"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
When you're done here, read this related case:
FBI & U.S. ATTORNEY INVESTIGATE WINDERMERE COACHELLA VALLEY, CHARGED WITH PROFESSIONAL NEGLIGENCE, UNFAIR TRADE PRACTICES & OTHER CLAIMS IN $30 MILLION-PLUS DEAL—COMPLAINT ALLEGES WINDERMERE SERVICES IS AN "UNLICENSED ENTITY"
Above L to R: (1) Joseph R. "Bob" Deville and (2) Bob Bennion of Windermere Services Southern California, Bennion & Deville Fine Homes, Inc., and Windermere Real Estate Coachella Valley. (3) Peggy Shambaugh, Realtor at Windermere Real Estate Coachella Valley, Indian Wells office. (4) Current Windermere Services Company governing persons John W. Jacobi, (5) Geoffrey P. Wood, (6) Jill Jacobi-Wood, (7) John O'Brien "OB"Jacobi, (8) attorney Paul Drayna—WSBA# 26636, (9) and Timothy Wissner.
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Nada L. Edwards, Gary E. Kovall, Robert A. Rosette, Rosette & Associates PC, Monteau & Peebles LLP, Fredericks & Peebles LLP, Fredericks Peebles & Morgan LLP, Sued in Case Referencing Windermere Coachella Valley's Peggy Shambaugh, Officially Listed as an "Interested Party."
(Left and right) Attorney Defendant Gary E. Kovall, and wife Peggy Shambaugh, Realtor at Windermere Real Estate Coachella Valley, Indian Wells office, who is listed as an Interested Party in her husband's trial. Black's Law Dictionary defines an interested party as, "A party who has a recognizable stake (and therefore standing) in a matter."
...Kovall, ostensibly on behalf of the Tribe, negotiated a sales price of $29 million, which was to include a 3.5% commission to Windermere and its licensed salesperson, Shambaugh. On information and belief, Kovall knew or should have known the Echo Trail property had a market value of no more than $20 million...
DOWNLOAD A PDF COPY OF THE FIRST AMENDED COMPLAINT HERE
Other Real Estate Deals Involving Windermere and Shambaugh
35. Prior to the Tribe's acquisition of the 47 acres and while Kovall was romantically involved with Shambaugh and, again, unbeknownst to the Tribe, Kovall arranged for Windermere and Shambaugh to represent the Tribe in connection with the acquisition of other parcels of real property located in the Coachella area. On information and belief, Plaintiffs allege that Windermere and Shambaugh received real estate commissions in connection with each such acquisition of real property from funds paid by the Tribe. For the reasons described above with respect to the 47 acres, Kovall had a conflict of interest with respect to the acquisition of each such parcel of real property paid for by the Tribe in that he failed to disclose to the Plaintiffs the existence of his relationship with Shambaugh, a material fact, and further failed to obtain their informed consent for Shambaugh to participate in these deals and receive compensation therefrom; and, as noted above, Kovall actually concealed his relationship with Shambaugh from the Tribe.
Emerald Solar
36. In or about 2007 and 2008, Kovall attempted to get the Tribe to invest in a solar project that was put together by Michael Derry. Kovall never disclosed to the Tribe that he (Kovall) had an ownership interest in one or both of the entities that would be part of this venture or obtain the consent of the Tribe for him to have an ownership interest in a project in which he sought to have the Tribe invest. F & P and/or FP & M provided legal services in connection with this solar project for which the Tribe paid them. F & P and FP & M knew or should have known of Kovall's interest in this project and should have disclosed the same to the Tribe. However, they did not and the Tribe invested thousands of dollars in legal services related to the project.
Unauthorized Practice of Law
37. Throughout the time they represented the Tribe, M & P, F & P, FP & M, and R & A utilized attorneys to work on the Tribe's matters some of whom were not licensed to practice law in the State of California, including the services provided in the defense of the Moskow action. These attorneys provided legal advice and counsel on California law matters and prepared pleadings and other legal instruments regarding California law. These above-described defendants, in turn, billed the Tribe for the services of these lawyers and the Tribe paid for those services. Kovall approved the billings by these defendants.
Other Wrongful Conduct
38. Further, on information and belief, Kovall arranged for Sharnbaugh and/or Windermere to provide other types of real estate related services to the Tribe in other transactions and/or litigation involving the Tribe for which the Tribe paid Sharnbaugh and/or Windermere. Due to the above-described conflict of interest, these services were of questionable value and Kovall failed to disclose the conflict and/or failed to obtain a waiver of same from the Plaintiffs.
39. On information and belief, Kovall hired for the Tribe or recommended for hire by the Tribe, various law firms to represent the Tribe in the prosecution or defense of matters for the Tribe, including those law firms identified above as defendants in this action. In addition, some of these law firms (Nada Edwards) employed Kovall's daughter and/or son-in-law on work done for the Tribe, and Edwards and Kovall failed to disclose such fact to the Tribe and failed to obtain its consent to such employment. Neither Kovall or these law firms ever revealed this arrangement to the Tribe nor did the Tribe ever consent to such arrangements. Based on Kovall's conduct, as described above, the Tribe hired those law firms and paid them for the services for which they billed the Tribe.
FIRST CAUSE OF ACTION FOR PROFESSIONAL NEGLIGENCE
(By All Plaintiffs Against Kovall and Does 1-50)
40. Plaintiffs re-allege and incorporate here by this reference paragraphs I through 39, above, as though fully set forth at length.
41. On information and belief, Kovall and Does 1-50 negligently represented the Tribe and/or Echo Trail Holdings, and/or negligently negotiated agreements for the Tribe and/or Echo Trail Holdings, and/or negligently prepared agreements and documents for the Tribe and/or Echo Trail Holdings, and/or negligently advised the Plaintiffs with respect to business matters and/or negligently supervised agents, representatives and/or employees of the Tribe, including, without limitation, Heslop, Windermere, Shambaugh, Bardos, Rosette, R & A, M & P, F & P and FP & M, as described above, in connection with the business affairs of the Tribe for which Kovall was paid by the Tribe to represent the Tribe, and the Tribe and/or Echo Trail Holdings has sustained loss and injury as a direct and proximate result of such conduct, the precise amount of which is presently unknown, but which exceeds the jurisdictional minimum of this Court.
42. In addition, and again on information and belief, Kovall and his associates, romantic and otherwise, have profited by Kovall's representation of the Tribe and/or Echo Trail Holdings, at the Plaintiffs' expense, as described above. Further, the Tribe has paid Kovall fees for this negligent and wrongful work which Kovall should return to the Tribe, together with interest. In addition, Kovall has received benefits and/or kickbacks as described above for business received by others from the Tribe and Kovall has been unjustly enriched by the receipt of such benefits and kickbacks. Kovall should be made to pay over those benefits to the Tribe, and where those funds or benefits have been invested in other property by Kovall, a constructive trust should be imposed on Kovall's interest in any such property. In addition, as a further direct and proximate result of Kovall's wrongful conduct, as described above, the Tribe has incurred and continues to incur expenses, including, without limitation, legal fees and arbitration expenses, to extricate itself from the, legal problems caused or contributed to by Kovall and his wrongful conduct. In addition, Kovall urged the Tribe to take interests in solar business ventures, recycling businesses and other interests without disclosing the existence of a business relationship between himself and the other members of these ventures and/or without disclosing his own interest in these ventures and/or without adequately disclosing these facts and/or without obtaining the informed consent of the Tribe. On information and belief, Kovall also charged the Tribe fees for work done on these ventures in which he or his business associates had an interest. In addition, the Tribe paid other attorneys, as described above, legal fees for work done on the solar project.
43. Kovall continued to represent the Plaintiffs on various matters, including the matters described above, until November 1, 2008, when he resigned as counsel for the Plaintiffs. Prior to such resignation, Kovall failed to disclose the foregoing described conflicts, misconduct and failures to adequately and competently represent the Plaintiffs.
SECOND CAUSE OF ACTION FOR BREACH OF CONTRACT
(By All Plaintiffs Against Kovall and Does 1-50)
44. Plaintiffs re-allege and incorporate her by this reference paragraphs I through 43, above, as though fully set forth at length.
45. Kovall expressly and impliedly agreed to, among other things, represent the Plaintiffs competently and according to the standard of care for attorneys performing such services, not to assume a position of conflict of interest with the Plaintiffs in connection with his representation of Plaintiffs on such matters, to accept as compensation for these services only the amount he billed the Plaintiffs, not to accept or retain compensation, kickbacks or benefits from persons with whom the Plaintiffs dealt without fully disclosing such benefits to the Plaintiffs and without first obtaining the Plaintiffs informed written consent thereto, and to always put Plaintiffs' interests ahead of his own in all matters in connection with which Kovall represented the Plaintiffs. Kovall's contract with the Plaintiffs was partly verbal and partly in writing. Plaintiffs performed all of the things required of them under the agreement described above, and there is no condition to their right to full performance of the agreement from the Defendants.
46. In doing or failing to do the things described above, the Defendants breached the agreements they had with the Plaintiffs, together with obligations imposed by law by, among other things:
(a)Failing to represent the Plaintiffs competently and according to the standard of care for attorneys performing such services as described in greater detail, above in Paragraphs 13-21, 27, 28-34, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rule 3 -110;
(b) Assuming positions of conflict of interest with the Plaintiffs in connection with Kovall's representation of Plaintiffs in such matters as described in greater detail above in Paragraphs 13-16, 22-26, 27, 28-32, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rule 3-300;
(c) Accepting as compensation for these services compensation and benefits in excess of the amount billed the Plaintiffs for such services as described, above, in Paragraphs, 13, 14-16, 22-26, 27, 29, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200 and 3-500;
(d) Accepting and retaining compensation, kickbacks or benefits from persons with whom the Plaintiffs dealt as described above in Paragraphs 14-16, 22-26, 29, 35, 38, 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200, 3-300, 3-500 and 1- 120;
(e) Failing to disclose such benefits to the Plaintiffs as described in Paragraphs 13, 14, 15, 16, 22-26, 29, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200 and 3-500;
(f) Failing to obtain Plaintiffs' informed written consent to the matters describe in subparagraphs (a) through (e), above, as prohibited by the Rules of Professional Conduct, Rules 4-200, 3-500 and 3-300;
(g) Assisting in the unauthorized practice of law in California of persons not licensed to practice law in California and failing to disclose same to the Plaintiffs as described in Paragraph 37, above, as prohibited by the Rules of Professional Conduct, Rule 1-300; and,
(h) Failing to put Plaintiffs' interests ahead of his own in all matters in connection with which Kovall represented the Plaintiffs as described in Paragraphs 13-39, above.
47. On information and belief, Plaintiffs allege that Defendants have breached the agreements described above with Plaintiffs in other and further ways as to which Plaintiffs are not yet aware.
48. As a direct and proximate breach by the Defendants, Plaintiffs have suffered the damages and injuries described above in Paragraph 42 and are further entitled to the remedies described above in Paragraph 42.
THIRD CAUSE OF ACTION FOR BREACH OF THE IMPLIED COVENTANT OF GOOD FAITH AND FAIR DEALING
(By All Plaintiffs Against Kovall and Does 1-50)
49. Plaintiffs re-allege and incorporate here by their reference paragraphs- I through 48, above, as though set forth in full.
50. In every contract entered into or to be performed in this State, there is an implied covenant of good faith and fair dealing which requires each of the parties to the contract to take no action to prevent the other party to the contract from realizing the benefit of same.
51. In doing the things described above, the Defendants breached the covenant of good faith and fair dealing by, among other things:
(a) Failing to represent the Plaintiffs competently and according to the standard of care for attorneys performing such services as described in greater detail, above in Paragraphs 13-21, 27, 28-34, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rule 3-110;
(b) Assuming positions of conflict of interest with the Plaintiffs in connection with Kovall's representation of Plaintiffs on such matters as described in greater detail, above in Paragraphs 13-16, 22-26, 27, 28-32, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rule 3-300;
(c) Accepting as compensation for these services compensation and benefits in excess of the amount he billed the Plaintiffs for such services as described, above, in Paragraphs 13, 14-16, 22-26, 27, 29, 35, 36, 3 8 and 3 9, above, as prohibited by the Rules of Professional Conduct, Rules 4-200 and 3-500;
(d) Accepting and retaining compensation, kickbacks or benefits from person with whom the Plaintiffs dealt as described above in Paragraphs 14-16, 22-26, 29, 35, 38, 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200, 3-300, 3-500 and 1- 120;
(e) Failing to disclose such benefits to the Plaintiffs as described in Paragraphs 13, 14, 15, 16, 22-26, 29, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200 and 3-500;
(f) Failing to obtain Plaintiffs' informed written consent to the matters describe in subparagraphs (a) through (e), above, as prohibited by the Rules of Professional Conduct, Rules 4-200, 3-500 and 3-300; and,
(g) Assisting in the unauthorized practice of law in California of persons not licensed to practice law in California and failing to disclose same to the Plaintiffs as described in Paragraph 37, above, as prohibited by the Rules of Professional Conduct, Rule 1-300; and,
(h) Failing to put Plaintiffs interests ahead of their own in all matters in connection with which Kovall represented the Plaintiffs as described in Paragraphs 13-39, above.
52. To the extent that they do not represent breaches of express contract, Defendants, by doing or failing to do these things, nonetheless prevented the Tribe from realizing the benefits of the contract, and thwarted the Tribe's reasonable expectation that the Defendants would perform services for it competently; that they would fully and adequately supervise the attorneys who were associated with them; that they would not provide Kovall with unauthorized benefits and kickbacks so as to induce him to provide them with more work at the expense of the Tribe; and, that they would not utilize the services of attorneys who were not admitted to practice in California and/or who were unfamiliar with California and State Court procedures. On information and belief, the Tribe alleges Defendants have breached the implied covenant of good faith and fair dealing with Plaintiffs in other and further ways as to which the Tribe is not yet aware.
53. As a direct and proximate result of the breach by the Defendants, Plaintiffs have suffered the damages and injuries described above in Paragraph 42 and are further entitled to the remedies described above in Paragraph 42 described above.
FOURTH CAUSE OF ACTION FOR BREACH OF FIDUCIARY DUTY
(By All Plaintiffs Against Kovall and Does 1-50)
54. Plaintiffs re-allege and incorporate here by their reference paragraphs I through 53, above as thought fully set forth at length.
55. Given their position as attorneys and given the nature of the services they undertook to provide Plaintiffs and for which they were paid by Plaintiffs, Defendants occupied a position in their dealings with Plaintiffs as fiduciaries.
56. In doing the things described above, the Defendants breached their fiduciary duties to Plaintiffs by, among other things:
(a) Assuming positions of conflict of interest with the Plaintiffs in connection with their representation of Plaintiffs on such matters as described in greater detail, above in Paragraphs 13-16, 22-26, 27, 28-32, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rule 3-300;
(b) Accepting as compensation for these services compensation and benefits in excess of the amount he billed the Plaintiffs for such services as described, above, in Paragraphs 13, 14-16, 22-26, 27, 29, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200 and 3-500;
(c) Accepting and retaining compensation, kickbacks or benefits from persons with whom the Plaintiffs dealt as described above in Paragraphs 14-16, 22-26, 29, 35, 38, 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200, 3-300,3 -500 and 1- 120;
(d) Failing to disclose such benefits to the Plaintiffs as described in Paragraphs 13, 14, 15, 16, 22-26, 29, 35, 36, 38 and 39, above, and as prohibited by the Rules of Professional Conduct, Rules 4-200 and 3-500;
(e) Assisting in the unauthorized practice of law in California of persons not licensed to practice law in California and failing to disclose same to the Plaintiffs as described in Paragraph 37 above as prohibited by the Rules of Professional Conduct, Rule 1-300; and,
(f) Failing to put Plaintiffs interests ahead of his own in all matters in connection with which Kovall represented the Plaintiffs as described in Paragraphs 13-39.
57. As a direct and proximate result of the breach by the Defendants, Plaintiffs have suffered the damages and injuries described above in Paragraph 42 and are further entitled to the remedies described above in Paragraph 42 described above.
58. In doing or failing to do the things described above in Paragraphs 14-16, 2226, 28-32, 35, 36, 38 and 39, above, Defendants acted with malice, fraud or oppression as those terms are defined by California law by, among other things, knowingly and deliberately:
(a) Assuming positions of conflict of interest with the Plaintiffs in connection with their representation of Plaintiffs on such matters as described in greater detail, above in Paragraphs 13-16, 22-26, 27, 28-32, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rule 3-300;
(b) Accepting as compensation for these services compensation and benefits in excess of the amount Kovall billed the Plaintiffs for such services as described, above, in Paragraphs 13, 14-16, 22-26, 27, 29, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200 and 3-500;
(c) Accepting and retaining compensation, kickbacks or benefits from persons with whom the Plaintiffs dealt as described above in Paragraphs 14-16, 22-26, 29, 35, 38, 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200, 3-300,3-500 and 1-120;
(d) Failing to disclose such benefits to the Plaintiffs as described in Paragraphs 13, 14, 15, 16, 22-26, 29, 35, 36, 38 and 39, above, as prohibited by the Rules of Professional Conduct, Rules 4-200 and 3-500;
(e) Assisting in the unauthorized practice of law in California of persons not licensed to practice law in California and failing to disclose same to the Plaintiffs as described in Paragraph 37 above as prohibited by the Rules of Professional Conduct, Rule 1-300; and,
(f) Concealing the matters described in subparagraphs (a) through (e), above. Accordingly, in addition to any other relief awarded to the Plaintiffs against the Defendants, Plaintiffs are entitled to the imposition of punitive damages.
DOWNLOAD A PDF COPY OF THE FIRST AMENDED COMPLAINT HERE
CURRENT TOP 
REPORT LINKS:
FBI & U.S. ATTORNEY INVESTIGATE WINDERMERE COACHELLA VALLEY, CHARGED WITH PROFESSIONAL NEGLIGENCE, UNFAIR TRADE PRACTICES & OTHER CLAIMS IN $30 MILLION-PLUS DEAL—COMPLAINT ALLEGES WINDERMERE SERVICES IS AN "UNLICENSED ENTITY" FIFTH AMENDMENT CASE MANAGEMENT UPDATE: "...the following additional matters be considered or determined at the case management conference (specify): Fifth Amendment Privilege issue as to Peggy Shambaugh, defendant and major witness."
Above L to R: (1) Joseph R. "Bob" Deville and (2) Bob Bennion of Windermere Services Southern California, Bennion & Deville Fine Homes, Inc., and Windermere Real Estate Coachella Valley. (3) Peggy Shambaugh, Realtor at Windermere Real Estate Coachella Valley, Indian Wells office. (4) Current Windermere Services Company governing persons John W. Jacobi, (5) Geoffrey P. Wood, (6) Jill Jacobi-Wood, (7) John O'Brien "OB"Jacobi, (8) attorney Paul Drayna—WSBA# 26636, (9) and Timothy Wissner.
ADDITIONAL CURRENT BENNION & DEVILLE FINE HOMES, WINDERMERE COACHELLA LAWSUITS:
BENNION & DEVILLE, DBA WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR CONSTRUCTIVE FRAUD AND OTHER CLAIMS
FEDERAL CASE: A&L PARTNERS, ANDREA MARQUEZ, JOSEPH R. DEVILLE, BOB BENNION, BENNION & DEVILLE FINE HOMES, SUED FOR TRADEMARK INFRINGEMENT
RELATED SIDEBAR: WINDERMERE PREFERRED LIVING, BREA, CALIFORNIA, CLAIMS TO BE WINDERMERE "PREFERRED PROPERTIESTM" IN FALSE AND PREDATORY WEBSITE TAKEDOWN LETTER WHILE SIMULTANEOUSLY BEING SUED FOR USING THE "PREFERRED PROPERTIES" PHRASE
CASE UPDATE 1/3/2012: PLAINTIFF FILES REQUEST FOR DISMISSAL WITHOUT PREDJUDICE
WINDERMERE REAL ESTATE SERVICES COMPANY, WINDERMERE REAL ESTATE SOCAL, INC., and WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR WRONGFUL DEATH DUE TO NEGLIGENCE IN RENTAL HOME CHILD DROWNING
Customer of Andrea Turnage (left) from Windermere Real Estate, Indian Wells, California, says: "One of the worst experiences in real estate I've ever had..." and "...extremely unprofessional and unethical..." READ ANDREA'S REVIEW HERE
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ATTENTION AGENTS AND REALTY FRANCHISE OPERATORS: CONSIDERING A BUSINESS ASSOCIATION WITH WINDERMERE REAL ESTATE?
"In Retaliation Windermere Sought to Make the Litigation as Expensive and Time Consuming as Possible to Dissuade Mr. Rodriguez and other Agents from Asserting Claims against Windermere"
"On April 4, 2005, without explanation, Mr. Jacobsen terminated Mr. Rodriguez's agency with Windermere. CP 92. As part of the termination agreement, Mr. Jacobsen reviewed the files for five pending transactions and agreed that Mr. Rodriguez was entitled to one half of the listing commission on those transactions... In November 2005, however, before the Brady transaction closed, Mr. Jacobsen unilaterally changed the commission disbursement form in a way that eliminated Mr. Rodriguez's share of the listing commission. CP 92; TE 14. Neither Mr. Jacobsen nor Ms. Thompson ever told Mr. Rodriguez of the change or that he would not receive his $16,800 share of the commission from the Brady transaction. CP 94." Windermere Wall Street's Richard "Jake" Jacobsen (shown left).
WINDERMERE SERVICES COMPANY v. MAXWELL (FORMER WINDERMERE PCR OWNER) UPDATE: VOLUNTARY DISMISSAL OF CLAIMS FILED
A REAL ESTATE FRANCHISE OWNER'S ULTRA-NIGHTMARE: "...Jacobi decided to open another Windermere office in the territory in which WPCR was operating..."
PLEADINGS AND THE ENTIRE SAGA OF WINDERMERE PUYALLUP CANYON ROAD
WINDERMERE EAST SUES ITS OWN AGENT—DEFAULT JUDGMENT OF $76, 535.47
WINDERMERE SERVICES LITIGATION with DISGRUNTLED FORMER FRANCHISEES
21 Former California Offices Drop the Windermere Brand
Get the Popular Windermere Franchise News here
8-Office Powerhouse Quits the Windermere Brand: Windermere Exclusive Properties Changes to Real Living Lifestyles
THE WINDERMERE RELOCATION RAPE CASE • COMPLETE LIST OF PIERCE COUNTY, WASHINGTON, WINDERMERE CASES
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LITIGATION WITH WINDERMERE REAL ESTATE? DON'T EXPECT HONEST, AVERAGE LEGAL COMPETENCE—OR EVEN COMMON DECENCY: Opposing counsel and legal professionals should take note of Windermere Services Company and Demco Law Firm Lying Lawyers and Legal Process Cheats, Paul Stephen Drayna and Matthew F. Davis (shown left, respectively), by clicking here for salient review of these two princes of process abuse and unethical misconduct. Holding lawyers in low esteem has become a national pastime, and absolutely craven, crooked characters like Drayna and Davis are just a couple of the many reasons why. Windermere must often be compelled by courts to provide or participate in discovery—as in this example. For information on Windermere Services Company's privity with franchises—click here.
PROSPECTIVE WINDERMERE FRANCHISEES and RENEWING WINDERMERE FRANCHISEES HAVE A RIGHT TO KNOW: John W. Jacobi and franchisor WSC demand fees and commissions, but won't protect the brand image that Windermere franchise owners pay for—as graphically evidenced by this website. Prospective and renewing Windermere franchisees should click here for FEDERAL TRADE COMMISSION RULES, PART 436, FRANCHISOR DISCLOSURE REQUIREMENTS.
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Considering LISTING YOUR HOME with Windermere? Focus on Risk and Unethical Misconduct in Consumer Realty Services...
PAUL STICKNEY WINDERMERE SCA'S MILLION-DOLLAR FAILURE TO DISCLOSE A CONFLICT OF INTEREST
THE PAUL STICKNEY WINDERMERE REAL ESTATE/WINDERMERE SCA REDMOND SUPERSEDEAS APPEAL BOND
INTERESTED PARTIES and PROSPECTIVE BUYERS SHOULD THINK TWICE PAUL STICKNEY'S CURRENT LISTINGS
DOWNLOAD and READ THE WINDERMERE REDMOND SCA/PAUL STICKNEY WINDERMERE REAL ESTATE $1,030,627.00 JUDGMENT HERE
PAUL STICKNEY WINDERMERE REAL ESTATE'S (A.K.A. STICKNEY TEAM) MILLION-DOLLAR FAILURE TO DISCLOSE A CONFLICT OF INTEREST: Plundering Paul Stickney (left) was officially adjudged by Washington courts as having a conflict of interest and failing to disclose it to his Windermere SCA clients—Mark and Carol DeCoursey—when he sold them a Redmond house, and then recommended a remodeling company. But Stickney neglected to mention he was AN OWNER of the remodeling company, who absolutely ruined their home. Stickney testified that he DID NOT KNOW he was named as the company's VP until AFTER the DeCoursey's lawsuit began. STORY HERE
(Left to right) Governing Persons of the Washington Loan Company: 1) Windermere Founder John W. Jacobi is listed as President of the Washington Loan Company; 2) Timothy Wissner, CFO of franchiser Windermere Services, and CFO of Windermere Solutions, is listed as Washington Loan Company Vice President; 3) Kendra Vita, Manager of franchiser Windermere Services Company is listed as Secretary of the Washington Loan Company; 4) franchiser Windermere Services Company General Counsel, attorney Paul S. Drayna—WSBA #26636—is listed as Registered Agent of the Washington Loan Company; 5) Don Riley, Washington Loan Company manager; 6) Windermere Real Estate S.C.A. Redmond owner Craig Shriner; 7) Windermere Redmond SCA managing broker Aaron Shriner; 8) Windermere Redmond SCA agent Christopher Judd.
Scams Typical Of Every Windermere Network Office: A Windermere Real Estate SCA Redmond Review That You Should Read
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The Windermere Relocation Rape Case: Court Declares that Windermere "...condoned a rape by a business colleague..."
The incredibly violent and insidious psychological ramifications of rape, connected through an “abusive work environment” serves as an unfortunate—yet credible—subtext for the way in which Windermere Real Estate treats employees and defrauded, damaged customers alike. Windermere’s application of aggressive, wasteful and mendacious litigation to stall and ruin innocent consumers serves as the coercive metaphor of corporate power and arrogance: Windermere has no genuine concern for the damage it has done to people or communities, It cares only about how to manipulate the law and the courts to avoid any legal responsibility—and about how to deflect bad PR with disingenuous promotion.
(Left to right) Windermere CEO Geoff Wood (far left) is listed as a Governing Person of Windermere Relocation. Peggy Scott (second from left), also a Governing Person of Windermere Relocation, "... did not give Little any advice about going to the police, and she did not conduct an investigation of Little's complaint..." Windermere attorney Paul Drayna (third from left) is listed as the registered agent of RELO LLC, the entity name of Windermere Relocation. Windermere Founder John W. Jacobi (fourth from left) along with Gayle Glew (far right) are listed as Governing Persons of Windermere Relocation during the Little case. Glew told Ms. Little he did not want any "clouds in the office," and after she would not accept a pay cut, that she should "...clean out her desk."
All citizens who abhor such treatment of women in the workplace should recall Maureen Little v. Windermere Relocation when choosing real estate services. WindermereWatch visitors will also want to read the United States District Court of Appeals Ninth Circuit's Order and Amended Opinion from the Little case.
WINDERMERE ATTORNEY AND SOUTH WHIDBEY FREELAND WINDERMERE FRANCHISE OWNER JOHN DEMCO'S AGENTS' ABUSE, UNDUE INFLUENCE and EXPLOITATION OF A VULNERABLE ADULT: Windermere mother-and-daughter agents Saul and Gabelein take advantage of an elderly woman: “Emma has sold property to members of the Gabelein family for a fraction of its value, jeopardizing her ability to remain in her home for the remainder of her life." The single most despicable example of Windermere’s egregious contempt for justice and human decency—not to mention, its very own customers. CLICK HERE FOR THIS TRULY SHOCKING MUST-READ ACT OF WINDERMERE PREDATION. (Demco, Saul and Gabelein, shown left.)
CO-OWNER OF WINDERMERE MOUNT VERNON/SKAGIT VALLEY AND WINDERMERE ANACORTES PROPERTIES, NATE SCOTT; ALSO SALES MANAGER COLLEEN CRAIG, AND AGENT MEREDITH LAWS OF WINDERMERE ANACORTES PROPERTIES (shown left, respectively), SUED FOE FRAUD IN MYSTERIOUSLY APPEARING "2ND LISTING" CASE: Skagit County single mother of autistic, special needs five-year-old and Natural Spa & Body Care Products entrepreneur filed Complaint.
YOU NEVER KNOW WHAT A WINDERMERE EAST ASSOCIATE BROKER MIGHT BE DOING: " Judgment is hereby entered in favor of Ivan G. Popchoi and Varvara M. Popchoi and against Csaba Kiss (left) in the total amount of $44,885,39, ... "On October 17, 2006, Melanie A. Leary, an attorney with the Demco Law Firm, P.S., sent Mr. Williams a written response to his October 6, 2006 letter. Ms. Leary advised Mr. Williams that she represented Mr. Kiss and relayed Mr. Kiss’s position that the Popchois were not entitled to the protection of the warranties provided by the Statutory Warranty deed executed by Mr. Kiss. Ms. Leary’s letter notified Mr. Williams that Mr. Kiss was “far more inclined to let a court decide” the Popchois’ warranty rights “than to spend money to settle” the Popchois warranty claim.”
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Complaint alleges Windermere Auburn and Lake Tapps owner told employee: "You're nothing without me! We don't date, you don't have a job!" ... "Tollen ridiculed Clark, humiliated her and verbally abused her at work and in public ... Tollen grabbed Clark and threw her against garbage cans. She fell. While she was lying on the ground Tollen kicked her at least ten times, yelling "You're a piece of shit! ..."
WINDERMERE REAL ESTATE AUBURN, INC., SUED BY EMPLOYEE FOR CONSTRUCTIVE DISCHARGE, HOSTILE WORK ENVIRONMENT, NEGLIGENCE, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CIVIL CONSPIRACY IN PIERCE COUNTY, WASHINGTON, COMPLAINT. OWNER OF WINDERMERE REAL ESTATE AUBURN AND WINDERMERE REAL ESTATE LAKE TAPPS, THOMAS TOLLEN, SUED FOR CIVIL ASSAULT AND BATTERY, TRESPASS, INVASION OF RIGHT TO PRIVACY, CIVIL STALKING AND OTHER CHARGES—PLEADS GUILTY TO RELATED CRIMINAL COUNTS
Complaint for Declaratory Relief, Damages and Foreclosure of Landlord's Lien against Windermere Real Estate/Auburn, Inc., and Windermere Real Estate/Cascades Group, Inc. Judgment for Plaintiff: $128,105,63, costs of $342.80 and attorney's fees of $7,420.00 CASE HERE
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ABSOLUTELY SHAMELESS LIARS, BULLIES, COWARDS and PUBLIC PREDATORS: Windermere Founder and Chairman, John W. Jacobi (left), and Windermere Services General Counsel, attorney and Jacobi yes-man, Paul Stephen Drayna—a University of Wisconsin Law School alumnus (right)—ruin damaged Windermere customers with marketing lies and the costly, mendacious lawsuits they file against defrauded Windermere victims who speak publicly. Jacobi and Drayna falsely sue an outspoken party for trade libel and defamation, try to coerce the defendant into a "dark clause" settlement agreement through fear and intimidation, continue to prosecute the bogus action for years at enormous cost to the parties, then run away and voluntarily dismiss their own lawsuit under Civil Rule 41, just prior to trial, when the honest, innocent victim persists in refusing to sign away their speech rights. Is Windermere Real Estate one of Washington's most respected brands? GET THE FACTS HERE
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BOISE, IDAHO, WINDERMERE REAL ESTATE/RICHARD B. SMITH and ITS ECOBROKER, MINDI MCALLASTER, SUED FOR BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY, NEGLIGENCE, AND VIOLATION OF THE CONSUMER PROTECTION ACT IN MOLDY HOME CASE WHERE BUYER WAS FORCED TO MOVE FROM THE NEWLY PURCHASED PROPERTY (Shown at left to right) Jason Gray Smith, Broker/Owner/EcoBroker at Boise, Idaho, Windermere Real Estate/Richard B. Smith, who states on his Windermere webpage, "Your broker must be there for you during each part of the deal..."; Shelley Smith Eichmann, Owner at Windermere Real Estate/Richard B. Smith; and Mindi McAllaster, AB & EcoBroker at Boise, Idaho, Windermere Real Estate/Richard B. Smith, who says on her Windermere webpage, "I joined Windermere/Richard B. Smith because of its mission to serve the community through leadership, the highest ethical standards,and uncompromising honesty and integrity..."
WINDERMERE REAL ESTATE/CAPITAL GROUP of BOISE, IDAHO, SUED FOR VIOLATION OF THE FAIR HOUSING ACT—TITLE VIII of the CIVIL RIGHTS ACT of 1968. WINDERMERE AGENT MARY LIESE ALLEGED TO HAVE TOLD AN IFHC TESTER, "WE PREFER PEOPLE 55 AND OVER." Complaint Charges: "The Defendants have engaged in coercion, intimidation..." CASE UPDATE 07/19/2011: Stipulation of Dismissal filed by Intermountain Fair Housing Council. Defendants Steve Osburn and Mary Liese are now listed as employees at Windermere Boise—Access Realty.
Windermere Real Estate Bellevue Commons Sued for Unlawful Removal and Exclusion of Plaintiff from the Residence, Negligence, Breach of Statutory Duty, Conversion, and Violation of the Consumer Protection Act. Windermere Bellevue Commons Sales Associate Tony Ferrelli's Alleged Response when Informed of Plaintiff's Missing Personal Property was "Not my problem." Get the Windermere Bellevue Commons Answer here. Left to right) Windermere Bellevue Commons associate Tony Ferrelli, associate Marcus Crane, and Windermere Bellevue Commons owners Courtney Adams, and Amy Adams, whose Windermere web page states "I strongly believe that everyone should be treated with kindness, fairness, caring, and honesty." But does Ms. Adams' definition of honesty include informing the Bellevue Commons clients of Dick and Cecilia Pelascini about their violation of the consumer protection act? GET THE STORY HERE
WINDERMERE BELLEVUE COMMONS ASSOCIATE BROKER DICK PELASCINI'S FORECLOSURE RESCUE RIPOFF SCAM: "At about the period of Pace-Knapp’s initial notices of foreclosure, Windermere Associate Broker Dick Pelascini (left), and Thomas Boboth of Pacific Shoreline Mortgage, individually approached her at her home. She knew neither of the men, but they were clearly aware of her pending foreclosure. They offered to collaborate with Pace-Knapp in an effort to save her home. Pelascini and Boboth each proffered business cards, identifying each respectively as a broker at a real estate company, and the president of a mortgage company. The pair visited many times over the ensuing weeks, continually offering to help her. Neither man ever stated they wanted to buy her house, or offer her a loan. Pace-Knapp declined their offers of help." Click here for this report and the Court's opinion
WINDERMERE REAL ESTATE/WEST CAMPUS, FEDERAL WAY, WASHINGTON, AND ITS AGENT DAN DENNIS, SUED FOR BREACH OF CONTRACT, FRAUDULENT MISREPRESENTATION, UNJUST ENRICHMENT, AND NEGLIGENT MISREPRESENTATION. Complaint alleges that “…Windermere Real Estate/West Campus, Inc. and Dan Dennis SUPPLIED FALSE INFORMATION to AMERCO in its business transaction…" (Shown left to right) Windermere Defendant Dan Dennis, the generic silhouette head of John A. Tidwell, Manager, Owner and Designated Broker of Windermere West Campus.
Windermere Real Estate West Campus Federal Way; Agents Dan Dennis and Cheryl Crutcher Sued by Newport Village Condominium Owners Association for Misrepresentations and/or Omissions of Material Fact, Fraudulent Concealment, and Violation of the Consumer Protection Act. (Shown left to right) Windermere Real Estate/West Campus Federal Way Defendants Broker Dan Dennis and Salesperson Cheryl Crutcher. The generic silhouette of John A. Tidwell, Owner and Designated Broker of Windermere West Campus Federal Way. Complaint alleges "... intentionally and/or negligently failed to disclose facts regarding known defects and physical hazards..."
Maria Kalafatich of WINDERMERE PROFESSIONAL PARTNERS, Tacoma, Sued for Negligent Misrepresentation, Fraud and Fraudulent Concealment, Rescission, Violation of the Washington Consumer Protection Act, Professional Negligence / Violation of RCW 18.86.030. Leslie Walters of WINDERMERE COMMENCEMENT ASSOCIATES, Tacoma, Sued for Professional Negligence /Violation of RCW 18.86.030. Defendants WINDERMERE PROFESSIONAL PARTNERS, LLC, and WINDERMERE COMMENCEMENT ASSOCIATES, INC., Sued for Vicarious Liability Under RCW 18.85.155 as Liable for the Tortius Conduct of Defendants Kalafatich and Walters. (Left to right) : Windermere Professional Partners' Maria Kalafatich, who states on her Windermere web page that "My clients appreciate my integrity..." Windermere Commencement Associates' Leslie Walters, Windermere Commencement Associates owners David Sinding and Dick Beeson. Windermere Professional Partners owner Michael Robinson.
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WINDERMERE AFFILIATED SERVICE COMPANIES: CW TITLE REPORTS—PREVIOUSLY COMMONWEALTH LAND TITLE OF PUGET SOUND
CW TITLE REVIEWS: "I'M STILL WAITING TO CLOSE ON MY PROPERTY BECAUSE OF HER LIES."
Windermere's Commonwealth Land Title of Puget Sound—AKA CW Title—Sued for Slander of Title and CPA Violation: Dismissal Update
Jury Finds Windermere's Commonwealth Land Title Company of Puget Sound Negligent, Awards $1,190,000.00
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, a Texas Limited Partnership; NORTHWEST TRUSTEE SERVICES CORPORATION, a Washington Corporation; COMMONWEALTH LAND AND TITLE OF PUGET SOUND, LLC, a Washington Limited Liability Company; FEDERAL HOME LOAN MORTGAGE CORPORATION, a United States Government Sponsored Enterprise, sued for Wrongful Foreclosure, Violation of the Consumer Protection Act, and other claims. Complaint alleges: "This is a violation of the Trustee's duty of good faith as provided by statute and a violation of federal statutes."
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A Message to Seattle Pro Musica's Board of Directors about its relationship with Legal Predator Paul S. Drayna and Windermere Services Company: The business ethics and civil conduct your 501(c)3 board members demonstrate at their regular employment also reflects on the way Seattle Pro Musica is managed, on its professed core values, and on its high public duties of social responsibility and absolute financial integrity.
ATTENTION SEATTLE PRO MUSICA BOARD MEMBERS:
Noreen King, President, Seattle Pro Musica; Sales Manager Belo, Inc.
Katie Oman, Vice President, Seattle Pro Musica; Fisher Dachs Associates, Project Manager; Fermata Consulting, Principal
Josh Smith, Treasurer, Seattle Pro Musica; Director, Cost Analysis, Washington Dental Services
Paul S. Drayna, Corporate Secretary/Legal Counsel, Seattle Pro Musica; General Counsel, Windermere Services Company
J Howard Boyd, Board Member, Seattle Pro Musica; Zanadu Comics, Downtown Seattle Store, Manager
Carole Jones, Chair, Marketing Committee; Carole Jones Design, Principal
Jim Nuerenberg, Board Member, Seattle Pro Musica; The Boeing Company, Project Manager
Laura Patton-Ballard, Chair, Membership Committee; Physician, Group Health Cooperative, ret.
Christa M. Phillipson, Chair, Education and Outreach Committee, Seattle Pro Musica;
Austrian Classics, a Music Education Institute, Sole Proprietor
Urging the public: Don't support or donate to Seattle Pro Musica choral group (shown above left).
At his employment as Windermere Services General Counsel, predator attorney Paul Stephen Drayna sues innocent, financially-ruined homebuyer victims of Windermere fraud, through false and mendacious lawsuits of intimidation that seek to silence those victims and permanently terminate their speech rights. Implicit in his phony, expensive, and emotionally-distressing litigation, Windermere counsel illegally abuses process by inferring to victims that if they sign a "settlement agreement" proposed by Windermere which prevents in perpetuity any future speech about their Windermere experience (examples here), Windermere will dismiss the action against them. When victims won't sign, Drayna runs away and voluntarily dismisses his own bogus lawsuit under CR41. Is Windermere prevaricating legal bully Paul S. Drayna snickering (left) because he's so good at wrecking homes and families—and running away from Windermere's fraudulent promotion of "The highest ethical standards. Uncompromising honesty and integrity."? Or does he just enjoy thinking about Windermere victims losing their whole lives, their homes, and sleeping under bridges? To learn more about Mr. Drayna's business and professional ethics, click here.
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Windermere Real Estate Allen & Associates Agent Lance Miller's Deliberate Non-Disclosure of Home's Prior Use as Pot Farm and Methamphetamine Laboratory: Eva and Eddie Bloor relocated to Longview, in Washington State, and purchased a home from Charmaine and Robert Fritz through Lance Miller at Windermere Real Estate/Allen & Associates, who served as dual agent for both for both parties. The Fritzes and Miller both opted to withhold their knowledge that the onetime rental property had been a site for marijuana farming and methamphetamine production. Windermere and Miller were cognizant of the property’s prior use because Windermere staff managed the rental home months earlier when a drug raid occurred, and they subsequently issued a notice of eviction on the tenants after learning of their illicit operation. Locals all herd the news, including the Fritzes, who conversed about it with others. (Left, Lance Miller of Windermere Allen & Associates.) IF YOU'RE CONSIDERING DEALING WITH WINDERMERE REAL ESTATE, YOU ABSOLUTELY OWE IT TO YOURSELF—AND YOUR FAMILY—TO READ THIS REPORT BY CLICKING HERE.
Windermere Real Estate Northwest, Inc., Agent Howard Johnson, Broker and Branch Manager Loretta Larson, Sued for Violation of the Washington State Securities Act (WSSA), Negligence, Negligent Misrepresentation, Negligent Supervision (Against Windermere and Larson), Breach of Fiduciary Duty, Violation of Washington's Consumer Protection Act: (Left to right) Generic silhouette head of Steven Kieburtz, CEO and Owner, Windermere Real Estate/Northwest; April Kieburtz, President, Designated Broker, and Owner Windermere Real Estate/Northwest; and Loretta Larson, Manager and Broker, Windermere Real Estate/Northwest. Read the complete report here.
Windermere Real Estate Bainbridge Island and Associate Broker Debbie Nitsche (left) Sued for Copyright Infringement, Violation of the Lanham Act, and Unfair Competition: "Without permission of Plaintiff Lawrence, Defendants selected, modified and placed Plaintiff’s photograph as modified in the “Walkthrough Media” video... As part of their video and/or website services, Defendants Clark, Nohre and/or GraphicalData sold and distributed the video to various real estate agents, including without limitation, Debbie Nitsche..."
Washington State Representative Marcie Maxwell is a Windermere Associate Broker who never revealed her knowledge of a home’s septic system defects: Once again, Windermere escapes the legal responsibility for damages based not upon the merits of a case, but by exploiting our dysfunctional courts; and also through the disingenuous machinations and legal gymnastics of its ethically-challenged and crafty Demco counsel. (Left) Washington State Representative and Windermere Associate Broker, Marcie Maxwell. CLICK HERE FOR YET ANOTHER UPDATE ON SHENANIGANS OUR ELECTED OFFICIALS ARE UP TO...
Windermere Agent Recommends Rookie Inspector Who Misses Toxic Mold. (Left) Judy Bigelow, agent for Windermere Real Estate / West Sound, Silverdale. RCW 18.86.030: "Regardless of whether the licensee is an agent, a licensee owes to all parties to whom the licensee renders real estate brokerage services the following duties, which may not be waived: (a) To exercise reasonable skill and care; (b) To deal honestly and in good faith."
Windermere Real Estate Oak Tree and Broker Steve Laevastu Sued for Negligent Misrepresentation and Violation of the Consumer Protection Act. "Defendants Laevastu, on behalf of himself, Windermere and other defendants, misrepresented the history and quality of the Stationhouse to the current owners of Units A, B, and C prior to their purchase of a unit at Stationhouse. These buyers reasonably relied on the representations of Laevatsu and Windermere when they decided to purchase their units." (Left) Broker Steve Laevatsu of Windermere Real Estate / Oak Tree.
UNITED STATES SENATOR MARIA CANTWELL TAKES A WHOPPING $49,200 IN CAMPAIGN CONTRIBUTIONS FROM PUBLIC PREDATOR WINDERMERE REAL ESTATE! (Left) Senator Maria Cantwell, Democrat from Washington State, whose website says she "...is driven by her duty to serve the people..." Judging by Ms. Cantwell's ginormous appetite for Windermere money, she must mean her duty to
After Nearly 7 Years Producing Commission for Windermere Services and Windermere Spokane Valley Owner Cate Moye, Convicted Robbery Felon and Shotgun-Shootout Windermere Agent, Nicholas Granly, Mysteriously Disappeared from the Windermere Real Estate/Valley Roster, just as Owner Moye is Nominated for Vice Chair of Washington’s Real Estate Commission. Did Ms. Moye ever advise ANY of her unsuspecting clients that Mr. Granly might be showing their homes—or grant them the opportunity to deny Windermere agent Granly access to their homes? (Shown left to right) Cate Moye, Owner Windermere Real Estate/Valley, Spokane; Washington State Governor Chris Gregoire; Washington State Department Of Licensing's Director Liz Luce; and Windermere Real Estate/Valley, Spokane's Agent Nicholas Granly.
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BUYERS BEWARE: DON'T PURCHASE PROPERTIES BUILT BY BENNETT HOMES OF BELLEVUE
Bennett Homes of Bellevue is Generating Commission Revenue for Public Predator Windermere Real Estate: FOR THEIR OWN PROTECTION, consumers are urged to refuse seeing—OR BUYING—Bennett Homes represented by Windermere Real Estate and Windermere Bellevue Commons. PROTECT YOUR RIGHT to ETHICAL CONDUCT in REAL ESTATE TRANSACTIONS. (At left, Bennett’s Drake, Bridgeport, and Andover homes, respectively
National Real Estate Fraud Center—Windermere Real Estate Case Histories:
SOUND BUILT HOMES V. WINDERMERE REAL ESTATE SOUTH: "Accordingly, Sound Built is now entitled to a judgment against Windermere..."
"DUAL AGENCY IS PERILOUS" says Court. "...Windermere did not advise the Lunsfords that it would present the Thomas offer." LUNSFORD v. FRALEY
EARNEST MONEY FORFEITURE: Court rules "...plain language of RCW 64.04.005 does not allow substantial compliance..." CHRISP v. GOLL
An important message to University of Washington administrators, staff and regents about The Windermere Cup, social responsibility, and the University's relationship with John Wood Jacobi and Windermere Real Estate
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• Welcome to WindermereWatch •
Is WindermereWatch.com of social benefit to consumers and the public? You decide:
Windermere Real Estate is one of our country’s largest real estate companies and widely promotes a fraudulent express warranty that states “We are committed to... The highest ethical standards. Uncompromising honesty and integrity.” The definition of an express warranty from Black's Law Dictionary is: "A warranty created by the overt words or actions of the seller. • Under the UCC, an express warranty is created by any of the following: (1) an affirmation of fact or promise made by the seller to the buyer relating to the goods that becomes the basis of the bargain."
But when customers are victimized by dishonest Windermere brokers and agents, and complain in writing through legal counsel to franchiser Windermere Services Company, it is absolutely silent in the face of clear and convincing evidence, and forces the customer to sue or go away. In many cases, unsuspecting consumer lives are thrown into complete chaos through costly litigation; and also because the subject homes may actually be uninhabitable or unserviceable for reasons about which Windermere knew and had a legal obligation to disclose—but did not. For some victims, the long and expensive litigation forced upon them even results in bankruptcy and homelessness. Despite their clear evidence, many victims go on to lose in court because they can't afford attorneys or have no legal experience, and Windermere exploits those impediments to endless advantage—lives, homes, and personal finances are ruined forever. And Windermere expects those victims to just go away without their lives and homes, merely for buying a house through Windermere Real Estate, innocently.
Although such irrefutable evidence of Windermere broker/agent misconduct has been presented to franchiser Windermere Services Company, it knowingly continues collecting commissions from dishonest agents and brokers by deliberately passing them on to other unwitting consumers. Just one example is Windermere S.C.A. Redmond's Paul Stickney, who received a $522,200 court judgment for not disclosing a conflict of interest, but is still producing commissions for his Windermere SCA franchise, and Windermere Services Company. Is that the "Highest ethical standards. Uncompromising honesty and integrity?"
When victims use the media to report their Windermere experiences honestly, Windermere sues them for libel and defamation through false lawsuits to intimidate, silence, and hush bad PR—read one of those lawsuits here. It then tries to coerce victims into signing a “dark clause settlement agreement” that permanently terminates their speech rights—read some of those "settlement" agreements here. Through an expensive and emotionally distressing roller coaster ride with Windermere's nasty Demco lawyers, a victim of Windermere fraud is told they will be taken all the way to trial on trumped-up libel and defamation charges, and if they don't sign the dark clause, their life and future will be ruined. When a victim persists in refusing to sign, Windermere voluntarily dismisses its own lawsuit under Civil Rule 41, just before trial, after costing the victim years and yet thousands more to defend against the false action. This predatory legal tactic is known as abuse of process or malicious prosecution. In one example cited below, franchiser Windermere Services Company served an outspoken victim a lawsuit for libel and defamation, and then immediately sent them an email instructing that they "...need not hire an attorney," and further stating, “…we will try to resolve this directly and outside the legal system.”
Every Windermere office in every state is legally tied to franchiser Windermere Services Company's fraudulent express warranty, false advertising, predatory conduct and policies through privity and its pecuniary franchise agreement. Some legal observers believe that Windermere's conduct has RICO and Civil Rights violation implications. If you have recently purchased a Windermere franchise without having been disclosed Windermere's falling brand value, PR decline, and its adverse website problems, click here for its duty of disclosure under Federal Trade Commission rules. Proof that Windermere Services Company knew about WindermereWatch.com in March of 2007 is in this document.
Windermere Real Estate is a textbook corporate predator who operates franchises in Washington State, Oregon, California, Arizona, Nevada, Utah, Idaho, Montana, Hawaii and British Columbia. Windermere repeatedly makes the false claim that it has offices in Wyoming, but it does not. If you’re buying or selling property through ANY Windermere office, a percentage from your transaction will be used by franchiser Windermere Services Company to silence and financially ruin innocent parties who’ve encountered Windermere fraud. Windermere won't pay legitimate damages or acknowledge wrongdoing, and will stall settlement of cases all the way to state supreme courts, a legal strategy that Windermere routinely employs to bankrupt victims and exhaust their resources.
We believe the information presented here is of profound social benefit to consumers and the community, and we are dedicated to providing it.
THROUGH FEES AND COMMISSIONS PAID TO FRANCHISER WINDERMERE SERVICES COMPANY, EVERY WINDERMERE NETWORK OFFICE IN EVERY STATE IS AN ENTHUSIASTIC PARTNER AND KNOWING ACCESSORY TO WINDERMERE MARKETING FRAUD AND ITS PREDATORY POLICIES
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WINDERMERE: AMERICA'S PREDATORY REAL ESTATE ENTERPRISE
Consumer advocates, legal experts and elected lawmakers all agree that the American real estate industry demands greater regulation to protect consumers from the human disaster of real estate fraud perpetrated by unethical realtors employed at companies like Windermere Real Estate. Windermere manipulates our clogged, inundated courts and the justice system to stall, wear down and financially exhaust victimized consumers, many of whom are wiped-out by the cost of pursuing civil justice in a process where innocent victims must CHASE perpetrators of real estate fraud through the courts AFTER a fraudulent offense has been committed. Acts of fraud are so common and widespread throughout the Windermere real estate network, that the defense of real estate fraud has become has become just another bottomline expense on the Windermere balance sheet. And the litigation nightmare of real estate fraud can happen to anyone who deals with Windermere Real Estate. It could happen to you. Windermere is by far the most unethical, deceitful, and culturally toxic real estate company operating in the United States. Windermere knowingly, deliberately, and unabashedly profits on corrupt franchise owners, brokers and agents with proven histories of fraud and ethical misconduct, many of whom are profiled in the pages of WindermereWatch.com. Despite Windermere's well-documented assault on victim speech rights, more and more unconscionable cases of Windermere fraud continue emerging.
Windermere is headquartered in Seattle, at franchiser Windermere Services Company. It was founded by John W. Jacobi, and he has kept the company a private, family-owned enterprise, eluding the transparency and ethical accountability required by stockholders. For decades, Windermere has harnessed the art of positive PR, affixing itself—however superficially—to community art events, the homeless, and even an annual college rowing competition which opens Seattle's boating season—the Windermere Cup—irresponsibly promoted by, and in conjunction with, the University of Washington. But those are the disingenuous and cynical sideshows created by an adept market manipulator, shown only briefly to the public, to obscure and obfuscate Windermere's true predatory nature.
FRANCHISER WINDERMERE SERVICES' MANAGEMENT TEAM AND DESIGNATED GOVERNING PEOPLE: EXPERTS IN MARKETING FRAUD, ABUSE OF THE LEGAL PROCESS, AND AT COERCING DAMAGED WINDERMERE CLIENTS INTO SILENCE BY SUPPRESSING THEIR SPEECH RIGHTS
The shameless greed and repugnant ethics of Seattle's Jacobi family, deliberately profiting on the loss and suffering of Windermere victims through commissions on the fraudulent home deals and unlawful misconduct of dishonest Windermere agents, brokers and franchise owners. Forget human decency, commercial reputation or social responsibility—it's all about the money.
Before turning the business over to his children and son-in-law, Windermere founder John W. Jacobi (left) simply ignored any complaints of fraud from Windermere victims, sending them straight to the lawyers. Yet despite claims of retirement, Jacobi is still indeed quite active at franchiser Windermere Services Company:
In Complaint 10-2-36192-8 SEA, filed in King County Superior Court on October 12, 2010, Windermere Services Company has sued former Windermere Puyallup Canyon Road owner Joe Maxwell for default on an “Unconditional Guaranty of Payment” promissory note. The Maxwell Answer and Counterclaims state that the “Plaintiff's [Windermere Services Company] claims are barred by Plaintiff’s fraud, duress, and unclean hands,” and alleges $4,000,000 in damages and violation of Washington's Franchise Investment Protection Act; and also that "The alleged Note and Guarantee are unconscionable and unenforceable." Maxwell's Counterclaims state "6. The WPCR Operating Agreement contains a provision granting Jacobi a special veto power which among other things, states that the company shall conduct its business and manage its affairs in accordance with the directions of Jacobi and all management decisions are subject to Jacobi’s review," and "13. In early 2006, WSC and Jacobi decided to open another WSC office in the territory in which WPCR was operating, despite the objections of Maxwell. As a result of the opening of this new WSC office, WPCR lost a significant number of its real estate agents and revenue that transferred to the new office in Graham, Washington," and "14. As a direct result of these actions taken by WSC and Jacobi, WPCR was left with a large debt burden and overhead, and WPCR’s revenue was significantly reduced... 22. On September 14, 2010, Maxwell heard from a real estate agent working at WPCR that the agent had received an email from WSC notifying him WPCR’s franchise had been terminated. This notice was sent to WPCR’s real estate agents before Maxwell learned of the termination of WPCR’s franchise." Read the complete report on this case here.
Jacobi's Washington Loan Company is also currently being sued for Intentional Misrepresentation—read that report here—Case Update: Stipulation and Order for Dismissal. And the Windermere affiliated service company, Commonwealth Land Title Company of Puget Sound (recently re-named "CW Title") , has been found negligent by a jury who awarded the third-party plaintiffs $1,190,000. Read the Commonwealth report here.
Current Governing Person and Windermere Services Company CEO Geoffrey P. Wood (left) is married to John W. Jacobi's daughter, Jill Jacobi-Wood. Wood is the chief architect of Windermere marketing fraud, inducing business volume through—among other fraudulent promotion—an express warranty of "The highest ethical standards. Uncompromising honesty and integrity." When called upon to honor his company's warranty, Wood instructs Demco lawyers—led by Matthew F. Davis–to sue vocal victims for libel and defamation. Wood is also a Governing Person of Windermere Relocation, the subject enterprise of Windermere's employee rape case. He was briefly a real estate sales person in 1994, but that license was CANCELLED in 1995, and Wood currently has no real estate license of any kind that WindermereWatch can find.
Governing Person Jill Jacobi-Wood (left), Windermere Services President, is a licensed real estate broker in Washington State, and as such is subject to the statutory condition of RCW 18.86.030 "(d) To deal honestly and in good faith." For her part in Windermere's marketing fraud and malfeasance, Jacobi-Wood's RE license should be cancelled by the Washington State DOL's real estate division. By promoting honesty and integrity—while in reality—she is suing and coercing Windermere victims to shutup about their Windermere experience, Jacobi-Wood is hardly dealing honestly and in good faith.
Governing Person John O'Brien "OB"Jacobi (left) is General Manager of franchiser Windermere Services Company and also has many Windermere realty brokerage offices. He's a licensed real estate broker who is also called upon by statutory law to "Deal honestly and in good faith." But John "OB" Jacobi instead promotes fraudulent claims of honesty and integrity, and falsely sues victims of Windermere misconduct for libel and defamation to intimidate them and coerce their silence. Then this junior Jacobi runs away and voluntarily dismisses his own mendacious lawsuit when a victim refuses to sign Windermere's dark clause settlement agreement that has cost the victimized party so much distress and money to defend.
Windermere Services Governing Person and attorney—WSBA# 26636—Paul Drayna (left) has even more stringent ethical requirements placed upon him through his collateral professions of Lawyer and Notary Public; and Drayna is also bound by the Model Rules of Professional Conduct. But Mr. Drayna is not only practicing marketing fraud at Windermere. As Windermere in-house counsel, Drayna oversees Windermere's predatory litigation strategy of deliberately abusing the legal process by falsely suing victims for libel and defamation, and then attempting to intimidate and coerce those victims out of their speech rights and into Windermere's Dark Clause silence agreement. When victims WON'T sign the Windermere Dark Clause, Drayna runs away too, and voluntarily dismisses his own company's lawsuit under Civil Rule 41—but only after first costing the victim thousands to defend the phony lawsuit. Drayna is even copied on the mendacious, Demco-authored settlement documents meant to quash speech rights and be signed by Windermere victims. Drayna is also listed on the Board of Directors at Seattle Pro Musica, "a world of choral beauty," as being Pro Musica's Corporate Secretary and Legal Counsel. Pro Musica states as part of its mission "Respect/Integrity—a principle of respect and integrity in all our endeavors." So while Mr. Drayna is ruining lives by prosecuting costly, false and mendacious lawsuits that seek to intimidate Windermere victims and terminate their speech rights, he is also promoting "...a belief in the importance of music as a means of connection to each other and the community." Visitors to WindermereWatch.com and responsible citizens alike are urged to boycott Seattle Pro Musica concerts. Visit the boycott Seattle Pro Musica page by clicking here. Read a more in-depth review of Drayna's legal practice here.
Timothy Wissner (left), is named as a Governing Person and Treasurer of Windermere Real Estate Services Company. Wissner ia also CFO of franchiser Windermere Services; and CFO of Windermere Solutions; and is listed as Washington Loan Company Vice President. Washington Loan Company has also been sued for Intentional Misrepresentation—read that report here—Case Update: Stipulation and Order for Dismissal.
WINDERMERE'S DEMCO LAW FIRM: ESCHEWING ETHICS and DOING WHAT OTHER LAWYERS JUST WON'T DO
Attorney and multi-office Windermere broker John Demco (left) is the ethically-elastic Windermere kingpin lawyer who operates Demco Law, Windermere’s in-house legal firm, whose primary job is to stall and outspend small fry consumers damaged by dishonest Windermere brokers, agents and franchise owners. When an innocent real estate consumer has the misfortune to suffer one of Windermere’s many bad apples, Demco Law Firm will refuse to settle the matter forthrightly, no matter what conspicuously unlawful or offensive conduct the agent or broker has committed. Demco and Windermere will force the aggrieved party to sue or swallow their damage and go away—standard Windermere operating procedure.
WindermereWatch has compiled voluminous evidence that Windermere-Demco attorney Matthew F. Davis (left), WSBA# 20939, is the kind of lawyer about which jokes are coined. Davis is franchiser Windermere Services' frontline bully—the guy in the legal trenches actually wrecking lives, making threats, and suing victims who speak out. When Shakespeare was recommending "The first thing we do, let's kill all the lawyers," in Henry the Sixth, Part 2, he was talking about egomaniacal lawyers like Matt Davis.
Attorney Matt Davis of Windermere's Demco Law Firm is so unethical, so deceitful and intimidating, that he's famous in law circles. As Windermere-Demco's lead attorney, Matthew F. Davis is renown for his dishonesty, dubious legal tactics, lack of decency and disrespect for the rules of professional conduct. He will do absolutely anything to win—without regard for truth or justice. He will lie to courts and opposing parties. He will file fallacious and erroneous documents with the court. He will email opposing parties telling them not to hire a lawyer when he has just served them a lawsuit. He will call a judge's chambers and request more time without informing the opposing party. He will file orders for a bench trial when he knows a jury trial has been demanded and paid for. He will trick, stall, coerce, menace and threaten. He will invent and extend mendacious Windermere litigation and abuse the legal process for no other reason than to exhaust an opponent’s pocketbook. If he can, he will get YOUR attorney to quit—a favorite tactic.
Windermere, Davis and Demco Law will push a $5 cat poop case all the way to the state supreme court just to avoid paying damages—because it’s all in the Windermere operating budget. And in the end, Windermere and Davis will try to coerce silence about your Windermere experience by trying to make you sign a "settlement" agreement that terminates your speech rights, so you can't ever inform the public about your Windermere debacle. What if you DON'T sign that you'll shut up, and then SPEAK UP instead? Windermere-Demco's Matt Davis will sue you for libel and defamation, then run away and dismiss his own lawsuit on the eve of trial—because after all—you're telling the truth.
Windermere's Clear and Overt Marketing Fraud:
"THE HIGHEST ETHICAL STANDARDS. UNCOMPROMISING HONESTY AND INTEGRITY."
—The Windermere Real Estate Mission Statement
Windermere widely promotes its deceptive express warranty in sales documents and on the internet which states "We are committed to... The highest ethical standards. Uncompromising honesty and integrity." In other Windermere promotion, like the Puget Sound Business Journal, Windermere CEO Geoff Wood is quoted as saying "In the real estate business somebody's word is very important. If you say you're going to do something, you've got to do it." The article goes on to say, "Geoff oversees marketing, legal, financial and internet development services throughout the Windermere network..." Mr. Wood claims absolute dominion over both Windermere legal and internet strategy, making him chief architect of Windermere marketing fraud.
Effective reportage can be harsh in recounting facts, but it must be said in consideration of all the Windermere victims profiled here who truly sought Windermere's vaunted honesty and integrity, that Windermere Services CEO Geoffrey P. Wood is simply lying when he states his company's utterly false and fraudulent commitment to honesty and integrity. He both lies and deceives again when he says that "In the real estate business somebody's word is very important. If you say you're going to do something, you've got to do it." Wood clearly doesn't do what he says he's going to do—be committed to uncompromising honesty and integrity. Wood himself is indeed IN the real estate business and his word is absolutely no good at all. He sues victims of Windermere misconduct for trade libel and defamation to shut them up, and then he tries to use the legal system to suppress victims' speech rights when they ask him to actually perform on the warranty he promotes. As this website proves, Mr. Wood does anything BUT what he says he's gonna do. Far from providing victimized Windermere customers a commitment to high ethical standards, honesty and integrity, Wood and Windermere run away and hide behind their lawyers when innocent consumers are ruined by their Windermere experience.
John W. Jacobi, Geoff Wood, his wife Jill Jacobi-Wood, and governing cohorts John O'brien "OB" Jacobi, attorney Paul Drayna, and Timothy Wissner have gone to the absolute ends of the earth in stonewalling, ignoring, denying and fleeing any and all responsibility for Windermere wrongdoing and misconduct. When called upon by victimized Windermere consumers to make good on its warranty of honesty and integrity, Windermere even states in legal pleadings that Windermere agents are NOT agents of Windermere at all—but independent contractors. As the legally-designated Governing People and top managers of the Windermere empire who drive policy, ethics and market promotion, it demands repeating that John W, Jacobi, Geoff Wood, Jill Jacobi-Wood, John OB Jacobi and attorney Paul Drayna are all clearly lying when they promise high ethical standards and uncompromising honesty to the public and consumers of real estate services.
Protect your life, home, family and future by cancelling or not renewing your Windermere listing. Don't risk doing business with Windermere Real Estate, the brand built on lies, fraud and ruined lives. Refuse to fund public predator Windermere Real Estate with commission from the sale of your home.
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