1. My partner and I were buyers of an $895k home in Spring 2021 in Monterey Bay CA.  

2. The TDS (Transfer Disclosure Statement) and SPQ (Seller Property Questionnaire) are statutory disclosure documents with "representations" of the seller on them. 

3. The TDS is a 3 page document, the SPQ is a 4 page document, and they were brought into being in 1985 via CIV 1102.

   1. 1. The TDS and SPQ should be filled out by a seller and presented to the listing broker prior to engaging in a listing agreement so the listing Broker knows what the seller is selling and so he/she can support proper dialogue about pricing and marketing prior to engaging in a relationship.  

      2. If not filled out prior to creating a listing agreement, they certainly must be filled out prior to finalizing price and listing a home to ensure the broker knows what it is marketing. 

      3. The TDS and SPQ should be given to the Buyers prior to making an offer for consideration and reliance, because "that's what 'seller representations' are for".

4. Coldwell Banker, Keller Williams  and all other Brokers have been engaging in a long standing commercial scheme / hoax,  by holding back the TDS and SPQ from Buyers until AFTER  a contract is formed. Imagine this dialogue and then imagine, it's not far fetched in California...

   1. 1. Potential Buyer - "Does the hot tub out back go with the property and does it work?"  

      2. Buyers Salesperson - "I don't know.  If you make an offer on the property and it gets accepted, we'll find out when we get their TDS"

5. The behavior is "bat-shit-crazy" at face value, but the brokers and salespeople have seemingly been doing it since 1985. 

   1. 1. At this time, we can only presume any honest attorneys who learned of this inverted business practice were simply so confused by it they didn't know how to address it.  

      2. At this time, we can only presume the honest but confused attorneys presumed the brokers must have had some obscure legal support or seriously nefarious defense strategies for the "bat-shit-crazy" behavior, and they realized fighting the largest Brokerages within the constraints of professional legal conduct was a losing battle.   

6. We've engaged in a lawsuit with our Coldwell Banker Transaction Coordinator and 8 other transaction related participants. 

7. We've forced written dialogue with the Coldwell Banker Attorney (an Anywhere Real Estate in-house Attorney), and others which shows they do NOT have any proper legal basis for the company / industry policy related to holding back representations of sellers until after ratifying a contract.   

   1. 1. For support of their inverted practice, the Anywhere Real Estate Attorney has used a debatable statement for delivery in CA 1102.3 related to title transfer timing,  while ignoring a statement of fact in the residential purchase agreement in Clause 13B that clarifies proper delivery timing in context of CA 1102.3 instructions.   

      2. They have also been ignoring instructions for "practicable" behavior in 1102.3 

      3. HOWEVER, the key to unlocking this that avoids the title transfer confusion, is the over-arching instructions in CIV 1102.8 which state nothing about instructions for delivery in 1102.3 should override any requirements to properly "represent" to avoid "misrepresentation". 

      4. Thus, we need to review exactly what "representations" are and exactly when they are due -- in an almost a childlike manner given this has all been so convoluted -- and that's where this behavior by Coldwell Banker and their legal department comes unraveled quickly.  

8. To understand "representation law", "misrepresentation", and the long standing fraud in this scheme, only one question needs to be asked and answered... 

   1. 1. "When was a contract made / formed / created ? "

9. Thankfully this contract has a definition for "Acceptance" that is perfectly aligned with the definition for "Acceptance" in the CA Code and Statutes, which defines contract formation at the time of "Acceptance" which is the time all seller and buyer signatures are on the offer or counter offer and it's clear, that Acceptance must transpire "unconditionally".  

10. Thus for "representations" to be "representations", as opposed to statements of material fact provided after they were useful for understanding what was being contracted on,    the TDS and SPQ had to be delivered to buyers during their Bid Consideration process, just as all who are still thinking clearly would have expected to start with. 

    1. 1. From our perspective, this has been a massive commercial hoax run on the buying public with driving force from the largest corporate brokerages since 1985.  There are numerous possible motives for implementing it and numerous benefits to them today for continuing the practice. 

       2. While this pales in comparison to the vaccine hoax that's been run on the public since the pharma companies were given full immunity in the 1980s and it pales in comparison to the NASA hoax, this one is still not small at all. 

       3. We estimate 1 Trillion $ or more in CA real estate transactions may have transpired with an inverted processes for representation statement delivery , BUT WAIT, theres MORE!!

1. During this exposure process, we have exposed a lot more than just this fraud... 

   1. 1. During this process we have also exposed the use of illegal transaction coordinators, which helped corporate brokerages scale in a manner that was not and is not legal. 

      2. During this process we have also exposed an improper association(s) between Brokers and a national home inspection company who has gone a few steps too far in using the Brokers as salespeople for their organization.  

      3. During this process we have also identified excessive confusion in the three contracts in use in CA. The one we used was "approved" by CAR (the California Association of Realtors) but not warrantied in any transaction -- and in that contract template, CAR advertised their  dispute resolution services to resolve illogical disputes they created, AND those transpire under full confidentiality, so no one knew what was going on. We also identify the only CA Attorney who sits on all three contract review board in CA, and brags of that role. She is an ex Coldwell Banker in house Attorney who worked in the same office as the far younger Anywhere Real Estate Attorney who has been involved in this exposure. 

Please see the other pages on this website. Please reach out with questions or interest.