein or doing any act or acts in furtherance thereof.
In this action an order or judgment may be entered awarding such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order shall be granted without at least five days’ notice to the defendant.
If the commissioner makes a showing satisfactory to the court that the violations or threatened violations jeopardize funds and properties of others in the custody or under the control of the defendant, the court may appoint a receiver for management of the business of the defendant, including, but not limited to, the funds and properties of others in his or her possession or may make any other order as it deems appropriate to protect and preserve those funds and properties.
The order appointing the receiver shall specify the source of the funds for payment of the fees of the receiver and the costs attributable to administering the receivership. Unless provided for in the order, the commissioner shall not be liable for payment of the fees or costs.
(b) The commissioner may include in any action authorized by subdivision (a), a claim for restitution on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the court shall have jurisdiction to award appropriate relief to such persons.
Injunction – Appointment of Receiver
10081.5. Whenever the commissioner believes from evidence satisfactory to him or her that any real estate licensee has violated or is about to violate, the provisions of Section 10145, the commissioner may bring an action in the name of the people of the State of California, in the superior court of the State of California, to enjoin the licensee from continuing the violation or engaging therein or doing any act or acts in furtherance thereof.
In the event the commissioner has conducted an audit which reflects commingling or conversion of trust funds in excess of ten thousand dollars ($10,000), the court may enter an order restraining the licensee from doing any act or acts in furtherance thereof, and from further exercising the privileges of his or her license pending further order of the court, provided that a hearing shall be held on the order within five days after the date thereof.
After such hearing in the manner provided by law, an order may be entered appointing a receiver, or such other order as the court may deem proper. The order appointing the receiver shall specify the source of the funds from which the fees of the receiver and the costs of administering the receivership are to be paid. Unless provided for in the order, the commissioner shall not be liable for payment of the fees or costs.
A receiver appointed by the court pursuant to this section may, with the approval of the court, exercise all of the powers of the licensee or its officers, directors, partners, trustees, or persons who exercise similar powers and perform similar duties, including the filing of a petition for bankruptcy of the licensee.
Directory
10082. The commissioner may publish or cause to be published at appropriate intervals a directory or list of licensed brokers and salesmen and may publish therewith such matter as he may deem pertinent to this part and Chapter 1 (commencing with Section 11000) of Part 2. He shall furnish one copy of such directory to each licensed broker upon his request and the payment of an appropriate charge based upon cost of publication. Such directory may contain copies of the Real Estate Law, Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of the Business and Professions Code, and the Rules and Regulations of the Real Estate Commissioner.
Bulletin
10083. The commissioner may periodically issue a bulletin containing matter relating to the department, and to the provisions of this part and of Chapter 1 (commencing with Section 11000) of Part 2, and the administration thereof, and may publish the same character of matter in any established periodical published in the state which in his opinion would be most likely to disseminate such matter and information to licensees under this part.
CALIFORNIA REAL ESTATE LAWS CONTINUED, CLICK TO NEXT PAGE HERE
California Real Estate Law pages: 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16
CURRENT TOP 
REPORT LINKS:
FBI & U.S. ATTORNEY INVESTIGATE WINDERMERE COACHELLA VALLEY, CHARGED WITH PROFESSIONAL NEGLIGENCE, UNFAIR TRADE PRACTICES & OTHER CLAIMS IN $30 MILLION-PLUS DEAL—COMPLAINT ALLEGES WINDERMERE SERVICES IS AN "UNLICENSED ENTITY" FIFTH AMENDMENT CASE MANAGEMENT UPDATE: "...the following additional matters be considered or determined at the case management conference (specify): Fifth Amendment Privilege issue as to Peggy Shambaugh, defendant and major witness."
Above L to R: (1) Joseph R. "Bob" Deville and (2) Bob Bennion of Windermere Services Southern California, Bennion & Deville Fine Homes, Inc., and Windermere Real Estate Coachella Valley. (3) Peggy Shambaugh, Realtor at Windermere Real Estate Coachella Valley, Indian Wells office. (4) Current Windermere Services Company governing persons John W. Jacobi, (5) Geoffrey P. Wood, (6) Jill Jacobi-Wood, (7) John O'Brien "OB"Jacobi, (8) attorney Paul Drayna—WSBA# 26636, (9) and Timothy Wissner.
ADDITIONAL CURRENT BENNION & DEVILLE FINE HOMES, WINDERMERE COACHELLA LAWSUITS:
BENNION & DEVILLE, DBA WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR CONSTRUCTIVE FRAUD AND OTHER CLAIMS
FEDERAL CASE: A&L PARTNERS, ANDREA MARQUEZ, JOSEPH R. DEVILLE, BOB BENNION, BENNION & DEVILLE FINE HOMES, SUED FOR TRADEMARK INFRINGEMENT
RELATED SIDEBAR: WINDERMERE PREFERRED LIVING, BREA, CALIFORNIA, CLAIMS TO BE WINDERMERE "PREFERRED PROPERTIESTM" IN FALSE AND PREDATORY WEBSITE TAKEDOWN LETTER WHILE SIMULTANEOUSLY BEING SUED FOR USING THE "PREFERRED PROPERTIES" PHRASE
CASE UPDATE 1/3/2012: PLAINTIFF FILES REQUEST FOR DISMISSAL WITHOUT PREDJUDICE
WINDERMERE REAL ESTATE SERVICES COMPANY, WINDERMERE REAL ESTATE SOCAL, INC., and WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR WRONGFUL DEATH DUE TO NEGLIGENCE IN RENTAL HOME CHILD DROWNING
Andrea Turnage (left) of Windermere Real Estate, Indian Wells, California: "One of the worst experiences in real estate I've ever had..." and "...extremely unprofessional and unethical..." READ ANDREA'S REVIEW HERE
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ATTENTION AGENTS AND REALTY FRANCHISE OPERATORS: CONSIDERING A BUSINESS ASSOCIATION WITH WINDERMERE REAL ESTATE?
"In Retaliation Windermere Sought to Make the Litigation as Expensive and Time Consuming as Possible to Dissuade Mr. Rodriguez and other Agents from Asserting Claims against Windermere"
"On April 4, 2005, without explanation, Mr. Jacobsen terminated Mr. Rodriguez's agency with Windermere. CP 92. As part of the termination agreement, Mr. Jacobsen reviewed the files for five pending transactions and agreed that Mr. Rodriguez was entitled to one half of the listing commission on those transactions... In November 2005, however, before the Brady transaction closed, Mr. Jacobsen unilaterally changed the commission disbursement form in a way that eliminated Mr. Rodriguez's share of the listing commission. CP 92; TE 14. Neither Mr. Jacobsen nor Ms. Thompson ever told Mr. Rodriguez of the change or that he would not receive his $16,800 share of the commission from the Brady transaction. CP 94." Windermere Wall Street's Richard "Jake" Jacobsen (shown left).
WINDERMERE SERVICES COMPANY v. MAXWELL (FORMER WINDERMERE PCR OWNER) UPDATE: VOLUNTARY DISMISSAL OF CLAIMS FILED
A REAL ESTATE FRANCHISE OWNER'S ULTRA-NIGHTMARE: "...Jacobi decided to open another Windermere office in the territory in which WPCR was operating..."
PLEADINGS AND THE ENTIRE SAGA OF WINDERMERE PUYALLUP CANYON ROAD
WINDERMERE EAST SUES ITS OWN AGENT—DEFAULT JUDGMENT OF $76, 535.47
WINDERMERE SERVICES LITIGATION with DISGRUNTLED FORMER FRANCHISEES
21 Former California Offices Drop the Windermere Brand
Get the Popular Windermere Franchise News here
8-Office Powerhouse Quits the Windermere Brand: Windermere Exclusive Properties Changes to Real Living Lifestyles
THE WINDERMERE RELOCATION RAPE CASE • COMPLETE LIST OF PIERCE COUNTY, WASHINGTON, WINDERMERE CASES
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LITIGATION WITH WINDERMERE REAL ESTATE? DON'T EXPECT HONEST, AVERAGE LEGAL COMPETENCE—OR EVEN COMMON DECENCY: Opposing counsel and legal professionals should take note of Windermere Services Company and Demco Law Firm Lying Lawyers and Legal Process Cheats, Paul Stephen Drayna and Matthew F. Davis (shown left, respectively), by clicking here for salient review of these two princes of process abuse and unethical misconduct. Holding lawyers in low esteem has become a national pastime, and absolutely craven, crooked characters like Drayna and Davis are just a couple of the many reasons why. Windermere must often be compelled by courts to provide or participate in discovery—as in this example. For information on Windermere Services Company's privity with franchises—click here.
PROSPECTIVE WINDERMERE FRANCHISEES and RENEWING WINDERMERE FRANCHISEES HAVE A RIGHT TO KNOW: John W. Jacobi and franchisor WSC demand fees and commissions, but won't protect the brand image that Windermere franchise owners pay for—as graphically evidenced by this website. Prospective and renewing Windermere franchisees should click here for FEDERAL TRADE COMMISSION RULES, PART 436, FRANCHISOR DISCLOSURE REQUIREMENTS.
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Considering LISTING YOUR HOME with Windermere? Focus on Risk and Unethical Misconduct in Consumer Realty Services...
PAUL STICKNEY WINDERMERE SCA'S MILLION-DOLLAR FAILURE TO DISCLOSE A CONFLICT OF INTEREST
THE PAUL STICKNEY WINDERMERE REAL ESTATE/WINDERMERE SCA REDMOND SUPERSEDEAS APPEAL BOND
INTERESTED PARTIES and PROSPECTIVE BUYERS SHOULD THINK TWICE PAUL STICKNEY'S CURRENT LISTINGS
DOWNLOAD and READ THE WINDERMERE REDMOND SCA/PAUL STICKNEY WINDERMERE REAL ESTATE $1,030,627.00 JUDGMENT HERE
PAUL STICKNEY WINDERMERE REAL ESTATE'S (A.K.A. STICKNEY TEAM) MILLION-DOLLAR FAILURE TO DISCLOSE A CONFLICT OF INTEREST: Plundering Paul Stickney (left) was officially adjudged by Washington courts as having a conflict of interest and failing to disclose it to his Windermere SCA clients—Mark and Carol DeCoursey—when he sold them a Redmond house, and then recommended a remodeling company. But Stickney neglected to mention he was AN OWNER of the remodeling company, who absolutely ruined their home. Stickney testified that he DID NOT KNOW he was named as the company's VP until AFTER the DeCoursey's lawsuit began. STORY HERE
(Left to right) Governing Persons of the Washington Loan Company: 1) Windermere Founder John W. Jacobi is listed as President of the Washington Loan Company; 2) Timothy Wissner, CFO of franchiser Windermere Services, and CFO of Windermere Solutions, is listed as Washington Loan Company Vice President; 3) Kendra Vita, Manager of franchiser Windermere Services Company is listed as Secretary of the Washington Loan Company; 4) franchiser Windermere Services Company General Counsel, attorney Paul S. Drayna—WSBA #26636—is listed as Registered Agent of the Washington Loan Company; 5) Don Riley, Washington Loan Company manager; 6) Windermere Real Estate S.C.A. Redmond owner Craig Shriner; 7) Windermere Redmond SCA managing broker Aaron Shriner; 8) Windermere Redmond SCA agent Christopher Judd.
Scams Typical Of Every Windermere Network Office: A Windermere Real Estate SCA Redmond Review That You Should Read
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The Windermere Relocation Rape Case: Court Declares that Windermere "...condoned a rape by a business colleague..."
The incredibly violent and insidious psychological ramifications of rape, connected through an “abusive work environment” serves as an unfortunate—yet credible—subtext for the way in which Windermere Real Estate treats employees and defrauded, damaged customers alike. Windermere’s application of aggressive, wasteful and mendacious litigation to stall and ruin innocent consumers serves as the coercive metaphor of corporate power and arrogance: Windermere has no genuine concern for the damage it has done to people or communities, It cares only about how to manipulate the law and the courts to avoid any legal responsibility—and about how to deflect bad PR with disingenuous promotion.
(Left to right) Windermere CEO Geoff Wood (far left) is listed as a Governing Person of Windermere Relocation. Peggy Scott (second from left), also a Governing Person of Windermere Relocation, "... did not give Little any advice about going to the police, and she did not conduct an investigation of Little's complaint..." Windermere attorney Paul Drayna (third from left) is listed as the registered agent of RELO LLC, the entity name of Windermere Relocation. Windermere Founder John W. Jacobi (fourth from left) along with Gayle Glew (far right) are listed as Governing Persons of Windermere Relocation during the Little case. Glew told Ms. Little he did not want any "clouds in the office," and after she would not accept a pay cut, that she should "...clean out her desk."
All citizens who abhor such treatment of women in the workplace should recall Maureen Little v. Windermere Relocation when choosing real estate services. WindermereWatch visitors will also want to read the United States District Court of Appeals Ninth Circuit's Order and Amended Opinion from the Little case.
WINDERMERE ATTORNEY AND SOUTH WHIDBEY FREELAND WINDERMERE FRANCHISE OWNER JOHN DEMCO'S AGENTS' ABUSE, UNDUE INFLUENCE and EXPLOITATION OF A VULNERABLE ADULT: Windermere mother-and-daughter agents Saul and Gabelein take advantage of an elderly woman: “Emma has sold property to members of the Gabelein family for a fraction of its value, jeopardizing her ability to remain in her home for the remainder of her life." The single most despicable example of Windermere’s egregious contempt for justice and human decency—not to mention, its very own customers. CLICK HERE FOR THIS TRULY SHOCKING MUST-READ ACT OF WINDERMERE PREDATION. (Demco, Saul and Gabelein, shown left.)
CO-OWNER OF WINDERMERE MOUNT VERNON/SKAGIT VALLEY AND WINDERMERE ANACORTES PROPERTIES, NATE SCOTT; ALSO SALES MANAGER COLLEEN CRAIG, AND AGENT MEREDITH LAWS OF WINDERMERE ANACORTES PROPERTIES (shown left, respectively), SUED FOE FRAUD IN MYSTERIOUSLY APPEARING "2ND LISTING" CASE: Skagit County single mother of autistic, special needs five-year-old and Natural Spa & Body Care Products entrepreneur filed Complaint.
YOU NEVER KNOW WHAT A WINDERMERE EAST ASSOCIATE BROKER MIGHT BE DOING: " Judgment is hereby entered in favor of Ivan G. Popchoi and Varvara M. Popchoi and against Csaba Kiss (left) in the total amount of $44,885,39, ... "On October 17, 2006, Melanie A. Leary, an attorney with the Demco Law Firm, P.S., sent Mr. Williams a written response to his October 6, 2006 letter. Ms. Leary advised Mr. Williams that she represented Mr. Kiss and relayed Mr. Kiss’s position that the Popchois were not entitled to the protection of the warranties provided by the Statutory Warranty deed executed by Mr. Kiss. Ms. Leary’s letter notified Mr. Williams that Mr. Kiss was “far more inclined to let a court decide” the Popchois’ warranty rights “than to spend money to settle” the Popchois warranty claim.”
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Complaint alleges Windermere Auburn and Lake Tapps owner told employee: "You're nothing without me! We don't date, you don't have a job!" ... "Tollen ridiculed Clark, humiliated her and verbally abused her at work and in public ... Tollen grabbed Clark and threw her against garbage cans. She fell. While she was lying on the ground Tollen kicked her at least ten times, yelling "You're a piece of shit! ..."
WINDERMERE REAL ESTATE AUBURN, INC., SUED BY EMPLOYEE FOR CONSTRUCTIVE DISCHARGE, HOSTILE WORK ENVIRONMENT, NEGLIGENCE, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CIVIL CONSPIRACY IN PIERCE COUNTY, WASHINGTON, COMPLAINT. OWNER OF WINDERMERE REAL ESTATE AUBURN AND WINDERMERE REAL ESTATE LAKE TAPPS, THOMAS TOLLEN, SUED FOR CIVIL ASSAULT AND BATTERY, TRESPASS, INVASION OF RIGHT TO PRIVACY, CIVIL STALKING AND OTHER CHARGES—PLEADS GUILTY TO RELATED CRIMINAL COUNTS
Complaint for Declaratory Relief, Damages and Foreclosure of Landlord's Lien against Windermere Real Estate/Auburn, Inc., and Windermere Real Estate/Cascades Group, Inc. Judgment for Plaintiff: $128,105,63, costs of $342.80 and attorney's fees of $7,420.00 CASE HERE
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LYING CORPORATE CRIMINALS JOHN W. JACOBI and PAUL STEPHEN DRAYNA... IS WINDERMERE REAL ESTATE ONE OF WASHINGTON'S MOST RESPECTED BRANDS?
SHAMELESS LIARS, BULLIES, COWARDS and PUBLIC PREDATORS: Windermere Founder and Chairman, John W. Jacobi (left), and Windermere Services General Counsel, attorney and Jacobi yes-man, Paul Stephen Drayna—a University of Wisconsin Law School alumnus (right)—ruin damaged Windermere customers with marketing lies and the costly, mendacious lawsuits they file against defrauded Windermere victims who speak publicly. Jacobi and Drayna falsely sue an outspoken party for trade libel and defamation, try to coerce the defendant into a "dark clause" settlement agreement through fear and intimidation, continue to prosecute the bogus action for years at enormous cost to the parties, then run away and voluntarily dismiss their own lawsuit under Civil Rule 41, just prior to trial when the honest, innocent victim persists in refusing to sign away their speech rights. Is Windermere Real Estate one of Washington's most respected brands? STORY HERE
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BOISE, IDAHO, WINDERMERE REAL ESTATE/RICHARD B. SMITH and ITS ECOBROKER, MINDI MCALLASTER, SUED FOR BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY, NEGLIGENCE, AND VIOLATION OF THE CONSUMER PROTECTION ACT IN MOLDY HOME CASE WHERE BUYER WAS FORCED TO MOVE FROM THE NEWLY PURCHASED PROPERTY (Shown at left to right) Jason Gray Smith, Broker/Owner/EcoBroker at Boise, Idaho, Windermere Real Estate/Richard B. Smith, who states on his Windermere webpage, "Your broker must be there for you during each part of the deal..."; Shelley Smith Eichmann, Owner at Windermere Real Estate/Richard B. Smith; and Mindi McAllaster, AB & EcoBroker at Boise, Idaho, Windermere Real Estate/Richard B. Smith, who says on her Windermere webpage, "I joined Windermere/Richard B. Smith because of its mission to serve the community through leadership, the highest ethical standards,and uncompromising honesty and integrity..."
WINDERMERE REAL ESTATE/CAPITAL GROUP of BOISE, IDAHO, SUED FOR VIOLATION OF THE FAIR HOUSING ACT—TITLE VIII of the CIVIL RIGHTS ACT of 1968. WINDERMERE AGENT MARY LIESE ALLEGED TO HAVE TOLD AN IFHC TESTER, "WE PREFER PEOPLE 55 AND OVER." Complaint Charges: "The Defendants have engaged in coercion, intimidation..." CASE UPDATE 07/19/2011: Stipulation of Dismissal filed by Intermountain Fair Housing Council. Defendants Steve Osburn and Mary Liese are now listed as employees at Windermere Boise—Access Realty.
Windermere Real Estate Bellevue Commons Sued for Unlawful Removal and Exclusion of Plaintiff from the Residence, Negligence, Breach of Statutory Duty, Conversion, and Violation of the Consumer Protection Act. Windermere Bellevue Commons Sales Associate Tony Ferrelli's Alleged Response when Informed of Plaintiff's Missing Personal Property was "Not my problem." Get the Windermere Bellevue Commons Answer here. Left to right) Windermere Bellevue Commons associate Tony Ferrelli, associate Marcus Crane, and Windermere Bellevue Commons owners Courtney Adams, and Amy Adams, whose Windermere web page states "I strongly believe that everyone should be treated with kindness, fairness, caring, and honesty." But does Ms. Adams' definition of honesty include informing the Bellevue Commons clients of Dick and Cecilia Pelascini about their violation of the consumer protection act? GET THE STORY HERE
WINDERMERE BELLEVUE COMMONS ASSOCIATE BROKER DICK PELASCINI'S FORECLOSURE RESCUE RIPOFF SCAM: "At about the period of Pace-Knapp’s initial notices of foreclosure, Windermere Associate Broker Dick Pelascini (left), and Thomas Boboth of Pacific Shoreline Mortgage, individually approached her at her home. She knew neither of the men, but they were clearly aware of her pending foreclosure. They offered to collaborate with Pace-Knapp in an effort to save her home. Pelascini and Boboth each proffered business cards, identifying each respectively as a broker at a real estate company, and the president of a mortgage company. The pair visited many times over the ensuing weeks, continually offering to help her. Neither man ever stated they wanted to buy her house, or offer her a loan. Pace-Knapp declined their offers of help." Click here for this report and the Court's opinion
WINDERMERE REAL ESTATE/WEST CAMPUS, FEDERAL WAY, WASHINGTON, AND ITS AGENT DAN DENNIS, SUED FOR BREACH OF CONTRACT, FRAUDULENT MISREPRESENTATION, UNJUST ENRICHMENT, AND NEGLIGENT MISREPRESENTATION. Complaint alleges that “…Windermere Real Estate/West Campus, Inc. and Dan Dennis SUPPLIED FALSE INFORMATION to AMERCO in its business transaction…" (Shown left to right) Windermere Defendant Dan Dennis, the generic silhouette head of John A. Tidwell, Manager, Owner and Designated Broker of Windermere West Campus.
Windermere Real Estate West Campus Federal Way; Agents Dan Dennis and Cheryl Crutcher Sued by Newport Village Condominium Owners Association for Misrepresentations and/or Omissions of Material Fact, Fraudulent Concealment, and Violation of the Consumer Protection Act. (Shown left to right) Windermere Real Estate/West Campus Federal Way Defendants Broker Dan Dennis and Salesperson Cheryl Crutcher. The generic silhouette of John A. Tidwell, Owner and Designated Broker of Windermere West Campus Federal Way. Complaint alleges "... intentionally and/or negligently failed to disclose facts regarding known defects and physical hazards..."
Maria Kalafatich of WINDERMERE PROFESSIONAL PARTNERS, Tacoma, Sued for Negligent Misrepresentation, Fraud and Fraudulent Concealment, Rescission, Violation of the Washington Consumer Protection Act, Professional Negligence / Violation of RCW 18.86.030. Leslie Walters of WINDERMERE COMMENCEMENT ASSOCIATES, Tacoma, Sued for Professional Negligence /Violation of RCW 18.86.030. Defendants WINDERMERE PROFESSIONAL PARTNERS, LLC, and WINDERMERE COMMENCEMENT ASSOCIATES, INC., Sued for Vicarious Liability Under RCW 18.85.155 as Liable for the Tortius Conduct of Defendants Kalafatich and Walters.(Left to right) : Windermere Professional Partners' Maria Kalafatich, who states on her Windermere web page that "My clients appreciate my integrity..." Windermere Commencement Associates' Leslie Walters, Windermere Commencement Associates owners David Sinding and Dick Beeson. Windermere Professional Partners owner Michael Robinson.
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WINDERMERE AFFILIATED SERVICE COMPANIES: CW TITLE REPORTS—PREVIOUSLY COMMONWEALTH LAND TITLE OF PUGET SOUND
CW TITLE REVIEWS: "I'M STILL WAITING TO CLOSE ON MY PROPERTY BECAUSE OF HER LIES."
Windermere's Commonwealth Land Title of Puget Sound—AKA CW Title—Sued for Slander of Title and CPA Violation: Dismissal Update
Jury Finds Windermere's Commonwealth Land Title Company of Puget Sound Negligent, Awards $1,190,000.00
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, a Texas Limited Partnership; NORTHWEST TRUSTEE SERVICES CORPORATION, a Washington Corporation; COMMONWEALTH LAND AND TITLE OF PUGET SOUND, LLC, a Washington Limited Liability Company; FEDERAL HOME LOAN MORTGAGE CORPORATION, a United States Government Sponsored Enterprise, sued for Wrongful Foreclosure, Violation of the Consumer Protection Act, and other claims. Complaint alleges: "This is a violation of the Trustee's duty of good faith as provided by statute and a violation of federal statutes."
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A Message to Seattle Pro Musica's Board of Directors about its relationship with Legal Predator Paul S. Drayna and Windermere Services Company: The business ethics and civil conduct your 501(c)3 board members demonstrate at their regular employment also reflects on the way Seattle Pro Musica is managed, on its professed core values, and on its high public duties of social responsibility and absolute financial integrity.
ATTENTION SEATTLE PRO MUSICA BOARD MEMBERS:
Noreen King, President, Seattle Pro Musica; Sales Manager Belo, Inc.
Katie Oman, Vice President, Seattle Pro Musica; Fisher Dachs Associates, Project Manager; Fermata Consulting, Principal
Josh Smith, Treasurer, Seattle Pro Musica; Director, Cost Analysis, Washington Dental Services
Paul S. Drayna, Corporate Secretary/Legal Counsel, Seattle Pro Musica; General Counsel, Windermere Services Company
J Howard Boyd, Board Member, Seattle Pro Musica; Zanadu Comics, Downtown Seattle Store, Manager
Carole Jones, Chair, Marketing Committee; Carole Jones Design, Principal
Jim Nuerenberg, Board Member, Seattle Pro Musica; The Boeing Company, Project Manager
Laura Patton-Ballard, Chair, Membership Committee; Physician, Group Health Cooperative, ret.
Christa M. Phillipson, Chair, Education and Outreach Committee, Seattle Pro Musica;
Austrian Classics, a Music Education Institute, Sole Proprietor
Urging the public: Don't support or donate to Seattle Pro Musica choral group (shown above left).
At his employment as Windermere Services General Counsel, predator attorney Paul Stephen Drayna sues innocent, financially-ruined homebuyer victims of Windermere fraud, through false and mendacious lawsuits of intimidation that seek to silence those victims and permanently terminate their speech rights. Implicit in his phony, expensive, and emotionally-distressing litigation, Windermere counsel illegally abuses process by inferring to victims that if they sign a "settlement agreement" proposed by Windermere which prevents in perpetuity any future speech about their Windermere experience (examples here), Windermere will dismiss the action against them. When victims won't sign, Drayna runs away and voluntarily dismisses his own bogus lawsuit under CR41. Is Windermere prevaricating legal bully Paul S. Drayna snickering (left) because he's so good at wrecking homes and families—and running away from Windermere's fraudulent promotion of "The highest ethical standards. Uncompromising honesty and integrity."? Or does he just enjoy thinking about Windermere victims losing their whole lives, their homes, and sleeping under bridges? To learn more about Mr. Drayna's business and professional ethics, click here.
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Windermere Real Estate Allen & Associates Agent Lance Miller's Deliberate Non-Disclosure of Home's Prior Use as Pot Farm and Methamphetamine Laboratory: Eva and Eddie Bloor relocated to Longview, in Washington State, and purchased a home from Charmaine and Robert Fritz through Lance Miller at Windermere Real Estate/Allen & Associates, who served as dual agent for both for both parties. The Fritzes and Miller both opted to withhold their knowledge that the onetime rental property had been a site for marijuana farming and methamphetamine production. Windermere and Miller were cognizant of the property’s prior use because Windermere staff managed the rental home months earlier when a drug raid occurred, and they subsequently issued a notice of eviction on the tenants after learning of their illicit operation. Locals all herd the news, including the Fritzes, who conversed about it with others. (Left, Lance Miller of Windermere Allen & Associates.) IF YOU'RE CONSIDERING DEALING WITH WINDERMERE REAL ESTATE, YOU ABSOLUTELY OWE IT TO YOURSELF—AND YOUR FAMILY—TO READ THIS REPORT BY CLICKING HERE.
Windermere Real Estate Northwest, Inc., Agent Howard Johnson, Broker and Branch Manager Loretta Larson, Sued for Violation of the Washington State Securities Act (WSSA), Negligence, Negligent Misrepresentation, Negligent Supervision (Against Windermere and Larson), Breach of Fiduciary Duty, Violation of Washington's Consumer Protection Act: (Left to right) Generic silhouette head of Steven Kieburtz, CEO and Owner, Windermere Real Estate/Northwest; April Kieburtz, President, Designated Broker, and Owner Windermere Real Estate/Northwest; and Loretta Larson, Manager and Broker, Windermere Real Estate/Northwest. Read the complete report here.
Windermere Real Estate Bainbridge Island and Associate Broker Debbie Nitsche (left) Sued for Copyright Infringement, Violation of the Lanham Act, and Unfair Competition: "Without permission of Plaintiff Lawrence, Defendants selected, modified and placed Plaintiff’s photograph as modified in the “Walkthrough Media” video... As part of their video and/or website services, Defendants Clark, Nohre and/or GraphicalData sold and distributed the video to various real estate agents, including without limitation, Debbie Nitsche..."
Washington State Representative Marcie Maxwell is a Windermere Associate Broker who never revealed her knowledge of a home’s septic system defects: Once again, Windermere escapes the legal responsibility for damages based not upon the merits of a case, but by exploiting our dysfunctional courts; and also through the disingenuous machinations and legal gymnastics of its ethically-challenged and crafty Demco counsel. (Left) Washington State Representative and Windermere Associate Broker, Marcie Maxwell. CLICK HERE FOR YET ANOTHER UPDATE ON SHENANIGANS OUR ELECTED OFFICIALS ARE UP TO...
Windermere Agent Recommends Rookie Inspector Who Misses Toxic Mold. (Left) Judy Bigelow, agent for Windermere Real Estate / West Sound, Silverdale. RCW 18.86.030: "Regardless of whether the licensee is an agent, a licensee owes to all parties to whom the licensee renders real estate brokerage services the following duties, which may not be waived: (a) To exercise reasonable skill and care; (b) To deal honestly and in good faith."
Windermere Real Estate Oak Tree and Broker Steve Laevastu Sued for Negligent Misrepresentation and Violation of the Consumer Protection Act. "Defendants Laevastu, on behalf of himself, Windermere and other defendants, misrepresented the history and quality of the Stationhouse to the current owners of Units A, B, and C prior to their purchase of a unit at Stationhouse. These buyers reasonably relied on the representations of Laevatsu and Windermere when they decided to purchase their units." (Left) Broker Steve Laevatsu of Windermere Real Estate / Oak Tree.
UNITED STATES SENATOR MARIA CANTWELL TAKES A WHOPPING $49,200 IN CAMPAIGN CONTRIBUTIONS FROM PUBLIC PREDATOR WINDERMERE REAL ESTATE! (Left) Senator Maria Cantwell, Democrat from Washington State, whose website says she "...is driven by her duty to serve the people..." Judging by Ms. Cantwell's ginormous appetite for Windermere money, she must mean her duty to
After Nearly 7 Years Producing Commission for Windermere Services and Windermere Spokane Valley Owner Cate Moye, Convicted Robbery Felon and Shotgun-Shootout Windermere Agent, Nicholas Granly, Mysteriously Disappeared from the Windermere Real Estate/Valley Roster, just as Owner Moye is Nominated for Vice Chair of Washington’s Real Estate Commission. Did Ms. Moye ever advise ANY of her unsuspecting clients that Mr. Granly might be showing their homes—or grant them the opportunity to deny Windermere agent Granly access to their homes? (Shown left to right) Cate Moye, Owner Windermere Real Estate/Valley, Spokane; Washington State Governor Chris Gregoire; Washington State Department Of Licensing's Director Liz Luce; and Windermere Real Estate/Valley, Spokane's Agent Nicholas Granly.
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BUYERS BEWARE: DON'T PURCHASE PROPERTIES BUILT BY BENNETT HOMES OF BELLEVUE
Bennett Homes of Bellevue is Generating Commission Revenue for Public Predator Windermere Real Estate: FOR THEIR OWN PROTECTION, consumers are urged to refuse seeing—OR BUYING—Bennett Homes represented by Windermere Real Estate and Windermere Bellevue Commons. PROTECT YOUR RIGHT to ETHICAL CONDUCT in REAL ESTATE TRANSACTIONS. (At left, Bennett’s Drake, Bridgeport, and Andover homes, respectively
National Real Estate Fraud Center—Windermere Real Estate Case Histories:
SOUND BUILT HOMES V. WINDERMERE REAL ESTATE SOUTH: "Accordingly, Sound Built is now entitled to a judgment against Windermere..."
"DUAL AGENCY IS PERILOUS" says Court. "...Windermere did not advise the Lunsfords that it would present the Thomas offer." LUNSFORD v. FRALEY
EARNEST MONEY FORFEITURE: Court rules "...plain language of RCW 64.04.005 does not allow substantial compliance..." CHRISP v. GOLL
An important message to University of Washington administrators, staff and regents about The Windermere Cup, social responsibility, and the University's relationship with John Wood Jacobi and Windermere Real Estate
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• Welcome to WindermereWatch •
Is WindermereWatch.com of social benefit to consumers and the public? You decide:
Windermere Real Estate is one of our country’s largest real estate companies and widely promotes a fraudulent express warranty that states “We are committed to... The highest ethical standards. Uncompromising honesty and integrity.” The definition of an express warranty from Black's Law Dictionary is: "A warranty created by the overt words or actions of the seller. • Under the UCC, an express warranty is created by any of the following: (1) an affirmation of fact or promise made by the seller to the buyer relating to the goods that becomes the basis of the bargain."
But when customers are victimized by dishonest Windermere brokers and agents, and complain in writing through legal counsel to franchiser Windermere Services Company, it is absolutely silent in the face of clear and convincing evidence, and forces the customer to sue or go away. In many cases, unsuspecting consumer lives are thrown into complete chaos through costly litigation; and also because the subject homes may actually be uninhabitable or unserviceable for reasons about which Windermere knew and had a legal obligation to disclose—but did not. For some victims, the long and expensive litigation forced upon them even results in bankruptcy and homelessness. Despite their clear evidence, many victims go on to lose in court because they can't afford attorneys or have no legal experience, and Windermere exploits those impediments to endless advantage—lives, homes, and personal finances are ruined forever. And Windermere expects those victims to just go away without their lives and homes, merely for buying a house through Windermere Real Estate, innocently.
Although such irrefutable evidence of Windermere broker/agent misconduct has been presented to franchiser Windermere Services Company, it knowingly continues collecting commissions from dishonest agents and brokers by deliberately passing them on to other unwitting consumers. Just one example is Windermere S.C.A. Redmond's Paul Stickney, who received a $522,200 court judgment for not disclosing a conflict of interest, but is still producing commissions for his Windermere SCA franchise, and Windermere Services Company. Is that the "Highest ethical standards. Uncompromising honesty and integrity?"
When victims use the media to report their Windermere experiences honestly, Windermere sues them for libel and defamation through false lawsuits to intimidate, silence, and hush bad PR—read one of those lawsuits here. It then tries to coerce victims into signing a “dark clause settlement agreement” that permanently terminates their speech rights—read some of those "settlement" agreements here. Through an expensive and emotionally distressing roller coaster ride with Windermere's nasty Demco lawyers, a victim of Windermere fraud is told they will be taken all the way to trial on trumped-up libel and defamation charges, and if they don't sign the dark clause, their life and future will be ruined. When a victim persists in refusing to sign, Windermere voluntarily dismisses its own lawsuit under Civil Rule 41, just before trial, after costing the victim years and yet thousands more to defend against the false action. This predatory legal tactic is known as abuse of process or malicious prosecution. In one example cited below, franchiser Windermere Services Company served an outspoken victim a lawsuit for libel and defamation, and then immediately sent them an email instructing that they "...need not hire an attorney," and further stating, “…we will try to resolve this directly and outside the legal system.”
Every Windermere office in every state is legally tied to franchiser Windermere Services Company's fraudulent express warranty, false advertising, predatory conduct and policies through privity and its pecuniary franchise agreement. Some legal observers believe that Windermere's conduct has RICO and Civil Rights violation implications. If you have recently purchased a Windermere franchise without having been disclosed Windermere's falling brand value, PR decline, and its adverse website problems, click here for its duty of disclosure under Federal Trade Commission rules. Proof that Windermere Services Company knew about WindermereWatch.com in March of 2007 is in this document.
Windermere Real Estate is a textbook corporate predator who operates franchises in Washington State, Oregon, California, Arizona, Nevada, Utah, Idaho, Montana, Hawaii and British Columbia. Windermere repeatedly makes the false claim that it has offices in Wyoming, but it does not. If you’re buying or selling property through ANY Windermere office, a percentage from your transaction will be used by franchiser Windermere Services Company to silence and financially ruin innocent parties who’ve encountered Windermere fraud. Windermere won't pay legitimate damages or acknowledge wrongdoing, and will stall settlement of cases all the way to state supreme courts, a legal strategy that Windermere routinely employs to bankrupt victims and exhaust their resources.
We believe the information presented here is of profound social benefit to consumers and the community, and we are dedicated to providing it.
THROUGH FEES AND COMMISSIONS PAID TO FRANCHISER WINDERMERE SERVICES COMPANY, EVERY WINDERMERE NETWORK OFFICE IN EVERY STATE IS AN ENTHUSIASTIC PARTNER AND KNOWING ACCESSORY TO WINDERMERE MARKETING FRAUD AND ITS PREDATORY POLICIES
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WINDERMERE: AMERICA'S PREDATORY REAL ESTATE ENTERPRISE
Consumer advocates, legal experts and elected lawmakers all agree that the American real estate industry demands greater regulation to protect consumers from the human disaster of real estate fraud perpetrated by unethical realtors employed at companies like Windermere Real Estate. Windermere manipulates our clogged, inundated courts and the justice system to stall, wear down and financially exhaust victimized consumers, many of whom are wiped-out by the cost of pursuing civil justice in a process where innocent victims must CHASE perpetrators of real estate fraud through the courts AFTER a fraudulent offense has been committed. Acts of fraud are so common and widespread throughout the Windermere real estate network, that the defense of real estate fraud has become has become just another bottomline expense on the Windermere balance sheet. And the litigation nightmare of real estate fraud can happen to anyone who deals with Windermere Real Estate. It could happen to you. Windermere is by far the most unethical, deceitful, and culturally toxic real estate company operating in the United States. Windermere knowingly, deliberately, and unabashedly profits on corrupt franchise owners, brokers and agents with proven histories of fraud and ethical misconduct, many of whom are profiled in the pages of WindermereWatch.com. Despite Windermere's well-documented assault on victim speech rights, more and more unconscionable cases of Windermere fraud continue emerging.
Windermere is headquartered in Seattle, at franchiser Windermere Services Company. It was founded by John W. Jacobi, and he has kept the company a private, family-owned enterprise, eluding the transparency and ethical accountability required by stockholders. For decades, Windermere has harnessed the art of positive PR, affixing itself—however superficially—to community art events, the homeless, and even an annual college rowing competition which opens Seattle's boating season—the Windermere Cup—irresponsibly promoted by, and in conjunction with, the University of Washington. But those are the disingenuous and cynical sideshows created by an adept market manipulator, shown only briefly to the public, to obscure and obfuscate Windermere's true predatory nature.
FRANCHISER WINDERMERE SERVICES' MANAGEMENT TEAM AND DESIGNATED GOVERNING PEOPLE: EXPERTS IN MARKETING FRAUD, ABUSE OF THE LEGAL PROCESS, AND AT COERCING DAMAGED WINDERMERE CLIENTS INTO SILENCE BY SUPPRESSING THEIR SPEECH RIGHTS
The shameless greed and repugnant ethics of Seattle's Jacobi family, deliberately profiting on the loss and suffering of Windermere victims through commissions on the fraudulent home deals and unlawful misconduct of dishonest Windermere agents, brokers and franchise owners. Forget human decency, commercial reputation or social responsibility—it's all about the money.
Before turning the business over to his children and son-in-law, Windermere founder John W. Jacobi (left) simply ignored any complaints of fraud from Windermere victims, sending them straight to the lawyers. Yet despite claims of retirement, Jacobi is still indeed quite active at franchiser Windermere Services Company:
In Complaint 10-2-36192-8 SEA, filed in King County Superior Court on October 12, 2010, Windermere Services Company has sued former Windermere Puyallup Canyon Road owner Joe Maxwell for default on an “Unconditional Guaranty of Payment” promissory note. The Maxwell Answer and Counterclaims state that the “Plaintiff's [Windermere Services Company] claims are barred by Plaintiff’s fraud, duress, and unclean hands,” and alleges $4,000,000 in damages and violation of Washington's Franchise Investment Protection Act; and also that "The alleged Note and Guarantee are unconscionable and unenforceable." Maxwell's Counterclaims state "6. The WPCR Operating Agreement contains a provision granting Jacobi a special veto power which among other things, states that the company shall conduct its business and manage its affairs in accordance with the directions of Jacobi and all management decisions are subject to Jacobi’s review," and "13. In early 2006, WSC and Jacobi decided to open another WSC office in the territory in which WPCR was operating, despite the objections of Maxwell. As a result of the opening of this new WSC office, WPCR lost a significant number of its real estate agents and revenue that transferred to the new office in Graham, Washington," and "14. As a direct result of these actions taken by WSC and Jacobi, WPCR was left with a large debt burden and overhead, and WPCR’s revenue was significantly reduced... 22. On September 14, 2010, Maxwell heard from a real estate agent working at WPCR that the agent had received an email from WSC notifying him WPCR’s franchise had been terminated. This notice was sent to WPCR’s real estate agents before Maxwell learned of the termination of WPCR’s franchise." Read the complete report on this case here.
Jacobi's Washington Loan Company is also currently being sued for Intentional Misrepresentation—read that report here—Case Update: Stipulation and Order for Dismissal. And the Windermere affiliated service company, Commonwealth Land Title Company of Puget Sound (recently re-named "CW Title") , has been found negligent by a jury who awarded the third-party plaintiffs $1,190,000. Read the Commonwealth report here.
Current Governing Person and Windermere Services Company CEO Geoffrey P. Wood (left) is married to John W. Jacobi's daughter, Jill Jacobi-Wood. Wood is the chief architect of Windermere marketing fraud, inducing business volume through—among other fraudulent promotion—an express warranty of "The highest ethical standards. Uncompromising honesty and integrity." When called upon to honor his company's warranty, Wood instructs Demco lawyers—led by Matthew F. Davis–to sue vocal victims for libel and defamation. Wood is also a Governing Person of Windermere Relocation, the subject enterprise of Windermere's employee rape case. He was briefly a real estate sales person in 1994, but that license was CANCELLED in 1995, and Wood currently has no real estate license of any kind that WindermereWatch can find.
Governing Person Jill Jacobi-Wood (left), Windermere Services President, is a licensed real estate broker in Washington State, and as such is subject to the statutory condition of RCW 18.86.030 "(d) To deal honestly and in good faith." For her part in Windermere's marketing fraud and malfeasance, Jacobi-Wood's RE license should be cancelled by the Washington State DOL's real estate division. By promoting honesty and integrity—while in reality—she is suing and coercing Windermere victims to shutup about their Windermere experience, Jacobi-Wood is hardly dealing honestly and in good faith.
Governing Person John O'Brien "OB"Jacobi (left) is General Manager of franchiser Windermere Services Company and also has many Windermere realty brokerage offices. He's a licensed real estate broker who is also called upon by statutory law to "Deal honestly and in good faith." But John "OB" Jacobi instead promotes fraudulent claims of honesty and integrity, and falsely sues victims of Windermere misconduct for libel and defamation to intimidate them and coerce their silence. Then this junior Jacobi runs away and voluntarily dismisses his own mendacious lawsuit when a victim refuses to sign Windermere's dark clause settlement agreement that has cost the victimized party so much distress and money to defend.
Windermere Services Governing Person and attorney—WSBA# 26636—Paul Drayna (left) has even more stringent ethical requirements placed upon him through his collateral professions of Lawyer and Notary Public; and Drayna is also bound by the Model Rules of Professional Conduct. But Mr. Drayna is not only practicing marketing fraud at Windermere. As Windermere in-house counsel, Drayna oversees Windermere's predatory litigation strategy of deliberately abusing the legal process by falsely suing victims for libel and defamation, and then attempting to intimidate and coerce those victims out of their speech rights and into Windermere's Dark Clause silence agreement. When victims WON'T sign the Windermere Dark Clause, Drayna runs away too, and voluntarily dismisses his own company's lawsuit under Civil Rule 41—but only after first costing the victim thousands to defend the phony lawsuit. Drayna is even copied on the mendacious, Demco-authored settlement documents meant to quash speech rights and be signed by Windermere victims. Drayna is also listed on the Board of Directors at Seattle Pro Musica, "a world of choral beauty," as being Pro Musica's Corporate Secretary and Legal Counsel. Pro Musica states as part of its mission "Respect/Integrity—a principle of respect and integrity in all our endeavors." So while Mr. Drayna is ruining lives by prosecuting costly, false and mendacious lawsuits that seek to intimidate Windermere victims and terminate their speech rights, he is also promoting "...a belief in the importance of music as a means of connection to each other and the community." Visitors to WindermereWatch.com and responsible citizens alike are urged to boycott Seattle Pro Musica concerts. Visit the boycott Seattle Pro Musica page by clicking here. Read a more in-depth review of Drayna's legal practice here.
Timothy Wissner (left), is named as a Governing Person and Treasurer of Windermere Real Estate Services Company. Wissner ia also CFO of franchiser Windermere Services; and CFO of Windermere Solutions; and is listed as Washington Loan Company Vice President. Washington Loan Company has also been sued for Intentional Misrepresentation—read that report here—Case Update: Stipulation and Order for Dismissal.
WINDERMERE'S DEMCO LAW FIRM: ESCHEWING ETHICS and DOING WHAT OTHER LAWYERS JUST WON'T DO
Attorney and multi-office Windermere broker John Demco (left) is the ethically-elastic Windermere kingpin lawyer who operates Demco Law, Windermere’s in-house legal firm, whose primary job is to stall and outspend small fry consumers damaged by dishonest Windermere brokers, agents and franchise owners. When an innocent real estate consumer has the misfortune to suffer one of Windermere’s many bad apples, Demco Law Firm will refuse to settle the matter forthrightly, no matter what conspicuously unlawful or offensive conduct the agent or broker has committed. Demco and Windermere will force the aggrieved party to sue or swallow their damage and go away—standard Windermere operating procedure.
WindermereWatch has compiled voluminous evidence that Windermere-Demco attorney Matthew F. Davis (left), WSBA# 20939, is the kind of lawyer about which jokes are coined. Davis is franchiser Windermere Services' frontline bully—the guy in the legal trenches actually wrecking lives, making threats, and suing victims who speak out. When Shakespeare was recommending "The first thing we do, let's kill all the lawyers," in Henry the Sixth, Part 2, he was talking about egomaniacal lawyers like Matt Davis.
Attorney Matt Davis of Windermere's Demco Law Firm is so unethical, so deceitful and intimidating, that he's famous in law circles. As Windermere-Demco's lead attorney, Matthew F. Davis is renown for his dishonesty, dubious legal tactics, lack of decency and disrespect for the rules of professional conduct. He will do absolutely anything to win—without regard for truth or justice. He will lie to courts and opposing parties. He will file fallacious and erroneous documents with the court. He will email opposing parties telling them not to hire a lawyer when he has just served them a lawsuit. He will call a judge's chambers and request more time without informing the opposing party. He will file orders for a bench trial when he knows a jury trial has been demanded and paid for. He will trick, stall, coerce, menace and threaten. He will invent and extend mendacious Windermere litigation and abuse the legal process for no other reason than to exhaust an opponent’s pocketbook. If he can, he will get YOUR attorney to quit—a favorite tactic.
Windermere, Davis and Demco Law will push a $5 cat poop case all the way to the state supreme court just to avoid paying damages—because it’s all in the Windermere operating budget. And in the end, Windermere and Davis will try to coerce silence about your Windermere experience by trying to make you sign a "settlement" agreement that terminates your speech rights, so you can't ever inform the public about your Windermere debacle. What if you DON'T sign that you'll shut up, and then SPEAK UP instead? Windermere-Demco's Matt Davis will sue you for libel and defamation, then run away and dismiss his own lawsuit on the eve of trial—because after all—you're telling the truth.
Windermere's Clear and Overt Marketing Fraud:
"THE HIGHEST ETHICAL STANDARDS. UNCOMPROMISING HONESTY AND INTEGRITY."
—The Windermere Real Estate Mission Statement
Windermere widely promotes its deceptive express warranty in sales documents and on the internet which states "We are committed to... The highest ethical standards. Uncompromising honesty and integrity." In other Windermere promotion, like the Puget Sound Business Journal, Windermere CEO Geoff Wood is quoted as saying "In the real estate business somebody's word is very important. If you say you're going to do something, you've got to do it." The article goes on to say, "Geoff oversees marketing, legal, financial and internet development services throughout the Windermere network..." Mr. Wood claims absolute dominion over both Windermere legal and internet strategy, making him chief architect of Windermere marketing fraud.
Effective reportage can be harsh in recounting facts, but it must be said in consideration of all the Windermere victims profiled here who truly sought Windermere's vaunted honesty and integrity, that Windermere Services CEO Geoffrey P. Wood is simply lying when he states his company's utterly false and fraudulent commitment to honesty and integrity. He both lies and deceives again when he says that "In the real estate business somebody's word is very important. If you say you're going to do something, you've got to do it." Wood clearly doesn't do what he says he's going to do—be committed to uncompromising honesty and integrity. Wood himself is indeed IN the real estate business and his word is absolutely no good at all. He sues victims of Windermere misconduct for trade libel and defamation to shut them up, and then he tries to use the legal system to suppress victims' speech rights when they ask him to actually perform on the warranty he promotes. As this website proves, Mr. Wood does anything BUT what he says he's gonna do. Far from providing victimized Windermere customers a commitment to high ethical standards, honesty and integrity, Wood and Windermere run away and hide behind their lawyers when innocent consumers are ruined by their Windermere experience.
John W. Jacobi, Geoff Wood, his wife Jill Jacobi-Wood, and governing cohorts John O'brien "OB" Jacobi, attorney Paul Drayna, and Timothy Wissner have gone to the absolute ends of the earth in stonewalling, ignoring, denying and fleeing any and all responsibility for Windermere wrongdoing and misconduct. When called upon by victimized Windermere consumers to make good on its warranty of honesty and integrity, Windermere even states in legal pleadings that Windermere agents are NOT agents of Windermere at all—but independent contractors. As the legally-designated Governing People and top managers of the Windermere empire who drive policy, ethics and market promotion, it demands repeating that John W, Jacobi, Geoff Wood, Jill Jacobi-Wood, John OB Jacobi and attorney Paul Drayna are all clearly lying when they promise high ethical standards and uncompromising honesty to the public and consumers of real estate services.
Protect your life, home, family and future by cancelling or not renewing your Windermere listing. Don't risk doing business with Windermere Real Estate, the brand built on lies, fraud and ruined lives. Refuse to fund public predator Windermere Real Estate with commission from the sale of your home.
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