CA-Brokerage-Racketeering-2024

12/14/2024 - First Launch // 11/22/2025 - Second Launch

This website exposes Coldwell Banker, Keller Williams, and all other California Real Estate Brokerages and Brokers for engaging in a long running Racketeering Scheme, formally dating back to 1985. It also exposes California Attorneys, Legislators and Judges as being "in on the game" as well.

=== California Real Estate Brokers ===
California Real Estate Brokers are using Contracts generated by their own Brokerage Association with no proper 3rd party or state oversight that have inverted instructions for representation and disclosure document delivery process.

California Brokers are then getting Buyers to make offers and get them accepted before there is mutual understanding of material fact between the parties (between the buyers and sellers).

This situation results in a "not contract contract formation process" because no contract can be properly formed prior to mutual understanding of material fact by the parties per CA statute, common law and what should be common sense.

California Brokers, when asked about the inverted instructions, suggest the contract instructions are lawful instead of using law to expose the faulty contracts.

=== California Attorneys and Legislators ===
California Attorneys who should have been calling out the inverted instructions with ease, given they are related to the formation of any contract, not just real estate contracts, have been profiting from the confusion and chaos and concealing the problems instead, for personal gains.

In fact, it required a lot of Attorney involvement in initial belief manipulation to get this scheme rolling, and it required coordinated Attorney involvement in the California legislative process to put this entire scheme in motion.

Eventually, some may see it as having been a fully Attorney driven Scheme with Brokers just playing along under cover given the Attorneys made it the only way to play.

=== California Judges ===
California Judges, all of whom had to be Attorneys for 10 years before qualifying to become a Judge, as part of new rules put in as this racketeering scheme was hatched, have also been turning a blind eye for many, many, many probable reasons.

=== Historical Analysis reveals a Scheme Architect with Military Intelligence background dating back to WWII ===
Historical analysis exposes commercial moves starting the early to mid 1970s that put this in motion. Via deep research with Grok (AI), we've been able to identify a single Attorney who may have been the legal architect of this modern scheme. When we track his history back, what we find deep connections with the Stanford Law School, connections to Pepperdine Law School, connections to Lyndon B. Johnson as an Assistant AG, a pattern of "legislative confusion for profit" for over 30 years prior to hatching this scheme, and intelligence connections and service during WWII.

=== Historical Analysis exposes an expungement event in the late 1970s that would have forced Ethical People out ===
A singular, unregulated commercial shift by the Multiple List Service (the MLS) in the late 1970s may have been the first big "push out" of the more ethical people in the industry. Since then, it's been a downhill slide and 50 years is a very long way to slide without correction.

=== Summary ===
This racketeering scheme has been an open secret in the California Brokerage Industry and the California Legal Lobby for many decades.

California Brokers with the blind eye of Attorneys and Judges are robbing home buyers rights of rights to mutual understanding, reliance, and properly formed contracts in what is one of the largest events of most people's lives.

While some may view this just as a "massive fraud", others who read the US Founding Documents in more detail while looking into the largest beneficiaries of this which would be known to many may view it as "treason".

Where do you fall?

A THREE BULLET SUMMARY...

BULLET 1 - The TDS (Transfer Disclosure Statement) and the SPQ (Seller's Property Questionnaire) are 7 pages of statutory disclosure documents created via legislation in 1985. They that are to be filled out by a seller and given to the Selling Broker at time of property listing. This is how the seller "represents" the As-Is Condition of their property to a Selling Broker first, and a Buyer's Broker and Buyer second. The Selling Broker then must provide these documents and facts to the Buyers Broker and/or the Buyer prior to offer generation in order to satisfy one of four statutory bases for forming a Contract in California. Parties must have mutual understanding to form a contract. Yet the Sellers Brokers are holding them back and the Buyers Brokers are playing along with the game by suggesting it's all proper because the Contract generated by the Buyers Brokers and the statewide Brokers Professional Association suggests it's proper. This isn't just "bad", it's evil, and some true Constitutionists might view it as treason if they realized the overarching driving force may have been British in nature and known to those profiteering from the schemes.

The purpose and function of the TDS and SPQ are, in fact, stated explicitly on the 1st page of the TDS and the 4th page of the SPQ. That is shown below with highlighted text.

TDS Prose on Page 1
"The Seller Discloses the following information with the knowledge that even though this is not a warranty, Buyers may rely on the information in decideing whether and on what terms to purchase the subject property". -- "THE FOLLOWING ARE REPRESENATIONS MADE BY THE SELLER".

The TDS is a 3 Page Document. view

SPQ Prose on Page 4

"The Seller represents the Seller has provided the answers, and if any explanation and comments on this form and any attached adenda, and that such information is true and correct to the best of the Seller's knowledge as of the date signed by the Seller".

The SPQ is a4 page document view

The TDS covers property basics like the status of exhaust fans in the kitchen and fireplaces and it explicity asks if any items addresses "are not in operating condition".

it gets very detailed into property condition...

The SPQ focuses soley on the property and in a lot more depth than the TDS.

NOTE: all questions are supposed to be answered either Yes or No.

Leaving them blank is not allowed.

With the TDS and the SPQ a Seller is supposed to honestly and accurately "represent" the As Is condition of the property to their Selling Broker, the Buyers Broker (if any), and the Buyers, for consideration.
Such facts can only be called "respresentations" or "disclsoures" if delivered for consideration prior to accepting an offer.

If delivered after they are simply material facts that could and should expose a Buyer to claims for negligent or fraudulent misepresentation due to omission.

BULLET 2 - Just so we get it all right, let's just get a formal definition of "Representation" in context of any "contract", not just a real estate contract, to make sure you understanding of "representations" are crystal clear before the racketeering is exposed...

For easy reference think of representations as being related to Advertising and Product Labeling.

False Advertising Claims are "fraudulent representations" , "representation fraud" and/or "fraudulent misrepresentation".

HINT: The seller of a home is selling a product. The seller of a home has to "represent" what he is selling via his ads and his "labelling" which he/she does using the TDS and SPQ.

A failure to represent any information at all defaults to the declaration he/she is selling a perfect product without any defects, and that is never the case with a used home.

The function of "representations" and "representation statements" and "disclosure documents" containing "representation statements" on them should be the bread and butter or Licensed and Regulated Real Estate Salespeople and Brokes, right?

So how are they getting it all backwards?

Where's the Legal Oversight? Where's the State Regulatory oversight?

Why are the Brokers allowed to publish their own Contracts that tell buyers and sellers to do things out of order for purposes of totally destroying the "not contract" creation process?

BULLET 3 - The California Brokerage Racketeering Scheme exposed...

Instead of presenting the TDS and SPQ to potential buyers during their bid consideration process, so buyers can review the "representations" of the Seller, the brokerages are actively engaging in practices with each other that prevent buyers from receiving the TDS and SPQ until AFTER a contract has been formed.

To be clear, if the seller knew the roof leaked in winter and they wanted that to be known to the buyer, and they stated that clearly to the Broker of Record in writing on their TDS and SPQ when seeking support listing the property, the Broker of Record (the Seller's Broker) and its sub-agents (Buyers Brokers) are telling Buyers they are not due that information until AFTER forming a binding agreement to purchase, with a defined price and a deposit check given to the seller.

Does that Sound "bat sh-t crazy" to you, too?

The document to the left was obtained via a Document Demand in a lawsuit against Coldwell Banker.

This document is a set of instructions the most Senior Coldwell Banker Salesperson Trainer provides to inexperienced sales people to tell them how to handle buyers in a transaction.

In the line above the WTF, next to the SPQ and TDS references, it states,

"Ask listing Agent to provide all Seller's Disclosures for Buyers receipt at inspection, "

BUT, inspections happen days or weeks after a contract is formed, and if you read the top of this page, that is the timing they are in fact promoting here in writing too.

And with this, they are brainwashing inexperienced buyers agents into violating their own buyers foundational rights to mutual understanding prior to forming a contract.

The email below is from Peter Whyte, a Coldwell Banker Salesperson and the Person who created the Coldwell Banker Salesperson Training Program in Beverly Hills CA in the early 2000's. Our Salesperson was one of Peter's new trainees.

Peter is giving them a course on what disclosures should be attached to the RPA (Residential Purchase Agreement aka the Contract) when submitting offer.

Can you imagine Peter didn't care at all about making sure we got Representation, Disclosure and Condition Statements from the Seller prior to forming a contract, BUT he wants to tell all his trainees about what county disclosures need to be included when making an offer?

Peter started in real estate in the late 70's. He spent time at the Fred Sands Brokerage in Beverly Hills with Kathy Mehringer. Peter is responsible for forming and running the Coldwell Banker Training Program in Beverley Hills for over a decade. Peter was the Mentor that was assisting our inexperienced agent with our Transaction. Peter is the one that oversaw our inverted TDS and SPQ delivery process.

THE CREATION AND USE OF FALSE BELIEF SYSTEMS and BRAINWASHING for COMMERCIAL GAINS

When we sought to purchase a home in California in 2021, this fraudulent belief system was forced upon us by Coldwell Banker and Peter Whyte.

We had no choice but to play along with it given Coldwell Banker and every other broker controlling the marketplace was playing by the same rules and there was no other "brokered marketplace" to participate in.

During our purchase, were exposed to a "fix up and disclosure fraud scheme" orchestrated by a Seller's Agent that was operating under the umbrella of the document delivery fraud scheme -- the theory everyone engaged in to defend themselves was that CA didn't require representations prior to contract acceptance, yet none could explain when and how a contract is formed without mutual understanding -- and later, none could rectify their behavior with the Jue v Smiser 1994 Case precedent that was only needed because the logical wheels had fallen off the train in 1986.

For them it was as if they wanted Case Precedents and centuries old Common Law be damned. "Go Pound sand " they suggested.

Everyone was running fraud including the Attorneys.

Our Experiencde in a Nut Shell exposes a need for Nut Farms to manage all the Nuts.

We bought an $895,000 property originally built in 1967. The thing was filled with warts and blemishes but it was also filled with defects not visible during walk throughs that needed to be represented BEFORE we made a binding offer to purchase.

The Keller Williams Broker did not post the TDS and SPQ in MLS, as is an option.
The Keller Williams Broker and his Salespeson did not offer the TDS and SPQ when asked four times for all disclosures the Seller wanted to share prior to forming a contract.
Our Coldwell Banker Salespeople told us this was normal for California transactions.
When the TDS and SPQ were delivered to us 2 days after forming a contract in a patently incomplete manner, with answers to important questions like knowledge of mold and water management issues patentably blank, we were told by Peter Whyte and a Coldwell Banker Broker, Christina Morales, that was just part of the process if the seller wanted it to be. A Coldwell Banker VP and Licensee got involved. His name was Alan Scearce. He expressed no outward concerns either although we've discovered an email in escrow which revealed his shock to the delivery of patently incomplete documents -- but that[s small compared to decades of transaction execution's out of order.

Do you really think we should have been told the condition details that the seller wanted to disclose AFTER we had formed a binding contract, after we had written a check for a 9k deposit and as we were showing up for our home inspections?

This is an example of corporate brainwashing. Many people who have been engaged in small business their entire lives will struggle to wrap their brains around this initially.

It will take time to imagine that fellow citizens are so desperate for money and commercial opportunities that they gave up their logical thinking skills and concerns for others at such a deep level.

This is the type of stuff that gives rise to thoughts of a need for "re-education camps"

This is an example of Corporate Brainwashing.
Peter has been involved in this at some level for over 50 years.
The United States does not currently have Causes of Action for Brainwashing. The UK does. and for good reason.
The UK and many other European and Asian Countries protect themselves from the Commercial Gypsies that took over this land , and this land's legal system a long time ago.

That's what makes this all so much worse and very awkward now,
because they all just got called out for Brainwashing on a massive scale.

For clarity, it was the "gypsies and jews" that gave rise to commercial problems in Germany before WWII.
Not "just Jews", but most have no clue who the Gypsies, how they operate, nor where they are hidden now, which is all over the California Commercial system from top to bottom and bottom to top.

The TDS and SPQ - Documents that contain "representations" for a Seller

The TDS (Transfer Disclosure Statement) and the SPQ (Seller's Property Questionnaire) are two statutory disclosure documents that are intended to help a seller with the development of proper Disclosure Statements (aka Representations) for their property. Such statements identify material facts and defects with the property they are selling for purposes of defining the "As Is" condition. When selling a home "As Is", that doesn't mean what a seller finds, is what they get, it means it's being sold in the "As Is" condition represented by the Seller and these documents are supposed to make the process easy.

The TDS is a 3 Page Document. view

The SPQ is a 5 page document view

The TDS in more detail...

The image to the left is the top of the first page of the TDS. There are three red numbers noted on the image...

Item 1) "THE FOLLOWING ARE REPRESENTATIONS"

item 2) "THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF A CONTRACT"

Item 3) "Inspection reports completed pursuant to the contract of sale or receipt for deposit"

==================================

Item 2 could be a bit confusing. This can't be part of a Contract as it was filled out and signed before any contract was created and in the case of a Brokered Sale, this is what the Seller was representing to the Broker of Record first and foremost, as the Broker of Recor would need this to assist with pricing and marketing.

The reason they are NOT part of a contract is that they represent a class of law that is separate to itself specific to "representation" and "misrepresentation" law.

The bottom of the 1st page details features of the home and it allows the Seller to inform a potential buyre of any of the items noted as part of the home above that are not operational.

In this case the seller notes the heating system control on the hot tub may not be working. that could be a small item or it could be over $1000 so it's good to know that before making an offer.

Top of the 2nd page includes some information that could be minor or could be costly. That needs to be taken into consideration.

Contract Clause 14A and the Footer on page 10...

There is an entire website dedicated to the problems with the contract. In fact there are several.

One can be found at: https://car-contract-fraud-2023.bryancanary.com/

Clause 14A states a seller has 7 days after (Contract) Acceptance to Deliver to buyers all Reports, disclosures and information. it goes on to suggest that if Seller has not delivered expected documents Buyer can Cancel the "agreement" which is in fact synomous with the word "contract" per the document itself and statutes. So in this one paragraph they are stating 1) a contract was formed because it's cancellable and 2) the buyer has no clue what they contracted on...

Questions for you...

Should you know the furnace doesn't work before or after placing a binding offer?
Should you know the yard and crawl space floods in peak winter rains, with annual clean up costs, before or after binding offer?

And then there's the Foot on page 10...

The footer on the bottom of page 10 of the Contract Template in use by Coldwell Banker and other Brokers states "THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATOIN OF REALTORS (CAR)."
However it then goes on to state, "NO REPRESNATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION OIN ANY SPECIFIC TRANSACTION".

WTF. Who does that? What exactly were they smoking when they wrote that -- or worse yet -- what exactly were they feeding the masses to have allowed this charade to go on for decades?

Does that make you feel good?

What is being exposed here is a 40 year Criminal Enterprise put in motion by Attorneys who were Legislators in CA and then acted upon by Brokers and Sales People across the state who seemingly had worked for approximately 10 years to get this fraud "into the statutes".

The "they" that put this in motion and the "they" that hs been executing it is in the 100,000's if not Millions of Californians' on fellow Californian's who had to trust them to try to do once in a life time acts.

And until those who think the remaining "middle class people" are "generally good" can get their brains around that,
CA and the rest of the US will continue in free fall.