2012 Fatekh Vergasov Sell as process 470 Ruthven Ave. Palo Alto, CA 94301 California Real Estate Law California Constitution Preamble: "We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution". So, Constitution does recognize interest of the People of the State of California whether individually or jointly with all rights, benefits and advantages now and hereafter attaching thereto... Thus and so, Constitution does not recognize any interest of any industry, business, group, etc. so called "Public interests"... but exclusively interests of the People of the State of California... As per provision of Law of Agency and DRE Glossary I am Principal and Consumer, whose interests must be protected by DRE... Why must? Because "We, the People of the State of California" are citizens, taxpayers, and electors here in California and by default are weaker than any "organized...business" or industry   Real Estate organized...business. Observation of Abusive practice   1. Agent, licensed by DRE, likes to name himself in contracts as a Broker... This fraudulent practice, which:   - confuse Customers, giving them not rigor and wrong knowledge, whom with actually Customer makes a Deal: Agent or Broker - if this is Agent, whose Agent he\she is? Customer's or Broker's? - if Customer's, it is ok - if Broker's, supply "Power of attorney" from real existing Broker, or invite Broker to sign the Contract   Deal should be made between proper parties, which by default must have equal rights, because Deal between parties with non-equal rights just impossible even theoretically   Why some agents want to misrepresent themselves as Broker, having no Broker's License? Because they want Broker's prestige without Broker's duties... They assume such trick with misrepresentation help the to fool Customers, probably...   Anyway, de-facto they create mini-brokerages under the fake-front Broker, who has License, but does not control agents   Broker prefer to collect from such agents small annual flat fee, and keep silence....   Un-controlled agents are doing what ever they want with help of DRE, who promote that well "organized... industry"...   2. Exclusive rights should not not be gifted for free... That point is the subject of negotiation... Practice to put in text of Agreement "Exclusive rights" as a default condition looks abusive  and may be qualified as attempt of Racket which leads to Tort   3. Staging - attempt to create fake impression to Buyer. As a condition to sell house looks like attempt to build leverage to force Seller to lower sell's price... Since honesty is the best policy staging business must die!   4. Paper work - forming "Disclosure package", etc. Since to sell 50k property and 5,000k require the same volume of the work mentioned, what the reason to pay for that service 100 times more? Flat rate fee looks more reasonable for listing agent service.   4.1. At the same time Buyer's Agent may get up to 3% of the deal, because to find Buyer on existing market is hard task...   4.2. If listing agency will refuse to use Flat rate fee State of California and other states (the USA government is the best solution) may create government owned Listing Agency, which will by default use Flat rate fee to list homes of the people... Present price abusive Listing practice must die!   5. "Double agency", i.e. right to be at the same time the Buyer's agent, may be granted to the Listing agent only!!!, when Listing service will be charged by Flat rate fee. No exclusions apply!     Date  Event  Note       01-26-2012 Initial contact invitation Emails transcript       05-04-2012 My house. Meeting with Agent Listing price of $3,195,000 was proposed by Miles McCormick       05-05-2012 Contract was signed McCormick start to push me into "Staging" deal, trying to stage without contract       05-10-2012 Warning 1  - No staging No staging without contract       05-12-2012 Warning 2  - No staging No staging and other services - email transcript       05-16-2012 House was listed MLS # 81218481, Two Flyers: 470 and 446       05-16-2012 Contract Terms request No reaction from the Miles McCormick       05-16-2012 Contract Terms request Don't even try to sell me 3rd parties' services for double or triple prices       05-17-2012 Self promotion Miles McCormick promotes himself, basking in glory       05-18-2012 Realtor's tour Wow! Most colleges came to congratulate in person Self promoted "TV hero"       05-20-2012 1st Open house Held by his young son Scott... No offer so far       05-23-2012 Price, Offers, Contract, etc. Emails from May 23 to June 28. Strange story with offer...       05-23-2012 Price, Offers, Contract, etc. Emails from May 23 to May 25. Strange story with offer...       05-27-2012 2nd and last Open house Held by his young son Scott... No offer so far       06-01-2012 Agent de-facto stop working for me Agent's wise declaration... He never restart working again       06-13-2012 Meanwhile, 446 Ruthven was sold Why? Because Agent just made Open house every Saturday and Sunday and she didn't hunt for "easy money"       06-25-2012 Reports were requested No response, because Miles McCormick has simply nothing to report       07-05-2012 CA DRE claim filed My Initial claim went to CA DRE Sacramento office, then transferred to Oakland       07-11-2012 CA DRE, Oakland office Letter was received by F. U. Baranski       07-12-2012 Pole with Flyer was removed Agent Miles McCormick said me nothing about this event. As usual...       07-12-2012 After phone conversation Copy of Contract was emailed to CA DRE       07-13-2012 CA DRE, Oakland office 2nd email with more details was sent and received by by F. U. Baranski       07-19-2012 CA DRE, Oakland office I was told by F. U. Baranski my case was transferred to Stephanie Yee 7 day ego       07-24-2012 CA DRE, Oakland office I received 1st e-mail from Stephanie Yee and was replied to her       08-06-2012 Intruder to my house was found Police said: "It was happened thanks to CA DRE licensed agent care"       08-16_17-2012 Agent e-mail ..."I am confirming that listing for 470... is hereby cancelled"       08-24-2012 Agent e-mails Agent has no clue from what moment our Agreement was actually canceled by him                                                 index   www.pseudology.org