Realtor Sucks - Exposing NAR - the Great Real Estate Hoax. Real Estate Industry Whistleblower Crystal L. Cox - Exposing the Real Estate Cartel NAR one Set of Eyes at Time. Email Crystal L. Cox Broker Owner for Montana Real Estate Services, NON-NAR.
And You Believe that an NAR Member Offers you
More Protection in your Real Estate Transaction
When In Fact that is a Flat Out Lie.
I don't Need a Corrupt, Spineless Attorney. I Will File Criminal Charges based in Law and NAR breaks the LAW every Single Day... in every town... internationally..
coming soon..
Read more...Dear Patrick Killelea: Did you have an opportunity to review the request I had made to you in October regarding your improper use of the term REALTOR®. http://link.brightcove.com/services/player/bcpid1785312249?bclid=1683773745&bctid=677609662001 Once again, I am requesting your confirmationn that you understand this matter and will remove our membership marks from your logo and website. We would appreciate your cooperation. —– Forwarded by Trademark/Chicago/National Association of Realtors on 11/23/2010 03:27 PM —– 10/07/2010 03:21 PM Subject: Improper Use of the REALTOR Marks – Patrick.net Dear Patrick Killelea As the trademark administrator in the legal affairs division of the NATIONAL ASSOCIATION, your website Patrick.net was brought to my attention by one of our Members for its use of the REALTOR marks in the logo you are using on this site as well as the content. I have attached a copy of the logo below. I wanted to make you aware that the terms REALTOR, REALTORS, and REALTOR-ASSOCIATE, as well as the REALTOR block “R” logo, are all federally registered collective membership marks owned by the National Association. To eliminate this potential source of conflict, we would appreciate your cooperation in revising this logo to eliminate the use of the membership marks. Many times this is as simple as substituting an appropriate job title for the term being used, for example, real estate broker or agent can often be used without making any other changes to the text. We are attempting to track our efforts in connection with the Internet and request that you acknowledge your understanding of this request for your cooperation and provide us with your estimate of when we can expect to see your site updated. Our e-mail address is trademark@Realtors.org. Mary Newill, Trademark Administrator Hi Mary, Let’s say I were criticizing McDonalds. Would I be forbidden to use the word “McDonalds”? How else would people know what I was talking about? Note that your reply will be publicized on my website. Patrick KilleleaThe National Association of Realtors makes NO Effort to Stand Up for Real Estate Consumers. As a Broker Owner I went to NAR over and over about Corruption and Ethics Violations of "Realtors" and The National Association of Realtors Local, State and National DOES NOTHING.The National Association of Realtors has Ethics on top of Ethics and Claims to Be of a Higher Standard However NAR is NOT of a Higher Standard and Does Not Hold "Realtors" "NAR" members accountable for the harm they do to the Real Estate Consumer.NAR Top Economist Tells Consumers to Buy in a Time of Collapse, as was the Cendant Cartel (Sotheby's, Coldwell Banker, C21) - NAR has not accountability for Flat Out lying to consumers .. Ads, Billboards.. BUY .. Buy .. Buy.. Good Time to Buy.. Thing is.. IT was NOT and NAR knew it.. When we Blog about NAR Corruption, Anti-Trust Violations, Breaking the Law, Violating Public Trust - When We Expose the TRUTH about the National Association of Realtors Mary Newill, NAR Attorney Emails us and Threatens us With Trademark Violations. The ISSUE of ruining lives, breaking Anti-Trust Laws, Violating the Sherman Act Daily, Discrimination, Non-Disclosure, Failure to Disclose Adverse Material Fact, Flat Out Lies that "Bad Realtors" tell ... well all that does not seem to be of ANY importance on the NAR Cartel Agenda of Things to Do.. See Law Books, Court Cases and the Public In General Uses the word "Realtor" as a Synonym for Real Estate Agent or Real Estate Broker - yet Mary Newill Tell me that it is ILLEGAL to use the WORD "Realtor" as a Synonym for Real Estate Agent or Real Estate Broker.Mary Newill Forced me to Loose Hundreds of Domain Names with Realtor in the Name and I was then an NAR member, then when I quit NAR - Mary Newill got on my case saying it was a Trademark Violation because I was NOT a "Realtor" "NAR Member" ... Double Standards, Bullying Real Estate Cartel - NAR is only harassing NAR Whistleblowers to PROVE that they Do Not Violate Anti-Trust Laws Daily when they do.. See .. they have to PUSH the Crazy Illusion of a "Realtor" is Way Different then a Real Estate Agent or Real Estate Broker - The Dept. of Justice Requires this, because otherwise it would be Mandatory for a Real Estate Agent or Real Estate Broker to be a "Realtor" and they claim you don't have to join - but hey if you don't we will ruin your life, harass you and run you out of business.. So Mary Newill Stay at her Huff and Puff .. Can do NOTHING yammering to STOP Bloggers from Exposing NAR... NAR needs to change everything about they way they do everything and yet the big issue is whether I can Pronounce R-E-A-L-A-T-O-R Correctly and whether I use the Word "Realtor" when I am talking about "Realtors" ... There Really is Bigger Issues NAR.. You Break the Law Daily and Violate the Rights Of Real Estate Consumers and I For One as the Self Proclaimed "Real Estate Industry Whistleblower" will Expose Every secret that NAR has had for over 30 years... ALL Of them.. So Keep Yapping that I Use the Word REALTOR.. and well I will keep doing it.. The TRUTH is the Truth and the LIE will NOT become the TRUTH on My Watch... here is the Latest Blogger Attack by The National Association of Realtors and hired Real Estate Cartel THUG Mary Newell.
******"...Wow, I just got an email from a lawyer for the Realtor cartel telling me that I may not criticise them by name! Doesn’t the first ammendment to the consitution protect my right to speak freely?
Here’s the email and my response. I will post everything about this here.
I am including a short video that we use to educate the staff on correct trademark use. This information can easily be applied to any trademark as it is important that they are not used generically if the trademark owner wants to retain their trademark.
As you can see by my correspondence the Association is concerned over the improper use of our Marks by nonmembers and we do write cease and desist letters to anyone we come across misusing this term.
Sincerely,
Mary Newill, Trademark Administrator
Legal Affairs Division
NATIONAL ASSOCIATION OF REALTORS®
Trademark/Chicago/National Association of Realtors
Collective membership marks are a type of trademark which, rather than indicating the source of a product or service, identify the user of the membership mark as a member of a particular group, in this case the National Association. Since this term is a membership mark, and not all real estate licensees are entitled to be identified as REALTORS, we respectfully request that this term never be used generically as a synonym for all real estate agents/brokers/salespersons.
If you would like to read more about trademarks and the rights of trademark owners, there are a number of sites on the Internet, which address this topic.
Thank you for your help and we look forward to receiving your reply.
Legal Affairs Department
NATIONAL ASSOCIATION OF REALTORS
430 N. Michigan
Chicago, IL 60611-4087
no, I definitely did not get any previous email from you. But more importantly, are you telling me that the first amendment does not protect my right to criticize the realtor cartel by name?comments on "Realtors attempt to deny patrick.net first ammendment protection"
More on Corruption and Fraud in the Real Estate Industry, Supported by and Lobbied for By The National Association of Realtor.
" I submit this complaint against realtors Jackie A. Nolen of Selling paradise realty, Cape coral, FL and Phillip Morris of Wonderland realty, Cape Coral FL.The subjects of this complaint concern the acts of knowingly providing confidential client information to a 3rd party without written authorization in addition to knowingly providing misleading information as to the condition of the subject property. The following information provided occured during the process of my purchasing a property in Cape Coral, FL.
During the time period when I was allowed to do an inspection of the property, I was working out of state and my fiance was undergoing cancer treatment at University of Miami. Subsequently we were both unable to do our own inspection of the property.
At that time Jackie Nolen offered to me an Inspection Report that she had from a previous buyer that I would be able to purchase with the consent of said buyer at a discounted price. She said the report was from a reputable inspection company that had been done only a month prior to my contract on the house.
To me, it seemed that this was a valid option, so I decided to use this report as an indication of the condition of the house and would base all negociations with the seller on this report. The seller agreed to fix all of the problems contained in the report prior to closing, and Mrs. Nolen agreed to do the the final inspection in our absence.
The day of closing, Mrs. Nolen Met the representative of Kross Home Inspection and verbally reported to me that the inspector had completed the inspection and all of the problems had been fixed. She would then send me a copy of the inspector’s findings via e-mail. Based on her statement, I proceeded with the closing. When my fiance moved in however, she found the problems had not been fixed and several other severe problems were discovered. We were very upset at the condition of the house and qestioned Mrs. Nolen as to why the problems had not been fixed.
She replied that she was still waiting for the inspector’s report to find out what he had written. Several days later I received the report from Mrs. Nolen to find that the inspector did indicate the problems had not been fixed and Mrs. Nolen had lied to us concerning his findings so I would proceed to closing.
Subsequently, in trying to find out more information on the inspection report, I contacted the inspection company directly. To my dismay, I was told that Phillip Morris (listing agent) and Jackie Nolen had not contacted the previous buyer for permission to use their report and that the previous buyer was extremely upset to find out that they had given the report to me. I was also told that Mrs. Nolen had not informed the inspector or the inspection company that the re-inspection was for a different buyer and not the original buyer as they had thought.
In my dealings with Jackie Nolen, I have found her to be an untrustworthy realtor. There are several other instances were she Lied to My fiance and me, but the instance above has caused us the most harm. We are faced with $30,000 in repairs to a house we never would have purchsed if Jackie Nolen had not lied to us.
Sincerely,
Christopher Hey.
Article 1
When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. (Amended 1/01)
# Standard of Practice 1-9
The obligation of REALTORS® to preserve confidential information (as defined by state law) provided by their clients in the course of any agency relationship or non-agency relationship recognized by law continues after termination of agency relationships or any non-agency relationships recognized by law. REALTORS® shall not knowingly, during or following the termination of professional relationships with their clients:
1. reveal confidential information of clients; or
2. use confidential information of clients to the disadvantage of clients; or
3. use confidential information of clients for the REALTOR®’s advantage or the advantage of third parties unless:
1. clients consent after full disclosure; or
2. REALTORS® are required by court order; or
3. it is the intention of a client to commit a crime and the information is necessary to prevent the crime; or
4. it is necessary to defend a REALTOR® or the REALTOR®’s employees or associates against an accusation of wrongful conduct.
Information concerning latent material defects is not considered confidential information under this Code of Ethics. (Adopted 1/93, Amended 1/01) "
Per .. Real Estate Consumer...
Got a Tip on a Rogue, Lying, Non-Disclosing REALTOR ?
eMail me at Crystal@CrystalCox.com
Who Protects Mike Workman's Corruption as a Eureka Montana Real Estate Broker?
Well Judges, his Attorney being friends with your Attorney, Mike Workman C21 Eureka's E and O insurance sure goes along way at shutting you up. Though Mike Workman was proven as knowing Latent Defects, Known Facts that Affect Value - Quality of Life ... and Known Adverse Material Facts.... Proof Mike Workman knew issues with Eureka Montana Homes and Yet Lies over and over to rake in the big bucks... over a decade of stories I heard and ended up keeping to myself as NO One Listened.. Stories of people living in garages, Stories of Pam Flowers Flat Out Fraud and Mike Workman saying I don't Care, she is making me money and that is all that matters...
The MLS, Northwest Montana Association of Realtors protected Mike Workman as Director Kathy Schulte was quoted as Saying Mike Workman was "Dreamy" - she would call him and warn him of pending lawsuits... ones that ruined lives.. and he would change files, make inspections disappear, and create an illusion before discovery..
Mike Workman is what is Known in Eureka Montana as a Good Ol' Boy, so he committs a crime and you do the time.. you give all your money, your quality of life. .you live in your garage.. you lose everything and he gets off with no financial damages, no criminal charges.. though he broke the law.. Attorneys like Cory Laird protect Mike Workman for some reason. .why who knows.. but Mike Workman flat out lies, you have proof and no judge or legal proceeding makes him pay for the damage Mike Workman C21 Eureka Montana did to your life or your pocketbook...
Got a Tip on Mike Workman C21 Eureka Corruption?
Crystal@CrystalCox.com
Oh and LOTS more Coming Soon on this ONE..
Count on it..
Got a Tip or a Story on Michael Workman - Mike Workman C21 Eureka Montana Real Estate Corruption or Michael Workman - Mike Workman Century 21 Eureka MT Real Estate Fraud?
How has Michael Workman - Mike Workman C21 Eureka Montana Real Estate Broker Ruined your Life, Lied to You, Failed to Disclose to YOU?
Email me your Michael Workman, Broker Owner - Mike Workman C21 Eureka Montana Real Estate Story to me Crystal@CrystalCox.com
Real Estate Complaint filed with the Consumer Affairs Division of
the Indian State Attorney General's Office in 2009.
""Stacey Keirnan, Broker/Owner
Home Run Realty
11647 Fox Road
Indianapolis, IN 46236
Pat Burger, GRI, realtor
Buyer and Transaction Specialist
Home Run Realty
11647 Fox Road
Indianapolis, IN 46236
Julia Woolard, realtor
FC Tucker
28 Yorkshire Blvd. E
Indianapolis, IN 46229
We welcome rebuttals from any of the three realtors named in this complaint. All we ask is that they attempt, if possible, to actually tell the truth. Statements made in this compaint are backed up by emails or other documents from Keirnan, Burger, Woolard or Woolard’s assistant. Any conversations referred to were made in the presence of both my husband and myself.
We are hoping by filing this complaint that any one considering doing business with Home Run Realty or Julie Woolard of FC Tucker will reconsider that discision.
In June, 2007 we signed an agreement with Davis Homes LLC to build a new home. At that time, we also signed an agreement with Kevin Elson, president/ owner of GBO Realty. The agreement stated that GBO Realty would buy our home for an agreed price if our home had not sold by the closing date of our new home.
As part of our agreement with GBO Realty we had to list our home with FC Tucker using a listing agent named Julie Woolard.
We were not allowed to hire our own realtor. We were not comfortable with her but our only other choice was to put our home on the market and hope it sold by the date our new home was done. We thought that was too risky.
Our home was listed on July 1, 2007.
On July 15, 2007 we received an offer from Haley Raber Hilliard and Jaison Hilliard with a closing date of August 20, 2007. The sale of our home was contingent on the sale of their home.
The Hilliard’s were represented in the sale of our home by Stacy Keirnan, owner/broker of Home Run Realty.
Initially, we were very hesitant to accept the offer as the Hilliard’s were demanding that our entire home be recarpeted no later then August 1, 2007. Despite negotiations, they also refused to give us more then 48 hours to vacate our home which would result in us signing a lease for temporary housing before the closing date.
Our closing was set for 4 p.m. August 20, and we would not be able to sign the lease for our temporary housing until 9 a.m. August 21. We had to be completely vacated from the property no later then 6 p.m. August 22. There was no way we could move ourselves from a two-story, four bedroom home in that amount of time.
We were unable to afford the cost of movers because of the HIlliard’s demand for new carpeting. We had spent our moving money to keep our demanding buyers happy.
I do not wish to give the name of the HIlliard’s buyer or her realtor. I will just refer to her as Mrs. B. She was represented by her daughter, a licensed realtor. Despite what we were later told by Keirnan, Burger and Woolard, Mrs. B and her daughter did nothing wrong.
Because of the excessive demands of the Hilliards, I ask Woolard if a letter of approval from a lender existed for both the Hilliards, and the buyer of their home. Woolard claimed that lender approval letters existed for both our buyer, the Hilliard’s, and their buyer, Mrs. B. I asked if the letters were specific, if they contained a date and the amount of the mortgage and address of the property. She was very emphatic that these letters existed.
My husband also witnessed this conversation. We were told by Woolard that there was no problem concerning the Hilliard’s and Mrs. B’s ability to receive financing and that unless one of our buyers did something stupid before closing our home would close as scheduled.
I asked in the presence of my husband if she had seen the letters. She said that she had. That was lie No. 1. Lie no. 2 was when I then asked if we could see the letters. She told us that because of privacy issues that was not possible. We accepted the Hilliards offer and their conditions based COMPLETELYon our belief that Woolard was telling us the truth when she said she had seen the lender letters.
Woolard lied to us. She could not have seen a letter for Mrs. B because no letter existed. She never received mortgage approval although it was over a year before we found this out.
Further more, she also lied to us when we requested seeing these letters. We were told by an attorney that we could have seen the letters with written permission from our buyer.
We had several conversations with Woolard after accepting the Hilliard’s offer and we were told that everything was proceeding as scheduled.
We ask if there were any problems with the title search by First American Title and were told that everything was ok and that there was no reason we should not close on August 20.
Unfortunetely what we didn’t know was that Mrs. B. had been denied financing due to insufficient income. Kiernan was notified the last week of July, 2007. We were never notified.
During these conversations we were told that either Woolard or her assistant were in daily contact with Pat Burger. We were told by Woolard that Burger was in daily contact with Mrs. B’s realtor and everything was proceeding normally. We were continually reassured that everything was fine.
Believing that our home would close on August 20, 2007, we recarpeted our home as a cost of appr. $1600.00 completing it around August 2, 2007 as demanded by the Hilliards.
On August 15, 2007 we received e-mail confirmationof our closing date from Woolard. assistant We had emailed her requesting confirmation of our closing date as we had to sign a lease on August 17, 2007 for temporary housing. Woolard was aware of this. Again no warning that there would be no closing.
On August 18, 2007, we received an e-mail from Woolard, stating that the closing would have to be delayed.
Upon reaching her by phone the explanation we were given is as follows:
At about 7:30 p.m., August 17, 2007, Pat Burger called Julie Woolard to leave a message that the closing would have to be delayed because the realtor for Mrs. B. had called to say herclient did not understand that cash could not be taken to a closing. The cash would need to be deposited in a bank account and allowed to age. A new closing date of August 27, 2007, was set.
We were told by Woolard that it wasn’t a serious problem and we should continue to move from our home.
On August 24, 2007, Woolard called to tell us that the closing would have to be delayed again, this time citing a problem with our buyer, the Hilliards. At this point we were completely moved from our home.
This actually resulted in an amendment from our buyer’s paying us $25.00 a day until we closed. We now believe that this document was forged.
On August 27, 2007, I receive an e-mail and a phone call from Woolard stating that our buyers had solved their problem and we would possibly be able to close that afternoon.
On August 28, 2007, we received a phone call from Woolard stating that Mrs. B was delaying the closing due to her refusal to cooperate with a request from her lender to provide some information.
On August 29 and August 30, 2007 we received phone calls from Woolard stating that we could not close until Mrs. B cooperated with her lender. We were told that she was withholding information from her lender and refusing to sign a document that the lender needed for closing.
On August 30, 2007, we received a phone call from Woolard. We were told that we would not be closing at all. The reason Woolard gave us is that Mrs. B refused to cooperate with her lender and as a result the underwriters would not give approval and the lender had pulled loan approval.
We do not know where Woolard got the information she relayed to us in the phone calls August 24 - August 30, 2007 as Keirnan claimed that she notified Woolard on August 23, 2007 that we would not be closing on our home.
We were unable to break our lease and so had no choice but to pay both rent and a mortgage payment, plus utilities on a home and apartment. Most of our possesions had been put into storage so we had to pay storage costs also.
On Sept. 1, 2007, we relisted our home at a lower price but were uable to sell it. We moved into our new home in November 2007.
In September, 2007, we emailed Keirnan concerning the events of August, 2007. She reiterated what Woolard had told us, blaming both Mrs. B and her realtor.
We contacted Ms. B’s realtor and broker by e-mail. He stated that Ms. B had not received a mortgage and that both Keirnan had been immediately notified by the lender. He stated that Mrs. B and her realtor were not to blame.
When questioned about this e-mail, Keirnan again kept to her story of of an uncooperative buyer, blaming both the byer and her realtor.
In an e-mail we received from Keirnan in October, 2007, Keirnan attached a pre approval letter from Bay Tree Mortgage and a Title 1 document for Battles with a closing date of 8/28/2007 as additional proof that Ms. Battles was uncooperative.
While all this was going on we were sued by our Hailey Raber Hilliard because we refused to sign the release. Without the release their ernest money could not be returned to them. Amazingly, she was advised to do this by Woolard’s broker. His name is Kurt Simmons. Our refusal to sign the release was because we didn’t not believe Keirnan’s story about the timing of the phone call on August 17.
In October, we contacted Pat Burger in an e-mail to question her about the circumstances concerning the phone call from Lockett. She stated in an e-mail that she did not talk directly to Lockett but was relaying information to Woolard given to her by Kiernan. In an email Burger stated that Keirnan “told” her what to say in the phone call.
In November, 2008, we sued Mrs. B in Warren Township Small Claims Court for damages for the cost of carpeting, rent and storage costs resulting from her refusal to cooperate with her lender. We were given a court date of December 18, 2008.
After Mrs. B was served with our summons she called us seeking information about why we had sued her. During the conversation she stated that she had never received an approval letter from a lender, and had in fact received letter a from her lender denying her a mortgage due to insufficient income. She stated she had received this letter before the end of July.
She also stated that all the information we were given by Keirnan, Burger and Woolard concerning the failure of the sale of our home was not true. She had not moved any assets or refused to cooperate with her lender as Keirnan said. Once she received her turndown for a mortgage at the end of July she put the matter behind her.
She asked me to contact Keirnan, stating that she would verify her story. I emailed Keirnan, Burger, Woolard, Ellison and the Hilliard’s. Not ONE person responded to my email. At that point I knew she was telling me the truth and that all of the people we emailed knew it too.
I met with Mrs. B and verified the following: she had not been given a closing date, her realtor had not called Home Run Realty on the evening of August 17, 2007, claiming that the closing would have to be delayed until money “aged.” Mrs. B. also stated that the information we were given about her refusal to cooperate with her lender did not happen as she never had a lender, or even a closing date.
On December 18, 2008, we met Ms. B in court. She brought a copy of a Statement of Credit Denial, Termination or Change and showed it to us in front of the court bailiff. It verifies that she was denied a mortgage because of income limitations, not because she would not cooperate with her lender. We immediately dismissed the case. We have a copy of this document.
I do not know why Keirnan and Burger withheld this information and then lied to us when they could no longer hide the truth. I don’t understand why Woolard did not notify us on August 23, instead of yanking our chain for an additional week.
I’d like to close by saying that these three women, Keirnan, Burger and Woolard treated us with no respect. Worse then losing thousands of dollars in rent, storage and carpeting costs, was the feeling of betrayal and disrespect. We
We would like to file a consumer complaint against the following real estate professionals:
Stacey Keirnan, broker/owner
Home Run Realty
11647 Fox Road
Indianapolis, IN 46236
Pat Burger, GRI, realtor
Buyer and Transaction Specialist
Home Run Realty
11647 Fox Road
Indianapolis, IN 46236
Julia Woolard, realtor
FC Tucker
28 Yorkshire Blvd. E
Indianapolis, IN 46229
We feel that Keirnan violated Article 1 of Code of Ethics and Standards of Practice of the National Association of Realtors. We feel that Pat Burger and Julia Woolard MAY have violated Article 1.
We signed an agreement in June, 2007, with Davis Homes LLC to build a new home. At that time, we also signed an agreement with Kevin Elson, president/ owner of GBO Realty, PO Box 26248, Indianapolis, IN 46226. The agreement stated that GBO Realty would buy our home for the agreed price of $120,500 if our home had not sold by the closing date of our new home.
As part of our agreement with GBO Realty we had to list our home at 309 Creekstone Court, Indianapolis, IN, 46239, with FC Tucker using a listing agent named Julie Woolard. We were not allowed to hire our own realtor.
Our home was listed on July 1, 2007. On July 15, 2007 we received an offer from Haley Hilliard and Jason Hilliard with a closing date of August 20, 2007. The sale of our home was contingent on the sale of their home. The Hilliard’s were represented in the sale of our home by Stacy Keirnan.
We were to close at First American Title Insurance Company, 366 Washington Pointe Drive, Indianapolis, IN 46229.
Copies of contracts with GBO Realty and FC Tucker are enclosed. Also enclosed are copies of the offer we accepted with the Hilliards.
Initially, we were very hesitant to accept the offer as the Hilliard’s were demanding that our entire home be recarpeted no later then August 1, 2007. Despite negotiations, they also refused to give us more then 48 hours to vacate our home which would result in us signing a lease for temporary housing before the closing date.
Because of what our buyers were demanding we ask our realtor, Woolard, if a letter of approval from a lender existed for both the Hilliards, and the buyer of their home.
The Hilliard’s buyer was named Yvonia S. Battles. Ms. Battles was represented by her daughter, Denise Lockett. Ms. Lockett’s Broker is named Clifford Johnson.
Woolard claimed that lender approval letters existed for both our buyer, the Hilliard’s, and their buyer, Yvonia Battles. She was very emphatic that these letters existed. We were told by Woolard that there was no problem concerning the Hilliard’s and Ms. Battles ability to receive financing and that unless one of our buyers did something stupid before closing our home would close as scheduled.
We accepted the Hilliards offer and their conditions based on our belief that Woolard was telling us the truth concerning the lender letters and that the Hilliard’s and Ms. Battles had received letters of mortgage approval from a lender.
We do not know where Woolard got the information concerning the approval letters from the lenders that we ask about. No letter existed for Yvonia Battles because sometime before the end of July, 2007, well before closing, she was denied financing due to insufficient income.
According to Mr. Johnson, the lender immediately notified both Denise Lockett and Stacy Keirnan. We do not know if she told Woolard or Burger. We were NEVER notified.
We had several conversations with Woolard after accepting the Hilliard’s offer and we were told that everything was proceeding as scheduled. We ask if there were any problems with the title search by First American Title and were told that everything was ok and that there was no reason we should not close on August 20.
During these conversations we were told that either Woolard or her assistant were in daily contact with Pat Burger. According to Woolard, Burger was in daily contact with Lockett and everything was proceeding normally.
Believing that our home would close on August 20, 2007, we recarpeted our home as a cost of appr. $1600.00 completing it around August 2, 2007.
On August 15, 2007 we received e-mail confirmation (copy enclosed) of our closing date from Woolard. We had emailed her requesting confirmation of our closing date as we had to sign a lease on August 17, 2007 for temporary housing. Woolard was aware of this.
On August 18, 2007, we received an e-mail (copy enclosed) from Woolard, stating that the closing would have to be delayed. Upon reaching her by phone the explanation we were given is as follows:
At about 7:30 p.m., August 17, 2007, Pat Burger called Julie Woolard to leave a message that the closing would have to be delayed because Denise Lockett (realtor for Yvonia Battles) had called to say her mother did not understand that cash could not be taken to a closing.
The cash would need to be deposited in a bank account and allowed to age. A new closing date of August 27, 2007, was set.
We were told by Woolard that it wasn’t a serious problem and we should continue to move from our home.
On August 24, 2007, Woolard called to tell us that the closing would have to be delayed again, this time citing a problem with our buyer, the Hilliards.
On August 27, 2007, I receive an e-mail (copy enclosed) and a phone call from Woolard stating that our buyers had solved their problem and we would possibly be able to close that afternoon.
On August 28, 2007, we received a phone call from Woolard stating that Yvonia Battles was delaying the closing due to her refusal to cooperate with a request from her lender to provide some information.
On August 29 and August 30, 2007 we received phone calls from Woolard stating that we could not close until Battles cooperated with her lender. We were told that she was withholding information from her lender and refusing to sign a document that the lender needed for closing.
On August 30, 2007, we received a phone call from Woolard. We were told that we would not be closing at all. The reason Woolard gave us is that Yvonia Battles refused to cooperate with her lender and as a result the lender had pulled loan approval.
We do not know where Woolard got the information she relayed to us in the phone calls August 24 - August 30, 2007.
We have no proof that Keirnan, Burger or Woolard even ordered preliminary title insurance work with First American Title Company. We have been unable to obtain confirmation that this work was done.
At this point we had completely moved from our home, putting most of our belongings in storage. Our new home was under construction.
Unlike our buyers, we had no choice but to continue with the construction of our new home. Our buyers unpacked their belongings, took their home off of the market, and we believe, continue to live in this home.
We were unable to break our lease and so had no choice but to pay both rent and a mortgage payment.
On Sept. 1, 2007, we relisted our home at a lower price.
On November 17, 2007, we agreed to a purchase price and signed a purchase offer with another buyer. Because this was 3 days before our closing with Davis Homes we did not financially benefit from this offer.
On November 20, 2007, we closed with GBO Realty for the agreed price of $120,500 for our home ..., paying a 7 percent commission to GBO Realty. We then closed on our new Davis Home.
In September, 2007, we contacted Stacy Keirnan concerning the events of August, 2007. I have attached her e-mail of the explanation we were given.
She reiterated what Woolard had told us, with some additional details, blaming both Lockett and Battles, and suggested we contact Denise Lockett and Clifford Johnson.
We contacted Mr. Johnson by e-mail. He stated that Ms. Battles had not received a mortgage and that both Lockett and Keirnan had been notified by the lender.
When questioned about Mr. Johnson’s e-mail, Keirnan retired her story of of an uncooperative buyer, blaming both Battles, and her daughter, Denise Lockett.
In an e-mail we received from Keirnan in October, 2007, Keirnan attached a pre approval letter from Bay Tree Mortgage and a Title 1 document for Battles with a closing date of 8/28/2007 as additional proof that Ms. Battles was uncooperative.
In October, we contacted Pat Burger in an e-mail to question her about the circumstances concerning the phone call from Lockett.
She stated in an e-mail that she did not talk directly to Lockett but was relaying information to Woolard given to her by Kiernan.
Based on the e-mail and documents I received from both Keirnan and information we received from Woolard we filed a complaint with the Indiana State Attorney General’s Office against Denise Lockett in November, 2007. In July, 2008, the complaint was dismissed against Denise Lockett.
In November, 2008, we sued Yvonia Battles in Warren Township Small Claims Court for damages for the cost of carpeting, rent and storage costs resulting from her refusal to cooperate with her lender. We were given a court date of December 18, 2008.
After Ms. Battles was served with our summons she called us seeking information about why we had sued her. During the conversation she stated that she had never received an approval letter from a lender, and had in fact received letter a from her lender denying her a mortgage due to insufficient income. She stated she had received this letter before the end of July.
She also stated that all the information we were given by Keirnan, Burger and Woolard concerning the failure of the sale of our home was not true.
Ms. Battles had not been given a closing date, and her daughter had not called Home Run Realty on the evening of August 17, 2007, claiming that the closing would have to be delayed until money “aged.” She also stated that the information we were given about her refusal to cooperate with her lender did not happen as she never had a lender, or even a closing date.
On December 18, 2008, we met Ms. Battles in court. She brought a copy of a Statement of Credit Denial, Termination or Change and showed it to us in front of the court bailiff. It verifies what she told us on the phone. We immediately dismissed the case. We have enclosed a copy of the document.
We feel that Keirnan violated Article 1 by not informing our realtor of the true facts concerning the sale of the Hilliard home. We do not understand why we were not notified that there wasn’t a buyer for the Hilliard home. She further violated Article 1 by lying to us about what happened after the fact.
We feel that Burger may have violated Article 1. As buyer and transaction specialist at Home Run Realty she should have been aware that the sale of the Hilliard home was not going to happen. According to Woolard, either her or her assistant called Burger daily.
We were told by Woolard that Burger was in daily contact with Denise Lockett. We were told by Woolard that either her or her assistant were assured daily that everything was proceeding in a timely manner concerning the sale of the Hilliard home.
We have included Woolard in our complaint because we don’t know what she knew or when she knew it.
By Keirnan, Burger and Woolard not informing us in a timely manner that we would not be closing on August 20, 2007, we incurred substantial financial damages, including but not limited to cost of carpeting, rent, storage costs, moving costs and utilities.
Kandace Thomas
Ralph Thomas
Indianapolis, IN ""
Folks, Realtors are Self Governed, they are not going to be hard on their own.. often times it is peers in the same market place doing the same thing and if they judge a Particular "Realtor" for their actions then they one day will be made accountable for their own actions...
Having to Take an "Ethics Class" for Violating someones right, hurting them financially or Flat Out Lying to them is NOTHING... this is pretty much NO ACTION... those classes are nothing that is really beneficial for the Real Estate Consumer....
If NAR at State, Local and National levels has no real accountablity measures in place then why bother having Ethics anyway.. oh I know why so the Consumer, the Real Estate Buying public things that "Realtors" - NAR members are of a Higher Standard and kepe using them and giving away their hard earned equity and getting NO Protection in the Process....
Here is a Link to Lukens (Consumer) v. Cliff Holmquist (Realtor) - a Real Estate Ethics Situation out of Virginia...
http://www.dpor.virginia.gov/regulantlookup/disciplinaryactions/pdf_orders/2007-04327_0225115493.pdf
"" Under sworn oath, at the ethics hearing on 03/30/2007, Cliff Holmquist repeatedly denied the FACTS described in the pdf attachment.
Cliff Holmquist finally had to admit these to same FACTS in The Commonwealth Of Virginia Real Estate Board Consent Order. If the HRRA ethics hearings place trust and confidence in false and misleading sworn testimony from one of it's own Realtor members, of what value are these ethics hearings to the home and real estate purchasing public? ""
"" Mr. Cliff Holmquist was found in violation of the Code of Ethics and has taken the agency course as required by his sanction. A letter of warning has been placed in his membership files with HRRA. "" - This Means NOTHING folks... NAR Standards and Ethics Means NOTHING to the Real Estate Consumer...
"" Cliff Holmquist appears to now have acknowledged these FACTS in The Commonwealth Of Virginia Real Estate Board Consent Order, in order to resolve the complaint against him, with that department. "" Who Will Hold "Realtors" Accountable and Protect Real Estate Consumer?
Update to Post:
"Cliff Holmquist finally had to admit TO THESE same FACTS in The Commonwealth Of Virginia Real Estate Board Consent Order."
posted here by
Real Estate Whistleblower
investigative blogger
Crystal L. Cox
Crystal@CrystalCox.com
more at
www.RealtorSucks.com
How Threatening and Abusive, brought to you by NAR..
Man Up Real Estate Consumers.... Don't get help or other opinions, simply Call the Realtor one on one, and that is how we will get this thing taken care of....
So instead of Making an Intelligent Email Stating His Stance on the Issue, Bernie Hassan - Weichert Realty feels it best to abuse and already beaten Real Estate Consumer. Bernie Hassan - Weichert Realty continues to attack Joel Stern, Real Estate Consumer instead of Simply Stating why he feels one way or the other and leaving it at that.
This has become some bar room brawl, per say, and Bernie Hassan is a Manager of Weichert Realty and is a Member of the National Association Of Realtor, a Supposed "Higher Standard" and this is how he deals with questions and concerns of Real Estate Consumer
"" Again Mr. Stern’s one way view!!!
Man up Joel Call me one on one…
Bernie Hassan-Mgr.
Weichert Realtors,Briarwood Real Estate ""
One on One, Yet Bernie Hassan,Weichert Realty Keeps emailing this to all of us. This is abusive and Cruel and well I guarantee you that NAR does not Care how Bernie Hassan Manager of Weichert Realty in South Easton , MA treats Real Estate Consumers.
posted by
Crystal L. Cox
Real EstateIndustry Whistleblower
First of All Folks as an Ex-Realtor, and still a Real Estate Broker Owner... I do owe the Real Estate Consumer alot - I owe it to the Consumer to first admit that I really did want to obey those Ethics and to Obey the Law and to do right by the Real Estate Consumer and there Was No Way for Me to Do this.
I reached out to all the resources available to me FBI, BBB, State and Local as Well as National Association of Realtor Outlets, Attorneys, State Boards and THERE was and Is no way to really help the Flat OUT Attack on the Real Estate Consumer.
Laws are Seriously Irrelevent as the Good Ol' boys, corrupt courts, attorney fraternities, NAR, Franchise with Big PULL ( like ERA - Sotheby's, Coldwell Banker and C21) they are in control of local courts and even supreme courts. And there is no way to Enforce Laws little own Ethics and here we have Bernie Hassan - Realtor Claiming "Well it's Legal" WHAT!!!.. this is bigger then Dual Agency. Why engage in a Consumer Smackdown like this Bernie Hassan - why not just simply in Great Detail state your stance and move on. This Real Estate Consumer attack simply hammers the point home that Realtors don't really care about the Rights or the Voice of Real Estate Consumers.
What good would a Phone Call for the Consumer to "vent" or discuss this with you do. The Damage is done and there is No Accountability, NO one is Listening to the Real Estate Consumer.
HERE is Bernie Hassan 's ONE More Consumer Attack on Joel Stern
"" What facts are you looking for?? Dual agency is legal in Massachusetts. We practice all real estate with the highest levels of integrity!! I’M SORRY YOU HAD A BAD EXPERIENCE. But it had nothing to do with me and honestly it is not so much that I do not care about the consumer I do! It’s just your self righteous attitude…I owe you nothing!!!
If you would like to call me sometime and go over your experience I’d be glad to speak with you.
Bernie Hassan-Mgr.
Weichert Realtors,Briarwood Real Estate ""
posted here by
Crystal L. Cox
Industry Whistleblower
Bernie Hassan Manager of Weichert Realty in South Easton MA Says,
"" From: Bernie Hassan [mailto:bhassan@briarwoodrealestate.com]
Sent: Tuesday, March 02, 2010 1:12 PM
To: Stern, Joel
I think that you are acting out of anger.
I am not the person who harmed you. I do not even know you. You lash out with threats that if taken wrong could get you in trouble. Why would you threaten me personally?? I do not know you. As I stated before.. we strive for excellence and we do train and manage from that viewpoint.
You may not agree but there are many of us around the country that do. I have issue with the real estate industry as well. I do believe that we need to have better advocates of the consumer of which my company and my agents are. Sorry to hear about your unfortunate situation as I said before. But, threatening someone you do not know is not wise.
Bernie Hassan-Mgr.
Weichert Realtors,Briarwood Real Estate ""
Real Estate Consumers are upset, no one is Listening, if the Manager of the company who harmed you won't hear you where to you go. NAR at a ANY level is NOT listening, State Laws and Federal Laws are Impossible to enforce with NAR Affiliations, E and O insurance and other Billion Dollar Super Powers that NAR is supported by.
No ONE Realtor did not Do this... But ONE REALTOR can be a part of fixing it instead of simply being a part of the Real Estate Consumer Smackdown. Joel Stern is One of Millions of Frustrated Real Estate Consumers, NAR needs to Change and ANY Realtor, especially a Manager of a Chain 0r Franchise such as Bernie Hassan Manager of Weichert Realty in South Easton MA - well they need to make sure of what they are saying to the real estate consumer and what TRUTH or FACT this information is Really Based on. z
GONE are the Days of Real Estate Victims hiding in their homes because of the bad things done to them, no more do consumers have to swallow that jagged pill of Yes I have tons of Proof, Yes the Realtor broke the Law BUT No one will hold them accountable so I will suffer in silence - lose everything and just go away so you can't see my pain and suffering....
Those Days ARE Gone... We Give Voice to Real Estate Victims.
We hear their Cries for Help, We POST their Proof, We post the
documents that Prove the Law was Broken, the Realtor lied and that NAR
will do NOTHING about it at any level and that NAR lobbys for things such
as Mandatory E and O insurance - to make sure they are successful at their consumer smackdown.. and Insult to Injury, years of Fighting you are FORCED to "Settle" to save your life and life of your family and then THEY make you sign something that says you won't talk about it.. .this way other unsuspecting Real Estate Victims will fall into the same trap. This is BULL.
Blogs, Investigative Blogs are HERE and Real Estate Consumers Do have a Voice and these private email smackdowns and threats are no more PRIVATE.
Ok so to the Above JOEL Stern says to Bernie Hassan Manager of Weichert Realty
"" Dear Sir:
I am not engaging in any ad hominem attacks. My whole point in initiating this exchange was to rebut your unsubstantiated claims that dual agency is a viable, worthwhile practice.
By way of concrete example, I pointed out that your company harmed me significantly by defending agents whose ADMITTED actions were contrary to state disclosure statutes. This, in effect, means that Weichert’s management considers statutory violations to be inconsequential.
The public has every right to know about your company’s formal (not merely lip-service) position in such matters, since it has a direct bearing on its treatment of clients and the degree of responsibility it feels toward them.
Your claim that dual agency can be practiced successfully flies in the face of everyday practice, which consistently shows a shocking failure to comply with mandatory disclosure rules nationwide (as corroborated in the NAR’s own surveys, among other studies).
If you can prove me wrong and are able to justify Weichert’s—and the NAR’s—use of dual agency, affiliated business arrangements, and other such one-stop shopping practices, please do so with concrete facts and statistics. Exactly how are you serving the public interest through such practices?
Joel Stern ""
posted by
Investigative Blogger
Real Estate Whistleblower
Crystal L. Cox
More at www.RealtorSucks.com on this ONE
Bernie Hassan Manager of Weichert Realty
Bernie Hassan Manager of Weichert Realty tells me, Crystal L. Cox - Real Estate Industry Whistleblower...
"" Nice to hear from you… We do strive for excellence… we do take pride in our industry and practices… Mr. Stern has an ax to grind and is sounding a little silly!!
Bernie Hassan-Mgr.
Weichert Realtors, Briarwood Real Estate ""
I emailed Bernie Hassan back this .. and Copied Joel Stern, what Joel Said to Bernie Hassan- Weichert Realty is below my Response.
"" Well Consumers Get a Bit "Silly" after Years of NO Rights and
of Violations... I have seen this year after year and Joel's story
is so many years piling now, he feels violated and it is understandable...
The SHOCKING truth of the Real Estate Industry does sound "Silly" as well, it is hard to believe...
but the consumer needs and deserves a Voice and I am
going to make sure they get one..
have a great day... ""
Joel Stern to Bernie Hassan
"" Dear Mr. Bernie Hassan:
According to Malcolm Antel, an exclusive buyer’s agent (NAEBA member) in the Philadelphia area with more than four decades of experience, dual agency, affiliated business arrangements, and other hidden conflicts of interests in the real estate industry cost unwary consumers some 10 billion dollars every year.
Steve Brobeck, Ralph Nader, Ray Wilson, Doug Miller, and other long-time consumer advocates have likewise substantiated the harm caused by unethical practices in the nation’s residential housing market.
Do you really consider that to be a “silly” issue, Mr. Bernie Hassan?
Do you regard violations of state regulations and the NAR Code of Ethics as a trivial, forgivable oversight?
Do you consider Weichert’s support for agents who admit to having violated the law to be inconsequential and of no interest to potential clients?
If so, I regard your company as a definite hazard to the unlucky persons who may have the misfortune to engage its services.
I intend to prevent that from happening, in so far as I am able to help other people avoid the kind of trap into which I fell because of ignorance and misplaced confidence.
If that seems silly to you, so be it.""
posted here by
Crystal L. Cox
Real Estate Consumer Advocate and Whistleblower
More On this at www.RealtorSucks.com
Bernie Hassan Manager of Weichert Realty in South Easton, MA
© Free Blogger Templates Columnus by Ourblogtemplates.com 2008
Back to TOP
The Lanham Act permits a non-owner of a registered trademark to make “fair use” or “nominative use” of a trademark under certain circumstances without obtaining permission from the mark’s owner. The fair use and nominative use defenses are to help ensure that trademark owners do not prohibit the use of their marks when they are used for the purpose of description or identification. Fair use or nominative use may be recognized in those instances where a reader of a given work is clearly able to understand that the use of the trademark does not suggest sponsorship or association with the trademark owner’s product or services and therefore is not being used in a manner to confuse the reader.
. . .
An author’s use of a trademark for the above-referenced situations should be considered a non-confusing “nominative use” when it meets the following requirements: (1) the trademark owner’s product or service must be one that is not readily identifiable without the use of the trademark; (2) the author only uses as much of the trademark as is reasonably necessary to identify the trademark owner’s products or services; and (3) the author does nothing that would, in conjunction with the trademark, suggest to the reader sponsorship or endorsement by the trademark owner.
http://www.publaw.com/fairusetrade.html "
Time for a Class Action Lawsuit for Defamation, Harassment - against Mary Newill personally and the Real Estate Monopoly, Real Estate Cartel Known as The National Association of Realtors.