Canary et al v Coldwell Banker ---  buyer  v buyers brokerage (aka sub-agent for Broker of Record) 

1. Misrepresentation of Law and Process,  Anti-Trust, Racketeering - related to failure to obtain seller representation until after Contract Formation

   1. 1. Allow for / Promote Delivery of Representations of Seller to buyer AFTER contract formation - 

      2. We have our experience to show a "one off" of this process, however we have obtained a document during discovery that shows CB provides instructions to salespeople to collect TDS and SPQ after contract acceptance to have available for buyers at their inspections (that's what makes this an irrefutable corporate policy and class action. 

      3. Our transaction coordinator happened to be a 40+ year sales person who started the CB training programs. and it was under his direction this process transpired. That makes it a stronger case for institutionalized practice as well. 

2. Misrepresentation of Law and Process - inclusion of non-legally sanctioned  Transition Coordinators 

   1. 1. For scaling purposes, the corporate brokerages have been allowing sales people to act as "transaction coordinators" for other sale people in violation of statutes. 

      2. California has allowed "third party transaction coordinators" which is far worse....

Canary et al v Keller Williams  --- buyer v sellers brokerage( aka brokerage of record)

1. Misrepresentation of Law and Process,  Anti-Trust, Racketeering - related to failure to present seller representation until after Contract Formation

   1. 1. As sellers broker in our transaction they were the brokerage that held back the TDS and SPQ.  

2. Misrepresentation of Law and Process - Use of third party licensed (and unlicensed) people for transaction coordination - 

   1. 1. Keller Williams has been using Tracy Travaille of Travaille Transactions for third party transaction coordination (third party to the salesperson broker relationship)

      2. This is HIGHLY illegal and not supported by any statutes. 

      3. Travaille claims to have handled over 15,000  transactions. 

      4. While executing her duties she delivered three statutory disclosure docs after they were due and in a patently incomplete manner and then she facilitated demands to remove contingencies without completed docs.  The transaction closed without completed  representation statements of the seller and disclosures of teh sellers agent. Her behavior was like that of an illegal fixer and transaction confusion specialist at the same time. it kept all the attorneys away. 

3. Misrepresentation of Arms Length Relationships,   Antitrust and Racketeering - Scope of Broker Duties - 

   1. 1. KW Broker Duties Disclosure states they can provide references to service providers but they would not retain them or manage them. 

      2. In discovery we obtained order details from WIN home inspections and it showed Keller Williams sales person had ordered the report and it showed WIN tracked sales attributed to him as if he was their sales person / referral partner. 

      3. The WIN computer system could be used to identify all orders placed by Keller Williams salespeople or brokers and all Brokers and Salespeople for any other brokerage that orders from them as well.  

Canary et al v  CAR (California Association of Realtors)

CAR Approved a contract that suggests the TDS and SPQ are to be delivered after contract formation

CAR Approved a contract that suggests a buyer assumes responsibility for all defects, disclosed and not disclosed at time of condition contingency release as if disclosures and representations are not required prior to forming a contract. 

CAR Approved a contract with confusing suggestions for process and law in it, and the contrat then also includes reference to CAR's own  own  mediation company to resolve (illogical) disputes. 

Canary et al v  WIN Home Inspections (

Misrepresentation of Law -  Disclosures stating a prospective buyer could NOT rely on representations in the report (franchisor, all franchisees, local franchisee)

Violation of BPC 7195 - Failure to clearly report material facts and defects (missing a tabular summary) (franchisor, all franchisees, local franchisee)

Misrepresentation of Client - Failure to accurately represent who ordered and received the report (tied to the broker orders discussed in Keller Williams section.) (franchisor, all franchisees, local franchisee)

Misrepresentations of Engaged Inspector and Inspector Certification (Local franchisee only)

Combinations for Racketeering

Coldwell Banker and Keller Williams - allowed two non-sanctioned transaction coordinators to hold back the Representations until after a buyer formed a binding contract to purchase

Coldwell Banker, Keller Williams CAR - encouraged the use of contracts with improper suggestions for process and liability 

Keller Wiliams and WIN