Criminal Complaint -John Chatters - General Contractor // David Woodbury - Painting Sub Contractor 

John Chatters was paid $55,000 for work that resulted in the spite-filled, deceitful, and predatory creation and concealment of $100,000 in structural defects, mold, cat urine, racoon urine and feces, other health, safety and material defect concealment as part of a seriously perverted  "fix-up and disclosure fraud scheme" organized by a Seller's Agent and Seller.   

Chatters personally executed half of the fraud , and the other half was  committed in conspiracy with his painting Sub Contractor, David Woodbury. They also managed to paint the entire exterior of a 2200 sf home with interior paint while over spraying on shingles and flashing for another $20,000 in damages. 

The fraudulent work was done prior to the sale of a residential property valued at $900,000 with DECEIT, SPITE , and commercial PREDATION for a future buyer they had never met. 

1)  Mry DA Complaint Form - John Chatters  view  redacted      ||  David Woodbury view    redacted  

2)  Complaint / Causes of Action - Chatters / Woodbury  view worksheet    view on pleading paper  
        --  seeking $640,700 in total judgments       
        -- ( $131,200 in compensatory  damages // $509,500 in  punitive damages // $0 for personal injury at this time)

3)  John Chatters - Criminal Complaint Dialogue/Support - for  DA , AG, CSLB   view

4)  David Woodbury - Criminal Complaint Dialogue/Support - for  DA , AG, CSLB    view 

5)  Additional Support Documents:  GC 1-7 & Painter 1-7 

Shortcuts:  GC1-Floor Joists  |  GC2 -No Permits |  GC3-Mold  | GC4-2ndFlrAttic  |  GC5-2ndFlrBathFloor  | GC6-CatUrine  |  GC7-QuotedButNotDone

Shortcuts:  Painter1-Fascia | Painter2-ExtWithIntPaint  |  Painter3-ExtSiding  |  Painter4-UrineCeilings  |  Painter5-WaterGarageWall  |  Painter6-Overspray  |  Painter7-QuotedButNotDone

View these Docs with added Context at:   https://contractor-complaints-2023.bryancanary.com/

Criminal Complaint - Robert and Brannon Vierra - Home Inspectors 

Robert Vierra is owne of the Win Monterey Home Inspection Franchise. He professes to have done over 11,000 home inspetions in the local area since the 1990s.  Brannon, his son, works with him. 

Robert and Brannon Vierra produced a home inspection report as part of a pre-sale process for a Seller's Agent and Seller who were involved in a $200,000 fix up and disclosure fraud scheme.  

Their report omitted proper reference to $50,000+ in defects that were theirs to call out and should have been very easy for any inspector to call out.  When you know what defects the Seller's Agent and Seller sought to hide, the extend to which this report was created to hide those stands out like a sore thumb. In addition, major omissions in this report align with a Pest Control Inspectors report as well, also indicative of extreme levels of reporting co-ordination. 

They were able to produce that report in what should have been under 4 hours of total time invested.  Home Inspectors willing to overlook defects to smooth out sales, are the most dangerous professionals on this page. 

From comments made by the Seller's Agent, these two will do it no matter if the report purchaser is the Seller or the Buyer, revealing the true conflicts of interest between Brokerages  and full-time home inspectors they refer to sellers or buyers.  

1)  Mry DA Complaint Forms -    view      view        view redacted Robert    view redacted Brannon

2)  Complaint / Causes of Action -  view worksheet    view on pleading paper

--  seeking $348,000 in total judgments

--  ($58,000 compensatory  damages // $290,000 in  punitive damages // $0 for personal injury at this time) 

3) Criminal Complaint Dialogue - For DA, AG   view  

4)  Additional Supporting Documents:

View docs with added context at:  https://inspector-complaints-2023.bryancanary.com/  

https://wini.com/monterey/

Criminal Complaint -Tracy Travaille - Seller's Transaction Coordinator //  Third Party Broker  

Tracy Travaille is a Licensed Broker who owns "Travaille Transactions".  She specializes in Transaction Coordination for other Brokerages.  Tracy got involved with the Real Estate Industry in 2004 and became a Licensed Broker in 2005.  There seems to be little seasoning requirements to become a Broker in CA. Tracy's website indicates she's handled over 15,000 transactions. 

1) Tracy took possession of three patently incomplete statutory disclosure documents which were supposed to contain representation statements for the seller. 

a) The SPQ was without Yes/No Answers for Mold and Property flooding concerns. 

b) The Seller's AVID was unsigned by the Seller and it is the only document that expressed concerns about property flooding.  

c) The TDS contained blanks where there should have been additional check-marks and signatures by the Seller's Agent and Seller were absent.  

2) AFTER a Binding Agreement was signed Tracy forwarded those documents to our Transaction Coordinator.  It's unclear if she brought attention to the incomplete documents to our Transaction Coordinator or not. It's unclear if she had any dialogue with the Seller's Agent, Seller, and/or Responsible Brokers about the incomplete documents at that time.  As a Broker, Tracy should have KNOWN representation statements that might affect a Buyer's Offer Amount were due to a buyer PRIOR TO consummating a Binding Agreement and Completion of those documents was a requirement of CA 1102, as well as Contract Law Ethos.  

3) Our Transaction coordinator, a 40 year agent and the creator of the Coldwell Banker Agent Training program, took possession of those documents and passed those incomplete documents on to our Agent , who then passed them to us, with no notice of the information lacking. 

4) We were left to find the incomplete documents among 300 pages of disclosure documents. 

5) At the time we found the incomplete documents, we also were able to identify two false statements of fact about Structural Modifications that would have been known to the Seller's Agent to have been false as well.  

6) When we asked our Transaction Coordinator if/when he and/or Tracy would be getting the Seller's Broker involved, given the apparent negligence or fraud,  he indicated doing that might force us out of the transaction with no indication as to how that might transpire given the binding contract we had ratified the day prior.  

7) Our Transaction Coordinator's  indirect suggestion was that California was some type of "buyer beware state",  where no representation statements made or omitted prior to Agreement Acceptance / Contract Ratification were subject to claims for Fraudulent Misrepresentation if found during escrow. The suggestion was that if sellers wanted to provide incomplete documents, the Brokers couldn't force documents, as if they Brokers didn't control the marketplace and weren't there to control the marketplace.  His suggestion was inverted from the role Brokers are supposed to play.  His suggestion was that when faced with incomplete documents,  brokers could still take the listings, market the properties, deliver incomplete documents after with no notice to buyers, and then buyers would "take it or leave it". His position was later reinforced by the Supervising Broker who stated at one point they couldn't force a seller to answer questions, when in fact, the listing should not have been taken by the Listing Brokre without completed docs to start with. 

8) 24 hours after we had ratified a contract, and upon discovery of the incomplete documents and the fraudulent statements,  we were able to identify more than 8 acts of fiduciary fraud, involving 1) Mark Van Kaenel 2) Mike Butson 3) Kent Weinstein, 4) Tracy Travaille,  5) Peter Whyte and 6)  Pamela Palacios. 

9)  We pursued support from literally hundreds of Attorneys and the CA DRE with no success finding a single person who would validate our concerns about unethical or illegal activities.  We even obtained a written statement from a Broker, out of context, which indicates he made suggestions to his buyer clients in a very direct way that CA was some type of "buyer beware" state. 

10) On 2/14/2024, with no support from any person in the legal lobby, and with time on statutes of limitations dwindling for claims for Construction and Disclosure fraud against, contractors, inspectors and the seller, , we pursued our own research in the Salinas Law Library.  Within 30 minutes of research and before getting on the computer we accidentally found references in the books that teach "Causes of Action" for any type of fraud to two relevant case precedents for Fiduciary fraud. We found reference  to Jue vs Smiser (1994) which got support from Bagdasarian v. Gragnon (1948) for support of foundational Contract Law Ethos related to requirements of representation statement presentation prior to ratifying an Contract, to and including a Real Estate Contract. 

11) On 2/14/2024, we were able to determine without any doubt that California was not and is not a "buyer beware" state.  All laws and case precedents exist to have required delivery of the TDS and all other material disclosure statements related to prior and "as is conditions" to buyers PRIOR TO Agreement Acceptance / Contract Acceptance / Contract Ratification.

12) We know of one transaction involving Tracy , in which she either 1) wasn't aware of proper disclosure statement timing requirements and/or 2) she was and failed to abide by them.  That means there's at least 14, 999 others who may have been harmed by her fraud as well. 

13) The Transaction Coordinator for a Seller is the "gate keeper" for proper documents and the "eyes" for the Brokers.   S/he is supposed to know all rules and laws for process , document completion, and document control. S/he is supposed to  make sure they are being abided by on behalf of the Selling Broker, Buying Broker, all other licensees and the Seller. 

13) Tracy's involvement in spear-heading the delivery of disclosure documents  AFTER they were due to protect the seller from claims of fraud AND the delivery of those documents in a patently  incomplete manner with material omissions,  resulted in an inability to obtain legal counsel for other Actual Frauds in the transaction related to the Seller's Agent, Seller, two Contractors and two pre-sale inspectors.  Each attorney we approached who heard the frauds of the Contractors and Inspectors would remain in the conversation until we shared the part about the "inverted" document delivery process and the incomplete documents.  Upon clarity on that,   all sought to exit the conversation without desire to represent us.  Attorneys who were provided the concerns about the inverted document delivery process in writing before a verbal dialogue refused to reply back or engage. 

14) Tracy was involved in an act of "Constructive Fraud" and depending on facts revealed later it may be deemed Actual fraud.  We  have suffered Personal injuries from this transaction and Tracy was the single person most responsible for having been in the role to have prevented our injuries.  WE have sufferred from extreme emotional stress, embarrassment, violations of privacy, paranoia, and conspiratorial thoughts since the Day after Escrow.   We kept thinking she or someone else would step in and making things right.  It's been 2 years and 10 months since our injuries,  and we were only able to find some remedy via our own trip to the Salinas Law Library to discover two Case Precedents that Tracy and every other Licensee in CA should have been taught on Day 1 in of their "Disclosure Law" class during Agent Licensing. 

15) We are seeking unspecified damages for Personal Injury from Tracy and all other Licensed Agents and Brokers in this transaction at this time. 

Documents coming soon...

1)  Mry DA Complaint Form - Tracy Travaille - view     redacted

2)  Complaint / Causes of Action - Travaille view worksheet   (this is the Seller/Broker Document as well)

        -- seeking unspecified damages for Personal Injury from  Actual or Constructive Fraud 

3) Tracy Travaille - Criminal Complaint Dialogue - For DA, AG   view   (this is the Seller/Broker Document as well)

4) Additional Supporting documents:

       https://www.travailletransactions.com/tracy

Criminal Complaint - Pamela Palacios - Peter Whyte - Christina Morales - Alan Scearce - Buyer's Agents, Managing Broker, & VP

Pamela Palacios was the Buyer's Agent and Peter Whyte was the 40 year Trainer she and the Buyer were relying on for Professional Guidance and Transaction Coordination. Christina Morales and Alan Scarce wer the supervisors of Pamela and Peter. 

Palacios provided her buyer "pseudo legal document templates" for purposes of executing a transaction.  The documents suggested delivery of statutory disclosure documents after contract acceptance was legal. They also  suggested discovery of misrepresentations during escrow had to be forgiven to complete the transaction.  (both of which turned out to contradict state statues, case precedent, and  the foundational ethos of Contract Law.

Palacios and those supervising her were questioned about the legitimacy of documents and processes they defined prior to use. They adamantly confirmed the documents were long standing and the processes conveyed were  accepted practice.

The day after an Agreement was ratified with the documents, the Seller's Agent,  Seller, and the Seller's Transaction Coordinator, a third party broker herself,  provided patently INCOMPLETE statuary disclosure documents to Whyte who passed them to Palacios who passed them to the buyers with 300 pages of other disclosure documents and NO NOTICE OF MATERIAL OMISSIONS in the incomplete documents. 

When buyer discovered the patently incomplete documents they also noted  two statements that were known to be fraudulent to themselves, Palacios and the Seller's Agent due to statements made by the Seller's Agent days prior. This was  indicative of  Fraud by the Seller's Agent. 

At that time, Buyer asked Palacios and Whyte if they had seen the incomplete documents. Palacios indicated she had not. She seemed to feel she played no role in ensured document and transaction integrity.   Whyte indicated he had seen the omissions.   Whyte was asked if/when he would be getting Seller's Broker involved to manage what appeared to be a Disclosure Fraud Scheme. 

Whyte indicated involvement of the Seller's Broker might lead to loss of opportunity to purchase the home with no explanation as to how anyone could or would terminate the right to complete the transaction that we had obtained via Agreement Acceptance the day prior.   Their entire presentation of process and Buyer Rights was inverted with an unjust Seller Bias.

Whyte acknowledged the incomplete documents and the fraud we identified. He suggested we  do all inspections we desired and then decide if we wanted to exit the transaction with seemingly no care for the fraud transpiring, nor the obligations for home delivery in 6 weeks absent the fraud.  

Whyte failed to  inform of us the Jue vs Smiser (1994) case precedent which indicated our other option was to complete our obligations per the contract, and then sue for damages.  This is what we would have expected to have been the case, but no one at Coldwell Banker nor either of the Two Attorneys we engaged with during escrow presented that case precedent nor suggested the system, as we believed it should exist, did exist in California. 

The Agents and Brokers treated House Buying like Horse Trading or Used Car Buying, which is an entirely different animal that is exclusive of an executory contract process, with no respect for any laws, statutes, case precedents or long standing Contract Law ethos that was intended to guide Real Estate Transactions, Real Estate Professionals and the Real Estate Brokerage System.

  On 2/14/2024 , 3 years and 10 months after ratifying a contract, after phone consultations with 8 Attorneys and outreach to over 100 Attorneys returned no confirmation the "pseudo legal documents" or the process these individuals engaged in constituted violation of California Law , the case precedent of  Jue vs Smiser (1994) was discovered in the Salinas Law Library. 

That single case precedent,  Jue vs Smiser (1994)  ,  exposes the multi decade industry wide fraud in the Real Estate Brokerage industry in full co-ordination with a CA Legal Lobby cover-up.  The suppression of such a simple and straight forward case precedent should be grounds for dissolving the current CA Real Estate Brokerage system and a requirement for re-certification for 440,000 real estate professionals.  It should also result in a new, permanent oversight system for Attorneys that is executed by the public, in public, not by Attorneys at the Bar who are paid by their own Lobby to conceal their communal crimes. 

1)  Mry DA Complaint Forms -  view   view  view   view  /  view redacted (4 in 1 file)

2)  Complaint / Causes of Action -  view worksheet    

        -- seeking unspecified damages for Actual and/or Constructive Fraud and Personal Injury

3) Criminal Complaint Dialogue - For DA, AG   view   

4) Additional Supporting Documents:

View docs with added context at:  https://seller-and-agent-conspiracy-2023.bryancanary.com/