"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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• A WindermereWatch Editorial •

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.

 

ONE OF MANY VOICES IN A COMMUNITY OF WINDERMERE REAL ESTATE VICTIMS

 

Gary M. Kruger, Publisher
email: windermerewatch@aol.com

April 7, 2011

Dr. Phyllis M. Wise, Interim President
University of Washington
Box 351230

Seattle, WA 98195-1230

Dr. Mary Lidstrom, Interim Provost
University of Washington
Box 351237

Seattle, WA 98195-1237

 

Mr. Randy Hodgins, Vice President for External Affairs
University of Washington
Box 351242
Seattle, WA 98195-1242

 

Mr. Scott Woodward, Director of Athletics
Department of Intercollegiate Athletics
University of Washington
Box 354070, Graves Building
Seattle, WA 98195-4070

 

Mr. Bob Ernst, Rowing Director
Department of Intercollegiate Athletics
University of Washington
Box 354070, Graves Building
Seattle, WA 98195-4070

 

University of Washington Board of Regents
139 Gerberding Hall
Box 351264
Seattle, WA 98195-1264

Dear Fellow Citizens and Esteemed Educators,

The University of Washington’s statement of Vision and Values in part asserts:

“UW Standard of Excellence We hold ourselves to the highest standards of ethics, as a beacon for our community and the world,” and also;

“World Citizens We embrace our role to foster engaged and responsible citizenship as part of the learning experience of our students, faculty, and staff.”

The Seattle PI reports that John Wood Jacobi, Chairman and Founder of Windermere Real Estate, is one of the top donors to the University of Washington and Husky Athletics, with a lifetime donation of $1,000.000.

The predatory business practices, overt marketing fraud, and attempts through coercion at quashing the speech rights of damaged Windermere customers by Mr. Jacobi and his real estate enterprise, Windermere, are incompatible with the University of Washington’s professed Vision and Values. Windermere’s civic conduct is a growing community scandal, and its annual Windermere Cup rowing event, produced as Windermere brand promotion upon the University’s legitimate reputation of honor, prestige and goodwill, should be halted by University policy makers. This profound conflict merits both your attention and proactive response.

In much the same manner that The Windermere Cup appears to be just good ol’ college promotion, Mr. Jacobi and Windermere publicly claim an express warranty in market promotion documents and online which in part states, “We are committed to: The highest ethical standards. Uncompromising honesty and integrity.”

But despite their alleged commitment to ethics, honesty and integrity, in numerous cases where innocent, unsuspecting consumers are victimized by unethical Windermere agents, brokers and franchise owners, Mr. Jacobi and his Windermere Services Company are completely silent and unresponsive in the face of clear and convincing evidence, demanding that victims sue or go away. Lives and homes are instantly ruined by the expense and emotionally distressing disruption of battling Mr. Jacobi’s intimidating and abusive legal machine, while the damaged parties are forced to chase dishonest Windermere personnel through our inundated and dysfunctional civil courts—for years at a time. The internet has allowed many Windermere victims to connect with one another, and more cases continue to emerge.

As a severely damaged Windermere customer who has spoken publicly—and honestly—about my Windermere Real Estate experience, I was initially bullied and intimidated out of my speech rights when Mr. Jacobi’s company used the legal process to file a specious, mendacious, and vexatious lawsuit against me, falsely alleging trade libel and defamation as a means to threaten and silence me. Shortly after the lawsuit was served, a Windermere attorney sent me an email instructing that I "...need not hire an attorney," and “…we will try to resolve this directly and outside the legal system.” Counsel for Windermere ultimately presented me with a “settlement agreement” that terminated my speech rights, while he also inferred that the action against me would be dismissed by Windermere when I signed the agreement. As trial drew near and I persisted in refusing to sign away my right to speak, Windermere voluntarily dismissed its own lawsuit under Civil Rule 41, after causing me yet even more years of expense and distress. It is impossible to know how many others have suffered the same threatening abuse of process, and quietly acquiesced.

Considering Windermere’s pledge to “The highest ethical standards. Uncompromising honesty and integrity,” in conjunction with the University of Washington’s visionary value that “We hold ourselves to the highest standard of ethics, as a beacon for our community and the world,” please review the following:

Washington State Court of Appeals Case No. 59321-8-1:

Windermere broker Dick Pelascini approached Vila Pace-Knapp, a struggling homeowner in pending foreclosure and offered to help “save her home.” The court has stated that Dick and Cecilia Pelascini of Windermere Bellevue Commons violated the Consumer Protection Act, and also that “The Pelascinis’ practice of preying on this and other vulnerable home owners on the eve of foreclosure is the type of practice likely to deceive future distressed owners in the same manner.”

Despite their CPA violation, the Pelascinis have continued generating commissions for franchiser Windermere Real Estate Services Company and its Chairman, John W. Jacobi, who in turn has given $1,000,000 to the University of Washington. In accepting Mr. Jacobi’s capital gift and promoting The Windermere Cup, the University of Washington is directly profiting—by whatever small amount—from the Pelascinis’ subsequent home sales transactions and their history of adjudicated unethical misconduct, committed while employed as Windermere sales personnel.

King County Superior Court Case No. 06-2-24906-2SEA:

Paul Stickney of Windermere Redmond SCA recommended a home improvement company to home buyers Mark and Carol DeCoursey. But Stickney didn’t disclose to DeCourseys that he was a vice president and 20% shareholder of the home improvement company, who botched the renovation so badly that its work could not meet code requirements, and the home was refused the city’s certificate of occupancy. Despite their evidence and Windermere’s commitment to “The highest ethical standards. Uncompromising honesty and integrity,” Windermere told the DeCourseys they would have to sue.

DeCourseys have pursued Stickney and Windermere SCA through the courts for years at a cost in legal fees alone exceeding $500,000. A trial court jury found that Stickney had a conflict of interest and failed to disclose it, awarding a total of  $1,030,427. Windermere appealed, and with a minor recalculation, the appeals court upheld the trial court’s award. Windermere has recently petitioned the supreme court for review, extending resolution of the case into nearly 8 years.

Even with a verdict against him and Windermere Redmond SCA, Paul Stickney has continued generating commissions for franchiser Windermere Real Estate Services Company and its Chairman, John W. Jacobi, who in turn has given $1,000,000 to the University of Washington. In accepting Mr. Jacobi’s capital gift and promoting The Windermere Cup, the University of Washington is directly profiting—by whatever small amount—from Stickney’s subsequent home sales transactions, and his history of adjudicated unethical misconduct, committed on behalf of Windermere Real Estate.

A pre-trial settlement agreement proposed by Windermere and rejected by the DeCourseys sought to terminate their speech rights: “ … the DeCourseys agree to completely cease all dissemination, broadcast, distribution, or public availability of any information, statements, claims, photographs, recordings, or other data of any kind relating to their dispute with Windermere, … The DeCourseys agree not to picket, petition, disrupt or enter any Windermere office or company. The DeCourseys agree that they shall not communicate with any person about their dispute with Windermere unless asked, and, if asked, will state only that they have resolved their claim to their satisfaction…”

Island County Superior Court Case No. 05-4-00151-0:

Windermere attorney John Demco also owns interest in several Windermere franchises, including Windermere Whidbey Island-Freeland, where mother-and-daughter agents Samantha Saul and Linda Gabalein were found by the court to have violated Washington’s Abuse of Vulnerable Adults Act. The pair exploited and exerted undue influence in the sale of prime Mutiny Bay waterfront view property over widow Emma Endicott, about whom the court said, “But since Shorty’s death, Emma has sold 15 acres of property to the Sauls, to the Gabaleins, and to the Thompsons, all of whom are members of the same family.” The court further stated, “The assessor’s value in 2001 for the property that they bought was $195,524, yet the Sauls bought the property for $80,000.”

Windermere appealed. The appeals court affirmed the trial court’s decision and said in its Conclusion, “Substantial evidence supports finding that Emma is incapacitated as to her person and as to her estate, and that the Sauls and the Gabaleins unduly influenced and exploited Emma.” Windermere lawyer and franchisee Demco defended his own agents, forcing Emma Endicott’s children into years of litigation and family distress.

How does Windermere’s egregious civic comportment in the Endicott case agree with the University of Washington’s vow that “We embrace our role to foster engaged and responsible citizenship as part of the learning experience of our students, faculty, and staff.”? Is the University’s cooperative promotion of The Windermere Cup—and in essence, promotion of the Windermere brand itself—responsible citizenship?

United States Court Of Appeals For The Ninth Circuit D.C. No. CV-98-01184-RSL:

At Windermere Relocation, Inc., where John W. Jacobi is officially designated as one of its Governing People, Corporate Services Manager Maureen Little, who was raped in the course of performing her job duties, was told by Windermere Relocation President Gayle Glew—also designated as a Governing Person—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.

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.

In its Order and Amended Opinion, the court in part stated: “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[ ].

King County Superior Court Case No. 02-2-28184-2SEA:

Windermere Northeast’s George Rudiger knowingly sold Gary Kruger a home that had suffered severe rat infestation, but was painted up in fresh “Martha Stewart Colors.” After taking possession of the property, Kruger had an allergic reaction there and discovered concealed rat abatement equipment. He found nests of dead rat carcasses, rat feces, and insulation saturated with rat urine. A pest company discovered yet more rat nests in the walls. Electrical wiring was chewed-out by rats. Interior wall studs and insulation were so soaked with rat waste that an A.S.H.I. expert home inspector concluded the house was “not fit for habitation,” and the only way to save it was to strip it to the studs, disinfect, and replace everything—a $100,000 minimum rehabilitation expense.

Kruger’s attorney wrote via certified mail to George Rudiger at his Kirkland office, and to John W. Jacobi at Windermere Services Company. Once again, despite his public commitment to “Uncompromising honesty and integrity,” Mr. Jacobi was silent. Rudiger and his broker, Joan Whittaker, responded that “Mr. Rudiger categorically denies he had any knowledge whatsoever of the alleged conditions. Indeed, if he had such knowledge, he would have seen to it that these conditions would have been disclosed by the seller,” and also that “There was no attempt by us to conceal any problematic issues with the property.” Unable to live in the toxic home or afford to repair it, Kruger maintained the vacant property, rented and paid his attorney during  9 months litigation, but was eventually forced to sell the home to a contractor at nearly a $50,000 loss. Just weeks after the sale, documents produced in legal discovery revealed not only that Rudiger and Windermere Northeast had previously sold the very same house to the party Kruger bought it from—Rudiger’s personal friends of 30 years—but that Rudiger himself had written an addendum to his friends’ purchase and sale agreement that specifically required remediation of rat infestation.

Kruger was forced to sue but his attorney quit when he ran out of money. Windermere was let out of the suit on summary judgment when he appeared at oral argument without counsel, and he has been without a home ever since, after working a lifetime to afford one.

George Rudiger is still generating commissions for franchiser Windermere Services Company and its Chairman, John W. Jacobi, who in turn has given $1,000,000 to the University of Washington. In accepting Mr. Jacobi’s capital gift and promoting The Windermere Cup, the University of Washington is directly profiting—by whatever small amount—from George Rudiger’s documented history of unethical misconduct, committed on behalf of Windermere Real Estate.

King County Superior Court Case No. 05-2-34433-4SEA:

When Kruger initially published WindermereWatch.com—an honest account of his Windermere experience—John W. Jacobi’s Windermere Services Company sued him for trade libel and defamation. A Windermere attorney sent him coercive emails urging that he sign a “settlement agreement” which terminated his speech rights. Windermere harassed and intimidated Kruger with the mendacious lawsuit another 23 months, costing him thousands more and causing great distress. But Windermere voluntarily dismissed its own lawsuit under Civil Rule 41 on the eve of trial when Kruger persisted in refusing to relinquish his speech rights.

United States District Court For The District Of Idaho Case No. CV 09-522:

Windermere Real Estate, Capital Group, Inc., of Boise, Idaho, has been sued for violations of the Fair Housing Act, including discrimination on the basis of familial status; discrimination on the basis of handicap; discriminatory notice or statement; and interference, coercion or intimidation.

Read court opinions and judge the facts for yourself in these cases at WindermereWatch.com.

_______________________

Windermere’s attempted coercive inducing of legal settlement agreements containing clauses which terminate an individual’s speech could be a civil rights violation.

Many believe the University of Washington’s corporate relations should not include profit upon a local real estate enterprise who conspicuously continues to collect commission from agents, brokers and franchise owners with histories of unethical misconduct, proven by factual evidence and legal judgment. It is therefore the University of Washington’s own, self-stated duty of  “responsible citizenship” to sever its relationship with Windermere Real Estate, and return John Wood Jacobi’s million-dollar donation.

“Honesty” and “integrity” and “ethical” are often the most disingenuously overused words in our culture. I urge your courageous, socially-responsible and genuine support of those words—and of basic human decency—by ending the University of Washington’s association with Windermere Real Estate.

Most sincerely,

Gary M. Kruger

Publisher, WindermereWatch.com

 

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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.

 

 

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 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.

(Above left to right) 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.

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 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.

 

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 and 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 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

 

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 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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