Corporate realty fraud is a tragic American business scandal that big real estate wants to keep quiet and doesn’t want to pay for, despite its “Ethics & Integrity” public relations. Countless realty service consumers are victims of realty fraud annually, forced to chase unscrupulous brokers, agents, and their wealthy companies through years of litigation and distress. Realtors like Windermere Real Estate use our clogged, dysfunctional, expensive courts to stall and bankrupt fraud victims, often unjustly escaping its greedy incompetence, malfeasance, and devastating unethical misconduct. Making victims sue is always cheaper—maybe they'll go broke, or simply go away and eat their losses.

Read here the genuine, sordid legal documents about what Windermere Realtors do, and how franchising predator Windermere Services Company conducts itself in the marketplace. Current Windermere clients may be unaware of Windermere Real Estate's perpetual practice and disturbing history of unethical consumer fraud, and should consider canceling or not renewing their Windermere listing. Don't risk your life, home, and finances by dealing with Windermere Real Estate, America's most mercenary and dishonest real estate company.

"...it is apparent based solely on the deposition testimony of WSC's own employees and officers that it did not make a "commercially reasonable effort" to combat Windermere Watch.”

Trial Set for May 30, 2017...

MAJOR COURT RULING: ORDER DENYING WINDERMERE REAL ESTATE SERVICES COMPANY'S APPLICATIONS FOR RIGHT TO ATTACH ORDERS AND ORDERS FOR ISSUANCE OF WRITS OF ATTACHMENT [AGAINST BENNION & DEVILLE]:

“WSC seeks attachment of $1,777,323.76… Cross-Claimant [WSC] has not met its burden to prove that its claims for breach of contract are more likely to obtain a judgment than not…

In its reply, WSC argues that the B&D Parties failed to produce any admissible evidence regarding what constitutes "commercially reasonable efforts." However, the evidence shows that WSC took no action to address the Windermere Watch concerns…

WSC's Vice-President, Michael Teather, testified that he could not think of a single action that WSC took to combat Windermere Watch after entering the Modification Agreement…

...it is apparent based solely on the deposition testimony of WSC's own employees and officers that it did not make a "commercially reasonable effort" to combat Windermere Watch.”

Download the complete Denial Order here

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Yet Another Windermere Methamphetamine House Case:

SUPERIOR COURT KITSAP COUNTY WA — NO. 15-2-01226-8
(Download the complete Complaint here)

West Sound Property Management, dba Windermere Property Management / West Sound (Owner Tori Dotson and Agent Bobbi Neal, left), Sued for Intentional or Negligent Misrepresentation, Breach of Contract, Violation of Consumer Protection Act, in Complaint Alleging “...Windermere did not share the Background Screening Report with the Hoffmans, nor did it ever provide the Hoffmans with any additional information about the Tenants' credit history or amend Ms. Neal's characterization of the Tenants' "slight credit issues," and;

“...Windermere's website promises "worry-free, full service management," to its customers, including annual inspections and quarterly drive-by inspection reports. It also represents that "[t]o protect your investment and ensure your property will be well maintained," it will obtain "credit and criminal records, rental or ownership history and personal references," as well as employment history, prior to accepting a tenant.

...Windermere agent Bobbi Neal represented to the Hoffmans that the Tenants had some "slight credit issues that are keeping their score just a hair to [sic] low" to qualify for a mortgage...

...a company called Alliance 2020 generated a Background Screening Report at Windermere's request. That Background Screening Report included a credit summary showing that Bre' Ann Simms had fifteen different accounts sent for collection (the majority of which were still unpaid), and a credit score of 498. Joshua Parmelee also had an account sent for collection. ...Tenants also had criminal histories...

...Subsequently, testing revealed high levels of methamphetamine residue at the ...On July 14, the Kitsap County Health District ordered that the Property not be occupied and that Plaintiffs engage a decontamination contractor to clean up the property within 45 days

Stipulated order of dismissal was filed on 6/20/2016 which is not yet available from the court; the remaining case removed to federal court.

READ ANOTHER WINDERMERE METHAMPHETAMINE HOUSE CASE:

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II—NO. 35740-2-II: Windermere Real Estate Agent Lance Miller's (left) Deliberate Non-Disclosure of Home's Prior Pot Farm and Meth Production Site.

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GENDER INEQUALITY, WINDERMERE, AND WORKPLACE FAIRNESS:

The Tragic and Predatory Social Conduct Shared by Windermere Real Estate and San Diego City Ex-Mayor Bob Filner: Subjecting Female Employees to an Abusive Work Environment.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT—D.C. No. CV-98-01184-RSL

DOWNLOAD A PDF COPY OF THE OPINION HERE

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

In Little v. Windermere Relocation, the Court stated: "In sum, taking the facts in the light most favorable to Little, because her [Windermere] 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[ ]."

(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 Stephen 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."

SUPERIOR COURT OF CALIFORNIA, SAN DIEGO COUNTY—CASE NO: 37-2013-00058613-CU-OE-CTL

'Defendant Filner then stated "Come on. Give me a kiss."'

In Irene McCormack Jackson v City of San Diego; Robert ("Bob") Filner, Plaintiff Jackson's Complaint for Damages, Employment Discrimination and Sexual Harassment, alleges at ¶ 19 that her boss, San Diego Mayor Robert Filner (left), said to her in sum or substance, "you know you are beautiful. I have always loved you. Someday I know that you are going to marry me. I am so in love with you. Wouldn't it be great if you took off your panties and worked without them on?" Plaintiff was aghast and pushed him away. Defendant Filner then stated "Come on. Give me a kiss."

And Ms. Jackson further alleges at ¶ 35:"... (1) Plaintiff McCormack Jackson was an employee of Defendant City of San Diego; (2) Plaintiff McCormack Jackson was subjected to unwanted harassing conduct because she is a woman; (3) the harassing conduct was severe or pervasive; (4) a reasonable woman in Plaintiff McCormack Jackson's circumstances would have considered the work environment to be hostile or abusive; (5) Plaintiff McCormack Jackson considered the work environment to be hostile or abusive; (6) Defendant Filner participated in the harassing conduct;"

Jackson v City of San Diego; Robert ("Bob") Filner Complaint here

Defendant City of San Diego's Answer to Complaint here

Defendant City of San Diego's Cross-Complaint Against Robert Filner here

Jump to the Court's full Opinion for Little v. Windermere Relocation here

FIRST TEAM REAL ESTATE OF SOUTHERN CALIFORNIA HIRES NOTORIOUS WINDERMERE RELOCATION RAPE CASE FIGURE, GAYLE GLEW, AS ITS DIRECTOR OF RELOCATION SERVICES: First Team has enthusiastically endorsed its employment of infamous realty executive Gayle Glew, the former President of Windermere Relocation, an enterprise about which the United States Court of Appeals for the Ninth Circuit said: '"When Little told Glew of the rape, which, according to Glew, was the first he had heard of it, Glew's "immediate response was that he did not want to hear anything about it."'

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COURT OF APPEALS DIVISION 1, STATE OF WASHINGTON—NO. 58533-9-I

THE GRUELING HUMAN TOLL OF CHASING WINDERMERE 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 of Windermere Real Estate / CIR, and owner Marla Heagle. "...Eppgig 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...

...Rather than proceed with remodeling, the Ruebels decided it was less costly to demolish the house and build a new house."

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON—NO. 59321-8-I

WINDERMERE BELLEVUE COMMONS ASSOCIATE BROKER DICK PELASCINI'S FORECLOSURE RESCUE RIPOFF SCAM:

(Left and right) Windermere Bellevue Commons Associate Broker Dick and Cecilia Pelascini: Still generating commissions for Windermere.

"...When Pace-Knapp signed further documents at the closing agent’s office, she first realized she had sold her house to the Pelascinis. Nevertheless, she proceeded with the sale. As a result of this transaction, the trustee’s sale did not proceed... She lived in the house under lease agreements with the Pelascinis for two and a half years, during which time she paid rent to the new owners. She was evicted when the Pelascinis declined to renew her lease a third time."

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WASHINGTON STATE COURT OF APPEALS, DIVISION 1—NOS. 58439-9-I, 58531-2-I

WINDERMERE AGENTS' ABUSE, UNDUE INFLUENCE and EXPLOITATION OF A VULNERABLE ADULT AT WINDERMERE ATTORNEY JOHN DEMCO'S SOUTH WHIDBEY ISLAND FREELAND WINDERMERE FRANCHISE:

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 clients. (Demco, Saul and Gabelein, shown left.)

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WINDERMERE REDMOND REVIEW

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON—NO. 62912-3-I

PAUL STICKNEY WINDERMERE REAL ESTATE'S MILLION-DOLLAR FAILURE TO DISCLOSE A CONFLICT OF INTEREST TO WINDERMERE SCA REDMOND CLIENTS MARK AND CAROL DECOURSEY

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 house in Redmond, Washington, and then recommended a remodeling company to the DeCourseys. But Stickney neglected to mention he was AN OWNER of the remodeling company he was recommending, which absolutely ruined their home. Stickney testified that he DID NOT KNOW he was named as the remodeling company's VP until AFTER the DeCoursey's lawsuit began.

READ THE STICKNEY / WINDERMERE CASE SUPERSEDEAS BOND

Also alternatively spelled "superscedeas" bond. —From BLACK'S LAW DICTIONARY:

supersedeas bond (soo-per-see-dee-es). An appellant's bond to stay execution on a judgment during the pendency of the appeal. Fed. R. App. P. 8(b). See SUPERCEDE (2). CF. appeal bond.

DOWNLOAD A COPY OF THE STICKNEY/WINDERMERE REDMOND SCA SUPERSEDEAS BOND HERE

Profiting on agents with a legally adjudicated history of ethical and professional misconduct:

BELLEVUE'S "MORE TRUSTWORTHY" REALTY EXECUTIVES INTERNATIONAL BRIO EMPLOYS STICKNEY

REALTY EXECUTIVE BRIO TAX WARRANTS: Are Bellevue Realty Executive Brio’s Ken Bell and Co-Owner Crystal Herrmann employing Windermere Crook Paul Stickney in hopes that he’ll help them pay their taxes? Brio Professionals LLC/Realty Executives Brio, June 13, 2013, WASHINGTON STATE DEPARTMENT OF REVENUE WARRANT FOR UNPAID TAXES of $5,082.56 was SATISFIED on October 17, 2013; but Realty Executive Brio’s CURRENT January 23, 2014, WASHINGTON STATE DEPARTMENT OF REVENUE WARRANT FOR UNPAID TAXES of $5,694.30 remains UNSATISFIED as of this report.

Windermere Conflict of Interest Crook, Paul Stickney (left), is now listed as an "Executive" at Realty Executives Brio, 13010 NE 20th St, #200, Bellevue, WA 98005. Realty Executives states about its brand, "The Realty Executives name represents a unique standard for our customers and inspires an unrivaled level of confidence. An "Executive" is perceived to be more than just an "Agent" by both our customers and the industry-at-large," and "Our Executives are perceived as: • Experienced • Knowledgeable • Professionals with integrity • Able to sell home faster for more money • Highly trained • Community and industry leaders • And more importantly -- MORE TRUSTWORTHY" (emphasis added).

In King County Superior Case No. 13-2-17465-1 SEA, Stickney, who literally destroyed the home and finances of his Windermere Redmond SCA clients (story here), has been SUED FOR MONIES DUE AND OWING OF $5688.06 BY AMERICAN EXPRESS BANK; and the Amex Motion for Default here. Perhaps Predator Paul is tasting the same distress and disgrace that he and Windermere have provided to so many others.

After thoroughly wrecking his unsuspecting clients' lives for nearly six years, Windermere Redmond crook Stickney now whines to the court: "...Although innocent, I was found guilty of things I never did, by a jury that did not hear the other sides of the story at trial... Further, to add insult to injury, the on-line attacks have become supported by judicial credibility..." and "...I am now behind on my house payments, I owe money to the IRS, and I have four other debts that are in arrears. I have been paying on the debts until I could pay no more. This ordeal has exhausted my assets and I am barely hanging on." —Click here for Paul Stickney's complete response to Plaintiff American Express.

Update: Amex Motion to Strike Stickney's Answer as "...immaterial or impertinent..." Order Granted on Motion to Strike Portions of Defendant's Answer. 9/26/2013 Order of Dismissal.

SNEAKY: When the Craig Shriner family's former Windermere Redmond office became Windermere Redmond/East, conflict-of-interest swindler Paul Stickney was deleted from its roster, his listings tendered in the name of Windermere Redmond East agent Patricia "Patty" Ennis (left). But Ms. Ennis' email address was listed as "stickneyteam@windermere.com," and her "Cell/Direct: (206) 954-6475" was Paul Stickney's number. CONSUMERS BEWARE.

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WINDERMERE BELLEVUE COMMONS SUED YET AGAIN IN STUNNiNG "COMPLAINT FOR FRAUD"

SUPERIOR COURT KING COUNTY—CASE NUMBER: 14-2-13149-6 SEA

Windermere Real Estate Bellevue Commons and Agent Kenny Pleasant, RE Investors Sean and Margaret Stewart, Sued for Fraud, Fraudulent Concealment, Negligent Misrepresentation, Violation of the Consumer Protection Act, and Breach of Broker Duties, in Complaint Alleging:

"...At the time of the listing, Windermere and Pleasant knew that the seller was required to obtain necessary permits and inspections for the extensive remodel as required by the City Residential Code..." and "...Pleasant and Windermere represented both the buyer (Wubbels) and the seller (Stewart) in the transaction as dual agent.

Shortly after receiving a copy of the NOV [Notice of Violation], Pleasant telephoned Simpson and asked what would happen if the pending sale went through without the required permits and inspections. Simpson explained to Pleasant that the new owner would be responsible to obtain the permits and make the required corrections. Defendants persisted in concealing the facts of the illegal remodel and resulting NOV from Wubbels, knowing that when she closed, she would be responsible for the expense and consequences of the City Residential Code violations. "

(L to R) Windermere Bellevue Commons agent Kenny Pleasant, who states on his Windermere web page, "I know that buying or selling a home is one of the most important things you will ever do, and I want to help make that experience as smooth and successful as possible." 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."

WINDERMERE DEFENDANT'S "SHAM TRANSACTION"—Plaintiff's Reply to Defendants Stewarts' Counterclaim Regarding Promissory Note and Cross Claim Against Defendants Windermere and Pleasant for Indemnity, alleges:

“...State that the so-called loan was initiated and directed by Kenny Pleasant, in order to cause Wubbels to proceed with closing of the sale, for the financial benefit of Pleasant and Stewart. Further state that the "loan" was a sham transaction whereby the $16,000 delivered by Stewart prior to closing was re-delivered to him at closing in the form of sale proceeds...

...Sham transaction concocted by defendant Pleasant and Stewart...” and “...Hence, Pleasant maneuvered Wubbels into a position where she was required to sell her house and move out without any knowledge that Stewart house was defective due to the NOV..." and “...By initiating and directing the "loan", Kenny Pleasant violated statutory and common law duties of an agent and broker owed to Wubbels."

The Windermere Bellevue Commons Answer and its "...did not know..." defense:

“...but Defendants Windermere Real Estate/Bellevue Commons, Inc. and Kenny Pleasant did not know that Defendant Sean Stewart had failed to obtain the necessary permits and inspections until after the NOV was faxed to Defendant Kenny Pleasant," and "Admit that Defendant Kenny Pleasant called Victoria Simpson because he did not know what the NOV meant or what was required...”

BEWARE WINDERMERE DUAL AGENCY DOUBLE-DIPPING: The Windermere Bellevue Commons “...did not know...” Answer strategy necessarily forces admission that Windermere agent Kenny Pleasant did not know what the City Notice of Violation (NOV) “...meant or what was required,” despite that Pleasant was acting as a dual agent, allowing Windermere Bellevue Commons to collect commission FROM BOTH PARTIES TO THE SAME TRANSACTION. In another case, the Court has already warned that "DUAL AGENCY IS PERILOUS" and "...Windermere did not advise the Lunsfords that it would present the Thomas offer." in LUNSFORD v. FRALEY

FOLLOW THE CASE DOCS ON DEMAND:

5/8/2014, Initial Complaint filed: "Defendants persisted in concealing..."

5/13/2014, Demco's Lars E. Neste and Jennifer L. Johnson appear for Windermere Bellevue Commons and Kenny Pleasant.

6/6/2014, Defendants Windermere Bellevue Commons and Kenny Pleasant Answer to Complaint, Affirmative Defenses and Cross Claim for Indemnity: “...but Defendants Windermere Real Estate/Bellevue Commons, Inc. and Kenny Pleasant did not know that Defendant Sean Stewart had failed to obtain the necessary permits and inspections until after the NOV was faxed to Defendant Kenny Pleasant.”

6/6/2014, Declaration of Lance C. Dahl in Support of Motion to Approve Service by Mail:. “Between May 9 and May 28, three attempts were made to serve Sean Stewart at his business office during business hours. Mr. Stewart either was absent or declined to come to the reception desk. To date, Mr. Stewart has not responded.” Motion to Serve by Mail; and Order Granting Plaintiff's Motion to Serve by Mail.

6/23/2014, Notice of Appearance: Jordan M. Hecker of Hecker Wakefield & Feilberg, P.S., appears for Sean and Margaret Stewart.

6/27/2014, Stipulated E-Service Agreement.

7/21/2014, Defendants Sean Stewart and Margaret Stewart's Answer, Affirmative Defenses and Counterclaims to Plaintiff's Complaint: "...Stewart denies that the Plaintiff is entitled to any of the relief requested," and "Complaint for Beach of Promissory Note."

7/23/2014, Stewart attachment to Answer: Exhibit A Promissory Note.

8/8/2014, Plaintiff's Reply to Defendants Stewarts' Counterclaim Regarding Promissory Note and Cross Claim Against Defendants Windermere and Pleasant for Indemnity.

8/12/2014, Windermere Real Estate/Bellevue Commons, Inc. and Kenny Pleasant’s Answer and Affirmative Defenses to Defendants Sean Stewart and Margaret Stewart’s Cross-Claims Against Windermere Real Estate/Bellevue Commons, Inc. and Kenny Pleasant.

12/23/2014, Parties Stipulate to Dismissal.

Windermere's most dishonest franchise? Read more Bellevue Commons cases:WINDERMERE BELLEVUE COMMONS ASSOCIATE BROKER DICK PELASCINI'S FORECLOSURE RESCUE RIPOFF SCAM; WINDERMERE BELLVUE COMMONS TONY FERELLI'S "NOT MY PROBLEM" CASE.

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WINDERMERE EAST REVIEWS & WINDERMERE-VESTUS FORECLOSURE GROUP REVIEW & CASES

KING COUNTY SUPERIOR COURT OF WASHINGTON—CASE NO. 12-2-08537-4 SEA

VESTUS FORECLOSURE TO STAND TRIAL ON FRAUDULENT CONCEALMENT CHARGE: Vestus Foreclosure Group, Windermere Real Estate East, and "Foreclosure Expert" Christopher Hall, heading for trial. After Windermere/Demco standard Summary Judgment Motion, Judge orders that Plaintiff's claims for Breach of Contract, Fraudulent Concealment, Negligent Misrepresentation, CPA and violation of RCW 18.86 agency statute will remain. Vestus Windermere Demco Motion for Partial Reconsideration is DENIED. Plaintiff files jury demand.

Vestus LLC, Windermere Real Estate East, and "Investment Specialist & Foreclosure Expert" Christopher Hall, Sued for Negligent or Fraudulent Misrepresentation, Violation of Washington Real Estate Law, including Chapters 18.85 and 18.86 RCW, and Violation of the Washington State Consumer Protection Act, Chapter 19.86 RCW, in Complaint Alleging:

"9. The Defendants hold themselves out as experts in the purchase of foreclosing real property. Defendants provide training and information on purchasing foreclosing property, and facilitate the financing and acquisition of foreclosing properties. 10. 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.... 18. Information readily available to real estate professionals, but not to the public, included agents' remarks that the foundation of the Property had settling issues. 19. The Defendants did not disclose the settling problems to McGrath."

(Left to right) Chelle Nelson, Managing Broker, Windermere Real Estate East, who says on her Windermere web page "I hope you'll consider me a valuable educator and resource for all your real estate questions and needs." Lew Mason, Branch Manager of Windermere Real Estate East; and Windermere Real Estate East Manager/Broker, Dennus Baum, who states on his Windermere web page "As the Broker/Manager of Bellevue East, I am committed to providing our clients with the highest level of real estate service and expertise. Over my 30 years of experience, in an ever changing real estate market, I can provide a valuable resource for both clients and agents so that you receive the experience you deserve with one of the most important decisions of your life."

FROM THE ANSWER AND AFFIRMATIVE ANSWERS OF VESTUS LLC, WINDERMERE REAL ESTATE EAST, INC., and CHRISTOPHER HALL: "... Admit that a qualified person associated with Vestus bid on the property on that date and that the bid was successful. As of this writing, IT IS NOT KNOWN WHICH INDIVIDUAL CONDUCTED THE BID..." and "... Plaintiffs' claims are barred or diminished by assumption of risk, waiver, estoppel, ACT OF GOD ..." (emphasis added)

DOWNLOAD THE FULL COMPLAINT HERE; OR READ IT ON THE VESTUS FORECLOSURE GROUP REVIEW PAGE HERE; JUMP TO THE DEFENDANTS' ANSWER HERE

CASE HISTORY

January 11, 2013: After Windermere/Demco's FIRST Summary Judgment Motion, Judge orders that Plaintiff's claims for Breach of Contract, Fraudulent Concealment, Negligent Misrepresentation, CPA and violation of RCW 18.86 agency statute will remain. Windermere Vestus Demco Motion for Partial Reconsideration is DENIED. Plaintiff files jury demand. Vestus Foreclosure Group, Windermere Real Estate East, and Christopher Hall to stand trial for Fraudulent Concealment and other charges on August 12, 2013.

June 21, 2013: Vestus, Windermere East, Christopher Hall and Demco lawyers lose big again. Court denies SECOND Motion for Summary Judgment. DOWNLOAD THE COMPLETE SECOND SUMARY JUDGMENT MOTION HERE; AND THE ORDER DENYING IT HERE

From Plaintiff's Response to Defendants' Second Motion for Summary Judgement: "Well before the April 7, 2011 meeting, Vestus acquired an Agent Detail Report on the Property. On March 13, 2011, Hugh Stewart, one of Vestus' principals, pulled the Agent Detail Report from the MLS site. Hall Dep 21-22. At about one third of the way down the page contains the words, "Partial Slope." At the bottom, in a section called "Agent Only Remarks," is "settling issues"... The Agent Detail Report is not available to the public. Hall, Dep 63-64 ("Can ordinary citizens go on the MLS site and get the agent remarks, the agent-only remarks?" "No; because it is agent-only remarks."). The Agent Detail Report for the Property WAS NOT IN the Auction Packet Vestus distributed on April 7,2011." (Emphasis added.)

July 22, 2013: Just 2 weeks before trial, a Stipulation and Order to Amend Complaint to Remove Claim and Parties has been filed with an Amended Complaint that removes Hall and the Fraudulent Concealment charge. The newly Amended Complaint names defendant parties as Vestus LLC, and Windermere Real Estate East, Inc., and states in part: "...Hall provided McGrath information and recommendations on properties... Information readily available to real estate professionals, but not to the public, included agents' remarks that the foundation of the Property had settling issues... Defendants did not disclose the settling problems to McGrath."

After Stipulation and Amended Complaint, Trial to Proceed against Vestus Foreclosure and Windermere East for Breach of Contract, Negligent Misrepresentation, violation of the Consumer Protection Act, and Breach of Statutory Duty, on August 12, 2013.

Plaintiff's Trial Brief: "Since the hearing on Vestus' motion, [Plaintiff] McGrath has notified Vestus' attorney that she intends to drop her claim for fraudulent concealment. She has decided to drop Christopher Hall as a defendant. She has filed a motion to amend to reflect these changes in a stipulation and order agreed upon by defendants' attorney." Plaintiff's Proposed Jury Instructions and Proposed Special Verdict Form

Defendants' Trial Brief: "...Vestus does not guarantee the accuracy or completeness of information it makes available..." Demco Doubles Down: Vestus/Windermere East Proposed Jury Instructions and Proposed Special Verdict Form. Defendants' Motions In Limine.

Pre-Trial Updates: Joint Statement of Evidence; Defendants' Admissible Docs Notice, ER 904; Mediation Compliance: "The mediation did not resolve the dispute." Joint Confirmation of Trial Readiness, also filed on July 22, states trial is estimated to take 5 days. Defendants' Notice of Admissible Docs, Evidence Rule 904; Notice of Mediation Compliance: "The mediation did not resolve the dispute."

August 8, 2013: Notice Of Settlement Filed.

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Windermere Real Estate Hires Matthew Gardner as Chief Economist:

Seattle - Windermere Real Estate announced today that it has hired Matthew Gardner (left) as the company's new Chief Economist. Gardner is the former Principal of Gardner Economics, and has over 25 years of professional experience both in the U.S. and U.K. (MORE)

Windermere Real Estate Opens Ukiah Office: David Ryan, Diane Ryan, and Douglas Ware, the owners of Windermere Platinum Real Estate Services, proudly announce the opening of their new Windermere Real Estate Office in Ukiah, CA...

...Second-generation real estate professional becomes newest Windermere franchise owner in the desert area with new office - Windermere Desert Living

Coachella Valley, Calif. – March 31, 2016 – Les Ryan Realty, formally a Century 21 franchise based out of Cloverdale, Calif., is joining Windermere Real Estate’s growing team in Coachella Valley and will now be known as Windermere Desert Living. With a special focus on the La Quinta area, the franchisee will be opening its first Windermere office this month at 51350 Desert Club Drive, La Quinta, Calif.

The addition of Windermere Desert Living will further expand Windermere’s presence throughout Coachella Valley, following the recent openings of Windermere offices in Palm Desert by Windermere Homes & Estates in October 2015, as well as Windermere Real Estate Leaskou Partners in November 2015.

The new Windermere Desert Living team is led by Les Ryan (left), a second-generation real estate agent whose parents worked in the real estate industry beginning in the 1970s with offices throughout Northern California before retiring. His brother, David Ryan, is also a Windermere franchisee owner in Ukiah, Calif.

“I’ve been working in the real estate business for what seems like my whole life, so I know a successful real estate company must have a strong brand, be actively involved in the community, and care deeply about its agents,” said Les Ryan, owner and founder of Windermere Desert Living. “Windermere holds all those qualities and more – it makes sense for my team to join Windermere and further enhance the company’s presence in the desert area.” (MORE)

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ANOTHER WINDERMERE-VESTUS FORECLOSURE GROUP CASE:

SUPERIOR COURT STATE OF WASHINGTON, COUNTY OF SPOKANE—No. 13200611-6

"...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, Alleging "...Vestus was not a licensed real estate brokerage firm." 10/18/2013: Previously litigated in lower court where plaintiff's claims were dismissed.

Court awards summary judgment based on collateral estoppel.

Spokane Class Action against Windermere's Vestus Foreclosure alleges Plaintiff "...lost a significant amount of money... 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." 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."

July 17, 2013:Stipulation and Order of Dismissal of Certain Claims Against Defendants Sandusky and Cunningham: "...Plaintiff, and Defendants Sandusky and Cunningham, through their respective counsel of record and hereby stipulate and agree that all claims against Defendants Sandusky and Cunningham in § IV of Plaintiff's Complaint for Violations of Consumer Protection Act, including ¶¶ 4.1 - 4.8 thereunder, may be dismissed without prejudice and without costs. UPDATE 8/29/2013: Trial scheduled for Monday, August 14, 2014, at 9:00 a.m.

Download the complete Class Action Complaint here. Jump to the Vestus Answer here. September 9, 2013: Answer, Affirmative Defenses, Counterclaim and Cross-Claim of Defendants Sandusky and Cunningham. September 13, 2013: Defendant Vestus LLC's First Motion for Summary Judgement.

Spokane Association of Realtors and Vestus Class Action Parties File a Stipulated Motion for Protective Order of the Association's Records, Claiming Disclosure "...will cause damage to the Spokane Association of Realtors and/or its members...

...The confidential documents and information shall be used by the party to whom the documents are disclosed solely for the purposes of this lawsuit, and may not be copied, filed in court, disseminated, published, communicated, distributed or otherwise used except as provided In this order. Use of the confidential documents and Information for oral and/or written dissemination to any member of the public; any member of the media Including radio, television, print digital optical, or otherwise via computer, telephone, facsimile, or any other communication medium; or to any person not otherwise specifically authorized herein is strictly prohibited." (MORE)

DOWNLOAD THE STIPULATED PROTECTIVE MOTION & ORDER HERE.

SEPARATE COUNSEL: Attorneys Jeffrey P. Downer, and Allison J. Moon, of Lee • Smart P.S., Pacific Northwest Law Offices, are representing defendants Sandusky and Cunningham. Lars E. Neste of Demco Law Firm is representing defendant Vestus.

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Prior Defendants Do Business "The Windermere Way," Under New Name at New Location: Kalafatich and Robinson Reappear at Windermere Gig Harbor Builder’s Choice

SUPERIOR COURT OF WASHINGTON, COUNTY OF PIERCE—CASE NO. 09 2 08671 6

(Download Complaint here.)

Windermere Agent Maria Kalafatich, Sued for Negligent Misrepresentation, Fraud and Fraudulent Concealment, Rescission, Violation of the Washington Consumer Protection Act, Professional Negligence and Violation of RCW 18.86.030; and Former Windermere Professional Partners Owner Michael Robinson, Sued for Vicarious Liability Under RCW 18.85.155 as Liable for the Tortius Conduct of Defendant Kalafatich. Allegations Complained of Include:

“...KALAFATICH was a licensed real estate salesperson... employed by broker PROFESSIONAL PARTNERS LLC as a real estate agent.

KALAFATICH availed herself of certain real estate services from defendant PROFESSIONAL PARTNERS-LLC d.b.a. WINDERMERE/ PROFESSIONAL PARTNERS to facilitate the sale of the residence... The Form 17 disclosure provided by KALAFATICH to Plaintiffs is inaccurate in that there are serious and systemic defects in the Project common elements...

...KALAFATICH knew of the intrusive investigation and concealed defective conditions in the Project common elements and limited common elements. KALAFATICH negligently or intentionally did not update her Form 17 disclosure, or otherwise communicate this knowledge to Plaintiffs.”

CASE SIDEBAR: More Windermere Defendant Owner Parties in Kalafatich-Pro Partners Action Go Bankrupt...

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. Download the Sinding Bankruptcy Petition here.

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In the face of massive, mounting losses,

Windermere now lies about its agent volume

400 AGENTS? Windermere Homes & Estates (owners Johnson & Gooding, left) asserts in a press release dated February 29, 2016, that “The company... has more than 400 agents.” But on March 24, 2016, when WindermereWatch did a routine fact check, California Bureau of Real Estate stated that “There are currently 345 salespersons affiliated with this Broker/Corporation.”

WINDERMERE OPENS A NEW OFFICE IN BOZEMAN, MONTANA

Bozeman Montana – March 1, 2016 – Windermere Broker Kevin Schwartz will be opening a new Windermere Real Estate office this month in downtown Bozeman at 9 E Main Street.

Schwartz (left), a Chicago native, has lived in many parts of the country before settling into Montana. Schwartz obtained his Supervising Broker's license while working in the Windermere Helena office, and formed a Real Estate team of skilled Windermere agents whose highest priority is to provide the highest level of service to their clients...

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Windermere Coachella Valley Leaskou Partners QUITS WINDERMERE after just 11 months: "Their branding just wasn't enough for Southern California," Leaskou said.

Leaskou Partners and Windermere Real Estate Unite in Coachella Valley

Leaskou Partners, Inc., an independent real estate brokerage headquartered in Palm Springs, Calif., (Founder Benjamin Leaskou, left), is joining Windermere Real Estate, furthering the company’s rapid, yet scalable, growth in the Coachella Valley. In addition to its Palm Springs location, which will transition to Windermere on December 1, Windermere Real Estate Leaskou Partners also plans to open an office in Rancho Mirage by year end, and two additional Palm Springs locations in the coming months... (MORE)

The COLORADOAN reports that Eric Thompson’s departure from The Group, Inc., was a “mutually agreed upon decision.” A June 2014 COLORADOAN Newspaper report about Thompson states that, “Eric Thompson is out as president of The Group, Inc., ..." and “...The Group’s board of directors said Thompson’s departure was “a mutually agreed upon decision,“ and “...Susie Ewing, vice president, said “Eric did a great job while he was here, but the company was looking for a new direction.” COLORADOAN STORY HERE

"Windermere Real Estate Expanding its Brand into Colorado. Eric Thompson, (left) former president of The Group, Inc. will spearhead growth starting in Fort Collins: September 10, 2014, Seattle – OB Jacobi, second-generation leader and president of Seattle-based Windermere Real Estate has announced the company’s plans to expand the Windermere brand into Colorado, starting in Fort Collins." Initial startup personnel include Paul Hunter, Chris Murdza, Greg Rittner, Siduri Taylor, and Janet Tharpe. MORE HERE

WindermereWatch Ethics University...

Realtor Unethical Miscondust Review: Read the complete California Department of Real Estate legal action for license suspension and/or revocation in the Matter of the Accusation of Tower Lending and Carl L. Cole.

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U.S. DISTRICT COURT WESTERN DISTRICT OF WASHINGTON, SEATTLE—CIVIL ACTION NO. 12-cv-271

CASE UPDATE 4/10/13: STIPULATION AND ORDER OF DISMISSAL

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.

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SUPERIOR COURT OF WASHINGTON STATE, KING COUNTY—CASE NO. 09-2-46671-8 SEA

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..."

(Above, 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) Kendra Vita, Manager of franchiser Windermere Services Company is listed as Secretary of the Washington Loan Company; 3) franchiser Windermere Services Company General Counsel, attorney Paul S. Drayna—WSBA #26636—is listed as Registered Agent of the Washington Loan Company; 4) Don Riley, Washington Loan Company manager; 5) Windermere Real Estate S.C.A. Redmond owner Craig Shriner; 6) Windermere Redmond SCA managing broker Aaron Shriner; 7) Windermere Redmond SCA agent Christopher Judd.

From Yahoo Reviews... Comments for Aaron Shriner—Windermere Real Estate: "This office represented the buyer of our home, the agent failed to communicate information in a timely manner, nearly missed several deadlines to extend the offer, and when we expressed our frustration to the broker, we were met with a condescending response, lacking even the semblance of an apology. Find another office to work with - the customer service in this office is VERY poor."

Typical Windermere Network Office Scams: A Windermere Redmond Review That Every Realty Service Consumer Should Read

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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).

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WINDERMERE'S PREDATORY and UNETHICAL FRANCHISING PRACTICES:.

A REAL ESTATE FRANCHISE OWNER'S ULTRA-NIGHTMARE: "...Jacobi decided to open another Windermere office in the territory in which WPCR was operating..."

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.)

Windermere corporate counsel Paul Drayna alleged to have sent WPCR's new franchiser—Better Homes & Gardens—predatory email: "After WSC terminated WPCR's franchise agreement, Maxwell entered into a franchise agreement with Better Homes and Gardens ("BHG'). When WSC learned Maxwell had entered into the BHG franchise agreement, WSC's corporate counsel, Paul Drayna, sent an email directly to BHG's corporate counsel. Mr. Drayna's email stated that WSC had recently terminated WPCR's franchise for failure to pay license fees and other amounts and that WSC reserved all rights to pursue all amounts owing against Maxwell personally," and "Mr. Drayna's email to BHG's counsel also informed them that Jacobi, the founder and Chairman of the Board of WSC, was also a member of WPCR, and included portions of the WPCR Operating Agreement which gave Jacobi "veto" power. Mr. Drayna further warned BHG that Jacobi was preparing to commence legal action against Maxwell and his new company."

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."

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SINGLE LARGEST WINDERMERE FRANCHISEE DUMPS THE WINDERMERE BRAND:

“I respectfully mention again we feel this is a responsibility of the Franchisor to protect its brand and the brand we are selling ... Deville continued by identifying specific instances in which several franchisees in the Southern California region were prevented from hiring new agents because of Windermere Watch.”

...By the end of 20l3, virtually all of Windermere's competitors had incorporated information from Windermere Watch into their sales pitches to both agents and clients."

Windermere SoCal / Bennnion & Deville Quit Windermere; 29 California offices, 1200+ agents become "bennion deville HOMES" independent brand

STUNNING ALLEGATIONS...

Windermere SoCal / Bennion & Deville Sue Franchiser Windermere Services Company for "...an utter disregard for California's franchise laws violating both the California Franchise Relations Act and the California Franchise Investment Laws," and because "... WSC has failed to make any material effort to combat WindermereWatch."

RECENT CASE UPDATE: THE COMPLETE FIRST AMENDED COMPLAINT STATES IN PART: “...While neither Bennion nor Deville were involved in the solicitation, negotiation, or sale of these new franchises, Drayna still directed Deville to sign each of the agreements on behalf of Services SoCal. Again, these offers and sales constitute the unlawful sale of an unregistered franchise under the CFIL. Drayna's continued efforts to cover up WSC's failure to register the Southern California FDD in 2014 represents separate breaches of the Area Representative Agreement.”

FROM THE ANSWER OF COUNTER-DEFENDANT JOSEPH R. DEVILLE TO FIRST AMENDED COUNTERCLAIM: "Deville denies the allegations that "Bennion and Deville approached WSC explaining that they were in such financial distress they were in imminent danger of insolvency..."

U.S. DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA—Case No. 5:15-cv-01921-R-KK

(Transferred to U.S. District Court Central District, Eastern Division)

TRIAL DATE SET FOR OCTOBER 18, 2016, AT 9:00 A.M.

DOWNLOAD THE COMPLETE FIRST AMENDED COMPLAINT HERE

DOWNLOAD FIRST AMENDED COMPLAINT EVIDENCE 1 HERE

DOWNLOAD FIRST AMENDED COMPLAINT EVIDENCE 2 HERE

Franchiser Windermere Real Estate Services Company (WSC) Sued by Former Multi-Windermere-Franchisee Bennion & Deville Fine Homes and Windermere Services Southern California, on Three Breach of Contract Claims, also Breach of Implied Covenant of Good Faith and Fair Dealing, and Violation of the California Franchise Relations Action (Cal. Bus. & Prof. Code § 20020), in a Forty-Seven-Page First Amended Complaint.

REGIONAL MEDIA CASE COVERAGE LINKS:

The Seattle Times: Windermere, big former franchise owner fight in court

The Desert Sun: How Windermere Southern California became Bennion Deville

Gay Desert Guide : Windermere responds to Bennion Deville lawsuit

FOLLOW THE CASE DOCS ON DEMAND:

9/17/2015; INITIAL COMPLAINT—EVIDENCE 1—EVIDENCE 2

10/13/2015; COUNTERCLAIMANT WINDERMERE REAL ESTATE SERVICES COMPANY’S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS’ COMPLAINT

10/14/2015; FIRST AMENDED COUNTERCLAIM BY DEFENDANT AND COUNTERCLAIMANT WINDERMERE REAL ESTATE SERVICES COMPANY FOR DAMAGES AND INJUNCTIVE RELIEF

10/26/2015; PLAINTIFFS’ OPPOSITION TO DEFENDANT’S MOTION TO DISMISS PURSUANT TO F.R.C.P. 12(b)(6) (Download doc here.)

10/29/2015; PLAINTIFFS’ OPPOSITION TO DEFENDANT’S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION

11/2/2015; REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF WINDERMERE REAL ESTATE SERVICES COMPANY’S MOTION TO DISMISS PLAINTIFFS’ COMPLAINT

11/3/2015; SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF COUNTERCLAIMANT WINDERMERE REAL ESTATE SERVICES COMPANY’S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION

11/4/2015; PLAINTIFFS BENNION & DEVILLE FINE HOMES, INC., BENNION & DEVILLE FINE HOMES SOCAL, INC., AND WINDERMERE SERVICES SOUTHERN CALIFORNIA, INC.’S NOTICE OF MOTION AND MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM PURSUANT TO F.R.C.P. 12(b)(6)

11/4/2015; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS BENNION & DEVILLE FINE HOMES, INC., BENNION & DEVILLE FINE HOMES SOCAL, INC., AND WINDERMERE SERVICES SOUTHERN CALIFORNIA, INC.’S MOTION TO DISMISS FIRST AMENDED [sic] [COUNTERCLAIM]

MAjOR CASE UPDATE: 11/6/2015; ORDER DENYING COUNTER CLAIMANT WINDERMERE REAL ESTATE SERVICE COMPANY’S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER: “...While this Court certainly understands WSC’s concerns, the language of their own contracts does nothing to protect them from such an occurrence.”

11/12/2015; JOINT STIPULATION FOR (i) PLAINTIFFS TO FILE FIRST AMENDED COMPLAINT; AND (ii) COUNTERCLAIMANT WINDERMERE REAL ESTATE SERVICES COMPANY TO VOLUNTARILY DISMISS COUNTS FIVE, SIX, AND SEVEN OF FIRST AMENDED COUNTERCLAIM

11/12/2015; ORDER GRANTING JOINT STIPULATION FOR (i) PLAINTIFFS TO FILE FIRST AMENDED COMPLAINT; AND (ii) COUNTERCLAIMANT WINDERMERE REAL ESTATE SERVICES COMPANY TO VOLUNTARILY DISMISS COUNTS FIVE, SIX, AND SEVEN OF FIRST AMENDED COUNTERCLAIM

11/16/1015; FIRST AMENDED COMPLAINT—FIRST AMENDED COMPLAINT EVIDENCE 1—FIRST AMENDED COMPLAINT EVIDENCE 2

11/27/2015; ANSWER OF COUNTER- DEFENDANTS BENNION & DEVILLE FINE HOMES, INC., BENNION & DEVILLE HOMES SOCAL, INC., WINDERMERE SERVICES SOUTHERN CALIFORNIA, INC., AND ROBERT L. BENNION TO FIRST AMENDED COUNTERCLAIM

12/4/2015; JOINT RULE 26(f) REPORT

12/7/2015; ANSWER OF DEFENDANT WINDERMERE REAL ESTATE SERVICES COMPANY TO PLAINTIFFS’ FIRST AMENDED COMPLAINT

12/7/2015; NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS—Local Rule 7.1-1 No Notice of Interested Parties

12/9/2015; ORDER (IN CHAMBERS) SETTING PRE−TRIAL & TRIAL DATES [& DISCOVERY CUT-OFF]

12/14/2015; ANSWER OF COUNTER-DEFENDANT JOSEPH R. DEVILLE TO FIRST AMENDED COUNTERCLAIM (Download doc here.)

2/16/2016; JOINT REQUEST AND STIPULATION OF THE PARTIES TO ENTER A PROTECTIVE ORDER

2/17/2016; STIPULATED PROTECTIVE ORDER GOVERNING THE USE AND DISSEMINATION OF CONFIDENTIAL DOCUMENTS AND MATERIALS

4/27/2016; NOTICE OF APPEARANCE OF COUNSEL, DEFENDANT AND COUNTERCLAIMANT WINDERMERE REAL ESTATE SERVICES COMPANY

5/6/2016; MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND RESPONSES

5/6/2016; JOINT STIPULATION RE: PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND RESPONSES

5/23/2016; SUPPLEMENTAL MEMORANDUM IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND RESPONSES [L.R.37-2.3]

5/26/2016; NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS

6/8/2016; ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION TO COMPEL

7/1/2016; DECLARATION OF JEFFREY A. FEASBY RE: COURT’S JUNE 8, 2016 ORDER

8/9/2016; JOINT STIPULATION TO CONTINUE TRIAL AND RELATED DATES

PERTINENT SIDEBARS: LEGACY OF WINDERMERE'S UNETHICAL and PREDATORY FRANCHISING PRACTICES:

A WINDERMERE FRANCHISE OWNER'S ULTRA-NIGHTMARE: "...Jacobi decided to open another Windermere office in the territory in which WPCR was operating..."

"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." (Current WSC president, John OB Jacobi, and his Windermere founder daddy, John W. Jacobi, left.)

LIAR, BULLY, COWARD and CROOK—SUING WINDERMERE VICTIMS WHO TELL THE TRUTH, THEN RUNNING AWAY: Lying to judges and deliberately filing false documents in their courts. Violating defendant civil rights and coercing illegal, unjust settlement agreements with intimidating emails, excessive legal expense and intentionally inflicted emotional distress. Voluntarily dismissing his false and process-abusive lawsuits on the eve of trial. He'll even try subverting a previously demanded, paid jury proceeding through surreptitiously ordering a bench trial in an unrelated motion. Is Windermere general counsel, legal process cheat and craven Jacobi yes-man, Paul Stephen Drayna (left), the nation's most shameless and unscrupulous corporate attorney?

In Cathedral City, California, home to former Windermere SoCal Bennion & Deville Fine Homes and its many transgressions, a topix.com contributor says WindermereWatch is a "Must Read Website," and posts a Windermere Fraud discussion. Join the discourse at http://www.topix.com/forum.

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SPECIAL SUPPlEMENT: THE LAWSUiTS OF FORMER WINDERMERE FRANCHISEE BENNION & DEVILLE, NOW DOING BUSINESS AT ALL OFFICE LOCATIONS AS BENNION DEVILLE HOMES INDEPENDENT BRAND

Windermere SoCal Coachella Valley, Brokers Thomas Angone and Joseph R. Deville, Sued for Fraud and Deceit, Failure to Disclose Material Facts

SUPERIOR COURT CALIFORNIA, RIVERSIDE COUNTY, PALM SPRINGS BRANCH—CASE NO. PSC 1405468

(Download The First Amended Complaint here.)

Windermere SoCal and Rancho Mirage Broker Thomas A. Angone, and Windermere SoCal Owner-Broker, Joseph R. Deville (at left, respectively); Bennion and Deville Fine Homes SoCal, Inc., dba Windermere Real Estate Southern California; dba Windermere Real Estate Coachella Valley; and Individuals Mark. B. and Janice L. Gordon, Terri Lynn Munselle, Sandra Ann Deering, Coldwell Banker Residential Brokerage Company, Peter E. Theophilos and Saxony Real Estate, Inc., Sued for Claims of Civil Code Violation, Failure to Disclose Material Facts, Breach of Fiduciary Duty, Constructive Fraud, Fraud, and Negligence, in First Amended Complaint Alleging:

"46. Prior to the close of tho Property transaction, Sellers, Sellers' Agents and DOES 1-20 became aware of the planned Clubhouse Expansion, but concealed the same from Plaintiffs with the intent to induce Plaintiffs to complete the purchase of the Property. Specifically, Plaintiffs are informed and believe and thereon allege that Sellers were personally advised of the planned Clubhouse Expansion by the developer of Andalusia at Coral Mountain (T.D. Desert Development) and/or by the common interest association that governs the Property sometime prior to the close of the Property transaction. Plaintiffs are informed and believe and thereon allege that Angone was previously employed by the developer of Andalusia at Coral Mountain (T.D. Desert Development) and was aware of the full build-out plans..." and;

48. The aforementioned conduct of Sellers, Sellers' Agents and DOES 1-20 was an intentional deceit or concealment of a material fact known to Sellers, Sellers' Agents..." (MORE)

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Windermere Charged with Financial Elder Abuse—AGAIN.

SUPERIOR COURT CALIFORNIA, PALM SPRINGS COURTHOUSE—CASE NO. PSC 1400430

(Download Complaint here.)

Windermere Real Estate Coachella Valley, Palm Desert, Portola Agent Faith Messenger (left), and Windermere Real Estate SoCal (Owners Bennion & Deville, left respectively) Sued for Breach of Fiduciary Duty, Fraud and Deceit, Negligence, Negligent Misrepresentation, Financial Elder Abuse, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress and Breach of Contract, in Complaint Alleging:

"It was also not until March 6, 2013, that Messenger first presented Dr. Glancz with the C.A.R. form entitled “Disclosure and Consent for Representation of More Than One Buyer or Seller” for Dr. Glancz’s signature. Thus, the first written disclosure of Messenger's dual agent status, representing both Dr. Glancz and the Buyer did not occur until long after the initial offers had been signed and exchanged and weeks after most of the negotiations, misrepresentations by Messenger and her failures to inform Dr. Glancz had all taken place." and;

"Dr. Glancz is informed and believes that the misrepresentations, concealments, and non-disclosures of Messenger and all other wrongful acts alleged in this complaint were carried out within the course and scope of her duty as an agent for Windermere. FURTHERMORE, WINDERMERE CONTRACTED DIRECTLY WITH DR. GLANCZ AND ASSIGNED MESSENGER TO WORK FOR DR. GLANCZ AND HAD A DUTY AND RESPONSIBILITY TO OVERSEE MESSENGER'S CONDUCT. As a consequence, Windermere is responsible for Messenger's conduct and is directly liable to Dr. Glancz not only for Windermere's failures, but for Messenger's failures and wrongful conduct under principles of agency and because Messenger's conduct is imputed to Windermere under the doctrine of respondeat superior," (emphasis added) and;

"Dr. Glancz is informed and believes and thereon alleges that Defendants’ conduct constituted oppression, fraud, and malice in the commission of financial abuse, and Dr. Glancz is entitled to recover damages for the sake of example and by way of punishing Defendants for financial elder abuse pursuant to California Welfare and Institutions Code section 15657.5 and California Civil Code section 3294." (MORE)

RECENT CASE UPDATES: Glancz Case Management Statement. Bennion & Deville Case Management Statement. 2/18/2015 UPDATE: Plaintiff’s counsel files Notice Of Settlement Of Entire Case, conditional upon satisfactory completion of specified terms.

The boilerplate ANSWER of Defendants Bennion & Deville Fine Homes, Inc. dba Windermere Real Estate Southern California and Faith Messenger to the Glancz Complaint does not directly address any of the Plaintiff's Causes of Action, but merely asserts twenty-six (26) Affirmative Defenses.

Read Another Windermere Elder Abuse Case Next:

WASHINGTON APPEALS COURT, DIVISION 1—NOS. 58439-9-I, 58531-2-I

WINDERMERE AGENTS' ABUSE, UNDUE INFLUENCE and EXPLOITATION OF A VULNERABLE ADULT AT WINDERMERE ATTORNEY JOHN DEMCO'S SOUTH WHIDBEY ISLAND FREELAND WINDERMERE FRANCHISE: 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 at left.) Court's Opinion Here

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COMPLETE CRIMINAL TRIAL COVERAGE of Bennion & Deville Fine Homes, Windermere Coachella Valley Agent Peggy Shambaugh, Charged in Parallel Criminal and Civil Cases. Windermere SoCal / Coachella Valley Owner Bob Deville Charged in Companion Civil Case; Windermere Services Charged with Unfair Trade Practices in Complaint Alleging it is an "Unlicensed Entity."

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE—CASE NO. RIC10006101

Federally Indicted Windermere Coachella Valley Indian Wells Agent Peggy Shambaugh, Windermere Coachella Valley and Owner Bob Deville, Charged by Spotlight 29 Casino Owner Indian Tribe with Breach of Conract, Breach of the Implied Covenant of Good Faith and Fair Dealing; Shambaugh, Deville, Windermere Coachella and Windermere Services, Charged with Breach of Fiduciary Duty, and Professional Negligence; Windermere Coachella, Bob Deville and Windermere Services Charged with Unfair Trade Practices in $30 Million-Plus Deal—Complaint Alleges Windermere Services is an Unlicensed Entity:

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 Stephen Drayna—WSBA# 26636.

MEMORANDUN OF POINTS & AUTHORITIES IN SUPPORT OF MOTION OF DEFENDANTS PEGGY SHAMBAUGH AND BENNION & DEVILLE FINE HOMES, INC. dba WINDERMERE REAL ESTATE COACHELLA VALLEY TO TRANSFER ACTION TO STAY PROCEEDINGS: "A grand jury and FBI investigation have been instituted to discover whether any criminal wrongdoing arose out of Plaintiff's allegations in this case."

Shambaugh, Bennion & Deville Fine Homes, Windermere Coachella Valley, Windermere Services Company and Joseph R. Deville, Settle Before Trial:

Notice of Ruing & Entry of Judgment—“PLEASE TAKE NOTICE that the Motion for Good Faith Determination filed by Moving Parties PEGGY SHAMBAUGH, BENNION & DEVILLE FINE HOMES, INC. dba WINDERMERE REAL ESTATE COACHELLA VALLEY, WINDERMERE REAL ESTATE SERVICES COMPANY and JOSEPH R DEVILLE ("SETTLING PARTIES") came on for hearing on January 14, 2013, at 9:00 a.m., in Department 07 of the above-reference court, located at 4050 Main Street, Riverside, California. Cheryl D. Davidson, Esq. appeared for SETTLING PARTIES. Gordon Bosserman, Esq (appearing telephonically) and Scott Spolin, Esq. appeared for Plaintiffs. Connie Anderson, Esq. appeared telephonically for David Alan Heslop and Diversification Resources. [¶] The Court, after considering the moving papers and the lack of opposition thereto, found that the proposed settlement was within the ball park of SETTLING PARTIES' proportionate share of liability and was reasonable and equitable pursuant to the terms of Tech-Bilt, Inc. vs. Woodward-Clyde and Associates (1989) 38 Cal.3d 488. The court found no evidence of collusion or conduct aimed to injure the interests of the non-settling parties. The Court granted the Motion for Good Faith Settlement…”

WINDERMERE TRIAL DELAY STRATEGY: MOTION OF DEFENDANTS PEGGY SHAMBAUGH, BENNION & DEVILLE FINE HOMES, INC. dba WINDERMERE REAL ESTATE COACHELLA VALLEY, WINDERMERE REAL ESTATE SERVICES COMPANY and JOSEPH R. DEVILLE TO STAY PROCEEDINGS, "This motion is made pursuant to the Court's authority to Stay civil proceedings where defendants are also the subject of criminal investigation and/or prosecution..." NOTICE OF RULING CASE UPDATE: "The Court exercises its discretion to grant the motion, and to stay the entire action until completion of the related criminal action. 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."

THE COMPANION CRIMINAL ACTION:

Federal Indictment No. CR12 00441:Windermere Coachella Valley Indian Wells, Bennion & Deville Fine Homes Agent Peggy Anne Shambaugh and Husband, Attorney Gary Edward Kovall (left), Indicted on Federal Bribery, Conspiracy and Money Laundering Charges in Palms Springs Region Spotlight 29 Casino Kickback Scheme. Also named are Paul Phillip Bardos and David Alan Heslop.

Filed April 2, 2014—Defendant Heslop's Memorandum Regarding Stipulated Facts: "...Shambaugh and/or Kovall produced the emails to the government after they offered to cooperate with the government. For purposes of the plea, Heslop stipulated to their consideration by the Court..." and; "...Kovall, Heslop, Bardos, and Shambaugh agreed that money earned by DR would be shared among Heslop, Bardos, and Kovall, with Shambaugh receiving Kovall’s share because Kovall wanted to keep his income secret." Heslop has reportedly accepted a deal pleading guilty to one count of Felony Conspiracy to Commit Bribery. Per the plea agreement, he faces a maximum sentence of five years in prison and a fine of $250,000, or twice the gross gain or loss from his offense, whichever is greatest. According to online court records, he will appear before Judge Michael W. Fitzgerald on June 30 for senetencing.

Stipulation Regarding Request for (1) Continuance of Trial Date and (2) Findings of Excludable Time Periods Pursuant to Speedy Trial Act fo Defendant Peggy Anne Shambaugh. Current Trial Date: 03-11-2014 [Proposed] Trial Date: 06-02-2014: “b. The government has requested that defendant be evaluated by the United States Pretrial Services Office (“PSO”) to determine her suitability for pretrial diversion. On March 5, 2014, the PSO advised the government that it would need approximately 60 days to complete defendant’s diversion paperwork for the Court.”

Pleading Out: Defendants Gary Kovall and Windermere Coachella Valley Indian Wells Agent Peggy Shambaugh to cooperate with the government: While the case is still pending against Shambaugh, Kovall agreed on Feb. 21 to plead guilty to felony conspiracy to commit bribery in exchange for the remaining counts against him being dropped. He also faces a maximum sentence of five years in prison, and will be sentenced on Sept. 29.

"6. On February 21, 2014, defendant Gary Edward Kovall pleaded guilty pursuant to a cooperation agreement. That same day, defendant Shambaugh represented that she wished to cooperate with the government, and intended to resolve her case prior to trial. In light of defendant Kovall and Shambaugh’s cooperation, defendant Heslop represents that he requires additional time to confer with counsel and prepare his defense.

Stipulation Regarding Request for Continuance of Trial Date and Findings of Excludable Time Periods Pursuant to Speedy Trial Act for Defendant Peggy Shambaugh: "...An eighteen month continuance of the trial date would allow the parties and the Court to know whether the defendant has complied with pretrial diversion. If she does, the government will dIsmiss the indictment against her." Order Continuing Trial Date: Current Trial Date: 06-02-2014; [Proposed] Trial Date: 12-02-2015.

7. In light of the foregoing, counsel for defendants need additional time to confer with defendants, conduct and complete an independent investigation of the new information obtained in the case, conduct and complete additional legal research including for potential pre-trial motions, review the new discovery and potential evidence in the case, and prepare for trial in the event that a pretrial resolution does not occur." Download the complete Order here.

Order Denying Motion to Dismiss Filed by Defendant David Alan Heslop [160] and Joinders Filed by Gary Edward Kovall and Peggy Anne Shambaugh [165, 169]—Accordingly, the Motion is DENIED in its entirety. Court Order Re: Motions In Limine—DENIED and GRANTED IN PART

LAST MOMENT MANEUVERS, MARCH 10, 2014: Windermere Agent Peggy Shambaugh Criminal Minutes—Status Conference: "Case is called and counsel state their appearance. The Court hears from counsel regarding the status of the case. A continuance of trial is requested. The Court orders the parties to submit a formal stipulation in that regard. The Defendant agrees to the continuance of trial and waives her rights under the Speedy Trial Act."

Tthe Government's complete trial memorandum, alleging: "After initially agreeing to a price of approximately $29 million, Kovall learned that the seller was unwilling to pay commissions to the buyer's [Windermere] real estate agent (Shambaugh). Kovall convinced the Tribe to authorize Heslop to offer $31.7 million to purchase the property, which more than covered Shambaugh's commissions. At the time, Shambaugh had neither found the property (it was adjacent to the Tribe's land) nor negotiated its price (Kovall had done so). Regardless, she ultimately received a commission of approximately $800,000 based on the transaction. Heslop signed the closing documents and, a few weeks later, received a check from Shambaugh's company (called AINA Concepts) for $10,000. The check indicated that it was for the "47 Acre Project."

The First Superseding Indictment in the case alleges: "... b. Defendant KOVALL attempted to have the seller pay a commission to Shambaugh's [Windermere Coachella Valley] real estate agency as the Tribe's purported real estate agent, despite the fact that, as KOVALL knew, Shambaugh and her agency had done little work to assist the Tribe in its purchase of the 47-acre parcel.

c. When the seller refused to pay the commission to the Tribe's purported agent, defendant KOVALL convinced the Tribe to authorize Heslop to increase Echo Holdings, LLC's offer for the 47-acre parcel for the purpose of paying a significant commission to Shambaugh through her [Windermere Coachella Valley] real estate agency.

d. On or about September 19, 2007, defendant KOVALL negotiated an option agreement for the Tribe to purchase the 47-acre parcel for $31.7 million, which called for Shambaugh and her [Windermere Coachella Valley] real estate agency to be paid a commission of several hundred thousand dollars from the amount of the purchase price paid by the Tribe..."

DOWNLOAD THE COMPLETE FIRST SUPERSEDING INDICTMENT HERE

UPDATE: Read the Hard-Hitting Brief Filed in Support of the Tribe’s Claim for Restitution of an Astonishing $22,399,689.92!!! — (DOWNLOAD THE FULL PDF BRIEF HERE)

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STEALING COMPETITOR STRATEGY: IS PROMOTION THEFT THE WINDERMERE REAL ESTATE MARKETING PLAN?

U.S. DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA—CASE NO. EDCV-01242 JGB (OPx)

Coldwell Banker Sues Windermere Services Southern California for Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, and Common Law Unfair Competition in Federal Complaint Alleging:

"23. On or about March 2013, Windermere's Counsel indicated that Windermere would take immediate steps to change the formatting of its WINDERMERE@HOME magazine to alleviate Coldwell. Banker's concerns of trade dress infringement. 24. As of the filing of this Complaint, Windermere has not taken any steps to change the formatting of its WINDERMERE@HOME magazine and continues to incorporate the VIEW Trade Dress in the WINDERMERE@H0ME magazine." DOWNLOAD THE COMPLAINT HERE 11/13/2013: Notice of Voluntary Dismissal without prejudice filed by Plaintiff Coldwell Banker Residential Brokerage Company.

Similar lawsuit from another Windermere competitor: U.S.DISTRICT COURT—NO. SACV10-01589 JVS (ex): JOSEPH R. DEVILLE, BOB BENNION, BENNION & DEVILLE FINE HOMES [WINDERMERE COACHELLA VALLEY], A&L PARTNERS, ANDREA MARQUEZ, SUED FOR TRADEMARK INFRINGEMENT

Similar lawsuit: U.S. DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE—CIVIL ACTION NO. 12-cv-271: WINDERMERE REAL ESTATE COMPANY AND SEATTLE-WEDGWOOD 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

Similar lawsuit: U.S. DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA—NO. CV-05401: WINDERMERE REAL ESTATE BAINBRIDGE ISLAND AND ASSOCIATE BROKER DEBBIE NITSCHE SUED FOR COPYRIGHT INFRINGEMENT, VIOLATION OF THE LANHAM ACT, AND UNFAIR COMPETITION.

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SUPERIOR COURT STATE OF CALIFORNIA, COUNTY OF RIVERSIDE—NO. INC 1205192

Windermere Real Estate [Coachella Valley], Broker Chris Anderson DRE #01400606 and Agent Tony Otten DRE #01400038 (at left, respectively), Sued for Comparative Indemnity and Apportionment of Fault; and Total Equitable Indemnity, in Capitis Southeby's International Realty Cross-Complaint Alleging "...Windermere, Mr. Anderson, and Mr. Otten owed a duty of honest dealing to Plaintiff..."

DOWNLOAD THE SECOND AMENDED COMPLAINT IN THE CASE HERE; DOWNLOAD THE COMPLETE CROSS-COMPLAINT HERE; DOWNLOAD THE CROSS-COMPLAINT OF BENNION & DEVILLE FINE HOMES, INC., dba WINDERMERE REAL ESTATE COACHELLA VALLEY, CHRIS ANDERSON and TONY OTTE HERE.

Second Amended Cross-Complaint alleges: "...Stephen LoCascio and Michael Russell lived together as legally married spouses... the escrow under which Mr. LoCascio would buy the Subject Property was supposed to close on or about June 26, 2012... The Addendums allowed the buyer, Mr. LoCascio to rent the Subject Property and to take possession of the Subject Property, under the Addendums, on April 5, 2012, as a tenant, three months before the close of escrow... the truth was that Mr. LoCascio and Mr. Russell had no place to live...

While in sole possession of the Subject Property, Mr. LoCascio and Mr. Russell committed waste, in that inter alia they ripped large holes in the walls and ceiling, took down a wall, removed all the landscaping, including mature trees, either urinated or allowed their two dogs to urinate throughout the house on the carpeting, changed and damaged electrical wiring, damaged wallpaper, damaged the ceiling and custom made drapery, damaged the plumbing system,, and otherwise committed acts of destruction and waste to the Subject Property, physically rendering the house uninhabitable, and substantially lowering the fair market value...

...Mr. Anderson was the real estate broker and Mr. Otten the real estate agent for Mr. LoCascio and Mr. Russell... Windermere, Mr. Anderson, and Mr. Otten breached the duties owed to Plaintiff when they failed to disclose to Plaintiff that LoCascio/Russell's property has been foreclosed upon and that they did not have the finances to purchase Plaintiff's home..."

12/03/2013 CASE UPDATE—WINDERMERE PARTIES’ DEMURRER TO SECOND AMENDED CROSS-COMPLAINT: "The Court will make a tentative ruling on the merits of this matter by 3:00 p.m. on the court day prior to the hearing. Tentative rulings will be available on the Internet. To view go to: http://www.riverside.courts.ca.gov and click on the tentative ruling link. The tentative ruling shall become the ruling of the Court unless, by 4:00 p.m. on the court day before the scheduled hearing, a party gives notice of intent to appear to all parties and the court. The notice of intent to appear must be given either in person or by telephone. Where notice of intent to appear has been properly given, or upon direction of the Court, oral argument will be permitted."

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SUPERIOR COURT OF CALIFORNIA, RIVERSIDE COUNTY—No. RIC 10019843:

CONSOLIDATED WITH CASE ABOVE

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

BENNION & DEVILLE FINE HOMES, DBA WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR CONSTRUCTIVE FRAUD AND OTHER CLAIMS, ALLEGING: "...10. As Plaintiff’s real estate broker, Windermere owed an affirmative obligation to Plaintiff to exercise the utmost care, integrity, honesty and loyalty to Plaintiff. Despite the recognition and acknowledgment of this relationship, Windermere never disclosed the fact that Heslop had a preexisting and ongoing financial arrangement with Windermere, through Shambaugh and her then boyfriend, now husband, Gary Kovall ("Kovall"), or the fact that the Tribe was paying substantially more than the market value for the Baseline Property..."

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RELATED CIVIL CASE: SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE—N0. 30-2009 00311045

The Complaint states, " ...the purchase price was raised to $31 million, apparently to compensate for the reduction in the percentage of the commission to Windermere and Shambaugh."

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."

TRIAL BRIEF: "...To close the transaction, the Tribe used Peggy Shambaugh as its real estate broker who, through her employer Windermere Real Estate, received a little under $1 million as a commission for the sale..."

CASE UPDATES: Following his federal indictment on bribery and conspiracy charges, the Court granted a stay of this civil action against Defendant Gary Kovall, based on his assertion of his Fifth Amendment right against self-incrimination. Defendants Robert A. Rosette, Rosette & Associates PC, and Nada L. Edwards, have settled with the Plaintiffs. CASE FOCUS IN-DEPTH: COURT ORDERS PRODUCTION OF RECORDS FROM BANK OF AMERICA REGARDING GARY E. KOVALL AND [WINDERMERE REALTOR] PEGGY SHAMBAUGH—GET THE UNSUCCESSFUL "OPPOSITION TO MOTION TO ENFORCE BUSINESS RECORDS SUBPOENAS" HERE.

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CALIFORNIA SUPERIOR COURT, RIVERSIDE COUNTY, INDIO BRANCH—CASE N0: INC 10005449

Windermere Real Estate Services Company, Windermere Coachella Valley Agent Charles Stewart Smith (left), 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.

Windermere Coachella agent Charles Stewart Smith says on his Windermere web page that he has "... a track record of proven sales and outstanding client service results."

Charles Stewart Smith review from the WindermereWatch e-mailbag: "...This guy is trouble. I interviewed him to sell my home. I researched his background after we met. I did not hire him. I learned that he does not use his real name Charles Smith. And the guy and his real estate partner Patrick Jordan were in foreclosure and did not notify the DRE. It turns out that there is a reason agents can't use nick names with out notifying clients. You don't find much under Stewart Smith."

Request For Dismissal filed 10/22/2012—Jury trial scheduled 11/19/2012 vacated.

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CALIFORNIA SUPERIOR COURT OF, RIVERSIDE COUNTY—CASE N0: INC 1203722

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." CASE UPDATE: Request for Dismissal 10/30/2012.

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U.S. DISTRICT COURT NO. SACV10-01589 JVS (ex)

A&L Partners, Andrea Marquez, Joseph R. Deville, Bob Bennion, Bennion & Deville Fine Homes, Sued for Trademark Infringement. —Dismissal 01/09/2012: "The parties having agreed to the terms set forth in the Stipulation for Dismissal..."

A&L Partners/Andrea Marquez/Windermere Preferred Living, Brea, California, has gone out of business. Marquez and Windermere Brea had falsely claimed to be Windermere "Preferred Properties^TM" in a predatory website takedown letter, while simultaneously being sued by local competitor Tarbel for using the "Preferred Properties" phrase.

FINAL REPORT ON DETERMINATION OF ACTION REGARDING TRADEMARK.

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SUPERIOR COURT OF CALIFORNIA, RIVERSIDE COUNTY, INDIO—CASE NO. INC 1204647

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.

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE: NOTICE OF ENTRY OF JUDGMENT—N0. INS1201085

"We are still experiencing cash flow issues...." —Windermere Controller Marie D. Wooten

Judgment Against Bennion & Deviile 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 ..."

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.

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SUPERIOR COURT CALIFORNIA, RIVERSIDE COUNTY, PALM SPRINGS—CASE NO. PSC 1403783

(Download the full Complaint here.)

Windermere Agent John Piro (left), Windermere Real Estate SoCal and Franchisor Windermere Real Estate Services Company, Individuals Cesare and Marzia Mannini Rossi, Sued for Nondisclosure of Material Facts, Negligent Misrepresentation, Concealment and Deceit, Suppression of Material Fact; Rossis Additionally Sued for Breach of Contract, in Complaint Alleging:

"...All Defendants knew that the garage-to-dining room conversion was not permitted," and "...All Defendants knew that the house was located in Palm Springs, where Palm Springs Municipal Building Codes apply. Section 93.06.00(29)(a) of the Zoning Code states that single family residences in the City of Palm Springs must have two (2) covered parking spaces. Defendants were aware that the home, having no covered parking spaces, was non-compliant."

BENNION & DEVILLE FINE HOMES, INC. DBA WINDERMERE REAL ESTATE SOUTHERN CALIFORNIA AND JOHN PIRO'S CROSS-COMPLAINT FOR EQUITABLE INDEMNITY, CONTRIBUTION, APPORTIONMENT OF FAULT AND DECLARATORY RELIEF: FIRST CAUSE OF ACTION (Indemnity Against all Cross-Defendants); SECOND CAUSE OF ACTION (Equitable Contribution Against All Cross-Defendants); THIRD CAUSE OF ACTION (Apportionment of Fault Against all Cross-Defendants); FOURTH CAUSE OF ACTION (Declaratory Relief Against All Cross-Defendants)

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SUPERIOR COURT CALIFORNIA, RIVERSIDE COUNTY, INDIO—CASE NO. INS1401100: Small claims action names Windermere Real Estate Services Company and Windermere agent George Colombotos (left) as Defendants, and alleges, “Real estate agent Colombotos sabatoged [sic] the sale of my home by picketing and verbally disuading potential buyers at a real estate open house.” DOWNLOAD THE FULL SMALL CLAIMS COMPLAINT HERE

A customer of Andrea Turnage (left) from the now-defunct Windermere Real Estate, Indian Wells, California, says: "One of the worst experiences in real estate I've ever had..." and "...extremely unprofessional and unethical..."

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WINDERMERE SUED FOR UNFAIR TRADE PRACTICES

DEFENDANTS' MOTION TO STAY PROCEEDINGS: "...Moving Parties [Peggy Shambaugh, Bennion & Deville Fine Homes, dba Windermere Real Estate Coachella Valley] Are Under Investigation by The Federal Bureau of Investigation And the United States Attorney As To The Allegations In Plaintiffs' Complaint... The United States Attorney has also indicated [an] indictment is under consideration."

CASE MANAGEMENT UPDATE: "The party or parties request that 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."

Bennion & Deville Fine Homes, Windermere Real Estate Coachella Valley and Realtor Peggy Shambaugh, sued for Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, Breach of Fiduciary Duty and Professional Negligence in $30 million-plus deal. Windermere Services sued for Breach of Fiduciary Duty, Professional Negligence and Unfair Trade Practices. Complaint alleges Windermere Services is an "unlicensed entity." (At left) Joseph R. "Bob" Deville and Bob Bennion of Windermere Services Southern California and Bennion & Deville Fine Homes, Inc., Coachella Valley, California; and Peggy Shambaugh, Realtor at Windermere Real Estate Coachella Valley, Indian Wells office.

Defendants Respond with Twenty-Six Affirmative Defenses in the ANSWER OF PEGGY SHAMBAUGH, BENNION & DEVILLE FINE HOMES, INC., dba WINDERMERE REAL ESTATE COACHELLA VALLEY, WINDERMERE REAL ESTATE SERVICES COMPANY, and JOSEPH R. DEVILLE TO PLAINTIFFS' SECOND AMENDED COMPLAINT

ALLEGATIONS FROM THE COMPLAINT: "Windermere Coachella was and is licensed by the State of California as a real estate broker, doing business as a real estate broker and operating an unlawful franchise arrangement with defendant Windermere Real Estate Services Company ("Windermere Services") from which both Windermere Coachella and Windermere Services have unlawfully split over a million dollars in commissions from real estate transactions within the State of California."

"(d) Windermere Coachella's unlawfully sharing real estate commissions with Windermere Services, an unlicensed entity, on not only the Echo Trail property transaction but also, on information and belief, various other real estate transactions with consumers other than Plaintiffs throughout the State of California, all in violation of California law. 66. On information and belief, Windermere Coachella (and its owner, operator, manager and alter ego Deville) and Windermere Services engaged in the above-mentioned acts for the purpose of injuring Plaintiffs and other prospective purchasers of real property similarly situated. By virtue of the conduct alleged herein, there is a likelihood of actual and pernicious confusion and an unfair and inequitable advantage for any real estate broker employing the aforementioned business model or device, and based on the unlawful, unfair and fraudulent practices of these Defendants, a permanent injunction should issue to prevent these Defendants from engaging in such unlawful and fraudulent conduct and restitution should be ordered from these Defendants of all unlawful commissions derived from the real estate transactions involving Plaintiffs."

AND IN YET ANOTHER BENNION & DEVILLE CASE: Bennion & Deville Fine Homes, doing business as Windermere Real Estate Coachella Valley, sued for Breach of Contract, Breach of Fiduciary Duty, Constructive Fraud, Breach of the Implied Covenant of Good Faith and Fair Dealing, and Unfair Trade Practices: "...Plaintiff discovered that the Baseline Property's fair market value, at the time Plaintiff purchased it, was only $80,000, or $230,000 less than Plaintiff had paid for it, on the advice of Windermere."

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Why Windermere agents quit Windermere: Is a WIndermere desk worth it anymore?

SUPERIOR COURT OF CALIFORNIA, ORANGE COUNTY—No. 30-2013-00663429-CU-FR-CJC

Former Windermere agent sues Windermere Brea franchise owners James and Andrea Marquez, for Fraud, Conversion, and Negligence, seeking unpaid commissions owed of $22,938.75, in Complaint alleging: "Defendants instructed Plaintiff to commit perjury when he testified," and "...alleges that Defendants falsified a document signed by Seller..."

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...By the end of 20l3, virtually all of Windermere's competitors had incorporated information from Windermere Watch into their sales pitches to both agents and clients."

SINGLE LARGEST WINDERMERE FRANCHISEE DUMPS THE WINDERMERE BRAND:

Windermere SoCal / Bennnion & Deville Quit Windermere; 29 California Offices, 1,200+ Agents Become "bennion deville HOMES" Independent Brand

24 FORMER WINDERMERE CALIFORNIA OFFICES DROP THE WINDERMERE BRAND:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(22) Internet predator and former Windermere Preferred Living of Brea, California, has gone out of business.

(23) Former Windermere Signature Properties of downtown San Diego, California, has dropped the Windermere brand and is now operating as Pacific Sotheby's International Realty.

(24) Former Windermere Yucca Valley, CA, has dropped the Windermere brand and is now Realty Professionals.

FORMER WINDERMERE SIGNATURE PROPERTIES OF DOWNTOWN SAN DIEGO DROPS THE WINDERMERE BRAND AND BEGINS OPERATION WITH PACIFIC SOTHEBY'S INTERNATIONAL REALTY. Click to Sotheby's official press release here.

Former Windermere Yucca Valley, CA, has dropped the Windermere brand and is now Realty Professionals. Windermere Redmond SCA has closed and become Windermere Redmond East. Ex-SCA owner Craig Shriner is now billed as an "Independent Real Estate Professional" on Linkedin.

4 Realty Partners Offices in Oregon and 1 in Washington Drop the Windermere Brand: Better Homes and Gardens Real Estate Adds Former Windermere Realty Partners to its Franchise Network

"PARSIPPANY, N.J. 12-14-2010 — Better Homes and Gardens Real Estate LLC today announced that Clackamas-based Realty Partners, Inc., has joined its franchise network, adding a brand presence in the state of Oregon. The brokerage will now operate as Better Homes and Gardens Real Estate Realty Partners, serving the Portland metropolitan area and surrounding communities, including Canby, Molalla and Vancouver, Washington. The company's co-owners, John Tate and Eric Post, bring a partnership-oriented culture and 100 sales associates across five offices to the Better Homes and Gardens® Real Estate network.

"Eric and John founded their business on perhaps one of the best mission statements I have ever read," recalls Sherry Chris, president and CEO of Better Homes and Gardens Real Estate LLC. "It simply says; Serve our clients with distinction, grow our businesses with passion and live our lives with balance." "When you begin with that foundation, you are well on your way to epitomizing the 'next generation broker' who leverages the best social and digital media tools to have a dialogue with employees and clients alike."

"By affiliating with Better Homes and Gardens® Real Estate, we're taking the next logical step in communicating to our clients that we are committed to being a complete lifestyle service provider," said Tate. "Our agents and clients are more informed and tech-savvy than ever before. The incredible tools and support provided by Better Homes and Gardens Real Estate will help us to better anticipate the agents' needs and to continue raising the bar for service in our industry."

"This is much more than a name change," said Post. "It's a declaration of our commitment to customer service. This affiliation reinforces our dedication to delivering what consumers need right now – a trusted, loyal advisor who has the ability to change with the market and technology tides. "From a corporate standpoint, our goal to create a supportive, successful, collaborative and focused organization can be fully realized with our partnership with Better Homes and Gardens Real Estate."

Established in 2005 Realty Partners' past achievements include being named one of Oregon's "100 Best Companies to Work For" by Oregon Business magazine with high scores for benefits, attraction and retention; work environment; charity/community work; collaboration, trust and openness; rewards and, incentives; and career development.

Realty Partners takes its corporate responsibility very seriously and has been commended for its citizenship efforts and active involvement with numerous community and charitable organizations, including: Parrott Creek Child and Family Services, Habitat for Humanity, Oregon Food Bank, North Clackamas School District, The Canby Center, and the Molalla Buckeroo Association.

For more information on the Better Homes and Gardens Real Estate Realty Partners, please visit BHGRealtyPartners.com."

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SUPERIOR COURT WASHINGTON, SPOKANE COUNTY—Cause No. 15203564-3

DOWNLOAD THE COMPLETE COMPLAINT HERE

Windermere Agent Don Hay and, Sued for Breach of Fiduciary Duty and Statutory Washington Real Estate Law, in Complaint Alleging “...Hay's many failures as alleged above, including but not limited to, his failure to verify that the repairs were safely completed, his failure to provide the radon results or advise Plaintiffs to seek the expertise of another, breached the duty as a broker and a buyer's agent." and;

6.2 Defendant Hay, acting as an agent on behalf of Windermere Real Estate, owed Plaintiffs the non-waivable duty to exercise reasonable skill and care, to deal honestly and in good faith, and to disclose all existing material facts known by the broker or agent and not apparent or readily ascertainable to a party. RCW 18.86.030.

Pertinent Windermere Spokane Valley Sidebar:

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.

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INSTEAD OF ETHICS and PERFORMANCE, MORE PHONY, EMOTIONAL, AD PABLUM BS...

Windermere Highlights Empathetic Expertise in New "Your Story Is Our Story" Ad Campaign...

AN SEO REALITY: Whenever Windermere promotes itself, it promotes WindermereWatch.com.

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SUPERIOR COURT OF WASHINGTON, KING COUNTY—NO. 15-2-17975-6 KNT
(Download the Complaint here.)

James & Tyra Wong; Windermere Agent Lisa Lam (left) & Gordon Lam; Windermere Broker Marcie Maxwell (2nd from left); Windermere Renton (Owner Jason Moore, left) Sued for Allegations of Fraud & Deception, Fraudulent Concealment, Breach of Fiduciary Duty, Negligent Misrepresentation, Breach of Contract, and Violation of the Consumer Protection Act, in Home Flipper Construction Nondisclosure Case.

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SUPERIOR COURT STATE OF WASHINGTON, KITSAP COUNTY—NO. 15-2-00369-2

(Download the Complaint here.)

CASE UPDATE: 02/01/16 ORDER OF DISMISSAL – STIPULATED; “...each and every portion thereof has been fully settled...”

Windermere Bainbridge Island (owner Carter Dotson, left) and Agents Diane Sugden and Jan Johnson, Sued by Muscular Dystrophy Victim for Negligent Misrepresentation, Fraud, and Violation of the Consumer Protection Act, in Arsenic Contaminated Water Well Non-Disclosure Case, Alleging:

“For a number of years, Ms. Engle was well aware of the fact that the well and water on the Premises was contaminated with arsenic. Over the years, she took action to attempt to ameliorate the negative repercussions of the arsenic contaminated well and water. She installed an arsenic filter and had a significant amount of work performed on the well to deal with the arsenic contamination.

Ms. Engle notified her real estate broker, Jan Johnson, of the arsenic issues prior to the Premises being sold. Ms. Engle shared with Ms. Johnson and Ms. Sugden her understanding of the arsenic problem at the Premises.

Neither Mrs. Engle, Mrs. Sugden, nor Ms. Johnson ever disclosed the arsenic problem...”

Shifting liability via Answer? Windermere agents become “independent contractors” and not Windermere employees when their franchise owner brokers get sued...

The Answer of Windermere Real Estate Bainbridge Island, Inc., Diane and John Doe Sugden, and Jan and John Doe Johnson, and Affirmative Defenses Thereto: “2.5 Admit with one correction; Ms. Sugden and Ms. Johnson are independent contractors affiliated and licensed with Windermere BI.” (Download the complete Answer here.)

Pertinent Sidebar: Another Windermere Bainbridge Island Case:

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA—NO. CV-05401: Windermere Real Estate Bainbridge Island and Associate Broker Debbie Nitsche (left) Sued for Copyright Infringement, Violation of the Lanham Act, and Unfair Competition.

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Windermere Bonney Lake - Lake Tapps franchise owner, Tom Tollen, twice builds allegedly defective multi-home developments, then sells the homes to unsuspecting buyers who are forced to sue:

CASE #1: SUPERIOR COURT OF WASHINGTON, FOR PIERCE COUNTY—CASE NO. 14-2-08793-0

(Download the Complaint here)

(Download the Motion to Compel Discovery here)

Valley Haven Home Owners file MOTION TO COMPEL DISCOVERY from Windermere Auburn-Lakeland Hills, Bonney Lake, Lake Tapps Owner Tom Tollen, and his Highmark Homes brand, in construction defects case. Plaintiffs want Tollen/Highmark to identify “...each home that has an associated "Warranty of Construction Completion" (a document Defendant Highmark signed on behalf of each purchaser who has an FHA insured loan)” and;

“As Highmark is aware, for every home where the mortgage is FHA insured (more than 17 of the 29) Highmark was presented with a one page FHA document it must sign. The document is entitled "Warranty of Construction Completion” and provides written assurances in the body of the document that the homes Highmark constructed are free from defective construction or materials," and;

“...it shouldn't take 8 or 6 months and it shouldn't take a Court Order to get Highmark to respond."

THE ORIGINAL COMPLAINT STATES: "37. Defendant Tom Tollen is a licensed Real Estate Agent. 38. Defendant Tom Tollen is a licensed Real Estate Broker. 39. Defendant Tom Tollen acted as Broker on behalf of Highmark for the purchase and / or the sale of the Valley Haven homes constructed by Defendant Highmark. 40. Defendant Tom Tollen acted as Broker on behalf of one or more named Plaintiffs pertaining to his/her or their purchase of a Highmark constructed home located within Valley Haven community development, located in Fife Washington."

An Affirmative Defense from the Highmark Answer: "...Any damages were caused by an unforseen act of nature that caused, prevented, or precluded the activities defined in RCW 4.16.300 from meeting the applicable building codes, regulations ot ordinances in effect at the commencement of construction." (Download the complete Highmark Homes, Tom Tollen Answer here) Partial Dismissal Case Update 9/9/2014: Parties stipulate to dismissal of plaintiff’s Breach of Washington Condominium Act claim.

CASE #2: SUPERIOR COURT OF WASHINGTON, SNOHOMISH COUNTY—CASE NO. 13-2-07751-3

(Download the First Amended Complaint here)

Lambert Creek Condominium Association, and 32 Lambert Creek Resident Homeowners, sue Windermere Auburn-Lakeland Hills, Bonney Lake, Lake Tapps Owner Tom Tollen, and his Highmark Homes brand; SDE Holdings; First Savings Bank Northwest; plus other coporate entitities and individual defendants, for Breach of Warranty, Violation of the Washington Condominium Act, Breach of Fiduciary Duty, Misrepresentation, and Breach of Contract, in condo construction defects action alleging:

“Defendants were required to deliver to the Association copies of Certificates of Occupancies or the equivalent for each home constructed and sold. Defendants failed to provide the information and documentation identified herein and the Plaintiff is harmed thereby in an amount to be proven at time of trial,” and;

“Defendants violated their fiduciary duty, in part, by failing to ensure the construction of the homes complied with applicable standards, including ensuring each is in receipt of a Certificate of Occupancy or other indication the homes are adequately inspected and habitable prior to their occupancy.” JUMP TO THE FULL FIRST AMENDED COMPLAINT HERE

Visit Highmark Homes Victims’ Website:

KNOW BEFORE YOU BUY. Knowledge is power. But Windermere franchise owners Tom Tollen (Thomas Tollen) and Tiffinie Clark-Tollen, owners of Highmark Homes LLC, don’t want YOU to know how poorly this business is run. Visit highmarkcomplaints.com, a website created by current and former customers of Highmark Homes to help prospective home buyers make informed decisions. These customers purchased homes in Highmark’s developed communities around Puget Sound, WA: "Highmark Homes, LLC has a bad reputation. Don’t be a victim of fraudulent advertising. Before purchasing a new home from Highmark Homes LLC (based in Tukwila, WA), read the bad reviews, poor BBB ratings, and complaints from current and past customers.

A KING5.com investigation by Jesse Jones posted on 11/12/2013 in part states: "Tracy and Michelle were fighting separate battles. Michelle’s lender wanted to balk on her financing. Tracy was told she now needed flood insurance. How could this happen? In the sellers disclosure statement, Highmark Homes answered “don’t know” to all environmental questions including flooding, fill dirt and wetlands. The City of Fife said that’s not the case.

“We did discuss it with the developer and the builder on the property. The records, the FEMA maps, are record and we actually conduct predevelopment meetings,” said Blount.

Highmark did ask FEMA for a map revision in March, months after Michelle and Tracy made their offers. In an email, FEMA told me the request was denied because Highmark did not follow the required process which left Michelle and Tracy on the hook."

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MORE WINDERMERE AUBURN-LAKELAND HILLS-BONNEY LAKE-LAKE TAPPS / TOLLEN CASES:

SUPERIOR COURT, STATE OF WASHINGTON, FOR THE COUNTY OF PIERCE—CASE NO. 08-2-13824-6

Female employee sues Windermere for Hostile Work Environment...

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.

...Windermere franchise owner tells her, "We don't date, you don't have a job!"

Complaint alleges Windermere Auburn and Lake Tapps owner, Thomas Tollen, told employee: "You're nothing without me! We don't date, you don't have a job! ... 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! You're nothing without me! You won't have a job!'

And in a related action: 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.

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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

Filed 05/06/2013 in King County Superior Court, NO. 13-2-17004-3 SEA: Highmark Homes and Tom Tollen sued for Breach of Contract, Specific Performance, Conversion and Restitution of Money. Filed 07/03/2013 in King County Superior Court, NO. 13-2-24916-2 SEA: Highmark Homes sued in Complaint for Money Due and to Enforce Claim Against Contractor's Assignment of Savings Account. SETTLEMENT: "Defendant has settled Plaintiff's claims..." Motion and Declaration for Order Granting Voluntary Non-Suit. 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.

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. Filed 05/06/2013 in King County Superior Court, NO. 13-2-17004-3 SEA: Highmark Homes and Tom Tollen sued for Breach of Contract, Specific Performance, Conversion and Restitution of Money. Filed 07/03/2013 in King County Superior Court, NO. 13-2-24916-2 SEA: Highmark Homes sued in Complaint for Money Due and to Enforce Claim Against Contractor's Assignment of Savings Account. Click to Windermere Bonney Lake-Lake Tapps lawsuits here; SETTLEMENT: "Defendant has settled Plaintiff's claims..." Motion and Declaration for Order Granting Voluntary Non-Suit.

Windermere's Own Tenant-Landlord Principles:

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.

On business equipment leases:

CalNeva Partners, Inc, dba Windermere Real Estate Northern Nevada, a Nevada corporation, sued for Breach of Master Lease Contract: “...As of August 8, 2006, the total amount due and owing under the Master Lease Schedules 1 & 2 is $131,212.36, excluding attorney’s fees and costs.”

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SUPERIOR COURT STATE OF WASHINGTON FOR THE COUNTY OF KING—CASE NO. 13-2-00452-6 KNT

COMPLAINT ALLEGES:

"In fact, the copy of the Repair Recommendations forwarded by Mr. Freed HAD BEEN MANIPULATED TO CONCEAL the portion of the repair recommendations which informed the Boyers that the drain field piping was collapsing and needed to be replaced." (Emphasis added.)

WINDERMERE BONNEY LAKE-LAKE TAPPS and OWNER / DESIGNATED BROKER KEN FREED (left), SUED FOR FRAUD, FRAUDULENT CONCEALMENT, BREACH OF FIDUCIARY DUTY, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, CPA VIOLATION and RESCISSION.

Update 7/25/13: PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT. Update 8/22/13: Plaintiffs' attorney files STIPULATION FOR AND ORDER OF DISIMISSAL OF FREEDS AND WINDERMERE LAKE TAPPS.

UPDATE 7/25/2013: Plaintiffs' Motion for Partial Summary Judgment as to Liability RE Plaintiffs' Claims Against Defendants Boyer for Fraudulent Concealment, Fraud and Breach of Contract. OTHER CASE UPDATES: MOTION TO COMPEL DEFENDANTS' BOYERS ANSWERS; Order Compelling Defendant Boyers' Answers 06/07/2013.

Related Case Report: WINDERMERE REAL ESTATE BONNEY LAKE-LAKE TAPPS OWNER SUED BY WINDERMERE EMPLOYEE FOR CONSTRUCTIVE DISCHARGE, HOSTILE WORK ENVIRONMENT, NEGLIGENCE, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CIVIL CONSPIRACY—THE COMPLAINT ALLEGES: "...She fell. While she was lying on the ground Tollen kicked her at least ten times, yelling, "You're a piece of shit!"

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“...the other buyer had higher potential to provide defendants with future business...”

SUPERIOR COURT OF WASHINGTON FOR KING COUNTY— Case No.: 15-2-01977-5 SEA
(Download the full Complaint here)

Windermere Capitol Hill Agents Dustin Van Wyck and Ian Porter (at left, respectively), and Windermere Capitol Hill (owner/broker Patrick Grimm, third from left) sued by SolTerra Cities for Negligent Misrepresentation, Intentional Misrepresentation, Violation of RWC 18.86.030, Consumer Protection Act Violations, and Interference with Business Expectancy, when after Solterra invested $18,450 in site development, feasibility, architectural plans, and building floor plans, Van Wyck and Porter allegedly “...advised plaintiff they were advising ID Investments, LLC to sell the Property to another buyer. The stated reason was that the other buyer had higher potential to provide defendants with future business than could be expected from plaintiff.”

Windermere Defendants' Answer and Affirmative Answer to Plaintiff's Complaint:

'... Deny that Dustin Van Wyck was at all material times "acting in the course and scope of his employment with Windermere Real Estate/Capitol Hill". and, "...Deny that Ian Porter was at all material times "acting in the course and scope of his employment with Windermere Real Estate/Capitol Hill".'

FOLLOW THE CASE DOCS ON DEMAND:

1/23/2015, Initial Complaint filed

2/2/2015, Demco's Lars E. Neste and Jennifer L. Johnson appear for Dustin Van Wyck, Ian Porter & Windermere Capitol Hill

7/9/2015, Defendants' Answer and Affirmative Defenses to Plaintiff's Complaint

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Visit Defrauded Homebuyers' Website about Windermere Franchise Owner's Defective Highmark Homes.

WINDERMERE OWNER DEMANDS AGENTS PAY EVEN WHEN THEY SELL NO HOMES...

"It's time for the MLS grievance committee to take action and stop her from stealing commissions from agents."

Current John L. Scott managing broker and former agent at Windermere Real Estate North in Lynnwood says owner Lena Maul (left) “...cheats her agents out of commissions...” and "...breaks all the rules. If an agent leaves her office, she escalates the threshold amount and expects the agent to write her a check for the balance. That's even if they haven't earned enough commissions to pay it.”

I have been a real estate agent for over 35 years. In May of 2013, my daughter came into the business. We were to work together as a team and eventually she would take over my business. Since moving to the Pacific Northwest in 2005 I had worked at a John L. Scott office.

Lena Maul of Windermere Real Estate North, in Lynnwood, WA, spent months trying to hire me away from the John L. Scott office. When she learned I had brought my daughter into the business, she gave us a song and dance promise that she could help us build a successful team. We moved to her Windermere office in November, 2013. Nothing she told us was true. We got no special assistance for team building, and, in fact, the opposite was true. The working conditions and lack of support were so bad, my daughter checked out completely. By June, 2014, I announced to Lena Maul that we were disappointed and would be leaving her office. We returned to my original John L. Scott office immediately. Our total time at her office was 7 months. Those were the worse 7 months of my real estate career.

My main complaint is that Lena Maul, as a franchise owner, cheats her agents out of commissions. All agencies have their agents sign a contract that they will pay a portion of their commissions back to the agency. The threshold amounts vary, and the payments usually run at 50-50 until the threshold is met. Once the threshold amount is met, the agent then gets 100% of the commissions, less incidental charges by the office.

Lena Maul breaks all the rules. If an agent leaves her office, she escalates the threshold amount and expects the agent to write her a check for the balance. That's even if they haven't earned enough commissions to pay it. She ignores the contract provision of 50-50 commission split, and demands a balloon payment of the difference between the threshold amount and the amount earned and paid to date. No other broker in the industry does that. This is totally unethical and she has burned many bridges with agents in our real estate community. Since I left the Windermere office (now 6 months ago), there have been 4 other agents call me who experienced the same unethical practices with Lena Maul. We have banded together and hired an attorney who supports our quest to get the commissions from her that we earned.

"New agents, who do not yet have a book of business, are particularly at risk"...

Agents beware! The charming Lena Maul will tell you anything to get you in the door. But cross her by leaving, and the claws come out. It's time for the MLS grievance committee to take action and stop her from stealing commissions from agents. New agents, who do not yet have a book of business, are particularly at risk. The threshold amount for a new agent would be $25,500, but if they leave or have to quit and haven't sold any houses, she would come after them for the full $25,500. Again, her contracts do not support that action according to our attorney. It's her greed and anger that runs that engine.

She also promotes to the community that she donates to many charitable institutions. She does not. She mandates withdrawals from each agent's commission checks to make those contributions. They do not come from her but she wants the community and organizations to believe otherwise.

Lonnadeen Bullock

Managing Broker

John L. Scott

RELEVANT SIDEBARS—Former Windermere Personnel Sue Windermere:

IN THE COURT OF APPEALS, STATE OF WASHINGTON DIVISION 1—No. 65159-5: Windermere’s legal strategy of costly, interminable, vexatious litigation drives a dispute over a $16,800 agent commission to a judgment of $186,195.41, in favor of the agent: "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."

SUPERIOR COURT OF CALIFORNIA, ORANGE COUNTY—No. 30-2013-00663429-CU-FR-CJC: Former Windermere agent sues Windermere owners James and Andrea Marquez for Fraud, Conversion, and Negligence, seeking unpaid commissions owed of $22,938.75, in Complaint alleging: “Defendants instructed Plaintiff to commit perjury when he testified," and "...alleges that Defendants falsified a document signed by Seller..."

SUPERIOR COURT, WASHINGTON STATE, COUNTY OF PIERCE—Case No. 12-2-15705-2: Homestreet Bank Countersued for Violation of Fiduciary Duties in Crossclaims Alleging Improper Kickbacks and Conspiracy to Commit Bribery with Third Party Defendant Windermere Mortgage Services Company: "WSC [franchiser Windermere Services Company] 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."

WINDERMERE'S SALES ASSOCIATE and COMMISSION AGREEMENT: Read the Windermere “2008 Broker/Sales Associate Agreement and Addendum A, Windermere Commission Agreement – Fee Office” revealed in case evidence, listing MANDATORY AGENT CONTRIBUTiON TO THE WINDERMERE FOUNDATION.

"...our commission issues with Lena have been resolved. The fact that she has listened to our protests and corrected the injustice speaks volumes."

From the WindermereWatch E-Mailbag:

RENTAL CLIENT WONDERS IF FREQUENT INSURANCE FRAUD IS A WINDERMERE PROPERTY MANAGEMENT PROFiT CENTER: "...But afterward I was suspicious as we were told we left gum wrappers and refuse in the hot tub causing a need for a major clean out. I know we didn’t but they used the mandatory insurance to file a claim. I wondered if, possibly, they do this a lot and if it’s fraudulent." ... "The house itself was absolutely beautiful as was the island but dealing with Windermere was NOT beautiful at all and we would never deal with them again."

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ABOUT WINDERMERE FEDERAL WAY/TACOMA/GIG HARBOR AGENT JOHN SIRIDAKIS: Click here to WA Superior Court Pierce County Case No. 09-2-08369-5, alleging: "Defendant John Siridakis and his principal knew that the square footage would not support subdivision, but again failed to advise Plaintiff of the true significance of the actual square footage of the property as it related to potential subdivision."

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Aaron Shriner Seattle Real Estate Review: Former Owner / Managing Broker of the now-defunct Windermere Real Estate SCA Redmond, Aaron Shriner, has become a Seattle Realogics Sotheby's International Realty Agent! Astute realty service consumers have the right to know Mr. Shriner's Windermere history before enlisting his services at Sotheby's:

CASE #1: Windermere SCA Redmond was proud home to certified Windermere swindler, Paul Stickney, officially adjudged by Washington courts (Click to the Court's Opinion here) as having a conflict of interest and failing to disclose it to his Windermere SCA clients. Download the $1,030,627.00 judgment against Windermere Real Estate SCA and Paul Stickney here.

CASE #2: Windermere Chairman John W. Jacobi's Washington Loan Company, Windermere Real Estate SCA Redmond and agent Christopher Judd, sued for Intentional Misrepresentation and other claims in alleged "...unlawful scheme to enrich themselves at the expense of plaintiffs and others..." Click to the full Complaint in the case here. (Shriner and Stickney above left, respectively.)

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Windermere City Group maintaining "...the highest ethical standards..."

Despite Two Washington State Criminal Counts for First Degree Theft in Realty Transactions, Windermere Spokane City Group (owner Joe Garst, left) Employed Accused Agent Ryan S. Bishop (2nd from left), and Exposed Unsuspecting Realty Service Consumers to Bishop's Predatory Ethics.

Shortly after John L. Scott, Spokane, terminated his employment for inappropriate conduct when his clients' transaction file was mysteriously not found by management, Spokane Realtor Ryan S. Bishop went to work the next three years at Windermere City Group, Spokane, and even continued working for Windermere City Group several months after Washington State officially charged Mr. Bishop with two counts of First Degree Theft in realty transactions.

Although the criminal charges were filed in Spokane Superior Court on October 1, 2012, records indicate that Bishop was still employed by Windermere City Group, Spokane, well into 2013... (MORE)

DOWNLOAD THE COMPLETE RYAN S. BISHOP SPOKANE SUPERIOR NO. 12103480-1 CHARGING INFORMATION HERE

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SUPERIOR COURT STATE OF WASHINGTON, KING COUNTY—NO. 13-2-36032-2 SEA

Windermere Real Estate East and Agent Employee Stephen C. Hender (left), Sued in Complaint Alleging Negligent Breach of Duty, Unauthorized Practice of Law, Violation of the Consumer Protection Act and Claim for Injunctive Relief, by Plaintiff Charging Irretrievable Loss of $100,000.00 Earnest Money Deposit to Steven D. Smith Construction of Redmond. MORE HERE

The Complaint alleges: "Plaintiffs' aforesaid irretrievable loss and legal forfeiture of Plaintiffs' aforesaid One Hundred Thousand ($100,000.00) Dollar earnest money deposit was proximately caused by Defendant Hender's aforesaid tortious conduct of practicing law in violation of RCW 2.48.170-190..." and "...Plaintiffs allege that the unauthorized practice of law tortious actions of Defendant Hender and related negligent supervision of Defendant Windermere East are of such nature that other consumers are likely to be harmed by the Defendants' joint and several ongoing and continued repetition of such unauthorized practice of law..."DOWNLOAD THE FULL COMPLAINT HERE . CASE UPDATES—Confirmation of Joinder: “Plaintiffs expect to serve all presently identified Defendants next month, after doing further investigation of the Plaintiffs’ claims.” 12/1/2014, Motion for Voluntary Dismissal Without Prejudice.

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II—NO. 35740-2-II

MORE INNOCENT AND UNSUSPECTING LIVES RUINED BY THE COST OF CHASING WINDERMERE CROOKS THROUGH THE COURTS: 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 parties. The Fritzes and Miller both opted to withhold their knowledge that the one-time 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. (At left, Lance Miller of Windermere Allen & Associates.)

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Check State Licensing Records Online to Learn the Business Ethics History of Local Windermere Franchisees and Personnel:

WINDERMERE'S HIGH ETHICAL STANDARDS: Current Windermere Real Estate Chino Hills King Realty Group Owner, Richard Michael King, had his 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.

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RE/MAX Files Registration Statement for Proposed Initial Public Offering: (Denver, CO) – RE/MAX, one of the world’s leading franchisors of real estate brokerage services, today announced that it has publicly filed a registration statement on Form S-1 with the U.S. Securities and Exchange Commission relating to a proposed initial public offering of its common stock. MORE HERE

Seattle-based Windermere Real Estate Enters Denver Market

Windermere Real Estate 5280 opens in Denver Tech Center

Denver, CO (Mar. 24, 2015) - Windermere Real Estate broadens its national footprint with the opening of a second Colorado office, Windermere Real Estate 5280. Based in the Denver Tech Center and spearheaded by Broker/Owner Michael Zak (left)... Zak has already hired two new agents, Meg Rice and Jackie Schultz, to join the existing team of himself, Crystal Boyer Lockhart and De Sharp.

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Christy Rice (left) of Windermere Property Management JMW Seattle Review: "Tenants and Owners Beware!! Christy Rice is extremely unprofessional. I would have rented from one of her listings, but I refuse to work with her. Christy is extremely arrogant, short, curt, rude, and fails to take responsibility for her negative interaction. Unfortunately, the owners she represents know nothing of how she is representing them; therefore, the owners don't realize the business they are losing..."

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SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE—No. 13201539-5

Complaint Alleges: "Durheim and Groves told Solerno not to inform the [buyer] Mitchells of this fact."

Husband and Wife Windermere Spokane Agents Greg Durheim and Carol Groves (left) and Windermere Manito Spokane (Joseph K. Nichols, Windermere Manito Owner, 2nd from left) Sued for Breach of Contract, Breach of Statutory Duties and Negligent Misrepresentation in Complaint Alleging that Durheim and Groves Told Co-Defendant "...not to inform..." Plaintiffs that Mortgage Lender Would Not Agree to Partial Release of Property.

"Sometime in the fall of 2011, Solerno told Durheim and Groves that his mortgage lender would not agree to a partial release of his property and that the closing on the Solerno property could not happen. Durheim and Groves told Solerno not to inform the Mitchells of this fact." DOWNLOAD A COMPLETE COPY OF THE COMPLAINT HERE

Motion for default of defendants Windermere and Groves: " ...More than twenty (20) days have expired since service of process, and Defendants have failed to file or serve an Answer to Plaintiff's Complaint, and are now wholly in default... He told me that an Answer would be filed no later that May 29, 2013. May 29, 2013 has come and gone without any Answer having been filed or served."

Defendants Windermere and Groves finally file an Answer on June 14, 2013: "...Windermere admits contacting Solernos at Plaintiff's request, to seek Solerno's participation in a boundary line adjustment but denies that the adjustment was to operate a commercial dog kennel."

RECENT CASE UPDATES: 5/15/2014, Motion for Summary Judgment by Defendants Durheim, Groves and Windermere Manito. 6/25/2014, Order Denying Defendants' Motion for Summary Judgment. 6/23/2014, Defendant Paul Salerno's (Pro Se) Anser to Complaint and Counterclaim.

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WINDERMERE'S UNLAWFUL SALES OF LOW-GRADE SECURITIES:

SUPERIOR COURT OF WASHINGTON, COUNTY OF KING—CASE NO. 10-2-30838-5 SEA

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

(Above 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: "19. Windermere and Larson were “control persons” of Johnson under the WSSA with respect to Simmons’ SCI investment, pursuant to RCW 21.20.430 and common law... 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

Case Updates: MOTION REGARDING PRETRIAL MATTERS: Windermere Northwest argues that the Court should not allow expert testimony interpreting the Securities Act: "The Court Should Exclude Witnesses from the Department of Financial Institutions." Parties stipulate to trial on June 4, 2012. Notice of Settlement dated 6/1/2012 filed on 6/5/2012.

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IN THE SUPREME COURT OF THE STATE OF MONTANA—2012 MT 144A

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."

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HOMESTREET BANK REVIEW • WINDERMERE MORTGAGE SERVICES SERIES LLC REVIEW

The whole unsavory Windermere / Demco Law Firm / Homestreet Bank mess is required reading for the US Attorney, every citizen at large, and all Windermere personnel...

SUPERIOR COURT, WASHINGTON STATE, COUNTY OF PIERCE—Case No. 12-2-15705-2

Case Update 8/15/2014: Parties Fail to Appear; Court Orders Dismissal

Homestreet Bank Countersued for Violation of Fiduciary Duties in Crossclaims Alleging Improper Kickbacks and Conspiracy to Commit Bribery with Third Party Defendant Windermere Mortgage Services Company.

Allegation states Homestreet's Exec VP Residential Lending Director, Richard Bennion "...overstepped his role as managing board member and assumed the role of the lender," and "...Mr. Bennion exerted substantial pressure through Windermere Mortgage Services..."

Allegations against Homestreet Bank, Windermere Real Estate Services Company, Windermere Real Estate South, and Windermere Mortgage Services Series, LLC., all named as Cross-Claim Defendants:

REALTY PREDATOR and WINDERMERE CHAIRMAN (left) JOHN W. JACOBI'S VOLUMINOUS and HORRIFIC LEGACY OF GREED, LOSS, DISTRESS and FINANCIAL RUIN FOR WASHINGTON STATE HOMEBUYERS: "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. Demco was notified that Ms. Feeley was in fear of her life, and that any signature would be inder duress...""

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.)

DOWNLOAD JOYCE M. FEELEY'S ANSWER, COUNTER-CLAIMS and CROSS-CLAIMS HERE

8/15/2014, Court's Order of Dismissal without Predjudice

MANY WINDERMERE OFFICES OPERATE SEPARATE WINDERMERE MORTGAGE BROKER BUSINESSES. PROTECT YOUR LIFE AND ASSETS BY REFUSING TO DO BUSINESS WITH ANY BANK, LENDER OR FINANCIAL INSTITUTION WHO UNDERWRITES WINDERMERE REAL ESTATE'S MORTGAGE SERVICES.

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KING COUNTY SUPERIOR COURT NO. 13-2-18255-6 KNT:

Windermere Real Estate Maple Valley's Petition for Determination of Fair Value of Shares of Dissenting Shareholder--RCW 23B.13.300, "... Its shareholders are Rich Menti, Jim Nelsen, Rick Menti, Michael Ratcliffe, and John Jacobi."

"10. At the conclusion of the October 31, 2012 shareholder meeting, all present shareholders, including proxy votes, voted in favor of a motion to approve the sale of substantially all assets of the Company through the asset sale and consulting arrangement with Davies Management Inc. as provided in the purchase and sale documents and consulting agreement, the sale and redemption of CW Title shares and redemption of Windermere Mortgage series for approximately $50,000, and to authorize completion and execution of the purchase and sale documents, consulting agreement, sale and redemption of CW Title shares and redemption of Windermere Title series. The shareholders who voted to authorize the execution of the APSA and sale of substantially all of the Company's assets held in excess of 78% of the then outstanding shares."

SIMILAR NOTABLE CASE—SUPERIOR COURT STATE OF WASHINGTON COUNTY OF KING—No. 09-2-46671-8 SEA:

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WINDERMERE HIMLIE SHELTON REVIEW

SUPREME COURT OF THE STATE OF WASHINGTON EN BANC—No. 83660-4

"Because the duty to not commit fraud is independent of the contract, the independent duty doctrine permits a party to pursue a fraud claim regardless of whether a contract exists."

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."

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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."

"18. Namely, Windermere SoCal actively solicited Cross-Complainants' agents and managers and did, in fact, hire some of these individuals away from Cross-Complainants. This act is specifically prohibited by Windermere. These newly retained agents and managers were hired away to work at a Windermere franchise that is owned or operated by Windermere SoCal and which was located 1/2 of a block across the street from one of Cross-Complainants' Windermere franchises."

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Former Windermere Pacific Coast Properties of San Diego, California, Joins Sotheby's International Realty Network

"PARSIPPANY, N.J., 11-22-2010 — Sotheby's International Realty Affiliates LLC announced that Pacific Sotheby's International Realty in San Diego is the newest member of its luxury real estate network. The firm, owned by Brian Arrington, serves San Diego County.

“San Diego is an international community, both economically and from a lifestyle point of view,” said Philip White, president and chief operating officer, Sotheby’s International Realty Affiliates LLC. “Brian Arrington and his team of professionals truly understand this market, which is a critical one for the Sotheby’s International Realty brand, and we are proud to have them represent us here.”

Pacific Sotheby's International Realty has 160 agents located in four offices throughout San Diego.

“We strive to provide our clients with the highest level of customer service and feel our core values truly match that of the Sotheby’s International Realty brand,” said Arrington. “We understand that buying and selling a home is a major decision for our clients and that each person comes from a unique background with varying experiences and expectations. Our agents are extremely dynamic in their approach, and we look forward to the global reach this renowned brand offers us.”

The Sotheby’s International Realty® network currently has more than 11,000 sales associates located in approximately 500 offices in 42 countries and territories worldwide. Pacific Sotheby’s International Realty listings will be marketed on the sothebysrealty.com global website. In addition to the referral opportunities and widened exposure generated from this source, the firm’s brokers and clients will benefit from an association with the Sotheby’s auction house and worldwide Sotheby’s International Realty marketing programs."

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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."

"The trial court's award of reasonable attorney's fees and costs to Mr. Rodriguez was both appropriate and necessary pursuant to Washington law and its public policies. A finding otherwise would have validated a unilateral fees clause and resulted in the precise inequity the statute intends to remedy. This Court should disregard Windermere's attempt to truncate the relevant contractual language and misconstrue the law, and affirm the trial court's award of attorney's fees award to Mr. Rodriguez. Likewise, the trial court's award of prejudgment interest at 18%, as the parties had agreed was the reasonable rate of interest between them, was correct and should be affirmed."

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ANOTHER WINDERMERE FRANCHISE GONE: Prevaricating internet predator Windermere Preferred Living of Brea, California, goes out of business.

CW TITLE OF BELLEVUE REVIEW: "I'm still waiting to close on my property because of her lies."

Click to Windermere Oregon and Windermere Real Estate Central Oregon Lawsuit Case Summaries here.

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Important Washington Real Estate Cases:

SVENDSEN v STOCK: Washington Consumer Protection Act Applies to Real Estate Broker

LUNSFORD v FRALEY: "DUAL AGENCY IS PERILOUS" says Court. "...Windermere did not advise the Lunsfords that it would present the Thomas offer

CHRISP v. GOLL Earnest Money Forfeiture, Court rules "...plain language of RCW 64.04.005 does not allow substantial compliance..."

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WINDERMERE FRANCHISE OWNERS' BANKRUPTCY and TAX WARRANTS; MISCELLANEOUS WINDERMERE LEGAL, CREDITOR and 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.

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 FEDERAL WAY REVIEW

U.S. DISTRICT COURT, WESTERN DISTRICT OF WASHINGTON AT SEATTLE—NO. C07-1808 JCC
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…" (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.

SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF KING —CASE NO. 08-2-30394-2

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..." Notice of Settlement filed May 12, 2011.

SUPERIOR COURT STATE OF WASHINGTON, COUNTY OF PIERCE No. 09-2-08369-5

Tacoma, Gig Harbor, Federal Way Agent John Siridakis, Sued for Misrepresentation and Violation of RCW 18.86.030(1)(a)(b)(d).

The Complaint in part alleges: "...Defendant John Siridakis knew prior to closing that the City of University Place would not allow the property to be subdivided into additional building lots and knew that Plaintiff were [sic] making the purchase with the express understanding that such subdivision would be allowed..."

From the WindermereWatch e-mailbag: Selling a home the Windermere Way, through bullying female clients with threats, harassment and intimidation...

Windermere Tacoma, Gig Harbor, Federal Way West Campus Agent John Siridakis Review: "Trying to get me and my two young (age 6&7) "kicked out" of our house..."

"This is my third experience with four Windermere agents, three in Gig Harbor and one in Tacoma. These people truly have zero professionalism and worse than that, feel they are entitled to treat their clients as if we work for them not the other way around."

John Siridakis of Tacoma, Gig Harbor, and Windermere Federal Way West Campus, emails HIS OWN CLIENT, HIS OWN CLIENT'S LAWYER, AND HER EX-HUSBAND'S LAWYER to demand "...It is now VERY OBVIOUS that Mrs Seller feels as if she is going to not only Run the ship but steer it as well!..." and "...She needs to be removed from the property via the courts..."

Windermere Federal Way West Campus Lawsuits:

U.S. DISTRICT COURT, WESTERN DISTRICT OF WASHINGTON AT SEATTLE, NO. C07-1808 JCC—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.

SUPERIOR COURT STATE OF WASHINGTON, COUNTY OF KING, CASE NO. 08-2-30394-2—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.

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.

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WINDERMERE AFFILIATED BUSINESS LAWSUITS & LITIGATION

U.S. DISTRICT COURT, NORTHERN ALABAMA SOUTHERN DIVISION, CIVIL ACTION NO. CV-09-1009-UNAS-IPJ

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

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SHOULD CONSUMERS TRUST ORANGE COAST TITLE?

"He is currently an active board member of Orange Coast Title..." The Bob Deville (left) Windermere web page states: "Bob Deville has worked in real estate since 1971. He first affiliated with Windermere in 1991 and has also worked with the Dover Group where he was among the company`s top one percent of all producers. He holds maintains Broker Real Estate Licenses in both California and Washington state. He also owned and managed a residential real estate investment company for nearly two decades. He is currently an active board member of Orange Coast Title, Palm Springs International Film Festival, and Pathfinder Ranch.

SUPERIOR COURT CALIFORNIA, ORANGE COUNTY - CENTRAL JUSTICE CENTER—CASE NO. 30-2011-00515085

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.

Allegations from Orange County Complaint No. 30-2011-00515085: "Among other things, Orange Coast maintained a long time business relationship with Defendant Grachen; Orange Coast handled title insurance for Grachen's real estate transactions. On information and belief, Orange Coast actually knew or should have known that Grachen was involved in numerous fraudulent real estate schemes in Orange County and elsewhere which involved Grachen's acts of forging signatures, using forged notary stamps, and creating false and forged documents. This is because Orange Coast had either actual or constructive knowledge of Grachen's fraudulent real estate schemes before the transactions involved herein."

IN A SIMILAR CASE: Jury Finds Windermere's Affiliated Service Business, Commonwealth Land and Title Company of Puget Sound (now CW Title), Negligent, Awards Third-Party Plaintiffs $1,190,000.00.

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U.S. DISTRICT COURT FOR THE DISTRICT OF ARIZONA—CASE NO. 2:12-CV-00284-GMS

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.

The Complaint alleges: "Where an escrow agent becomes aware of facts which present substantial evidence of fraud, the escrow agent owes a duty to disclose such evidence to the lender." UPDATE: The Court has been advised that this case has tentatively settled..."

PRUDENT LEGAL MANAGEMENT: Consider Adding Franchiser Windermere Services Company To Your Windermere Complaint...

Attention Attorneys and Windermere Fraud Victims: Forced by outrageous ethical breach into suing a local Windermere franchise, broker or agent? Windermere advertises "The highest ethical standards. Uncompromising honesty and integrity," but in truth runs away from its own unethical misconduct and forces damaged Windermere fraud victims to sue and endure years of legal expense, distress and strategic delay.

Opinions state that Franchiser Windermere Services Company has a bona fide legal fiduciary interest in every local Windermere office transaction because it gets money from those transactions: When local Windermere franchises are sued and Complaints name "Windermere Real Estate Services Company," as a party, franchiser Windermere Services claims it has been "erroneously sued" and aggressively seeks its own dismissal from the lawsuit—but don't let that happen. If you're forced to sue your local Windermere franchise, remember: Franchiser Windermere Services Company HAS ALREADY PROFITED on your unethical Windermere transaction through its local franchise, and it therefore shares potential liability for your damages and attorney fees.

LEGAL PRECEDENT: Windermere Services Company has previously argued affirmatively in King County Superior Court No. 05-2-3443 SEA that it is in privity with its Windermere franchisees: In its duplicitous pleading to escape counterclaims, Windermere Services Company ACTUALLY PREVAILED in a Partial Summary Judgment Motion that states it is in "privity" with a Seattle Windermere franchisee because, "...as the owner of the Windermere tradename, it is in privity with Windermere Real Estate/Northeast." Privity is defined as: a.) A relation between parties that is held to be sufficiently close and direct to support a legal claim on behalf of or against another person with whom this relation exists. b.) A successive or mutual interest in or relationship to the same property.

FOR MAXIMUM POSSIBLE RECOVERY, PRUDENT LEGAL MANAGEMENT DEMANDS WINDERMERE FRAUD VICTIMS and THEIR COUNSEL SHOULD CONSIDER ADDING FRANCHISER WINDERMERE SERVICES COMPANY TO ANY COMPLAINT THEY FILE.

WELCOME ALL UW-MADISON & WAUSAU, WISCONSIN VISITORS!

SUPERIOR COURT STATE OF WASHINGTON, KING COUNTY—NO. 05-2-3433-4 SEA

LIAR, BULLY, COWARD and CROOK: IS WINDERMERE'S PAUL STEPHEN DRAYNA THE NATION'S MOST INSUFFERABLE and UNETHICAL LAWYER?

Windermere Prevaricator Pro: Lying to judges and knowingly filing false complaints and other fraudulent documents in their courts, then instructing innocent defendants through intimidating emails that they should hire no lawyers. Illegally demanding that Windermere fraud victims sign away their speech rights. Attempting to coerce unjust settlement agreements with excessive legal expense, intentionally inflicted emotional distress, and e-bullying. Running away and voluntarily dismissing his own company's phony, process-abusive lawsuits under CR 41 on the eve of trial. So ethically unworthy of a law license that he'll even try deliberately subverting a previously demanded and paid jury proceeding by duping a judge and surreptitiously ordering a bench trial in an unrelated motion. Is Windermere General Counsel, Lying Lawyer and smirking Legal Process Cheat, Paul Stephen Drayna (above left), the nation's most obtuse, dishonest, and unscrupulous corporate attorney?

—Editor's note on strained credibility and ridiculous assertions: Who prosecutes a legal action for years and then voluntarily quits when they expect to prevail at trial? Anybody? Click here for the false and contrived Windermere version of the case dismissal referenced above: “...At that point Windermere made the business judgment that – although they expected to prevail at trial – further expense was not justified in light of the limited scope..."

WINDERMERE LYING LAWYER, and LEGAL PROCESS CHEAT, PAUL S. DRAYNA (left), DEFINITELY DOES LACK COURAGE: Speaking to the Puget Sound Business Journal as an "Outstanding Corporate Counsel for a Solo Practice" Finalist in its self-concocted advertiser promotion, Drayna is quoted as saying about the temptation to become a real estate agent "...But I don’t think I have the courage to do what they do. Walking away from (a regular paycheck) to go work on a commission-only basis is like jumping out of an airplane without a parachute." it's worth noting that the Business Journal's article makes no mention of Drayna's legal skills and accomplishments, personal integrity or industry reputation. The article is a purely paid-for, advertiser puff piece, conspicuously lacking any allusion at all to Drayna's real rank as a bootlicking legal errand boy.

Process abuse as corporate legal strategy: Drayna files false complaints against innocent Windermere victims who are telling the truth, emails them with instructions not to hire a lawyer, then tries to coerce those victims into signing away their speech rights in exchange for being let out of Windermere's bogus libel and defamation claims. But then Drayna runs away and dismisses his own legal action just before trial when truthful victims refuse to sign, because professional prevaricator Paul Drayna does indeed lack THE COURAGE to appear at his own phony lawsuits.

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SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY—CASE NO. 12-2-28170-0 SEA

CASE UPADTE 3/8/2013: Stasik and Windermere Dismissed on Summary Judgment

"...A PRO AT COLLECTING PROPERTY DETAILS."

Windermere Northwest Broker Susan Stasik (left) and Windermere Real Estate Northwest, Sued for Misrepresentation and Failure to Disclose Sewer Vault and Walking Easements in Property Sale. Also Named in Complaint are First American Title Insurance Company, Ronald and Betty Edgbert, and (Eddy) Cho F. Pang: Ms. Stasik's Windermere web page states that she has "YEARS OF KNOWLEDGE / EXPERIENCE / NEGOTIATIONS" and is a "...pro at collecting property details."

Case update from the Windermere Northwest / Susan Stasick Motion for Summary Judgment, page 3, lines 17-19: "...On paragraphs F. and K, someone, most likely Susan Stasick, wrote in the words "See title" and "See title - CC&R's" and IT APPEARS SOMEONE CROSSED OUT THE "NO" ANSWER AND MARKED "YES" FOR K." (emphasis added.) Order Dismissing First American Title.

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Windermere suing its own agents:

Windermere Real Estate/East files complaint for money due against its own Windermere broker/agent Gregory M. Gransberry, also known as Greg Gransberry, and Kathy E. Goldstein, husband and wife; gets default judgment of $76,535.47

The complaint states in part under:

“I. Parties, Jurisdiction, and Venue

1.4 Upon information and belief, defendants Gransberry and Kathy E. Goldstein are, and at all times material to this action were, husband and wife. This allegation is based upon statements made by defendant Gransberry and supported by his representation that he resides at 1031 Evergreen Drive, Bellevue, Washington 98004, which public records identify as being owned by defendant Kathy E. Goldstein.

Complaint continues in part under:

“II. Contract and breach thereof

2.1 On September 18, 2001, plaintiff and defendant Gransberry signed a Broker/Sales Associate Agreement (the “Agreement”) under which plaintiff provided Gransberry certain services and materials and the right to use the Windermere name as a real estate agent, in return for which Gransberry promised to pay plaintiff certain agreed fees and charges.

2.2 As of May 2, 2011, Gransberry owed and was in arrears to plaintiff for charges and fees in the total amount of $63, 546.75, not including interest, costs, and attorney’s fees.

2.3 Plaintiff’s counsel mailed Gransberry a demand letter dated May 3, 2011. Gransberry has not responded to the demand letter, and the charges and fees, plus additional charges and fees, are now due and owing

2.4 The amounts owing were liquidated and certain and therefore bear interest at the rate of 12% per annum.

2.5 Upon information and belief, Gransberry entered into the the Agreement for the benefit of himself and his marital community, and with the knowledge and consent of his wife Kathy E. Goldstein, who has realized benefits from the Agreement. Accordingly, the amounts owed are owed by Gransberry and the marital community composed of Gransberry and Kathy E. Goldstein.”

The complaint asks for relief in an estimated amount of $66,000 for purposes of pleading, and is signed by Demco Law Firm Attorney Phillip T, Mattern, WSBA #16986.

Download a copy of the complaint here.

Review default judgment here.

MANDATORY AGENT CONTRIBUTION TO WINDERMERE FOUNDATION, FOR WHICH FRANCHISEES & FRANCHISER TAKE CREDIT: READ THE WINDERMERE BROKER/SALES ASSOCIATE AGREEMENT IN EVIDENCE...

...NEW PROFIT CENTER? WINDERMERE SUES EX-WINDERMERE AGENT: Windermere Real Estate West Campus—A FOREIGN CORPORATION—Owner/Broker John Tidwell, sued current John L. Scott agent Kimberly Mazzuca for Unpaid Business Debt of $14,703.73 plus 12% per annum since January 13, 2011, and received a Default Judgment. Download and read the Complaint and the attached Windermere “2008 Broker/Sales Associate Agreement and Addendum A, Windermere Commission Agreement – Fee Office” in evidence.

DOORS CLOSED and OUT OF BUSINESS: WINDERMERE PREFERRED LIVING, BREA, CALIFORNIA, CLAIMS TO BE WINDERMERE "PREFERRED PROPERTIES^TM" IN FALSE AND PREDATORY WEBSITE TAKE-DOWN LETTER, WHILE SIMULTANEOUSLY BEING SUED FOR USING THE "PREFERRED PROPERTIES" PHRASE.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO—CASE NO. 1:09-cv-00522-CWD

REALTY CONSUMERS URGED EXTRA CAUTION OF RICHARD B. SMITH and SUN VALLEY WINDERMERE REAL ESTATE IDAHO OFFICES

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..."

(Windermere Realtor Mary Liese and Windermere Capital Group owner Steve Osburn, left.)

Windermere Real Estate, the nation’s most predatory and consumer-abusive real estate company, has been sued for violating the Fair Housing Act. The Fair Housing Act is Title VIII of the Civil Rights Act of 1968, and prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap. (Access the Complaint against Windermere here.)

The Complaint was filed in United States District for the District of Idaho on October 15, 2009, by the Intermountain Fair Housing Council, Plaintiff; against Orchards at Fairview Condominium Association, Inc., and Windermere Real Estate/Capital Group, Inc., Defendants.

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State of Idaho Ex Rel Default Judgment Against President and Broker Steve Osburn, Windermere Real Estate Capital Group, Boise

The public record reports on September 2, 2010, a "Comment: $5909; Judgment. Civil Disposition entered for: Osburn, Steven A. Defendant; Windermere Real Estate/Capital Group Inc. Defendant; State Of Idaho Ex Rel Industrial Commission, Plaintiff."

The State of Idaho Industrial Commission is responsible for: Regulating workers’ compensation activities in Idaho, including companies licensed to issue workers’ compensation policies. • Settling disputes between injured worked and insurers. • Deciding appeals for unemployment decisions from the Idaho Department of Labor. • Ensuring that employers have workers’ compensation coverage as required by law. • Providing compensation to innocent victims of crime through the Crime Victims Compensation Program.

Ex Rel, the abbreviated form of "ex relatione" means "upon relation or report." Legal proceedings which are initiated "ex rel." are brought in the name of the state but on the information and at the instigation of a private individual with a private interest in the outcome.

Windermere Real Estate Capital Group's President Steve Osburn, Federal Tax Lien of $254,170.96

The Idaho Business Review has reported in part that under FEDERAL TAX LIENS-Week of 6/14/10, in Ada County (Idaho): "Listed are filed Federal Tax Liens. Listings include individual or business, address, amount, file number; OSBURN, Steven, 501 Front St, Boise, $254,170.96, 110043933"

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DISTRICT COURT, FOURTH JUDICIAL DISTRICT, IDAHO STATE, COUNTY OF ADA—CASE NO. CVOC 1108871

BOISE, IDAHO, WINDERMERE REAL ESTATE/RICHARD B. SMITH and ITS ECOBROKER, MINDI MCALLISTER, 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..."

CASE UPADTE: Order Granting Motion for Summary Judgment -- Civil Disposition entered for: McAllister, Mindy, Defendant; Smith, Richard B, Defendant; Windermere Real Estate, Defendant; Broyles, Anita Marlene, Plaintiff. Filing date: 9/10/2012. Order Re: Stipulation for Dismissal with Prejudice, 10/02/2012.

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FRANCHISER WINDERMERE SERVICES SUING and COMPETING AGAINST ITS OWN FRANCHISEES

SUPERIOR COURT OF WASHINGTON STATE IN 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: "...Jacobi decided to open another Windermere office in the territory in which WPCR was operating."

... "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 Company] 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."

"After WSC terminated WPCR's franchise agreement, Maxwell entered into a franchise agreement with Better Homes and Gardens ("BHG'). When WSC learned Maxwell had entered into the BHG franchise agreement, WSC's corporate counsel, Paul Drayna [left], sent an email directly to BHG's corporate counsel. Mr. Drayna's email stated that WSC had recently terminated WPCR's franchise for failure to pay license fees and other amounts and that WSC reserved all rights to pursue all amounts owing against Maxwell personally," and "Mr. Drayna's email to BHG's counsel also informed them that Jacobi, the founder and Chairman of the Board of WSC, was also a member of WPCR, and included portions of the WPCR Operating Agreement which gave Jacobi "veto" power. Mr. Drayna further warned BHG that Jacobi was preparing to commence legal action against Maxwell and his new company."

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SUPERIOR COURT, CALIFORNIA, COUNTY OF SAN DIEGO—CASE NO. 37-2011-00089709-CU-BC-CTL

IN ANOTHER LAWSUIT BROUGHT AGAINST FORMER WINDERMERE EXCLUSIVE PROPERTIES FRANCHISEES, FRANCHISER WINDERMERE SERVICES IS COUNTERSUED FOR TRADE LIBEL AND VIOLATION OF THE CALIFORNIA UNFAIR/UNLAWFUL COMPETITION LAW.

The Cross-Complaint alleges: "Cross-Defendants [Windermere Real Estate Services Company and Windermere Services Southern California] Engage in a Scheme to Disrupt and Destroy Cross-Complainants' Current Businesses and Future Business Endeavors... 17. 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, 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... 18. Namely, Windermere SoCal actively solicited Cross-Complainants' agents and managers and did, in fact, hire some of these individuals away from Cross-Complainants. This act is specifically prohibited by Windermere. These newly retained agents and managers were hired away to work at a Windermere franchise that is owned or operated by Windermere SoCal and which was located 1/2 of a block across the street from one of Cross-Complainants' Windermere franchises."

Civil Jury Trial Scheduled 05/04/2012 VACATED on 4/26/2012. Superior Court Minute Order states in part: "...Plaintiff discusses with the Court with regards to the settlement agreement and requests an exparte [sic] hearing..." FURTHER CASE UPDATE: Superior Court Minute Order from Ex Parte hearing of 5/2/2012 states in part "...Counsel addresses the Court on the proposed request for PARTIAL dismissal. (emphasis added). NOTICE OF DISMISSAL BY COURT on 06/01/2012.

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MORTGAGE SERVICES and MOVING YOUR MONEY:

"Windermere Mortgage Services Series LLC, a Delaware series limited liability company and an affiliate of HomeStreet Bank, provides mortgage services as a direct lender at the point of sale. Windermere Mortgage Services has mortgage loan consultants in 44 Windermere Real Estate offices in Washington and Oregon."

Does HomeStreet Bank's tacit approval of Windermere's predatory conduct make it a socially responsible financial institution?

Consumers should avoid Seattle's HomeStreet Bank in light of its affiliation with—and support of—Windermere Mortgage. Current HomeStreet Bank customers are urged to switch their accounts to a more socially responsible banking enterprise. Click here to read GERACI v. HOMESTREET BANK: " ...another action in a series of claims by parties who have obtained mortgage loans contending that the origination fee they paid their mortgage broker, in this case, Windermere Mortgage (Windermere), and the yield spread premium (YSP) paid by the mortgage lender, in this case the Defendant Homestreet Bank (Homestreet), to Windermere, exceeded a statutory 1% cap on fees paid by the borrowers."

Senior District Judge Quackenbush said, "Yield spread premiums and similar devices violate the anti-kickback provisions of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601 et seq., because they are payments from the lender to the broker and base the amount of the payment solely on the value of the loan to the lender.”

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NIELSEN and COMSCORE MEDIA SAY COLDWELL BANKER IS MOST VISITED REAL ESTATE WEBSITE: Windermere’s latest insipid website makeover puffery appeals emotionally with “We know for you, it’s more than just a move,” instead of squarely addressing its massive PR problems, new market realities, and constrained lending, as consumers choose other realty service providers over Windermere en masse. According to Nielsen and comScore Media Metrix—the two global leaders in digital measurement—Coldwell Banker branded websites had the highest number of unique visitors among all national real estate franchise brands for full-year 2011.

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PAUL STEPHAN DRAYNA, MATTHEW F. DAVIS, JOHN DEMCO REVIEWS; DAVISLEARY LAW FIRM REVIEW; DEMCO LAW FIRM REVIEW:

DEALING WITH WINDERMERE-DEMCO LYING LAWYERS and LEGAL PROCESS CHEATS, PAUL STEPHEN DRAYNA, MATTHEW F. DAVIS and JOHN DEMCO?

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, Matthew F. Davis and John Demco. (above left, respectively). These three 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 / Demco / 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, Davis and Demco are just a few 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.

For further pertinent insight on lawyer and Windermere franchise owner John Demco's business ethics, read about his Windermere agents' abuse and exploitation of a vulnerable adult, a case that Demco himself (at left) defended. 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.

—Editor's note: Documentary evidence supports all claims made in the preceding reviews.

PROSPECTIVE WINDERMERE FRANCHISEES and RENEWING WINDERMERE FRANCHISEES HAVE A RIGHT TO KNOW WINDERMERE SCANDALS: 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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"When they opened the wall they were overcome by freshly exposed rat-waste fumes, and confronted with more dead rat bodies and insulation so saturated with rat urine that it was still damp. Electrical wiring had been chewed-out by rats, and hung limp on the studs. The subfloors were soaked with rat urine. A pest expert warned that no more work could be performed on the premises without proper ventilation and the wearing of respiration devices."

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 upper left, George Rudiger and some of his concealed rats; lying Realtor Joan Whittaker photo unavailable.)

Rudiger's designated broker, Windermere Northeast owner Joan Whittaker, responded in a letter that…“Mr. Rudiger categorically denies he had any knowledge whatsoever of the alleged conditions. Indeed, if he had such knowledge, he would have seen to it that these conditions would have been disclosed by the seller, in the sellers’ “Real Property Disclosure Statement” (Form 17).” And also that, “…there was no knowledge of any problems by Mr. Rudiger.” But months later through the discovery process, the sellers revealed inspection and transaction documents from THEIR 1997 purchase of the house:

THEY BOUGHT THE HOME FROM GEORGE RUDIGER AT WINDERMERE NORTHEAST, and Rudiger himself had already referenced an inspection report and written in his own hand about “durable wire mesh to limit rats" in an addendum to the sale—Rudiger was a 30-year family friend of the seller.

"The only way to save it [the house] is to strip it to the studs."

— A Certified ASHI Home Inspector and Expert Witness

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SUPERIOR COURT STATE OF WASHINGTON FOR SKAGIT COUNTY—CASE NO. 09-2-00178-5

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, sued for fraud in mysteriously appearing "2nd Listing" case

(Left, Windermere owner Nate Scott, sales manager Colleen Craig, and agent Meredith Laws, respectively).

Skagit County single mother of autistic, special needs five-year-old filed Complaint alleging, FRAUD “… The Defendants, or their agents or employees, represented that they would sell the property composed of Seven Thousand Five Hundred (7,500) square feet as understood by Plaintiff. This was a representation of an existing material fact that the Defendants knew was false, that was in fact false, and that the Defendants, intended the Plaintiff to rely upon, knowing full well that the Plaintiff was not aware of the truth of the matter,” and;

"NEGLIGENT MISREPRESENTATION (IN THE ALTERNATIVE) … The Defendants failed to disclose to the Plaintiff that the property did not include Three Thousand (3,000) square feet of the Seven Thousand Five Hundred (7,500) square feet that the Plaintiff understood would be included in the transaction, knowing that the Plaintiff would be induced to to purchase the property.”

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SUPERIOR COURT OF WASHINGTON FOR KING COUNTY—CASE NO. 07-2-08247-6 SEA

Csaba Kiss at Windermere Real Estate/East (aka Windermere Bellevue West) was “…far more inclined to let a court decide” the Popchois warranty rights “than to spend money to settle” the Popchois warranty claim."

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.”

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.

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WINDERMERE SUES HOME SELLERS FOR COMMISSION, GETS ARBITRATION AWARD OF $50,329.25

SUPERIOR COURT STATE OF WASHINGTON IN AND FOR FOR KING COUNTY—CASE NO. 12-2-06755-4 SEA

WINDERMERE REAL ESTATE CAPITOL HILL SUES SELLER OF GREEN LAKE HOME FOR $28,500.00 COMMISSION DESPITE THAT WINDERMERE'S BUYER CLIENTS NEVER ACTUALLY CLOSED ON THE HOME, and IT WAS NEVER A WINDERMERE LISTING.

(Above left) Windermere Capitol Hill's Owner, Patrick Grimm; and the subject Green Lake home: "This lawsuit is brought in the name of Windermere as the entity legally entitled to receive compensation for real estate services under RCW 18.85.361(19).... Windermere is owed a commission by the Defendants in the principal amount of $28,500.00, equal to 3% of the contract purchase price... " Defendant filed a Notice of Appearance on March 5, 2012. Windermere Moves for Default Against Defendants on April 27, 2012. Read the Defendants' Answer here.

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: "... it is undisputed that Tessera did not receive a commission on this transaction. Since Tessera did not receive a commission on this transaction, there was no commission from which to pay a commission to Windermere, a condition precedent to Windermere's right to recover."

Decision 11/02/2012: Court denies Defendant's Motion for Summary Judgment but also denies Windermere's Cross-Motion for Summary Judgment.

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SUPERIOR COURT WASHINGTON STATE FOR COUNTY OF KING—CASE NO. 08-2-34857-1 SEA

Jury Finds Windermere's "Affiliated Service" Business, Commonwealth Land and Title Company of Puget Sound, Negligent, Awards Third-Party Plaintiffs $1,190,000.00...

...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!

(Left) Don Riley, Windermere Services Company Exec VP, Business Opportunities, is listed as a Governing Person of Commonwealth Land Title Company of Puget Sound, LLC; and is also listed as Manager of Commonwealth Land Title. WTG LLC is listed as a Member of Commonwealth Land Title, and WTG is also listed as a Governing Person of Commonwealth Land Title. "Riley oversees the operation of Windermere's affiliated service companies, including Windermere Mortgage, Commonwealth Land and Title and Windermere’s escrow partnership."

CW Title / Commonwealth Land Title Company of Puget Sound Reviews

CW TITLE REVIEWS: "I'M STILL WAITING TO CLOSE ON MY PROPERTY BECAUSE OF HER LIES."

Cassie D. of Seattle, WA, writes on yelp, 5/14/2010: "Really disappointed with the service, here. The escrow closers were rude, and didn't follow through. I'm beyond disappointed and will NOT be using them in the future. I would never treat clients the way these employees have chosen to treat them. Their follow-through, communication, and level of professionalism was beyond disappointing."

Kelly M. of Redmond, WA, writes on yelp, 5/15/2010: Won't specifically name the Title Agent but WOW! I've never, as a consumer (someone who is PAYING her to do her job) been spoken to like she spoke to me. She has mislead (at the best) and lied through the process. Told me to sign without seeing a final HUD and that I was supposed to trust them and have faith that they weren't lying to me. When I refused, her response was, "Well, then I guess you don't get your house!" (meaning closing on the day we were supposed to). She further implied that she'd drag out the process longer if I didn't bend to her demands. We were, by both the title agent and notery/signing assistant, given false information about timelines required for closing and when pressed, they told the truth begrudgingly.

I have no idea who runs this place but they ought to be ashamed of how they treat people who are paying them for a service. I'm STILL waiting to close on my property because of her lies.

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SUPERIOR COURT, WASHINGTON STATE, KING COUNTY—CASE NO. 11-2-35973-5 SEA

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?

CASE UPDATE: "STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE... said action has been fully compromised."

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SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF PIERCE—CASE NO. 09 2 08671 6

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

SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF KING—CASE NO. 08-2-34857-1 SEA

Jury Finds Windermere's "Affiliated Service" Business, Commonwealth Land and Title Company of Puget Sound, Negligent, Awards Third-Party Plaintiffs $1,190,000.00...

...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!

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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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SUPERIOR COURT STATE OF WASHINGTON FOR THE COUNTY OF PIERCE—CASE NO. 12-2-06877-7

WINDERMERE MANAGEMENT GROUP SUED FOR JUDICIAL FORECLOSURE OF TRUST DEED; DEFENDANTS FAILED TO APPEAR, ANSWER, OR OTHERWISE DEFEND THE ACTION, RESULTING IN AN ORDER OF DEFAULT AGAINST ALL DEFENDANTS

SUPERIOR COURT STATE OF WASHINGTON COUNTY OF PIERCE—CASE NO. 12-2-06877-7

WINDERMERE MANAGEMENT GROUP SUED FOR JUDICIAL FORECLOSURE OF TRUST DEED; DEFENDANTS FAILED TO APPEAR, ANSWER, OR OTHERWISE DEFEND THE ACTION, RESULTING IN AN ORDER OF DEFAULT AGAINST ALL DEFENDANTS

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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...

REALTY PREDATOR and WINDERMERE CHAIRMAN (left) JOHN W. JACOBI'S VOLUMINOUS and HORRIFIC LEGACY OF GREED, LOSS, DISTRESS and FINANCIAL RUIN FOR WASHINGTON STATE HOMEBUYERS: 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?

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IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY—CASE NO. 08-2-42345-0 SEA

WINDERMERE REAL ESTATE/WALL STREET—Where Windermere Founder John W. Jacobi is listed as Director—PROFITS ON LOAN-CON SCAMMER CHERYL JONET

(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. Both were on duty for the Doorish and Jonet cases. Windermere Founder John Jacobi is listed as Director of Windermere Wall Street.

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.

She gutted the property prior to the buyer’s residency, and acquired substantial liens on it. Jonet then informed seller Doorish that the buyer could not carry the financial obligations, that foreclosure was imminent, and further convinced Doorish to take the property back. When he again took possession of the place and was confronted with its gutted condition and financial impediments, he had to pay hundreds of thousands to satisfy lien holders to avoid foreclosure; and Doorish spent yet more to put the residence back in habitable condition. Doorish never recovered the original $50,000 scammed by Jonet. Read the Doorish Complaint here.

SCAMMING CHERYL STRIKES AGAIN

Tom McMackin wrote Geoff Wood and John Jacobi at Windermere Services Company on September 11, 2007, about having been victimized by another Cheryl Jonet buyer scheme. Mr. McMackin further informed Windermere of eleven other Jonet victims, but, as in all other cases, Windermere did not respond to McMackin’s letter. In that particular scam scenario, Jonet had partnered with a crooked Countrywide home loan ripoff artist. The McMackin’s lives and finances were ruined.

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COMPLAINT No. 07-2-34039-4 SEA:

FORMER WINDERMERE NORTHEAST OWNER JOAN WHITTAKER SUED AGAIN, ALONG with AGENTS DAVID HOPKINS and JOANN McCANN, for MISREPRESENTATION INCLUDING FORGERY: (Left and right) Windermere Kirkland Northeast Agents Joanne McCann and David Hopkins

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA—NO. CV-05401

Windermere Real Estate Bainbridge Island and Associate Broker Debbie Nitsche (left) Sued for Copyright Infringement, Violation of the Lanham Act, and Unfair Competition: Access the Complaint here. (Left) Windermere Bainbridge Island Associate Broker Debbie Nitsche.

A Complaint has been filed in United States District Court, Western District of Washington at Tacoma, for Copyright Infringement and Unfair Competition, by Lu Lawrence, an Individual, Plaintiff; against Paul Clark, an individual, dba Walkthrough Media; Oscar F. Nohre, an individual; Jane Doe Nohre, an individual; and the marital community comprised of Jane Doe Nohre and Oscar F. Nohre; Graphical Data, Incorporated, a Washington Corporation; Debbie Nitsche, an individual; and Windermere Real Estate/BI, Incorporated, a Washington corporation; and Jane Doe and John Doe, unknown realtors A through Z, Defendants.

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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF KING—CASE NO. 98-2-17607-5

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. From the Parry Complaint:

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Windermere Agent Recommends Rookie Inspector Who Misses Toxic Mold

(Left) Judy Bigelow, agent for Windermere Real Estate / West Sound, Silverdale.

As recently as 2008, Windermere was hyping Scott DeShryver’s home inspection expertise in the Kitsap Sun. But home inspectors can often be “ringers.” A big mistake many home buyers make is using a home inspector that’s been recommended by their agent—or worse—the listing agent of the property they’re considering. Buyers might figure that one inspector is as good as another, but they should check an inspector’s credentials thoroughly, and Google the inspector on the web, too, to see if any complaints are floating around cyberspace about the inspector they’re considering.

When real estate agents recommend inspectors, bad things often happen, because the agents are looking for an uncomplicated, quick sale, and their recommendation might produce a “softball” inspection; an inspection which deliberately ignores problems so that the sale will go through easily, and the recommending agents will recommend them again. Countless consumers have fallen into this trap and paid a big price for doing so.

Theresa McCormick offered on a property in Lakewood, Washington, through Windermere Silverdale agent Judy Bigelow. Bigelow was a veteran agent and connected McCormick with Lighthouse Home Inspection’s Scott DeShryver, without disclosing to McCormick that Mr. DeShryver was acquainted with her son, and was also a relative neophyte at inspecting homes.

Deshryver failed to identify nearly a thousand square feet of soft rot fungus in the home’s attic. A laboratory examined the fungus and concluded that Chaetomium—a most virulent strain of mold—was present. We’ve all heard the nightmare scenarios produced by moldy homes, and mold’s insidious effect upon allergies and the human immune system. Anaphylactic reactions to mold can even produce death

To further complicate matters, McCormick learned that inspector DeShryver had no insurance, and accordingly, that an attorney wouldn’t want the case because DeShryver had no deep-pocket insurer from which to collect damages if McCormick managed to prevail in court. Bigelow told McCormick “There is nothing Windermere can do” because Windermere was not a party to her agreement with DeShryver for his services

Once again, the decidedly murky ethics of a Windermere agent overtook decency, and Windermere’s fraudulent marketing claim of commitment to honesty and integrity. McCormick lost hundreds of thousands in sorting out the mold mess, and her family took major hits to their health. In this case, there are many parallels to Windermere’s behavior in the Kruger Rathouse case, chief among them, Windermere’s despicable failure to recognize its own bad apples. It prefers to keep collecting on them instead.

In a re-inspection of McCormick’s home, DeShryver acknowledged that he had not seen the damage in his previous inspection because Lighthouse Home Inspection’s policy is to avoid disturbing insulation. What good is an inspection that misses toxic defects like mold?

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."

RCW 18.86.050: "Unless additional duties are agreed to in writing signed by a buyer's agent, the duties of a buyer's agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection: (a) To be loyal to the buyer by taking no action that is adverse or detrimental to the buyer's interest in a transaction; (b) To timely disclose to the buyer any conflicts of interest; (c) To advise the buyer to seek expert advice on matters relating to the transaction that are beyond the agent's expertise."

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IN THE SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY—CASE NO. 07-2-17754-0 SEA

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.

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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..." As evidenced by Ms. Cantwell's immense appetite for Windermere money, she certainly is serving WINDERMERE people.

WE’RE FOLLOWING THE MONEY… with the diligent research and comprehensive analysis of the National Institute In Money In State Politics and OpenSecrets.org, WindermereWatch is bringing visitors a look at Windermere Real Estate’s political contributions.

Senator Maria Cantwell, Washington Democrat, is stonewalling voters on the issue of Windermere Real Estate campaign contributions: DOES THE DEMOCRATIC PARTY CONDONE SUPPRESSION OF AN INDIVIDUAL'S FREE SPEECH RIGHTS BY LARGE CORPORATE CONTRIBUTORS?

The Victims of Windermere both request and demand that Senator Cantwell return all the campaign election money she has taken from her state's most predatory company—Windermere Real Estate—who has ruined so many of her own constituents' homes and lives. In a stunning 5 straight election cycles, Windermere has been among Cantwell's top 100 contributors:

2002: #27—$6750.00

2004: #52 —$7,000.00

2006: #49 —$14,900.00

2008: #78 —$10,400.00

2010: #69 —$10,150.00

TOTAL—$49,200

Ms. Cantwell should not be funding her election campaigns on the backs of damaged real estate consumers with Windermere Real Estate's ill-gotten gains. Nor should she be conducting her election campaigns on contributions from an organization who illegally coerces and intimidates consumers out of their constitutional speech rights to impose silence about its own transgressions:

In the DeCoursey case dark clause, Windermere even tried to dictate what the DeCourseys could say to other individuals in simple conversation: "The DeCourseys agree that they shall not communicate with any person about their dispute with Windermere unless asked, and if asked, will only state that they have resolved their claim to their satisfaction." And in another of its dark clauses, Windermere required "...that he will cease all efforts of any kind (c) to publicly state opinions or beliefs about Windermere Real Estate."

Just how in good conscience, can a Democratic United States Senator keep campaign contributions from such a despicable enterprise? WindermereWatch has contacted Senator Cantwell about returning Windermere's campaign contributions, but in the style so typical of our ineffectual, entitled politicians, Cantwell has refused to respond at all.

CANTWELL CAMPAIGN CONTRIBUTIONS AND WINDERMERE'S ROLE IN CONDONING VIOLENCE AGAINST WOMEN WILL BE ISSUES IN THE COMING 2012 ELECTIONS

In casting their ballots for the 2012 senate race, voting women of Washington State shouldn't just consider Cantwell's refusal to address Windermere Real Estate's campaign contributions, but they should also be cognizant that in 2002, the U.S. Court of Appeals said in Maureen Little v. Windermere Relocation—an enterprise to which Windermere CEO Geoff Wood serves as a Governing Person—that Windermere "...effectively condoned a rape by a business colleague and effects, Little was subjected to an abusive work environment..."

All voters in Washington will expect Senator Cantwell to squarely address her Windermere contributor's record of civil rights abuse, victimization of innocent real estate consumers, and its Neanderthal mistreatment of women in the workplace. We welcome Senator Cantwell's comments.

WindermereWatch2 thanks OpenSecrets.org Center for Responsive Politics for campaign contribution statistics.

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gregoire luce granly 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.

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Windermere Real Estate Opens Office on Oak Street in Hood River, OR

Located at 315 Oak Street, it is the second office in Hood River for the Windermere affiliate Windermere Glenn Taylor Real Estate. "The office on Oak Street is designed with our brokers' collaborative style in mind," said Kim Salvesen-Pauly (left), owner of Windermere Glenn Taylor Real Estate... (MORE)

Windermere Real Estate Opens Four Property Management Offices in the Gorge: Hood River, OR - December 2,2015 - Windermere Real Estate, the largest regional real estate company in the Western U.S., announced today the addition of a new property management company in the Windermere network.

Windermere Real Estate Opens Rogue River Office: Rogue River, OR - Susan Jaeger and Marian Szewc, Principal Brokers/Owners of Windermere Real Estate Southern Oregon proudly announce the grand opening of their new Windermere Real Estate Office in Rogue River, OR. The mother/daughter team began converting their office from River City Realty & Mgt, LLC to Windermere in October of this year and will make it official by hosting a grand opening event in January of 2015. MORE...

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BUYERS BEWARE: DON'T PURCHASE PROPERTIES BUILT BY BENNETT HOMES OF BELLEVUE

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. Shown above are 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

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Important Washington Real Estate Court Cases:

Svendsen v Stock: Washington Consumer Protection Act Applies to Real Estate Brokers

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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PROMINENT SEATTLE CHORAL GROUP USED CIVIL RIGHTS BASHING, UNETHICAL, LYING LAWYER FOR ITS LEGAL COUNSEL

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 buy concert tickets 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?

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"... Sure, but don't publish my name, please... They think we're all stupid. The Jacobis are so arrogant that they expect us to pay them and put up with your website, too, even as the people who generate our revenues are leaving and going elsewhere..."

John W. Jacobi and franchiser Windermere Services Company demand fees and commissions but won't protect the brand image that Windermere franchise owners pay for... Prospective Windermere franchisees click here for Federal Trade Commission Rules, Part 436, Franchisor Disclosure Requirements

WINDERMERE SUING FORMER FRANCHISEES WHO QUIT THE FAILING WINDERMERE BRAND

Franchiser Windermere Services Company Files Breach of Contract Lawsuit against Lifestyles Services, all formerly Windermere Exclusive Properties. Windermere Services' Complaint states in part: "Plaintiffs are informed and believe that defendants contend that the plaintiffs, in protecting their rights under the Franchise Agreements in light of defendants’ defaults, have somehow unlawfully interfered with defendants’ rights under the respective Franchise Agreements alleged in this Complaint. Plaintiffs dispute any such contention and allege that they have at all times acted properly and in accordance with the express terms of the Franchise Agreements and California law."

WINDERMERE SERVICES COUNTERSUED FOR TRADE LIBEL AND VIOLATION OF THE CALIFORNIA UNFAIR/UNLAWFUL COMPETITION LAW: Cross-Complaint filed by former Windermere Exclusive Properties franchisees alleges: "Cross-Defendants [Windermere Real Estate Services Company and Windermere Services Southern California] Engage in a Scheme to Disrupt and Destroy Cross-Complainants' Current Businesses and Future Business Endeavors: 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, 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. 18. Namely, Windermere SoCal actively solicited Cross-Complainants' agents and managers and did, in fact, hire some of these individuals away from Cross-Complainants. This act is specifically prohibited by Windermere. These newly retained agents and managers were hired away to work at a Windermere franchise that is owned or operated by Windermere SoCal and which was located 1/2 of a block across the street from one of Cross-Complainants' Windermere franchises."

Civil Jury Trial Scheduled 05/04/2012 VACATED on 4/26/2012. Superior Court Minute Order states in part: "...Plaintiff discusses with the Court with regards to the settlement agreement and requests an exparte hearing..." FURTHER CASE UPDATE: Superior Court Minute Order from Ex Parte hearing of 5/2/2012 states in part "...Counsel addresses the Court on the proposed request for PARTIAL dismissal. (emphasis added)

Windermere Services Pleads Twenty Affirmative Defenses in Answer To LifeStyles' Unverified Cross-Complaint: "Cross-Defendants have not engaged in unfair competition as alleged in the Cross-Complainants. Further, Cross-Defendants are informed and believe that the conduct of Cross-Defendants as alleged in the Cross-Complaint is not an unlawful, unfair, or fraudulent business practice within the meaning of the Unfair Competition Law, Business and Professions Code section 17200 et seq."

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Franchiser Windermere Services Company Sues Former Windermere Puyallup Canyon Road owner Joe Maxwell for default on “Unconditional Guaranty of Payment” Promissory Note.

Maxwell Answer and Counterclaims: “Plaintiff's claims are barred by Plaintiff’s fraud, duress, and unclean hands.” $4,000,000 in Damages and Violation of Washington Franchise Investment Protection Act alleged.

CASE UPDATE: STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL OF CLAIMS FILED NOVEMBER 1, 2011.

Windermere Real Estate founder John Jacobi named as Third Party Defendant and sued for Indemnification, Contribution, Breach of Fiduciary Duty and Breach of Contract in Bank of America vs. Windermere Puyallup Canyon Road; Windermere corporate counsel Paul Drayna alleged to have sent WPCR's new franchiser—Better Homes & Gardens—predatory email.

CASE UPDATE: STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL OF CLAIMS FILED OCTOBER 27, 2011.

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 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.)

"After WSC terminated WPCR's franchise agreement, Maxwell entered into a franchise agreement with Better Homes and Gardens ("BHG'). When WSC learned Maxwell had entered into the BHG franchise agreement, WSC's corporate counsel, Paul Drayna, sent an email directly to BHG's corporate counsel. Mr. Drayna's email stated that WSC had recently terminated WPCR's franchise for failure to pay license fees and other amounts and that WSC reserved all rights to pursue all amounts owing against Maxwell personally," and "Mr. Drayna's email to BHG's counsel also informed them that Jacobi, the founder and Chairman of the Board of WSC, was also a member of WPCR, and included portions of the WPCR Operating Agreement which gave Jacobi "veto" power. Mr. Drayna further warned BHG that Jacobi was preparing to commence legal action against Maxwell and his new company." (Windermere corporate counsel Paul Stephen Drayna, left.)

Is illegal or unethical misconduct going on at YOUR local Windermere office? From the very top, right down to the local Windermere agent, broker, and Windermere office: The Incredible Allegations of Intentional Misrepresentation at Windermere Founder John Jacobi's Washington Loan Company. STORY HERE Case Update: Stipulation and Order for Dismissal

Commonwealth Land Title Company of Puget Sound changed its name to "CW Title" as of September 1, 2011—CW Title IS Commonwealth Land Title. Jury Finds Windermere's Commonwealth Land Title Company of Puget Sound Negligent, Awards $1,190,000.00

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Windermere's Unseemly Grip on State Governments:

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 Disappears from the Windermere Real Estate/Valley Roster—Ironically—just as Owner Moye is Nominated for Vice Chair of Washington’s Real Estate Commission, and "All [other] commissioners voted for Cate Moye." —DOL Acting Administrator Jerry McDonald

UPDATE: CONVICTED FELON NICK GRANLY AGAIN LISTED AT WINDERMERE SPOKANE VALLEY, PRODUCING PROFIT FOR WASHINGTON REAL ESTATE COMMISSION MEMBER AND WINDERMERE SPOKANE VALLEY OWNER CATE MOYE, AND FRANCHISER WINDERMERE SERVICES COMPANY

cate moye gregoire luce

(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—back again at Moye's Windermere Spokane Valley operation.

In November of 2006, Governor Chris Gregoire’s press release states Ms. Moye “…is a member of the Spokane Association of Realtors professional standards committee…” Does Ms. Moye’s application of Realtors’ professional standards embrace the continued profit on convicted felons, without putting her active Windermere listing clients—and others—on notice that an agent of such dubious history like Nick Granly will have absolute, unsupervised and unregulated access to lock boxes and Windermere client homes? In those prior 7 years, 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?

The Washington State Real Estate Commission’s Mission Statement: “To uphold, protect, and promote the public interest, which embraces both the interests of regulated licensees and entities and the interests of consumers, by the fair and impartial development and administration of the licensing laws and regulations,” is surely in conflict with commission member Moye-Windermere's usual approach to protecting the public interest—that of putting a convicted robber in your living room while you're not at home, without telling or asking you.

At this writing, current members of Washington State’s Real Estate Commission are:

• Ralph Osgood, Assistant Director Department of Licensing
• Kyoko Matsumoto Wright of Coldwell Banker Bain
• Jeff Thompson, Windermere Tri-Cities, Richland

• Cate Moye, Windermere Valley, Spokane
• George Pilant, RE/MAX
• Dan Murphy, Windermere Fauntleroy; Windermere Founder John W. Jacobi, Governing Person, Fauntleroy

With Cate Moye, Windermere Valley, Spokane, a total of three (3) Windermere members stack the commission, including Dan Murphy of Windermere Fauntleroy, where Windermere founder John W. Jacobi is listed as a Governing Person; and Jeff Thompson, Windermere Tri-Cities, Richland. Ralph Osgood, DOL Assistant Director, is also a commission member. Why is Washington's appointed real estate commission comprised of THREE Windermere personnel— ONE from Coldwell Banker, ONE from RE/MAX, and ZERO commission members from any of the other real estate companies operating in Washington state?

The Washington DOL website stated:

"Governor Gregoire appoints a new real estate commissioner

We would like to welcome our newest real estate commissioner, Jess Salazar. Governor Gregoire appointed Federal Way real estate managing broker Mr. Salazar to serve on the Washington Real Estate Commission effective October 14, 2010. His term expires August 14, 2016.

Jess Salazar has been in real estate for 25 years with Benchmark Realty, LLC. He has 20 years of training experience in the classroom. Jess received his Trainer Specialist Certificate from the University of Washington.

Jess also worked 10 years at the Sea-Tac International Airport as an Aeronautical Training Specialist. He worked with the team that developed the security program which eventually became a standard throughout all national airports after 9/11."

But there was no mention of Mr. Salazar in the commissioner lineup on the DOL website. Regardless of the addition of any new commission members, Windermere still holds three appointments, while no other Washington real estate company has more than one, and most companies are not represented at all.

“Integrity” is the most overused word in our global marketing culture. “Honesty” is perhaps the second most overused word in our global marketing culture. Many large companies are able to hide and obfuscate the reality of their own poor ethical performance and social responsibility simply by flooding the marketplace with paid promotion devices, like snappy websites, glossy brochures, and targeted PR events which trumpet words like “Service” and “Dedication” and “Honesty” and “Integrity.” And Windermere Real Estate circulates its disingenuous sales promotion all everywhere. It doesn’t care that its message content is—by its own record—disingenuous. It cares only about getting a percentage of YOUR property transaction—and if something goes wrong, well… they’ll beat it down with their unprincipled lawyers; or wear you out by spending your entire estate on mendacious litigation. But the public is smart, and votes on unethical corporate performance with its feet and pocketbooks. The visitor traffic numbers at windermerewatch.com prove just how interested consumers are in learning about where they should—and should NOT —place their confidence in choosing real estate services..

Windermere Real Estate absolutely saturates the marketplace with "We are committed to… The highest ethical standards, Uncompromising honesty and integrity.” Windermere also ballyhoos “The best from and for Windermere people” and “The improvement of life in the neighborhoods we serve.” Yet, if you're a client of owner Cate Moye’s Windermere Real Estate/Valley, Inc., of Spokane Valley, Washington, you might just be connected to Windermere Spokane Valley’s Nicholas Granly, a Windermere agent with convictions for robbery, burglary and theft.

On January 28, 2004, Spokane’s Spokesman-Review reported that “A former police officer attempting to sell her Spokane Valley house returned a few days ago to a big surprise… While she was away, her home was shown to prospective buyers by a real estate agent with convictions for robbery, burglary and theft… From the business card Realtor Nicholas A. Granly left behind, the ex-cop remembered he was involved in a shotgun standoff with Spokane sheriff’s deputies five years ago… How can a guy like this be in my home? asked the homeowner and now business owner, who asked not to be identified. I’m outraged, and I’m mad.” Despite the local controversy, and obvious consumer trepidation at having such unsupervised visits to listed homes and their valuable, often irreplaceable contents, convicted felon Granly continues to generate commissions for Windermere Valley owner Cate Moye, and franchiser Windermere Services Company.

Incredibly, Windermere Real Estate/Valley Inc.’s Owner Cate Moye was appointed to Washington State’s Real Estate Commission by Governor Chris Gregoire in November of 2006, nearly 3 years after the Spokesman-Review’s Granly article; and a period in which Windermere owner Moye continued her profit on agent Granly. Internet archives show Granly's Windermere roster listing from 2003 through 2008. Before, during, and after his exposure as a convicted theft and burglary felon. Windermere is adept at infecting government bureaucrats with “The Windermere Way”, and getting ethically questionable access to what’s going on in government agencies, purport to regulate the real estate industry and Windermere itself. But with 3 votes on the Washington State Real Estate Commission, one might think that Windermere Real Estate has undue influence over Washington state policy. Why on earth is a real estate commission not comprised of a single individual from each real estate company operating in Washington state? That commission configuration seems far more fair, indeed.

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CALIFORNIA FRANCHISE INVESTMENT LAW: CASE HISTORY

In DOLLAR SYSTEMS, INC. v. AVCAR LEASING SYSTEMS, the Court RESCINDED THE FRANCHISE AGREEMENT, awarded restitution and damages, dismissed DSI’s breach of contract action, and awarded attorneys’ fees to franchisee Avcar, in part because “At the end of the meeting of June 15, 1984, DSI gave Schroff a document entitled "FTC DISCLOSURE STATEMENT," dated July 30, 1982. The document DID NOT DISCLOSE that Caruso and Francis were prohibited from offering or selling franchises in California because of their previous failure to comply with the registration requirements. THE DOCUMENT ALSO FAILED TO DISCLOSE THE EXISTENCE OF FIVE CIVIL ACTIONS INVOLVING DSI AND TWO 1982 WISCONSIN CRIMINAL CONVICTIONS FOR UNLAWFUL FRANCHISE SALES ACTIVITY, one for DSI, and one for Dollar Rent A Car- Wisconsin, Inc., a wholly owned DRACSI subsidiary. Download the case here.

California Corporations Code—Fraudulent Practices 31201: "It is unlawful for any person to offer or sell a franchise in this state by means of any written or oral communication not enumerated in Section 31200 which includes an untrue statement of a material fact or OMITS TO STATE A MATERIAL FACT necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.

WINDERMERE VICTIMS' COMPLAINT OFFICIALLY ENTERED INTO FEDERAL TRADE COMMISSION'S CONSUMER SENTINEL DATABASE, AVAILABLE TO THOUSANDS OF CIVIL and CRIMINAL LAW ENFORCEMENT AGENCIES WORLDWIDE

Windermere Victims have notified the Federal Trade Commission (FTC) of Franchiser Windermere Services Company's Unfair and Deceptive Franchise Marketing Under Title 16, Chapter 1, Subchapter D, Part 436, 16 CFR 436.2 (5)(n); and the Windermere Network's False Advertising Under Title 15, Chapter 2, Subchapter I, § 52; also Windermere Real Estate's Civil Rights Speech Abuses. United States Department of Justice (USDOJ) and State Attorneys General also Notified.

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Phoenix Real Estate Investor Pleads Guilty to $50 Million Mortgage Fraud Scheme

PHOENIX—Brett Matheson, 46, pleaded guilty on Monday in federal court to conspiracy to commit wire fraud in a $50 million mortgage fraud scheme based in Phoenix. Two others have also entered guilty pleas and are awaiting sentencing.

The case against Matheson and his co-conspirators is based on an investigation conducted by the Internal Revenue Service’s Criminal Investigation Division and the Federal Bureau of Investigation. Matheson acknowledged in his guilty plea that as President and CEO of Maricopa Property Investment Solutions, Inc., he recruited straw buyers in real estate seminars. From about January 2005 through September 2006, he facilitated the submission of mortgage loan applications for these unqualified straw buyers containing false information regarding employment, income, assets and the intent to occupy homes as their primary residence. In some cases, the loan application packages contained altered pay stubs, false bank statements, and bogus verifications of employment and deposit. Matheson personally obtained financing for the purchase of two properties using altered pay stubs and bogus verifications of employment. At closing, a portion of the seller proceeds were kicked back to an entity controlled by Matheson and his co-conspirators. The arrangement between Matheson’s company and the “straw” buyers was concealed from the lenders. The kickbacks were often used on Matheson’s personal expenses or to make down payments to qualify additional “straw” buyers for financing on other properties. In total, 52 properties were involved in the scheme with nearly $50 million in fraudulent loans. The losses to lenders approached $20 million.

“This guilty plea reminds us of the destructive role mortgage fraudsters played in the financial crisis that has impacted every Arizonian and the entire country,” said U.S. Attorney Dennis K. Burke. “Schemes like this have destroyed property values, crippled lending institutions, and ruined entire neighborhoods in our community. It has resulted in the loss of tax revenues and jobs. We will continue to investigate and prosecute those who have profited from mortgage fraud.”

“Mortgage fraud threatens the financial health of our communities. IRS Criminal Investigation and our law enforcement partners are committed to following the money trail to ensure those who engage in illegal activities such as Matheson are brought to justice,” said Dawn Mertz, Special Agent in Charge, Phoenix Field Office, Internal Revenue Service, Criminal Investigation Division.

A conviction for a single count of conspiracy to commit wire fraud is punishable by a maximum fine of $1 million a maximum term of imprisonment of 30 years, or both, and a term of supervised release of five years. In determining an actual sentence, Federal District Judge Neil V. Wake will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

Matheson’s prosecution is part of an initiative called “Operation Stolen Dreams” in which dozens of defendants—including many real estate professionals—were indicted in the summer of 2010. To date, 27 of those indicted have been convicted through guilty pleas.

The investigation in this case was conducted by the Internal Revenue Service, Criminal Investigations Division and the FBI. The prosecution is being handled by Kevin M. Rapp and Monica B. Klapper, Assistant U.S. Attorneys, District of Arizona, Phoenix.

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Click here to a WindermereWatch Web Intelligence Report on Windermere Damage Control Strategy Documents:

Tacoma communications consultancy JAYRAY provides Windermere Services Company a tenuous WindermereWatch damage control formula: In a “Managing the impacts of Windermerewatch.com” recommendations memo, Tacoma communications consultants Debra Carnes and Shari Campbell at JAYRAY—A PLACE TO THINK—tells Windermere’s Geoff Wood and Noelle Bortfeld: “There is no question that Windermere needs to move forward with a plan and strategies to minimize the potential damage...”

Franchiser Windermere Services Company’s “Phone Script” instructs its area representatives on what to tell exasperated Windermere agents when upset home sellers call them: "I'm sorry you received that..."

In a “Managing the impacts of Windermerewatch.com” recommendations memo, Tacoma communications consultants Debra Carnes and Shari Campbell at JAYRAY—A PLACE TO THINK—tells Windermere’s Geoff Wood and Noelle Bortfeld: “There is no question that Windermere needs to move forward with a plan and strategies to minimize the potential damage...”

As WindermereWatch gears up for its Annual Spring Postcard Campaign that informs unwitting Windermere property listing clients about the hazards of dealing with the nation’s most unethical real estate company, Franchiser Windermere Services Company’s “Phone Script” instructs its area representatives on what to tell exasperated Windermere agents when upset home sellers call them: "I'm sorry you received that..."

“...I had two more calls today from clients asking about who is behind these postcards. Why can’t we get these people to stop? They’re going to hurt our business.”—Potential call from Windermere's Phone Script

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From Glassdoor website—an inside look at jobs and companies:

Dec. 24, 2013

“Coldhearted Hypocrisy”

Anonymous Employee (Former Employee)

I worked at Windermere Real Estate full-time for more than 10 years

Pros – Enjoys a good public image, intensely cultivated and marketed for many years...the image appears to be the real thing to the public.

Cons – Marketing is at the heart of the Windermere Corporate approach to business ...consistently promote service to community, putting people first and honesty in business dealings but only if it doesn't mean taking a financial hit of any size: Windermere is guilty of huge hypocrisy. See windermerewatch.com for an extremist but fact based opinion. Windermere has, in their own words always "vigorously defended" against buyers and sellers who complain or sue them.... apparently regardless of the merit of the consumer's complaint. Windermere's contribution to their own Foundation comes primarily from it's agents (Not the Corporation) and at a level of less than a third of the per transaction legal defense contribution agents are required to make. (approx. $12 per transaction. Former Windermere franchise owners find themselves being sued by Windermere Corporate or may see the their loyalty and their Company tossed aside and closed in favor of a newer, younger franchise company......going against their own strict rules by facilitating the transfer of agents with zero compensation to the Ownership losing their entire business. The "Nordstrom of Real Estate" might apply to the design and décor of many Windermere offices, but in no way is there a similarity between the two companies when it comes to true integrity...there simply isn't real consistency between Windermere's professed beliefs/values and their actions.

Advice to Senior Management – You may remember when Windermere had integrity. Try to regain it. Good luck.

No, I would not recommend this company to a friend

Editor's note: Windermere's staggering PR image problems and reputation for protracted litigation with defrauded Windermere customers must be well considered by real estate professionals when evaluating Windermere desk fees and/or Windermere commission splits.

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"...not only did she lie to us... I would urge everyone to use caution before working with [Dollie Sparks] or any Windermere Agent for that matter."

I would prefer to remain anonymous if this is going to be posted, but I feel compelled to tell you about my recent situation involving Windermere Sequim Sunland Agent Dollie Sparks [left]. My family and I met with her a few months ago to view a rental property that was listed in Sequim. I know that we don't exactly have the best rental history or credit history and the credit history is quite complicated due to a past divorce ... but she assured us that she could work with us. My husband was in the process of going through job recruitment for a position with the county, which can be a very lengthy process but we always kept her in the loop and sent her the necessary documents that she requested. We spent a month going back and forth with her, truthfully I felt like I was working for her and not the other way around with all the documents she kept requesting that I gather every few days. Eventually she informed us that the house we were trying to rent from her had been rented, but assured us that she would have something in our price range soon. Her last correspondence with us ended rather abruptly when she decided that she no longer wished to work with us. Rather than just being honest and telling us that we were too big of a risk to take on as renters (I would have respected her for that), she cut off all communication and never contacted us again or responded to our emails or phone calls. A week later we decided to do a little investigating on our own and discovered that the house she claimed to have rented still had a for rent sign in the yard. Not only did she lie to us about the status of the property, but she couldn't muster up the courage to tell us that she didn't want to work with us. This is extremely unprofessional and unethical behavior for an agent/property manager. I would urge everyone to use caution before working with her or any Windermere Agent for that matter.

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WINDERMERE REAL ESTATE ANNOUNCES A CHANGE OF OWNERSHIP FOR THE MOSES LAKE, WASHINGTON, OFFICE

Heather Adkinson and Barry Lawson (at left, respectively) take over as co-owners of Windermere Real Estate K-2 Realty. “We are excited to start this new chapter with Windermere,” comments Adkinson..." and “Our team is ready to share exceptional service, commitment to excellence, and high integrity with our community” notes Lawson."

Windermere Real Estate K-2 Realty is located at 2900 W Broadway, Moses Lake, WA, and currently houses 15 agents: April Adams, Heather Adkinson, Sierra Becken, Walt Bumgarner, Jane Doe, Sandy Eslick, Lisa Garmon, Lynn Garza, Tammy Garza, Lisa Hanley, Norman & Lisa Hanley, Jay Kincaid, Lois Kincaid, Ralph Kincaid, Barry Lawson, Susan McMillan, Vivian Richard, Denise Varney, Pat Wold. GET MORE INFO and THE GRANT COUNTY, WASHINGTON, WINDERMERE K2 LAWSUIT LISTINGS HERE.

Windermere Brea's takedown letter is a candidate for EFF's TAKEDOWN HALL OF SHAME. Support the ELECTRONIC FRONTIER FOUNDATION'S important work and its fight against PREDATORY COPYRIGHT INFRINGEMENT LAWSUITS

AND IN ANOTHER PERTINENT CASE ABOUT PREDATORY, ABUSIVE COPYRIGHT INFRINGMENT CLAIMS:

Online Policy Group v. Diebold

"EFF helped protect online speakers by bringing the first successful suit against abusive copyright claims under the Digital Millennium Copyright Act (DMCA). This landmark case set a precedent that allows other Internet users and their ISPs to fight back against improper copyright threats.

In OPG v. Diebold, a California district court has determined that Diebold, Inc., a manufacturer of electronic voting machines, knowingly misrepresented that online commentators, including IndyMedia and two Swarthmore college students, had infringed the company's copyrights. EFF and the Center for Internet and Society Cyberlaw Clinic at Stanford Law School sued on behalf of nonprofit Internet Service Provider (ISP) Online Policy Group (OPG) and the two students to prevent Diebold's abusive copyright claims from silencing public debate about voting.

Diebold sent dozens of cease-and-desist letters to ISPs hosting leaked internal documents revealing flaws in Diebold's e-voting machines. The company claimed copyright violations and used the DMCA to demand that the documents be taken down. One ISP, OPG, refused to remove them in the name of free speech, and thus became the first ISP to test whether it would be held liable for the actions of its users in such a situation.

In his decision, Judge Jeremy Fogel wrote, "No reasonable copyright holder could have believed that the portions of the email archive discussing possible technical problems with Diebold's voting machines were proteced by copyright." In turn, Diebold had violated section 512(f) of the DMCA, which makes it unlawful to use DMCA takedown threats when the copyright holder knows that infringement has not actually occurred.

Outcome: In addition to creating the first caselaw applying 512(f) of the DMCA to remedy abusive copyright claims under the DMCA, Diebold subsequently agreed to pay $125,000 in damages and fees.

Under FEDERAL TRADE COMMISSION RULES, PART 436, DISCLOSURE REQUIREMENTS, any franchiser has a legal duty to disclose:

"16 CFR 436.2 (5)(n) ...any fact, circumstance, or set of conditions which has a substantial likelihood of influencing a reasonable franchisee or a reasonable prospective franchisee in the making of a significant decision relating to a named franchise business or which has any significant financial impact on a franchisee or prospective franchisee."

Learn more about Windermere's duty to disclose under FDTC Rules here.

For pertinent California franchise investment case law, click here.

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Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

Also read "REPORT FOR CONGRESS... FAIR USE ON THE INTERNET" or download .pdf version here:

"Copyright owners enjoy exclusive rights over the use of their protected work, but not without certain exceptions.1 These rights include the right to reproduce and distribute copies, prepare derivative works, and publicly perform and display the work.2 The unauthorized use of copyrighted material constitutes an infringement of these rights, unless the use is excused by a statutory exception. “Fair use,” one of these exceptions, is designed to permit the use of copyrighted works by the public “for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright".3

PARODY MATERIAL ALSO PROTECTED: "...use in a parody of some of the content of the work parodied.."

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National Real Estate Fraud Center Windermere Real Estate Case History: Windermere Freeland Agents Saul and Gabelein’s Abuse of a Vulnerable Adult

(Above L to R) 1: Utterly shameless liar and bully John W. Jacobi, Windermere founder and chairman who promotes "We are committed to... The highest ethical standards. Uncompromising honesty and integrity," but in reality—despite being presented hard evidence of dishonest, unethical Windermere misconduct—forces damaged and defrauded Windermere victims through years of ruinous, bankrupting litigation. When victims do indeed speak out, Jacobi falsely sues them for trade libel and defamation, tries to coerce the defendant into a "dark clause" settlement agreement through fear and intimidation, continues to prosecute the bogus action for years at enormous cost to the parties, then runs away and voluntarily dismisses his own lawsuit under Civil Rule 41, just prior to trial when the honest, innocent victim persists in refusing to sign away their speech rights. 2: Windermere general counsel, Paul S. Drayna, who spearheads illegal efforts to strip damaged Windermere clients of their speech rights. 3: Attorney John Demco of Windermere's Demco Law Firm, which prosecutes Windermere's anti-speech cases and unabashedly defends the most outrageous Windermere Realtor misconduct—no matter what it is. Demco is also a multi-franchise Windermere owner who defended his one-time mother-and-daughter Windermere Freeland/Whidbey agents, Samantha Saul and Linda Gabelein, about whom the court stated "...the Sauls and Gabeleins unduly influenced and exploited Emma."

(Above L to R) 4: Windermere-Demco Law Firm's lying lawyer, Matthew F. Davis—click here for review of Mr. Davis—who lies to courts and legal opponents alike in an all-out effort to win at any cost. In one particular case of note, Davis served a Windermere victim a lawsuit for libel and defamation, then emailed the victim not to hire an attorney! 5: L 'Nayim Shuman Austin, past Demco Law Firm attorney, ENDICOTT v. SAUL. 6&7: Samantha Saul and Linda Gabelein. 8: Barbara Mearing, current Windermere Freeland employee who got a $7500 commission from the sale of Emma's land: "Ms. Mearing testified that she was aware that the $150,000 sale price was low, but ‘not horribly low’. She also testified that the assessor’s values are not “spot on” and that sometime property sells for less or more than the assessed value. She said that it is always hard to estimate value but that she respected the fact that the seller gets to choose the price that he or she wants." The court later stated,"The court gives Ms. Mearing's testimony little weight."

DOWNLOAD THE COURT OF APPEALS PUBLISHED OPINION HERE.

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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

Windermere's Own Tenant-Landlord Principles...

Filed October 27, 2009: ORDER AND JUDGMENT ON ANSWER OF GARNISHEE AND ORDER TO PAY.

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WindermereWatch2.com

A Non-Profit Consumer Advocate, Reporting

Facts, Opinion, and the Vast Legal Record of

WINDERMERE REAL ESTATE,

America's Most Unethical Realtor

WINDERMERE SERVICES PART OF GRAND JURY/FBI INVESTIGATION IN CALIFORNIA...

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Windermere Desert Living

Office Address:

51350 Desert Club Drive #2

La Quinta, CA 92253

Office Phone: (760) 564-0021

Email: laquinta@windermere.com

Website: windermeredesertliving.com

Les Ryan

Owner

La Quinta

Mobile: (760) 564-0021

lesryan@windermere.com

Sandy Baker

Realtor Salesperson

La Quinta

Mobile: (760) 899-2424

slbtennis@aol.com

Ali Bly

Realtor Salesperson

La Quinta

Mobile: (760) 501-8065

ali@alibly.com

alibly.com

Monica Hammond

Realtor Salesperson

La Quinta

Mobile: (760) 401-2574

deserthomes4sale@gmail.com

www.LuxurySoCalVillas.com

Kasey Lund

Realtor Salesperson

La Quinta

Mobile: (760) 238-8725

Kaseylund@windermere.com

www.kaseylund.com

Riaz Shaikh

Realtor Broker

La Quinta

Mobile: (760) 574-7146

riazshaikh@aol.com

Joseph Woodley

Realtor Salesperson

La Quinta

Mobile: (760) 668-3520

jwoodley5555@gmail.com

Steven Zimarik

Realtor Salesperson

La Quinta

Mobile: (760) 987-9334

luxurysocalvillas@gmail.com

La Quinta Office

La Quinta

Mobile: (760) 564-0021

laquinta@windermere.com

windermeredesertliving.com

Windermere Brentwood

Office Address: Windermere Ellsworth & Associates 8290 Brentwood Blvd. Brentwood, CA 94513

Becky Rubino CaIBRE# 01953021

CeII/Direct:(619) 991-3456 Email: becky@rubino.us

73-725 PASEO DRIVE

PALM DESERT, CA 92260

Cory Calvin Cell/Direct:(303) 304-1166

Email: corycalvin@windermere.com Website:cory-calvin.withwre.coml

Rondi duPont Cell/Direct:(970) 401-0123

Email: rdupont@windermere.com Website:rondidup-ont.com

Chris Guillan

Cell/Direct: (970) 310-9357 Email: chrisg@windermere.com

Cathy Harris Cell/Direct:(970) 691-0368

Email: cathy@cathyharrisrealtor.com

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WindermereWatch2.com

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Insuring Windermere brokerages means insuring prior Windermere defendants...

Office Address:
Windermere Ellsworth & Associates
8290 Brentwood Blvd.
Brentwood, CA 94513

CeII/Direct:(619) 991-3456
Email: becky@rubino.us

Cory Calvin
Cell/Direct:(303) 304-1166

Email: corycalvin@windermere.com
Website:cory-calvin.withwre.coml

Rondi duPont
Cell/Direct:(970) 401-0123

Email: rdupont@windermere.com
Website:rondidup-ont.com

Cell/Direct:
(970) 310-9357 Email:
chrisg@windermere.com

Cathy Harris
Cell/Direct:(970) 691-0368