"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
CLICK BLUE TEXT LINKS TO
REPORTS & COURT CASES AS OF:
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." (Demco, Saul and Gabelein above.) READ THE COURT'S SHOCKING OPINION HERE.
The Windermere Relocation Rape Case: Court Declares that Windermere "...condoned a rape by a business colleague..." and "Little was subjected to an abusive work environment..." CLICK TO THE COURT'S COMPLETE OPINION HERE.
Franchiser Windermere Services Company suing and competing against its own franchisees:
SUPERIOR COURT STATE OF WASHINGTON FOR KING COUNTY—CASE NO. 10-2-36192-8 SEA: THE SAGA OF WINDERMERE PUYALLUP CANYON ROAD (WPCR) IS A REALTY FRANCHISE OWNER'S ULTRA-NIGHTMARE: Franchiser Windermere Services Chairman "...Jacobi decided to open another Windermere office in the territory in which WPCR was operating."
SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF SAN DIEGO—CASE NO. 37-2011-00089709-CU-BC-CTL: "From the time that the Cross-Complainants exercised their contractual right to terminate the Franchise License Agreement, and while Cross-Complainants were still operating as Windermere franchisees, [Windermere Services] Cross-Defendants engaged in a pattern of unlawful and predatory acts designed to specifically harm Cross-Complainants and destroy their businesses as Windermere franchisees and their future business endeavors."
Attention agents: Considering a business association with Windermere Real Estate?
IN THE COURT OF APPEALS STATE OF WASHINGTON DIVISION 1—No. 65159-5: "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."
ADDITIONAL BENNION & DEVILLE FINE HOMES, WINDERMERE COACHELLA LAWSUITS:
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
Windermere Real Estate Services Company, Windermere Coachella Valley Agent Charles Stewart Smith, Bennion & Deville Fine Homes Inc., dba Windermere Real Estate Coachella Valley, Sued for Breach of Implied Warranty of Fitness, Statutory Failure to Make Written Disclosures, Fraud: Fraudulent Concealment and Failure to Disclose, Fraud: Intentional Misrepresentation, Fraud: Negligent Misrepresentation, and Constructive Fraud. (Left) Windermere Coachella agent Charles Stewart Smith, who says on his Windermere web page that he has "... a track record of proven sales and outstanding client service results."
Bennion & Deville Agent Scott Palermo (left), individually; Bennion & Deville Fine Homes, Inc. a California corporation, dba Windermere Real Estate Coachella Valley; Louise Hampton, individually; HLH Enterprises, Inc., a California corporation dba Prudential California Realty, sued for General Negligence. THE COMPLAINT ALLEGES: "Palermo told Plaintiffs that he then did extensive research as to the easement and assured Plaintiffs that they had exclusive use of the easement as if Plaintiffs owned the land."
"We are still experiencing cash flow issues...." —Windermere Controller Marie D. Wooten
JUDGMENT AGAINST BENNION & DEVILLE FINE HOMES INC., DBA WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR RENT PAID LATE AND UNPAID RENT: Documents in evidence state: "Late Fees which have accumulated for the last ten months total: $10,937.10... Rent has been delinquent January thru November. With the exception of a late fee paid for September... Please remit balance due of: $33,904.96."
OOPS!!! WINDERMERE'S DAVID CARDEN AND DALE MAGUIRE (at left respectively); RE/MAX SPECIALISTS, BOB STALLINGS and PIERRE BALLARD; and SUBJECT PROPERTY OWNER RONNY THARPE, SUED BY SALES PROSPECT WHO FELL INTO OPEN, UNFENCED and ALMOST EMPTY SWIMMING POOL.
READ THE ANSWER OF DEFENDANTS BENNION & DEVIILE FINE HOMES, AGENTS CARDEN AND MAGUIRE HERE
Homestreet Bank Review • Windermere Mortgage Services Series LLC Review
"WSC tracks loan and Title referrals by WRE office and individual agent. ... It is believed that WRE agents are generally ignorant that their "legal fund" is a profit center for the WRE office in which they work. ... 57. John Jacobi [left], majority owner of WSC is also 70% owner of voting shares of stock in WRE South."
"52. It was likely any suit against the Escrow Company would result in a counterclaim against WMSS South and WRE South. 53. Demco did not pursue any claim against the Escrow Company."JUMP TO THE COMPLETE CROSS-CLAIMS HERE
In response to Plaintiff Homestreet Bank's boilerplate Judicial Foreclosure Complaint against former Windermere Franchise Owner and Defendant Michael M. Ratcliffe, Ratcliffe's estranged wife, Co-Defendant and 3rd Party Plaintiff, Joyce M. Feeley, blows the lid off the Windermere / Homestreet partnership in her Answer, Counter-Claims and Cross-Claims, which in part allege:
"44. The WMIA fund runs a substantial surplus each year in excess of $500,000 that is distributed to the WRE office owners. 45. It is believed that WRE agents are generally ignorant that their "legal fund" is a profit center for the WRE office in which they work."
"...Mr. Bennion exerted substantial pressure through Windermere Mortgage Services Series and Mr. Ratcliffe to compel Ms. Feeley to return and re-sign the deed of trust without any qualifier."
1. VIOLATION OF FIDUCIARY DUTIES. Homestreet Bank violated its fiduciary duties when its agent, RICHARD BENNION, overstepped his role as a managing board member and assumed the role of the lender. Homestreet committed this violation when its agent, RICHARD BENNION, assumed the responsibility of making the final decision to fund the Milton property loan despite the numerous underwriting and processing shortcomings of that loan..." (Emphasis added.)
2. RESPA VIOLATIONS. Because WMSS and Homestreet Bank reimburse WSC and discrete WRE offices in relation to the volume of loans they refer, those payments CONSTITUTE AN IMPROPER KICKBACK in violation of CFR 3500.14. ..." (Emphasis added.)
3. CONSPIRACY TO COMMIT BRIBERY. Because WMSS, Homestreet Bank, and the other crossclaim defendants profited from unlawful bribery and the conspiracy to commit such acts, they have acted in violation of 18 U.S.C. 1962 (a) and (c). ..." (Emphasis added.)
SUPERIOR COURT OF WASHINGTON FOR KING COUNTY—No. 08-2-34857-1 SEA
$1,278,418.00 JUDGMENT DEBTOR—WINDERMERE AFFILIATED COMPANY COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND—IS NOW "CW TITLE" OF BELLEVUE AFTER A QUICKIE NAME CHANGE. SHOULD THE PUBLIC TRUST INCOMPETENT WINDERMERE SUBSIDIARY COMPANIES LIKE CW TITLE? Read the original Complaint in the case here. Read the Third-party Answer and Counterclaim here. Read the "$1,278,418.00 plus interest" Agreed Order against Defendant Commonwealth here.
As prior counsel to Plaintiff Seawest Investment, and then later as counsel for Defendant Commonwealth—IN THE VERY SAME CASE—Windermere-Demco lawyer Matthew F. Davis (left) is deposed as a WITNESS: Read his amazingly evasive and equivocal 80-page deposition in which he states, "I was not involved with this transaction at the time that it was negotiated. And as a result, I assumed that a disclosure statement was provided in connection with the initial contract formation... And it, because I was involved so much later than contract formation, IT SIMPLY DID NOT OCCUR TO ME AS A POSSIBILITY IT WOULD NOT HAVE BEEN PROVIDED." (Emphasis added.) Mr. Davis is also well-known for lying to the court and a defendant, and for abusing process through intimidation and coercion in another Windermere case.
Windermere's affiliated business, Orange Coast Title—founded by John L Marconi in 1974—sued for Quiet Title and Negligence in Complaint alleging a "...fraudulent scheme perpetrated by Defendants to steal equity from real estate..."
The Orange Coast family of companies also includes California Title Company; Equity Title, LLC; First Centennial Title Company of Nevada; Financial Processing Systems; Integrated Lender Services; JLM Corporation; Laureltree Promotions; National Asset Management Group; and TrackMyFile.
Equity Title of Arizona—a member of Windermere's affiliated Orange Coast Title family of companies—sued by the Federal Deposit Insurance Corporation (FDIC) for Negligence, and Aidng and Abetting Fraud
A 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
Are you considering LISTING YOUR HOME with Windermere, or BUYING A HOME LISTED by Windermere? Despite Windermere's false promotion of "Uncompromising honesty and integrity," if anything goes wrong in your Windermere home deal, WINDERMERE WILL FORCE YOU TO SUE. Before you buy or sell with Windermere, focus on the risk of Windermere's well-documented history of unethical misconduct in home transactions:
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
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
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. (Above left, Lance Miller of Windermere Allen & Associates.)
THE GRUELING HUMAN TOLL OF CHASING WINDERMERE CROOKS THROUGH THE COURTS: $311,304.67 IN LEGAL FEES, 5 YEARS DISTRESSING LITIGATION, and DEMOLITION OF THE HOUSE TO BUILD A NEW ONE...
COURT SAYS WINDERMERE CAMANO ISLAND'S SONYA EPPIG "...DID NOT SO UNEQUIVOCALLY SET FORTH THE PERMITTING AND INSPECTION PROBLEMS..." and "...[WINDERMERE] CAMANO LEARNED ABOUT THE PERMITTING AND INSPECTION PROBLEMS BUT DID NOT INFORM THE RUEBELS."
(Left) Sonya Eppig and Windermere Real Estate/CIR Owner, Marla Heagle, still producing commissions for Windermere.
"...Eppig did not tell the Ruebels about the addendum Nelson prepared disclosing that the engineering work was not complete and that the building plans did not meet the UBC requirements. Instead, Eppig helped draft a revised addendum that did not so unequivocally set forth the permitting and inspection problems. And when Camano Realty listed the Hovis property for approximately two years, Camano learned about the permitting and inspection problems but did not inform the Ruebels....
... Eppig did not tell the Ruebels that the Building Department had suspended the building permit. Sometime after May 6, Eppig obtained some engineering information from Preview Realty and requested building plans from Hovis’ architect.... On May 7 or 8, Eppig sent the Ruebels an extension until May 15 for the feasibility study and assured them that there was no problem with complying with the Building Department's request for the engineering information.... Contrary to Eppig’s assurances, VanDuine testified that he told Eppig the engineering data she provided was inadequate...
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.
PARTIES STIPULATE TO TRIAL ON JUNE 4, 2012—NOTICE OF SETTLEMENT DATED 6/1/12 WAS FILED ON 6/5/12
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) President April Kieburtz, Designated Broker and Owner, Windermere Real Estate/Northwest; the generic silhouette head of Steven Kieburtz, CEO and Owner, Windermere Real Estate/Northwest; and Loretta Larson, Manager and Broker, Windermere Real Estate/Northwest.
ALLEGATIONS FROM THE COMPLAINT: "... 20. Windermere and Larson had the power to control Johnson’s offers or sales of products to the public and Larson was the branch manager, charged with monitoring and managing the activities of the agents and brokers affiliated with such branch, including Johnson... 21. In connection with the SCI investment, Johnson misrepresented material facts to Simmons or omitted to state material facts necessary to make Johnson’s other material representations, in light of the circumstances under which they were made, not misleading." Read the complete report here
Montana Supreme Court Reverses the Partial Summary Judgment of Windermere Helena Broker Rick Ahmann's (left) "Acquiron" Real Estate and Business Brokerage After Elderly Victim Seeks Damages of $4,635,485.51, Claims Unlawful Sale of Securities, Negligence and Fiduciary Breach: "The examiner found that DBSI was running a Ponzi scheme."
The Windermere Relocation Rape Case: Court Declares that Windermere "...condoned a rape by a business colleague..."
THE COURT 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[ ]."
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 Real Estate Company and its Seattle-Wedgwood Office Broker, Carissa Turbak [Saffel], Sued for Copyright Infringement, False Designation of Origin and Unfair Competition—Violation of the Lanham Act—by Finito Services LLC, dba Sunspot Inns, Resorts & Vacation Rentals.
The Complaint Alleges: "Without the permission of Sunspot, Defendants selected, modified and published no fewer than 53 Sunspot photographs in their real estate marketing materials on multiple Internet websites..." Above left: Windermere Real Estate Company Owner John "OB" Jacobi; Windermere Real Estate Company Seattle-Wedgwood Broker Carissa Turbak Saffel.
WINDERMERE FRANCHISE OWNERS' BANKRUPTCY; TAX WARRANTS; and RELATED DISCIPLINARY ACTIONS:
BK Petition of Windermere Real Estate Capital Group, Inc., Owner Steven Alan Osburn: Total Assets of Steven Alan Osburn (left) $25,804.12; Total Liabilities, $1,368,534.85. Creditor Holding Unsecured Nonpriority Claim, Windermere Services Company, $130,000.00. Download the Osburn Bankruptcy Petition here. Mr Osburn is currently a real estate agent at 43 Forty Three Degrees North Real Estate, Boise, Idaho; M2 Idaho, LLC. Osburn's Windermere Capital Group was sued for Violation of the Fair Housing Act.
BK Petitions of Windermere Real Estate Commencement Associates Owners Dick Beeson and David Sinding: Total Assets of (left) Richard E. Beeson—aka Dick Beeson—and Robin L. Beeson, $556,426.00; Total Liabilities, $2,795,696.00. Download the Beeson Bankruptcy Petition here. Petition States Beeson is Currently a Real Estate Broker at RE/MAX Professionals, Tacoma. Total Assets of (2nd from left) David C. Sinding, $482,600.00; Total Liabilities, $1,952,497.00.
STATE WARRANT FOR UNPAID TAXES #167188A: CATALYST COMMERCIAL PARTNERS INC (a corporation) WINDERMERE COMMERCIAL. Catalyst President Robert Regan (left) was "...Broker/Owner of Windermere Commercial/Metro and the Director of Commercial Real Estate for all of Windermere Real Estate throughout the Western United States..."
WINDERMERE REAL ESTATE BONNEY LAKE - LAKE TAPPS Owner Tom Tollen's Highmark Homes WARRANT NO. 13-00771-SC For Unpaid Construction Compliance Penalties, An Unregistered Contractor, Infraction No. NSLOD00507, Compliance Penalty, Interest, Filing Fees and Surcharges, $3070.00. Satisfaction of Warrant No. 13-00771-SC. Click to Windermere Bonney Lake - Lake Tapps lawsuits here.
Windermere Himlie Shelton Review: Nearly seven years litigation all the way to the Washington Supreme Court, and still going: Windermere's "The highest ethical standards. Uncompromising honesty and integrity," brings unsuspecting waterfront homebuyers...
An Interminable Windermere Himlie Legal Ordeal in Shelton, Mason County, Washington
"The Court of Appeals correctly reversed the trial court's dismissal of the Jackowskis' claims for breach of statutory fiduciary duties. The Court of Appeals also properly acknowledged that chapter 64.06 RCW does not bar common law rescission, and it properly reversed the trial court's dismissal of the Jackowskis' causes of action relating to fraud concerning the fill issue. For the reasons stated above, we affirm the Court of Appeals and remand to the trial court for further proceedings."
"The trial court permitted the Jackowskis to amend their complaint against Hawkins Poe and Johnson to include an allegation of failure to meet statutory duties under 18.86.050(1)(c) and against the Borchelts, Windermere Himlie, and Conklin for fraud and fraudulent concealment of cracks in the basement."
DOWNLOAD THE COMPLETE WASHINGTON SUPREME COURT'S OPINION HERE
(At left) Vince Himlie, owner and designated broker of Windermere Himlie, who states that he has been honored as "Realtor of the Year." And Windermere Himlie agent Jef Conklin, whose Windermere web page states, "Jef has the experience to make sure your transactions go as smoothly as possible," and "With Jef and Windermere in your corner you can`t help but come out a winner."
ATTENTION AGENTS AND REALTY FRANCHISE OPERATORS: CONSIDERING A BUSINESS ASSOCIATION WITH WINDERMERE REAL ESTATE?
"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
WINDERMERE'S PREDATORY and UNETHICAL FRANCHISING PRACTICES:
Third Party Complaint Alleges, "Despite Jacobi's contractual obligation to personally guarantee WPCR obligations to Bank of America and demands by WPCR members to do so, Jacobi failed and refused to sign personal guarantees of these obligations," and "On September 14, 2010, Maxwell heard from a real estate agent working at WPCR that the agent had received an email from WSC [franchiser Windermere Services Co.] 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." (Windermere founder John Jacobi, left.)
8-Office Powerhouse Quits the Windermere Brand: Windermere Exclusive Properties Changes to Real Living Lifestyles
• PAUL DRAYNA & MATT DAVIS REVIEWS—DEMCO LAW FIRM REVIEW •
DEALING WITH WINDERMERE-DEMCO LYING LAWYERS and LEGAL PROCESS CHEATS, PAUL STEPHEN DRAYNA and MATTHEW F. DAVIS?
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).
These two princes of process abuse file false, prevaricating lawsuits merely to intimidate Windermere victims, coerce unjust settlements, and bankrupt innocent defendants—then they run away and voluntarily dismiss their own action under CR41 just before trial when they fail at forcing an innocent defendant to sign away their speech rights. For proof, click here to read one of the Drayna/Davis/Windermere proposed "settlement" agreements that terminate speech rights, accompanied by Windermere's specious Trade Libel & Defamation Complaint and its CR41Voluntary Dismissal.
Holding lawyers in low esteem has become a national pastime, and absolutely craven characters like Drayna and Davis are just a couple of the many reasons why: They will lie to courts and opposing parties. They will file fallacious and erroneous documents with the court. They will email an opposing party telling them not to hire a lawyer when they have just served that party a lawsuit. They will call a judge's chambers and request more time without informing an opposing party. They'll even file an order for a bench trial when they know a jury trial has been demanded and paid for. Their poor reputations proceed them at court—and consequently—also reflect on those whom they represent before judges and courtroom personnel.
Windermere-Demco must often be compelled by courts to provide or participate in discovery—as in this example. For greater detail on Drayna-Davis misconduct—click here. information on Windermere Services Company's privity with franchises—click here.
Windermere Founder John W. Jacobi's Washington Loan Company, Craig and Rosalie Shriner's Windermere Real Estate S.C.A. Redmond, and its Agent Christopher Judd, Sued for Intentional Misrepresentation and Other Claims in Alleged "...unlawful scheme to enrich themselves at the expense of plaintiffs and others..."
(Left to right above) 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.
TYPICAL WINDERMERE NETWORK OFFICE SCAMS: A Windermere Real Estate SCA Redmond Review That You Should Read.
...Don't risk a sloppy, incompetent home transaction, or a concealed Windermere agent/broker insider referral scam. Commonwealth Land and Title Company of Puget Sound changed its name to "CW Title" as of September 1, 2011: CW Title is just Commonwealth Land and Title Company of Puget Sound by another name. Don't Trust CW Title with your home!
Windermere's Commonwealth Land Title of Puget Sound—AKA CW Title—Sued for Slander of Title and CPA Violation: Dismissal Update
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.
Recent Spokane Class Action against Windermere's Vestus Foreclosure alleges Plaintiff "...lost a significant amount of money in an amount to be proven at trial on her purchase of the Liberty Lake property based on the representations made by Vestus," and that Vestus Defendant Cunningham stated, "so what if we are off $20,000 sometimes."
Vestus LLC and Windermere Spokane City Group agents Brian Sandusky and Aaron Cunningham (at left respectively) sued in Class Action Complaint (Certification Pending) for Violation of the Consumer Protection Act, also alleging "...Vestus was not a licensed real estate brokerage firm." DOWNLOAD A COMPLETE COPY OF THE CLASS ACTION COMPLAINT HERE
Allegations further state that Cunningham told the Plaintiff that he requested another Vestus client bidder to refrain from bidding as a "favor" to the Plaintiff.
The Class Action Complaint's Prayer for Relief Includes:
4. That it be declared that Vestus' fee/compensation structure is unfair and/or deceptive in violation of Washington's Consumer Protection Act; 5. That the Court rescind the contracts between Defendant Vestus and Plaintiff and other similarly situated individuals; 6. That Defendant Vestus be held liable to Plaintiff and other similarly situated individuals for any commissions or fees paid pursuant to rescinded contracts.
• VESTUS FORECLOSURE GROUP REVIEW •
"Vestus, LLC is also a trade name for Defendant Windermere Real Estate/East, Inc."
Vestus Foreclosure Group, Windermere Real Estate East, Windermere Sales Associate and "Foreclosure Expert" Christopher Hall, Sued for Negligent or Fraudulent Misrepresentation, Violation of the Consumer Protection Act; Violations of RCW Chapters 18.85 and 18.86; RCW Chapter 19.86
Complaint Alleges: "The Defendants hold themselves out as experts in the purchase of foreclosing property, and facilitate the financing and acquisition of foreclosing properties." ... "Vestus advertises that it gathers "real time market data" on foreclosing properties, "mines" the data, physically drives to the properties in order to ensure the accurate analysis of each property, and rigorously and carefully analyses the information it has collected." ... "The Defendants did not disclose the [foundation] settling problem..."and the Plaintiff was "...compelled to repair the foundation problems at great expense."
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 (left, respectively), SUED FOE FRAUD IN MYSTERIOUSLY APPEARING "2ND LISTING" CASE
DELIBERATELY AND KNOWINGLY CONCEALING TOXIC RAT INFESTATION IN A RUINED HOME DECEPTIVELY PAINTED-UP WITH FRESH "MARTHA STEWART COLORS," AND THEN LYING ABOUT IT, TOO. WINDERMERE REAL ESTATE NORTHEAST KIRKLAND'S INCREDIBLE PREDATORY LIARS, GEORGE RUDIGER AND JOAN WHITTAKER: THE WORST OF THE WINDERMERE WORST. (At left, George Rudiger and some of his concealed rats; lying Realtor Joan Whittaker photo unavailable.)
" 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.”
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
Current Windermere Real Estate Chino Hills King Realty Group Owner, Richard Michael King, had real estate license "...revoked; provided, however, a restricted real estate broker license shall be issued..." by Department of Real Estate, State of California, when previously operating as Century 21 King Realtors...
...From "In the Matter of the Accusation..." filed by the Department of Real Estate, State of California, June 11, 1998: "The overall conduct of Respondent KING [left], constitutes a failure on his part, as officer designated by a corporate broker licensee, responsible for the supervision and control over the activities conducted on behalf of MDR by its officers, managers and employees as necessary to secure full compliance with the provisions of the Real Estate Law including the supervision of the salespersons licensed to the corporation in the performance of acts for which a real estate license is required.
This conduct is cause for the suspension or revocation of the real estate license and license rights of KING pursuant to the provisions of Sections 10159.2 and 10177(d) of the Code." Mr. King's license was reinstated on August 13, 2002.
WINDERMERE AFFILIATED BUSINESS LAWSUITS & LITIGATION
Windermere Affiliated Business OLD REPUBLIC HOME PROTECTION COMPANY SUED IN FEDERAL NATIONWIDE CLASS ACTION COMPLAINT alleging, "This case pertains to defendant's uniform, nationwide practice of charging home warranty premiums in connection with the settlement or closing of home mortgage loans in a manner that violates RESPA, specifically Section 8(a), which prohibits, among other things, the giving or accepting of fees in exchange for the referral of any "service involving a federally related mortgage loan" to "any person."
THE "AFFILIATED" BUSINESSES THAT PAY PUBLIC PREDATOR WINDERMERE REAL ESTATE, ITS EMPLOYEES AND/OR AGENTS—WHO HAVE A DIRECT OR INDIRECT OWNERSHIP INTEREST AND MAY RECEIVE A FINANCIAL BENEFIT—TO STEER HOME BUYERS AND SELLERS TO THEIR SPECIFIC SETTLEMENT SERVICES: Is it unethical?
WINDERMERE AGENTS and BROKERS COMPEL SELLERS and BUYERS TO SIGN A FORM: Windermere SoCal's "Affiliated Business Arrangement" in part states:
"This is to give you notice that Windermere Real Estate SoCal has a business relationship with Old Republic Home Warranty, GeoAssurance, Orange Coast Title Company, The Escrow Source, imortgage.com and Mortgage Capital Partners. Windermere Real Estate SoCal and/or certain owners, employees and/or agents of Windermere Real Estate have a direct or indirect ownership interest in Old Republic Home Warranty, GeoAssurance, Orange Coast Title Company, The Escrow Source, imortgage.com and Mortgage Capital Partners. Because of these relationships, this referral may provide a financial benefit to Windermere Real Estate SoCal, its employees and/or agents. DOWNLOAD A PDF COPY OF THE WINDERMERE SOCAL "AFFILIATED BUSINESS ARRANGEMENT" HERE
UNABASHED PROFIT ON WINDERMERE AGENTS and BROKERS WITH LEGALLY ADJUDICATED HISTORIES OF UNETHICAL MISCONDUCT, and EXPENSIVE, INTIMIDATING, PHONY LAWSUITS FILED TO TERMINATE THE SPEECH RIGHTS OF DAMAGED WINDERMERE FRAUD VICTIMS...
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?
WINDERMERE BELLEVUE COMMONS "NOT MY PROBLEM" CASE UPDATE: PLAINTIFF ADDS REGALL CONSTRUCTION IN FIRST AMENDED COMPLAINT
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." 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?
Complaint alleges that “…Windermere Real Estate/West Campus, Inc. and Dan Dennis SUPPLIED FALSE INFORMATION to AMERCO in its business transaction…" (Above left and 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.
(Above 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.
Recently deceased Windermere Real Estate/Wall Street agent Cheryl Jonet was a judgment debtor and defendant in many legal actions involving lawsuits for mishandling earnest money, the breach of promissory note agreements, and unlawful detainer. Peter Doorish was selling a home in February of 2005, and Jonet was a buyer’s agent. Jonet represented her buyer as being a lawyer, when in reality, the buyer was in fact a clerical employee and the single mother of four children.
Jonet convinced Doorish to provide the buyer a $50,000 loan, with assurances that Windermere lawyers would generate the proper paperwork. But Jonet actually kept the Doorish loan for herself... (Shown left to right) Rich Gangnes is an owner and also the designated broker of Windermere Real Estate / Wall Street; Jake Jacobsen is the managing broker at Windermere Wall Street where both were on duty for the Doorish and Jonet cases; Windermere chairman and founder, John W. Jacobi. CLICK TO THE FULL 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 TO THIS REPORT
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..."
After Nearly 7 Years Producing Commissions 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 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.
Bennett Homes (examples left) 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.
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
Important Washington Real Estate Court Cases:
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
PLEASANT BEACH VILLAGE, BAINBRIDGE ISLAND, WA, REVIEW:
PROSPECTIVE COMMERCIAL TENANTS of PLEASANT BEACH VILLAGE SHOULD BEWARE of FUNDING PUBLIC PREDATORS JOHN JACOBI and WINDERMERE REAL ESTATE with THEIR RENT PAYMENTS.
Bainbridge Island Architect Charlie Wenzlau and Tad Fairbank of Fairbank Construction help realty predator Jacobi on community lifestyle center.
"Abandoned Lynwood Center Project "Blossom Hill" is now "Pleasant Beach Village" under the new ownership of John Jacobi, founder of Windermere Real Estate. Members of the Jacobi family have purchased the Blossom Hill development and are working with Jim Laws, Charlie Wenzlau and Tad Fairbank with the goal of turning the Lynwood Center neighborhood into a community lifestyle center.
We look forward to sharing regular updates about this project." (Above left to right) Windermere Founder John Jacobi, Windermere BI Owner Jim Laws, Pleasant Beach Village contact and Windermere Real Estate West Sound Owner/Managing Broker Carter Dotson.. “The completion of Pleasant Beach Village will solidify this neighborhood service center as a vibrant and expansive destination.” — Arnie Sturham, Owner, Treehouse Cafe
JUDGMENT DEBTOR WINDERMERE RELOCATION “…ABANDONED AND VACATED THE PREMISES” IN BREACH OF OFFICE LEASE,“…AMOUNT OF ALL DAMAGES IS $168,597.30…” In Complaint No. 09-2-12257-1 SEA, Filed in King County Superior Court on March 12, 2009, Plaintiff Legacy Partners in part states: "1. Defendant Windermere Relocation, Inc., is a Washington corporation, doing business in this state and county.... 5. Defendant leased the Premises from Plaintiff for the purpose of operating a commercial business. 6. Defendant has abandoned and vacated the Premises... The amount of all damages is $168,597,30, as detailed in Exhibit A.”
Filed October 27, 2009: ORDER AND JUDGMENT ON ANSWER OF GARNISHEE AND ORDER TO PAY.
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
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.
Back to Top