"Ethical agents are growing more and more reluctant to show Windermere listings these days, and potentially expose their clients to such catastrophic jeopardy. WindermereWatch.com is an indispensable internet news and opinion resource that provides hard evidence why consumers and prospective realty franchisees should avoid Windermere Real Estate at all costs."

 

 

 

 

WindermereWatch

A public service consumer advocate reporting clear, compelling evidence of America's most dangerous and unethical corporate predator, Windermere Real Estate. When your home is listed for sale by Windermere, the resulting commission will fund Windermere's predatory legal strategies against other Windermere customers damaged by unscrupulous Windermere brokers, agents and franchise owners. 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 tradename built on lies, fraud and ruined lives.

ABOUT WINDERMEREWATCH.COM CONTENT: Various image and editorial WindermereWatch.com content is protected from copyright infringement by 17 U.S.C. § 107, Non-Commercial Fair Use. Learn more about Fair Use here. ALL legal documents, pleadings, and case summaries presented on WindermereWatch.com have been collected from public resources available to everyone. Challenges to WindermereWatch.com and/or Windermere Victims' First Amendment speech rights will be vigorously defended. FOR PROOF THAT WINDERMERE INTIMIDATES, THREATENS AND SUBMITS FALSE STATEMENTS TO WEBSITE HOSTING COMPANIES, CLICK HERE.

Is WindermereWatch.com of social benefit to consumers and the public? Decide by clicking here.

WindermereWatch Home Got a Comment, Question, Case Tip or Windermere Story? Email WindermereWatch

WINDERMERE REAL ESTATE: THE BRAND OF RUINED LIVES and INCOMPREHENSIBLE HUMAN TRAGEDY

 

WINDERMERE REAL ESTATE SERVICES COMPANY, WINDERMERE REAL ESTATE SOCAL, INC., and WINDERMERE REAL ESTATE COACHELLA VALLEY—dba BENNION & DEVILLE FINE HOMES—SUED FOR WRONGFUL DEATH DUE TO NEGLIGENCE IN RENTAL HOME CHILD DROWNING (Above left) Subject home of tragic drowning on Redbud Road in Desert Hot Springs, California...

...THE BENNION & DEVILLE FINE HOMES/WINDERMERE CROSS-COMPLAINT NAMES ITS OWN SALES ASSOCIATE, RON LINDEMANN, AS A CROSS-DEFENDANT...

...WINDERMERE ALSO BLAMES THE GRIEVING PARENTS: THE BENNION & DEVILLE FINE HOMES/WINDERMERE COACHELLA VALLEY ANSWER STATES, "This Answering Defendant is informed and believes and thereon alleges that Plaintiffs were aware of, perceived, appreciated, comprehended and understood the hazards associated with the existence of a swimming pool. Despite their appreciation of such risk, Plaintiffs unreasonably exposed themselves to the risk of harm, thereby causing and/or contributing to their own damages, if any."

"...fair market value, at the time Plaintiff purchased it, was only $80,000, or $230,000 less than Plaintiff had paid for it, on the advice of Windermere."

BENNION & DEVILLE FINE HOMES, DBA WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR CONSTRUCTIVE FRAUD AND OTHER CLAIMS

 

 

WINDERMERE SUED FOR UNFAIR TRADE PRACTICES... Windermere Coachella Valley and franchiser Windermere Services sued for Unfair Trade Practices in California: Bennion & Deville Fine Homes, Realtor Peggy Shambaugh, sued for Professional Negligence and other claims in $30 million-plus deal. Complaint alleges Windermere Services is an "unlicensed entity." READ THIS REPORT

 

WINDERMERE SUED FOR CONSTRUCTIVE FRAUD... Bennion & Deville Fine Homes, doing business as Windermere Real Estate Coachella Valley sued for Constructive Fraud, Unfair Trade Practices and other claims: "...Plaintiff discovered that the Baseline Property's fair market value, at the time Plaintiff purchased it, was only $80,000, or $230,000 less than Plaintiff had paid for it, on the advice of Windermere." READ THIS REPORT

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WISE NEW BRANDING: Windermere Exclusive Properties Announces Change to Real Living Lifestyles. 8-OFFICE SAN DIEGO POWERHOUSE DROPS THE WINDERMERE BRAND. STORY HERE

 

Franchiser Windermere Services Company Files Breach of Contract Lawsuit against previous franchisees Lifestyles Services Corporation, Lifestyles Services Solana Beach/RSF Corp., MRJR, Inc., all formerly Windermere Exclusive Properties.

STORY HERE

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21 Former Windermere California Offices Drop the Windermere Brand:

(1) Former Windermere Real Estate Bay Area, Berkeley, CA, office has become a Keller Williams Realty office.

(2, 3, 4 and 5) Former Windermere Real Estate Welcome Home, with locations in Castro Valley, Livermore, Pleasanton, and San Ramon, CA, have all become Prudential Real Estate Affiliates.

(6) Former proprietor of Windermere Silicon Valley Properties, Mountain View, CA, has moved to The Sereno Group.

(7) Windermere North State Properties, Redding, CA, has gone out of business.

(8 and 9) Former Windermere Dunnigan Realtors of Sacramento, CA, with locations in American River and Land Park has become Dunnigan Realtors.

(10 and 11) Former Windermere Pacific Coast Properties, CA, with locations in La Mesa and San Diego have joined the Sotheby’s International Realty Network.

(12) Former Windermere Property Professionals of Tracy, CA, have become RE/MAX Property Professionals.

(13) Former Windermere Placer County Properties of Auburn, CA, has become Gold Country Realty.

(14 and 15) The former Carlsbad Village Windermere Exclusive Properties has become Real Living Lifestyles Carlsbad Village; and the former Carlsbad Village Faire Windermere Exclusive Properties has become Real Living Lifestyles Carsbad Faire.

(16) Former Windermere Exclusive Properties Escondido has become Real Living Lifestyles Real Estate, Escondido.

(17) Former Windermere Exclusive Properties La Costa / Encinitas has become Real Living Lifestyles La Costa / Encinitas Real Estate.

(18) Former Windermere Exclusive Properties Rancho Bernardo has become Real Living Lifestyles Rancho Bernardo Real Estate.

(19) The former Windermere Exclusive Properties Rancho Santa Fe has become Real Living Lifestyles Rancho Santa Fe / Fairbanks Ranch Real Estate.

(20) Former Windermere Exclusive Properties San Diego — Carmel Valley / La Jolla has become Real Living Lifestyles Carmel Valley Real Estate.

(21) The Former Windermere Exclusive Properties Solana Beach has become Real Living Lifestyles Solana Beach Real Estate.

ALTERNATIVE SERVICE PROVIDERS:
• COLDWELL BANKER
• CENTURY 21
• JOHN L. SCOTT
• RE/MAX
• PRUDENTIAL
• KELLER WILLIAMS
• HELP-U-SELL
• ASSIST-2-SELL

 

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Smart Consumer SideBar:
 
Read the FINANCIAL CRIMES ENFORCEMENT NETWORK REPORT...

"SUSPECTED MONEY LAUNDERING IN THE RESIDENTIAL REAL ESTATE INDUSTRY"

Courtesy of www.FinCEN.gov
Download this important info here.

______________________

CONSUMERS ARE URGED TO EXERCISE CAUTION IN THEIR SELECTION OF REAL ESTATE SERVICES...

What everyone who is currently doing business with Windermere Real Estate—or what anyone who is CONSIDERING doing business with Windermere Real Estate—should know about this predatory and consumer abusive company:

In most cases, your home is the single biggest and most important investment you will ever make. Your ability to afford a home, and your home itself, are at the core of your happiness and human survival. If you can, just imagine for a moment what it would mean to lose your home; or what it would mean to lose the financial resources you’ve toiled so hard to earn—that allow you to own a home. This website is about the many individuals who have actually lost their homes or financial resources—or both—because they had the misfortune to deal with public predator Windermere Real Estate. And the cases presented here are only the ones we KNOW about—we’re finding more all the time. Please consider this next information VERY carefully, for how diligently you consider it may determine if you are willing to risk losing EVERYTHING you have ever worked for, including your home itself.

There are plenty of deceitful Realtors out there, Realtors who are willing to ruin your whole life just to make a buck. Have you ever thought about what might happen if something goes wrong with your home transaction? Most of the national brand real estate companies have policies in place to address agent or broker misconduct, but not Windermere Real Estate—it’s privately held by a single family, with no stockholders.

After all, your home is not a shirt from Macy’s you can return under a well-mandated return policy. It’s true that most home sales and purchases go smoothly, but have you ever asked yourself… “Who will be responsible if I end up with a crooked real estate agent who lies, or who doesn’t disclose something awful they know about the property I’m buying? Who will be responsible if I’m dealing with some agent who’s running a financial scam they’re not revealing? Who will be responsible if my agent is in cahoots with a dishonest seller, or is conspiring with an inspector who looks the other way at serious problems so the agent will recommend him again?”

The answer is, in most cases, it’s the franchise owner and/or the broker to whom the agent is licensed, that is responsible for agent malfeasance. And nobody would be willing to buy a Windermere franchise, or be a Windermere broker, if they’d actually end up being legally responsible for all the damage a dishonest Realtor will cause, because that damage is not done to a simple shirt from Macy’s that you can return: THAT DAMAGE IS DONE TO SOME INNOCENT AND UNSUSPECTING HUMAN BEING’S HOME, LIFE and FINANCIAL FUTURE.

If you're a buyer and some variety of agent misconduct has occurred, the subject property may not be habitable for various reasons, which will turn your life upside down, fast. There’s enormous money and emotional distress at stake. And there will be lawyers, lots of lawyers. Windermere Real Estate employs and profits on so many corrupt franchise owners, brokers and agents, that it maintains its own fulltime, in-house legal services, the Demco Law Firm. If you think for one moment that when your Windermere home deal goes bad, your Windermere broker or franchise owner is going to run over, apologize, and ask what they can do to help you, you’ve got another, very serious think coming. When your Windermere agent crosses over the Realtor code of ethics line, YOU AND YOUR HOME BECOME THE ENEMY.

That broker and/or franchise owner are legally on-the-hook for their agent’s misconduct, and the Windermere Legal War Machine will come down on you like a supersonic ton of bricks. If Windermere did not provide its franchise clients such hardcore legal resources, nobody would even BE a Windermere broker or franchise owner—the exposure is too great. And make no mistake, Windermere will do nothing—and spend nothing—to settle your problem amicably, no matter what indecency the agent or broker has committed. Windermere will force you to sue. Windermere's much-ballyhooed and heavily promoted commitment to "The highest ethical standards. Uncompromising honesty and integrity," is nothing but a marketing lie designed to induce business volume.

Windermere's Demco Law Firm is so unethical, so deceitful and intimidating, that it’s famous in law circles. Its 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 costly, 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—while your legal expenses will be coming out of your savings, retirement account, home equity or credit cards, if you even have those resources. And in the end, Windermere/Davis/Demco will try to coerce silence about your bad Windermere experience by forcing you into signing a legal "settlement agreement that terminates your speech rights, so you can't ever tell anybody or inform the public about your Windermere debacle. When you sign, they'll let you out of the bogus lawsuit.

Don't be fooled when your particular local Windermere office says "Oh... OUR Windermere franchise doesn't work that way." Every Windermere franchise in every state pays a portion of every commission to franchise policy-maker Windermere Services Company, and its legal war chest. If you are dealing with Windermere Real Estate, you are unwittingly being duped into funding Windermere's financial genocide against other damaged Windermere customers.

If anything does indeed go wrong with your Windermere home transaction—like it has for so many—you may never recover. When these profoundly devastating problems occur, the resulting irreversible human toll of precious time, money and brutal emotional distress will forever ruin your life and future. If you are considering doing business with Windermere Real Estate, think VERY carefully about doing so.

REMEMBER: IF SOMETHING GOES WRONG WITH YOUR WINDERMERE DEAL, IT'S FAR EASIER—AND CHEAPER—FOR WINDERMERE LAWYERS TO STALL AND SLOWLY WASTE YOUR ENTIRE NET WORTH ON LITIGATION, THAN IT IS FOR WINDERMERE TO STEP UP AND MAKE YOU WHOLE.

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WINDERMERE'S PRIVITY ARGUMENT

DO YOU HAVE A LEGAL DISPUTE WITH WINDERMERE REAL ESTATE? YOU MAY BE ABLE TO ADD FRANCHISER WINDERMERE SERVICES COMPANY TO YOUR COMPLAINT.

Franchiser Windermere Services Company prevailed in a motion in which it has admitted that it is in tradename privity with its Windermere network owner franchisees. (Access the motion here)

Are you suing or litigating against Windermere Real Estate? Are you the victim of a dishonest Windermere agent, broker, or franchise owner who is forcing you to sue to recover honest damages? Franchiser Windermere Services Company has prevailed in a motion in which it has admitted that it is in tradename privity with its franchisees, which may allow you to add  Windermere Services and/or the entire Windermere Real Estate Network of franchise owners to your complaint. Ask your lawyer. Read what follows here, then print out Windermere’s Motion for Partial Summary Judgment and take it to your legal counsel, or send your legal counsel the link to this story.

In King County Superior Court case number 05-2-34433 SEA, to dispose of a defendant’s counterclaims in their  defamation and trade libel lawsuit of intimidation brought against a buyer who publicized Windermere lies and its refusal to honor its public commitment to the “highest ethical standards, uncompromising honesty and integrity,” franchiser Windermere Services Company and franchisee broker Windermere Real Estate/Northeast—and their lawyer, Matthew Davis of Demco Law Firm—argued in a motion for partial summary judgment that “It is true that Windermere Services Company was not itself a party to the first lawsuit, but as the owner of the Windermere tradename, it is in privity with Windermere Real Estate/Northeast.”

Black’s Law Dictionary defines privity as:

privity (priv-e-tee) 1. The connection or relationship between two parties, each having a legally recognized interest in the same subject matter (such as a transaction, proceeding, or piece of property); mutuality of interest <privity of contract>

The court agreed with Windermere’s argument and granted its motion. But when it was clear Windermere would face a jury, it voluntarily dismissed its own lawsuit under CR 41, after first pressuring the defendant without success to be silent and sign away his protected speech rights.

While this writer is not an attorney or legal expert, and this news coverage is not intended in any way to be legal advice, it has been noted that privity works both ways, and suggested that the court’s ruling on Windermere tradename privity could be interpreted or construed to mean that Windermere Services Company shares automatic mutual liability for any harmful act or violation of law committed by any Windermere franchisee broker, because the parties share the same tradename; and/or that ALL Windermere Network franchisee brokers share automatic mutual liability for ANY OTHER Windermere Network franchisee broker’s harmful act or violation of law, through sharing the same tradename. When you are damaged by any Windermere broker or agent, the entire Windermere Network may now be mutually liable.

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AGGRESSIVE, HARDBALL LEGAL TACTICS:

WINDERMERE ABUSES THE LEGAL PROCESS THROUGH FILING FALSE AND MENDACIOUS LAWSUITS TO INTIMIDATE, BANKRUPT, SILENCE AND COERCE DAMAGED CUSTOMERS OUT OF THEIR CONSTITUTIONAL SPEECH RIGHTS

REALTY GIANT DEMANDS "DARK CLAUSE SETTLEMENT AGREEMENTS" THAT TERMINATE DAMAGED CUSTOMER SPEECH RIGHTS, BUT THEN RUNS AWAY AND VOLUNTARILY DISMISSES ITS OWN LAWSUIT WHEN VICTIMS WON'T SIGN...

As WindermereWatch proves, there are many Windermere victims—more all the time—and when those victims use the media to complain and warn others, franchiser Windermere Services Company and local franchise owners sue them for libel and defamation through specious lawsuits that are intended to intimidate and silence. Read one of the phony lawsuits here.

Then Windermere tries to coerce victims into signing a “dark clause settlement agreement” that permanently terminates their speech rights.

In the Mark and Carol DeCoursey case dark clause, Windermere even tried to dictate what the DeCourseys could say to other individuals in simple conversation: "The DeCourseys agree that they shall not communicate with any person about their dispute with Windermere unless asked, and if asked, will only state that they have resolved their claim to their satisfaction." Read the DeCoursey Case Dark Clause here.

And in another of its dark clauses, Windermere required "...that he will cease all efforts of any kind (c) to publicly state opinions or beliefs about Windermere Real Estate." Read the Kruger Case Dark Clause here.

This predatory legal tactic is known as abuse of process or malicious prosecution. When a victim refuses to sign, Windermere runs away and voluntarily dismisses its own lawsuit under Civil Rule 41—just before trial, after costing the victim years of distress and yet thousands more to defend against the false action.

In one example, franchisor Windermere Services Company served an outspoken victim a fallacious lawsuit for libel and defamation, and then immediately sent them an email instructing that they "...need not to hire an attorney," and further stating, “…we will try to resolve this directly and outside the legal system." Incredibly, Windermere implements both the aggression and arrogance to overtly and unabashedly order that a damaged customer it has falsely sued be unrepresented by counsel and resolve their dispute outside the very same legal system in which Windermere has brought suit against them.

In this day and age it all sounds so inconceivably Orwellian—but it's true.

"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

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DON'T HIRE WEST SEATTLE ATTORNEY JEFFREY C. "JEFF" MIRSEPASY

JEFFREY C. "JEFF" MIRSEPASY (LEFT) PRESSES FOR MORE MONEY JUST BEFORE A DISPOSITIVE MOTION ON THE EVE OF TRIAL, THEN REFUSES TO APPEAR FOR THE MOTION AT ALL, AND QUITS HIS CLIENT ENTIRELY—AFTER TAKING $40,000! HIRE MIRSEPASY AND YOU'RE CUTTING YOU'RE OWN LEGAL THROAT...

 

Mr. Kruger sued Windermere Northeast, Rudiger and Whittaker, waiting 20 months for trial and paying lawyer Mirsepasy nearly $40,000. But when he ran out of money, Mirsepasy demanded yet another $25,000 trial retainer to represent him at a dispositive summary judgment hearing, and Kruger failed to raise the money. Mirsepasy quit and withdrew from the case, leaving Kruger to appear at the summary judgment hearing without counsel of any kind, and Windermere was let out of the suit on summary judgment. The Complaint Kruger bought from Mirsepasy was so slapdash and poorly written that it did not contain any of Windermere's statutory violations, and it had never even been amended to include the subsequent fraudulent misrepresentation of Rudiger, Whittaker, and Windermere lies and denial. Ironically, if Mirsepasy just had the loyalty—and decency, AFTER TAKING $40,000—to appear and defend the one, single, twenty-minute motion which would’ve forced Windermere to trial, Kruger’s future and finances might have been saved. In the end, Mirsepasy deliberately ruined his own client's case out of greed and lack of humanity.

 

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"He [Mirsepasy] also MISSED my deposition..."

 

Reviews for Mirsepasy Law Offices from yelp:

 

keith c. of Renton, WA, writes:

 

"Would not listen to me when I told him that I signed crucial court documents, IE. the deposition. He continued to tell opposing council that I had not signed. After telling him several times that the documents were signed, and his ignoring me, I became upset with his service. He then fired me and left me with a huge box of papers with no organization whatsoever, except a post it note for the liens. This was after some 5 years of persuing a lawsuit with Jefferies "help"

 

He also MISSED my deposition and I had to rescheduele (sic) it. He told me he would "make it up to me" I thought with outstanding service. Instead I recieved a few bucks worth of gift cards for some coffee shop, was ignored, and later fired.

 

Would not recommend."

 

 

QUICKCLICKS TO INCISIVE WINDERMEREWATCH REPORTS

Windermere Coachella Valley and franchiser Windermere Services sued for Unfair Trade Practices in California: Bennion & Deville Fine Homes, Realtor Peggy Shambaugh, sued for Professional Negligence and other claims in $30 million-plus deal. Complaint alleges Windermere Services is an "unlicensed entity." CLICK HERE

 

And in a related case...Bennion & Deville Fine Homes, doing business as Windermere Real Estate Coachella Valley, sued for Constructive Fraud, Unfair Trade Practices and other claims: "...Plaintiff discovered that the Baseline Property's fair market value, at the time Plaintiff purchased it, was only $80,000, or $230,000 less than Plaintiff had paid for it, on the advice of Windermere." CLICK HERE

 

Franchiser Windermere Services Company Files Breach of Contract Lawsuit against previous franchiseesLifestyles Services Corporation, Lifestyles Services Solana Beach/RSF Corp., MRJR, Inc., all formerly Windermere Exclusive Properties. CLICK HERE

Jury Finds Windermere's Commonwealth Land Title Company of Puget Sound Negligent, and awards $1,190,000.00 CLICK HERE

Windermere Founder John W. Jacobi's Washington Loan Company, Windermere Real Estate S.C.A. Redmond and its Agent Christopher Judd, Sued for Intentional Misrepresentation and Other Claims in Alleged "...unlawful scheme to enrich themselves at the expense of plaintiffs and others..." CLICK HERE

21 Former Windermere California offices have recently dropped the Windermere brand. CHECK THE COUNT HERE


 

 

The Windermere Real Estate Relocation Rape Case:

Court Declares that Windermere "...condoned a rape by a business colleague..."

 

Editorial Preface: 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 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 concern for the social 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.

 

paul draynajohn jacobi

(Above L to R) Windermere CEO Geoff Wood (far left) is currently listed as a Governing Person of Windermere Relocation. Peggy Scott (second from left), also a current 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 or any follow-up interview with Little." Windermere General Counsel, attorney Paul Drayna (third from left) is listed as the registered agent of RELO LLC, the current 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 subsequently, 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.

 

Summarized and excerpted from a decision by the U.S. Court of Appeals

 

Maureen Little was employed by Windermere Relocation Services (“Windermere”) as a Corporate Services Manager, a position that required her “to develop an ongoing business relationship and relocation contacts with corporations in order to obtain corporate clients needing relocation services for their employees.” Until she was terminated, she received only positive feedback from her supervisors. Windermere’s records confirm that during the relevant period, Little had the best transaction closure record of all corporate managers by a large margin.


Unlike the other managers, Little’s employment contract provided that Little would receive $2,000 monthly, plus a $1,000 monthly override and $250 per closed sale. The override was based on the assumption that Little would close four transactions per month, with a provision for rollover when she did not make the target. According to Windermere President Gayle Glew, the other managers had not received the $1,000 override.


One of Windermere’s clients was the Starbucks Corporation. Some time in 1997, Little performed some relocation services for Starbucks Human Resources Director, Dan Guerrero, on a contract basis, and she learned from him that Starbucks was dissatisfied with its primary relocation provider. Glew told Little that he would “do whatever it takes to get this account” and that Little should “do the best job she could.” Thus, little believed that, as part of her job, she was to build a business relationship with Guerrero to try and get the Starbucks account, and she had at least two business lunches with Guerrero toward this end.


On October 14, Little accepted Guerrero’s invitation to discuss the account at a restaurant. After eating dinner with Guerrero and having a couple of drinks, Little suddenly became ill and passed out. She awoke to find herself being raped by Guerrero in his car. She fought him off and jumped out of the car, but again she became violently ill. Guerrero put her back in the car and took her to his apartment, where he raped her again. Little fell asleep, and when she awoke he was raping her again. Afterward, he showered and drover her to her car.


Little was reluctant to tell anyone at Windermere about the rape because, in her own words, “I knew how important the Starbucks account was to Mr. Glew. Mr. Glew would ask me on a consistent basis the status of the account and I was afraid that if I told him about the rape, he would see me as an impediment to obtaining the Starbucks account.” This belief was reinforced when, a few days after the rape, Little reported the rape to Chris Delay, Director of Relocation Services (apparently not one of Little’s supervisors), and Delay advised her not to tell anyone in management. Little believed that Delay feared “what might happen to [Little] if [she] did tell.”


On October 23, about nine days after the rape, Little reported it to Peggy Scott, the Vice President of Operations, who was designated in Windermere’s Harassment Policy as a complaint-receiving manager. Little described Scott’s response:


She came out around the desk and I could tell she was upset and she just gave me a hug and said she wished there was something she could do. She didn't understand what I was going through. She asked me if I was in therapy. Then she proceeded to tell me she wouldn't say anything to [Glew] unless I proceeded to seek legal action [against Dan Guerrero].

 

Scott told Little that "[s]he thought it would be best that [Little] try to put it behind [her] and to keep working in therapy," and that she should discontinue working on the Starbucks account. She did not give Little any advice about going to the police, and she did not conduct an investigation of Little's complaint or any follow-up interview with Little. Scott testified in her deposition that, because the rape occurred outside the "working environment," she believed that it fell outside the scope of Windermere's Harassment Policy.

 

Despite Little's supposed removal from the Starbucks account, Glew continued to ask her about the status of the Starbucks account during the next six weeks. "[As of December 2,] Gayle was asking me questions about Starbucks ... a couple of times every month to see what the status was." Concerned by Glew's questions, Little told her immediate supervisor, Linda Bellisario, the Vice President of Sales and Marketing, on December 2, 1997, about the rape. Little had been reluctant to tell Bellisario because she "felt that [Bellisario] would immediately go to Gayle and Gayle would terminate my position.... I knew how much this account meant to him. He said he would do whatever it took to get this account." Bellisario told Little to inform Glew of the incident.

 

When Little told Glew of the rape, which, according to Glew, was the first he had heard of it, Glew's" immediate response was that he did not want to hear anything about it." He told Little that she would have to respond to his attorneys. Glew then informed her that he was restructuring her salary from $3,000 monthly to $2,000 monthly plus $250 per closed transaction. The pay reduction was effective immediately and non-negotiable. Bellisario, who was present at that portion of the meeting, appeared "surprised and upset" to Little.

 

Little found the pay cut unacceptable, and Glew told her to go home for two days to think it over "because he did not want any `clouds in the office.'" When Little still found the pay cut unacceptable two days later, Glew told her it would be best if she moved on and that she should clean out her desk.

 

Little brought suit against Windermere, alleging unlawful discrimination and retaliation in violation of Title VII, 42 U.S.C. § 2000e, and the Revised Code of Washington § 49.60; wrongful discharge in violation of public policy; and intentional, reckless, and/or negligent infliction of emotional distress. The district court granted summary judgment in favor of Windermere on all four claims.

 

Little appealed dismissal of her claims, and the appeals court reversed in part, and ruled:

 

In sum, taking the facts in the light most favorable to Little, because her employer effectively condoned a rape by a business colleague and its effects, Little was subjected to an abusive work environment that "detract[ed] from [her] job performance, discourage[d] [her] from remaining on the job, [and kept her] from advancing in [her] career[]."

 

Incredibly, Windermere asked for a rehearing, but "...the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

 

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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.

john jacobiBefore 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 and 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. And the Windermere affiliated service company, Commonwealth Land Title Company of Puget Sound, has recently 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.

 

jill jacobi woodGoverning 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 and to defend.

 

 

paul draynaWindermere 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 just practicing marketing fraud at Windermere. As Windermere in-house counsel, Drayna oversees Windermere's legal strategy of abusing 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.

 

WINDERMERE'S DEMCO LAW FIRM: ESCHEWING ETHICS and DOING WHAT OTHER LAWYERS JUST WON'T DO

 

john demcoAttorney 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.

 

matthew davisWindermereWatch 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 and attorney Paul Drayna 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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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?" You may want to search and visit more websites about Windermere's predatory business conduct.

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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