Seller-and-Agent-Conspiracy-2023

This website provides supplemental complaint information for the Seller and Seller's Agent:

Micah Forstein - Seller - Master's Degree Bio-Medical Engineer. 20+ Patents. Think Surgical
Kent Weinstein - Seller's Agent - 20 year Keller Williams Agent but seemingly part time with only about 20 to 30 transactions in 20 years

The Seller and Seller's Agent Conspired to Sell a home for more than it was worth.

The Seller and Seller's Agent Conspired to Sell home that would have required a Construction Loan, had all facts been known to any Buyer or Banker at time of Bid Consideration, Contract Acceptance, and Deed Conveyance.

To achieve their objective they executed numerous frauds individually. They conspired to commit fraud together. They engaged with Two Contractors, Two Pre Sale Inspectors and their Transaction Coordinator to complete various frauds and misrepresentations.

Private Links: folde_salesContract // folderWolf1 // RPA // RPA Redacted
Ref: this website in gDoc screenshots

Summary of Facts

The Seller and Seller's Agent knew each other from Church, but they were just acquaintances. The Seller's Agent was not familiar with the Seller's home or home life.
At Church, the Seller approached the Seller's Agent and asked him if he could help him sell his home. They scheduled a time to meet at the Seller's home.
The Seller and Seller's Agent met at the Seller's home 10 months before listing it to discuss working together to fix it up and sell the home.
1. 1. The Seller and his family have been described as hoarders.
  2. The home was in that type of state when the Seller's Agent arrived, without forewarning.
  3. The home also had numerous serious moisture/mold related conditions created during the Seller's occupancy that would require remediation.
  4. See "Initial Property Condition" page for details that were gathered that help define the starting point for the fix-up.
During that meeting or subsequent, the Seller and Seller's Agent Agreed to work together to "fix up" the home and market the property. They agreed the Seller and his family would move out of the home, and allow the Seller's Agent to take management possession of the home for cleaning, "repairs", marketing, and sale.
The Seller and his family moved out of State. He/they never returned to the home
The Seller's Agent hired truck services to haul off as many as 5 "got junk" style trucks of debris.
The Seller's Agent and his wife cleaned the home. The Seller's Agent hired others to assist with cleaning.
"They" hired Contractors to do concealment. The Contractors created defects in the process as well.
"They" hired pre-sale Inspectors to produce faulty inspection reports for disclosure documents
"They" held the property from market during rainy season, seemingly to avoid attention to defects related to water run off and mold that would have been easily noticeable with rain and heat running in the home.
"They" listed the property with pastoral view images that were NOT current and showed a fully natural horizon no longer present.
"They" made false written statements about the nature of their relationship in disclosure documents.
"They" made false written statements about utility costs.
"They" made false statements about utility providers.
"They" made false written statements about property condition that both would have known were false. Some were false facts. Others were false by omission.
"They" completed a Disclosure Document presentation process that is illegal from a timing perspective, but suggested to be 'okay' by the 'CAR Approved Contract' that was created to encourage illegal behavior.
"They" pursued a strategy of 'honesty only when caught' for non-disclosed defects during escrow, seemingly because such behavior was suggested to be covered by a 'get out of jail free clause' in the 'CAR Approved Contract' that was created to encourage illegal behavior, with no basis in Case Precedent, Law or Common Sense.
"They" were sent a notice about major concerns with the Deck Removal and potential concealment. They never responded to that notice.
"They" were sent a demand to provide a Completed SPQ, with the questions about Water Run off and Mold completed with yes/no answers, that were blank when those documents were delivered AFTER Contract Acceptance. They never complied.
"They" were sent demands to answer about 10 pages of written questions, as was our right as Title Holders after Contract Acceptance. Those were designed to gain information, as well as frustrate and confuse, in hopes of gaining information they might not otherwise share. And it worked.
"They" provided a passionately written, 20+ page written response to questions, stating in writing exactly what we needed them to state to make a giant case against them, their Transaction Coordinator, their Broker, their Brokerage, as well as our own Transaction Coordinator, Broker and Brokerage for Fraud, Broker Involved Disclosure Fraud, Broker Fraud, Conspiracy to Commit Fraud, False Advertising, and more. And the only logical reason they answered the questions with the clarity they did, is because they seemed to believe the CAR Contract Hoax Clauses combined with an Army of twisted Attorneys might protect them.

Interrogatories -- For those with legal background, the questions we asked and answers we got back, along with supporting documents, during escrow could be thought of as an initial round of "interrogatories". Most would think it extremely "illogical" for them to have answered extremely incriminating questions with incriminating answers while providing documents to support fraud. It was and is "illogical" right? Nobody would do that. Right?

CAR Contract Fraud - What you are missing is knowledge about and an understanding of several clauses in the CAR Approved Contract that suggests falsely, that ALL disclosure documents can be delivered AFTER Binding Negotiations and Contract Acceptance AND that all defects known at time of Condition Contingency removal must be accepted by the Buyer Free of Liability for Negligent and Fraudulent Misrepresentation. The contract was created to encourage the dishonest to cheat and it gave them the feeling if they did, and got caught during escrow, as long as they came clean, they could not be held liable. It was apparent they believed if they played to the Contract, they'd make money and get off one way or another, so I just played along, knowing there wasn't a prayer in Hell for their success.

Long Standing California Case Precedent and Real Estate Law indicates Condition related Disclosures
must be made as part of the Negotiation process and prior to
Binding Contract Acceptance and Transfer of Title,
which happens at time of Contract Acceptance (see 13B in Contract).

Long Standing California Case Precedent established that no real estate contract (clause)
can be used to negate negligent and fraudulent misrepresentation.

I knew all that should have been the case and found it so, after the fact.
Not my fault they didn't know it too.
They know it now, albeit a way too late.

STEP 1 - Identify the statements made by Seller and Seller's Agent declaring an "arms length relationship"

STEP 2 - Identify their subsequent statements contradicting that, to establish an initial claim for Disclosure Fraud (Fraudulent Misrepresentation).

STEP 3 -Make a case that the Seller's Agent was Contracting without a license.

STEP 4 - Make a case that the Seller and Seller's Agent conspired with Licensed Contractors to commit fraud and/or do work in an 'non workman like manner'.

STEP 5 - Make a case that the Seller and Seller's Agent conspired with Pre Sale Inspectors to produce fraudulent inspection reports for Seller Disclosure Purposes

STEP 6 - Make a case that the Seller and Seller's Agent fabricated statements about material facts and defects separate from their conspiracies with Contractor's and Inspectors that caused additional financial damage.

STEP 7 - Make a case that the Seller and Seller's Agent conspired with Licensed Brokers to benefit from their fraud

STEP 8 - Collect on Financial Damages due. Encourage Felony Convictions and Jail time for all involved.

There are many ways to introduce all this malfeasance.

This is being pursued this way, on this website, as of 10/14/2023, because of an upcoming meeting with the CSLB Investigator (Contractor State Licensing Board Investigator).

He has acknowledged the complaints against the Contractors ( https://contractor-complaints-2023.bryancanary.com/ ).

He has indicated he's also seeking to make a case against the Seller's Agent, such that the State of California might get involved in this matter with as many as four individuals initially (The two contractors, the Seller's Agent and the Seller)

There are positive signs from the Investigator assigned the complaint to the SPCB (Structural Pest Control Board) . That took way more effort than it should have too, but hopefully it too will pay off.

Hopefully the CA DRE investigator will come about soon. Her lack of rabid pursuit, given that which was provided initially, has been disappointing and illogical, but maybe it's happening behind the scenes.

Time will tell this tale.

The Seller and Seller's Agent claimed an "Arm's Length" relationship with Service providers. That was a Gross Lie.

The Seller and Seller's Agent signed a Keller Williams Disclosure Document titled "Seller Acknowledgement of Scope of Broker Duty, Selection of Vendors".

The document indicates the Seller's Agent / Broker may have provided referrals for Contractors, Inspectors and/or other service providers but that the Broker was NOT involved with the selection, retention and supervision of any service providers

This document was created on 3/12/2021.
The home was listed on 3/16/2021.
This document was signed 3/18/2021.
Our Contract was Accepted 3/31/2021.
This document was conveyed to us via email on 4/1/2021. .

This document is found in disclosure packet 2, page 25.

We relied on this "arm length" relationship statement during the first week after Contract Acceptance.

During that time we revealed numerous serious concerns to the Seller's Agent about the nature and quality of work done to prepare the home for sale.

That included the discovery of over $25,000 in non disclosed defects the first week (2nd floor attic, rotten fascia and crawl space posts).
That included concerns for major concealment related to the missing deck ($10,000).
That included concerns for fraudulent statements on the TDS related to no structural work without permits
That included concerns about the integrity and relationship the seller may have had with the presale inspectors who, in total overlooked over $50,000 in defects.
That included concerns about the integrity of the Septic System $15,000 and more.

After a week, we started to realize we were talking to the person who had orchestrated it all. That made things a bit beyond awkward, and we have no idea what if any of the concerns we conveyed had made it to the seller.

We then spent the next 3 weeks attempting to get documentation in writing detailing their relationship and those they hired.

4/08/2021 to 4/15/2021 -- Demand for Documents

Starting around 4/8, approximately 1 week after Contract Acceptance, I began making written demands for information asking for information about contradictions between the disclosed condition and that we had discovered.

I made those request long and wordy
I kept adding to them every few days.
The goal was to make a huge list of questions that they had to respond to with some overlap and "noise" that might cause frustration.
The goal was to get them to put things in writing that would contradict their disclosure statements and reveal prior knowledge of omissions.
Given we were the title holder of the property at time of Contract Acceptance per clause 13B in our contract, and given the Seller was without a Condition Contingency Kick out option, they had no option but to answer our questions and concerns. When they did it they seemed to do it in full thinking that clause in the contract related o our requirement to free them of liabilities for ALL known defects, disclosed and non-disclosed, would protect them

4/22/2021 -- Seller and Seller Agent's Admit to their actual relationship and Seller's Agent's role as a "Contractor" and/or a "General Contractor" working for the Seller.

On or around 4/22/2023 the Seller's Agent, delivered a 23 page document he had prepared on behalf of he and the Seller.

The Seller's Agent states his responses are in Blue and the Seller's are in RED.
That alone is a massive problem. The Seller's Agent was not a party to this Sale and all he should have been doing was conveying documents for his seller, not creating statements and facts for the Seller.
The Seller's Agent had indicated the Seller was not a good writer to us.
Based on that comment, it's safe to presume much of what was written in RED and attributed to be Seller Statements was in fact created, embellished and/or filtered by the Seller's Agent.

The only relevant part of the image below at this time is the designation of colors at the top, but also notice it's the Seller's Agent making the statements about the Contractors and Cleaning People used to repair the home.

Did the Seller even know the names of those that did the work?
The Seller knew John Chatters due to email dialogue he had that we were copied on via our demand.
But did the Seller even know the names of anyone else?
Who was paying these Contractors, Cleaners and Inspectors to do work?

private link to doc: https://docs.google.com/document/d/1KBxxakGEM_XVAq0YTk3jdM002VjGnCWP/edit

On Page 11, Seller (Micah Forstein) states...

"Kent hired a general contractor"

That makes Kent a Contractor or General Contractor himself.

"After we left and Kent and John worked to repair the property".

That makes Kent a Contractor or General Contractor himself.

NOTE: the RED was attributed to text from Micah. We do NOT believe any email exists from Micah to Kent that has anything close to this prose. We believe this was written by Kent to represent the gist of Micah

04/29/2021 -- Kent Admits to taking possession of the Property and doing what he did...

In an email April 29, 2023, we were able to get Kent to detail his relationship with Micah in Writing in a way that contradicted the Disclosure above. this email content has been redated to keep it releavn for this purpose..

https://mail.google.com/mail/u/0/#search/from%3A+peter.whyte%40cbnorcal.com/WhctKJWQntLvTTMLSmhJqVtRWzDRJKpdXlNgqRtHzmJVzbPqlCWdsjdVnRCQtPPDTGjTdsL

4/29/2021 -- Additional evidence to speaks to the Seller's Agent doing General Contracting without a License is found in an Invoice from the General Contractor to the Seller

This invoice indicates Kent was specifying work without Micah's prior approval.