#1 Real Estate Commission
Suppose you bought or sold a house and thought that you had been cheated by a real estate agent, what would you do? Before you lawyer up, the usual advice would be to contact the agent and see if you can come to a mutual agreement. If the agent ignores you, get used to it. Your odyssey in seeking a resolution is going to involve a great deal of being ignored.
“The VI
Real Estate Commission is the entity that regulates brokers and salespersons
and the entity in which you file your complaint. Once you file the complaint to
the Commission, the Commission will subsequently give the Respondent a
copy and request that they respond to your complaint in writing. The
Commission will review both complaints and meet with you both in a Fact-Finding
Meeting, deliberate then provide you with a determination.”
I didn’t know any of this when I started my journey. I learned along the way. I have filed a complaint with the Commission. Remember when I warned you about being ignored? The Commission’s ability to ignore is so amazing that I reached out to former Senator Sammuel Sanes, who now holds the post of St. Croix Administrator. The following is the email chain that I had with DLCA with inserted comments by me that I sent to Mr. Sanes.
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Hello Mr. Sanes
… Currently my issue is with the Department of Licensing and
Consumer Affairs. I am including our
email chain along with my comments so that you can have the full flavor of my dilemma.
I first attempted contacting DLCA in October by sending a
message using their website in which I asked a few questions about filing a
complaint. No one responded. So, after a week or two I started calling. I began
with the main number, who is the receptionist, Knatasha Harrigan, a lovely and
helpful woman. She would suggest a certain person who she thought might be able
to help. I would call that person who would either not answer and then never
respond to a voicemail or answer and tell me the name of another person to try.
I would occasionally loop back through Ms. Harrigan to get another suggested
name. Someone, and I forget who, since I was running with a list of four or
five names, finally informed me that nobody responds to messages left via the
“Contact Us” messaging web form on their website and that I had to use the
website to file an actual complaint.
In mid-November I used the website to file an abbreviated
version of my complaint. It was picked up by Venetia Horsford, the Chief
Compliance Officer, who on November 20, 2020, sent my complaint on to Nathalie
Hodge in a memo that I was unaware of at the time.
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From: Venetia Horsford
Sent: Friday, November 20, 2020 3:35 PM
To: Nathalie
Hodge <nathalie.hodge@dlca.vi.gov>
Subject: Complaint referral: Case no. 1455-21-011-029/David Mattera Vs.
Farchette and Hanley
See
attached “Memo from Horsford to Hodge”
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After I had filed my complaint, I waited several weeks
before I started calling again. I used my previous list of names. After many
false starts, I spoke with Venetia Horsford who sent me an email on December
16, saying that Nathalie Hodge was handling my complaint.
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Complaint Case:
1455-21-011-029/Fachette and Hanley
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See attached “Memo from Horsford to Me”
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At this point, I’m into this endeavor a couple of months but
at least I feel like I’m making progress. I had the name of the person who would
handle my complaint rather than just calling random individuals at DLCA. So,
after a few weeks, I started calling her number on a regular basis and leaving
messages. Once, someone actually answered. I believe it was her assistant,
Tiffany Grosvenor-Stevens who promised me that she would call me back, that
day, with an update. She never did.
Weeks are going by. Months have gone by. On January 27, for
lack of anything better to do, I called Ms. Horsford back again, even though I
knew it was not her complaint to deal with. To help me out, she prods Ms. Hodge
by sending an email with just the subject line of my complaint.
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From: Venetia Horsford <venetia.horsford@dlca.vi.gov>
Sent: Wednesday,
January 27, 2021 3:38 PM
To: Nathalie Hodge <nathalie.hodge@dlca.vi.gov>
Subject: FW: Complaint referral: Case no. 1455-21-011-029/David
Mattera Vs. Farchette and Hanley
Venetia
Horsford
Chief
Compliance Officer
Department
of Licensing and Consumer Affairs
3000
Golden Rock, Suite 9
Christiansted,
VI 00820-4300
Telephone: (340)713-3522
Fax: (340)718-6982
Email: venetia.horsford@dlca.vi.gov
Website: www.dlca.vi.gov
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After having
avoided communicating with me for two months, Ms. Hodge probably realized that
she is not going to get rid of me easily and responds the next day.
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FW: Complaint referral: Case no. 1455-21-011-029/David Mattera Vs. Farchette and Hanley
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Good
Morning Mr. Mattera,
On
behalf of the VI Real Estate Commission, I acknowledge receipt of your
complaint. I apologize for missing the transmission in November 2020.
The
VI Real Estate Commission is the entity that regulates brokers and salespersons
and the entity in which you file your complaint. Once you file the complaint to
the Commission, the Commission will subsequently give the Respondent a
copy and request that they respond to your complaint in writing. The
Commission will review both complaints and meet with you both in a Fact-Finding
Meeting, deliberate then provide you with a determination.
Should
you have any questions do not hesitate to contact me or my assistants: Tiffany
Grosvenor-Stevens at (340) 714-DLCA(3522) on St. Thomas or Genitha
Jean-Baptiste at (340) 713-DLCA(3522) on St. Croix.
Respectfully,
H. Nathalie Hodge
Assistant Commissioner for DLCA
Administrator, Office of Boards and Commissions
Telephone: 340.713.3522
Facsimile: 340.718.6982
Email: nathalie.hodge@dlca.vi.gov
Website: www.dlca.vi.gov
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Did she actually “miss” the email from Ms.
Horsford in November? Who knows? Her eagerness to help me, or lack thereof,
will be a good clue. Unfortunately, we are starting off badly. I needed some
dates. Why didn’t she tell me how long Mr. Hanley had to respond and when the
Commission would meet? Regardless, the next day I unload a long email and a
pile of documents on her:
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Hello Ms. Hodge
Thank you for getting back to me. I’m glad that someone who is familiar with
real estate will be helping me. My complaint involves a situation of dual
agency that went very wrong. I am attaching a collection of documents. They include:
1. NAR I mentioned in my
complaint, #1455, that I tried to get NAR/VITAR to conduct a mediation. This is
the email chain of correspondence.
2. Exhibit 1 – 1 of 3 The narrative
statement that I provided to NAR/VITAR.
3. Exhibit 1 – 2 of 3 My letter to Mr.
Hanley presented at closing; also provided to NAR/VITAR.
4. Exhibit 1 – 3 of 3 Buyers’ letter to
Mr. Hanley presented at closing; also provided to NAR/VITAR.
5. Exhibit 2 A letter intended
for the NAR/VITAR mediator explaining Mr. Hanley’s problems with dual agency;
never delivered since she never contacted me.
6. Exhibit 3 – 1 of 3 A letter intended
for the NAR/VITAR mediator providing further details of Mr. Hanley’s problems
with dual agency; never delivered since she never contacted me.
7. Exhibit 3 - 2 of 3 Offer To Purchase
document
8. Exhibit 3 – 3 of 3 Listing Agreement
document
The documents are best examined in the order provided here. It would be very
difficult for me to condense my complaint into a few sentences or paragraphs
because my problems with Mr. Hanley are not based on a single issue or even a
few issues. I paid Mr. Hanley over forty thousand dollars for services that
lasted over several months. During this time numerous events occurred that,
when everything was done, made me want to seek compensation.
I mentioned in my complaint that I spoke with a lawyer who, after going
through all the same documents that I am sending to you, felt I had been
wronged and could win a court case. However, the amount of money was not
sufficient for him to take the case on contingency. His name is Attorney Nathan
Mirocha. He is very interested in real estate law and went on to suggest that I
reach out to D.L.C.A. because my situation might be covered by the Consumer
Fraud Act 12A VIC Section 328. Similarly, when I spoke with Renee Petersen from
the Attorney General’s office, she thought that my case might involve fraud.
In putting together my issues with Mr. Hanley, I’ve researched the
responsibilities of real estate brokers. In the eyes of the law, they are held
to a much higher standard than a plumber or a store owner. They are deemed to
be a fiduciary, much like a financial representative who you entrust to handle
your retirement savings. When you give them orders, they must follow your
orders to the letter; they are not allowed to lie or withhold information. So,
when they disobey orders, lie, or withhold information, they’ve broken the law.
So, what do I want:
· I want my money back. For the nine years
that my wife and I spent on St. Croix we worked to make the island a better
place to live. I taught at Education Complex, Manor School, AZ Academy, and for
UVI Cell plus I provided engineering services to the construction companies
Vivot and Rooftops. My wife volunteered at The Women’s Coalition and for Jazz
in the Park. To put things in perspective, typically we were lucky to clear
twenty thousand dollars a year, but then, I had to pay Chris Hanley over forty
thousand dollars for maybe twenty hours of very poor service.
· I would like to see the Consumer Fraud Act 12A VIC Section 328 applied. Mr. Hanley can definitely afford to pay a fine and contribute to the Virgin Islands Government and therefore the welfare of all.
· The D.L.C.A. needs to determine whether Mr. Hanley’s license should be revoked. I know that I am not the first person that Mr. Hanley has treated unfairly (we can talk more about this later).
· I would like to explore involving the Attorney General’s Office. I don’t want to see Mr. Hanley go to jail but I would like to send a signal that this sort of behavior is unacceptable.
· Finally, I would like ordinary citizens, who have been abused by a realtor, to know that they have an option. The legal route might not work. If someone has been cheated out of a sum of money but they will have to pay a lawyer more than that sum to retrieve it, what’s the point? And from my experience the NAR/VITAR seems to exist only to serve realtors, not clients. So, hopefully, the D.L.C.A. can be that option.
This is a lot to read. Please get back to me with comments, questions, and directions for what I have to do next.
Sincerely,
David Mattera
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You might think that an
email with this much content coupled with the request, “Please get back to me
with comments, questions, and directions for what I have to do next” would
merit a response. Silly me.
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Hello again Ms. Hodge
I have not heard back from you.
I assume that you forwarded copies of my documents to Mr. Hanley and are
waiting for a response. Is this correct?
David Mattera
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Hi Mr. Mattera,
Thank you for your inquiry. Yes you are correct. Mr.
Hanley has until March 17, 2021 to provide the VI Real Estate Commission with a
response to your complaint. Then both your complaint and his response will be
forwarded to the RE Commission for review at the March 25, 2021, meeting. At
that meeting they will schedule you to appear at an informal meeting. We
will contact you at said time.
Should you have any questions do not hesitate to contact me or my assistants: Tiffany Grosvenor-Stevens at (340) 714-DLCA(3522) on St. Thomas or Genitha Jean-Baptiste at (340) 713-DLCA(3522) on St. Croix.
Respectfully,
H. Nathalie Hodge
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Ms. Hodge had previously informed me that she had my complaint on January 28. She was required to forward it to Mr. Hanley for a response. Did she send it then?
I followed up on my complaint with the huge email of January
29. Did she also send that to Mr. Hanley?
When I prod her on February 17, she says that Mr. Hanley has
until March 17 to respond. Coincidentally, one additional month from my
prodding. Did she send anything in January? Who knows, but at least I’ll get
the beginning of a resolution on March 25, or will I?
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Hello Ms. Hodge
I am looking for an update on my complaint. Has Mr.
Hanley responded? Did the commission review it? I am hoping to see Mr. Hanley’s
response. Seeing as most of my complaint involves problems with Mr. Hanley’s
honesty, I am concerned that his response to you might suffer from the same
problem.
Thank you for your time,
David Mattera
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Picture a clock ticking very slowly as another month goes by
with me trying to contact pretty much anybody at DLCA.
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Hello Ms. Hodge
I have become concerned about the communication regarding
my complaint, #1455. You mentioned that my complaint was initially overlooked
from when I filed it in November until the end of January. In that response,
you also said that my complaint and Mr. Hanley’s response would be reviewed at
a Real Estate Commission meeting but didn’t tell me when that meeting would
take place. In an email to you at the end of February, I asked about the
meeting and you responded that it would take place on March 25. On April
1, I sent you an email asking for an update but did not get a response.
After that, I started calling you but never got through.
On April 12, I did speak with Ms. Martin who informed me that she is not
responsible for this issue but that the meeting had been rescheduled to April
15. I tried calling you on April 22, but heard the recorded message, “This
subscriber cannot receive messages at this time.” I also tried the DLCA main
number but got no answer.
On April 23, I got the same message at your number and
Ms. Martin did not answer. On April 30, the same message at your number, Ms.
Martin did not answer and neither did Ms. Harrigan. On May 3, same message at
your number. I left a message with Ms. Martin asking her to call me and spoke
with Ms. Harrigan who suggested that I call the Commissioner’s office to get either
K’wanda Daniels or Richard Evangelista. I have not heard from Ms. Martin, but I
am including Ms. Daniels and Mr. Evangelista in this email in the hopes that
someone will respond.
I am in the dark as to what is going on. I understand
COVID is happening. However, I would have hoped that in over six months we
could have made more progress.
Sincerely,
David Mattera
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Earlier I said that I would decide
whether Ms. Hodge “missed” the email from Ms. Horsford informing her of my
complaint by her eagerness to help me. I feel that I have my answer. While I’m
waiting for Ms. Hodge to inform me of March’s meeting, I am informed by someone
else that another meeting in April has come and gone. All while Ms. Hodge
continues to ignore me. Perhaps adding the Commissioner’s name to the next
email will help.
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Good Afternoon Mr. Mattera,
I apologize for the length of time it seems to be taking to
obtain a response from the Real Estate Commission.
Both your complaint and Mr. Hanley’s response have been submitted to the Commission for review. Unfortunately, the Commission did not meet in March 2021. We are scheduled to meet on May 27, 2021. Hopefully, at this meeting, they will provide me with some guidance that I may be able to convey to you.
Should you have any questions do not hesitate to contact me or
my assistants: Tiffany Grosvenor-Stevens at (340) 714-DLCA(3522) on St. Thomas
or Genitha Martin at (340) 713-DLCA(3522) on St. Croix.
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Ms.
Hodge has managed to ignore me long enough that she should apologize for both
March and April. Whatever, it is amusing, when I
include the Commissioner in my email she responds in a few hours. I wonder if
this trick will get me the same results in the future. I might as well try to
get some more information. Wish me luck.
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Good day Ms. Hodge, Ms. Daniels, and Mr. Evangelista
Thank you for your response. I
continue to be in the dark regarding events. Therefore, I have a few requests.
Could you please email me a copy of the rules, regulations, and procedures of
the DLCA that cover the policies of the Real Estate Commission including
mediation. When I was attempting to get a resolution from the NAR/VITAR, I read
through the NAR Code of Ethics and Standards of Practice, VITAR Mediation
Procedures, and VITAR Grievance Committee Role in Arbitration. I learned why I
had little hope of getting help from them.
I previously asked you for a
copy of Mr. Hanley’s response. You have not commented on my request. Mr. Hanley
was sent my version of events, in order to respect due process and my rights to
confront, I would like to see his version. If, for some reason, this is
forbidden, please point out in the regulations where it states that I am not
allowed to see Mr. Hanley’s response.
Finally, on your website, one of
the legal division’s responsibilities is listed as, “…representing the
Department and consumers on legal matters”. In my first email to you, I listed
several requests, one of which was, “I would like to see the Consumer Fraud Act
12A VIC Section 328 applied.” I firmly believe that my case involves fraud,
among other violations. I am asking to speak with a member of the legal
division to better understand my options.
Thank you in advance for your timely response,
David Mattera
No response.
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Well, Mr. Sanes, now you can see my issue with DLCA, whose
job it is to regulate and oversee real estate brokers and firms, and to aid
consumers. May 27 has come and gone with no update. My last message, like
others before, has been ignored. Apparently, my trick of including the
Commissioner in my email only works once. June’s meeting is probably scheduled
for around now. But I am obviously not holding my breath for an update. Do I
have any hope?
I’m sure I could start bombarding DLCA with phone calls and
emails and maybe, just maybe get through to someone who will tell me that the
May Committee meeting has been delayed again, as well as June’s, whenever that
may be, and won’t reconvene until 2030. It seems that DLCA is doing the same
thing that NAR/VITAR did; stall, stall, stall, and then stall some more until I
go away. And if possible, look for something in one of my messages that they can
pretend to be indignant about and then refuse to talk with me anymore.
If you would like to understand my original problem with Mr.
Hanley, here are all the documents that I sent to Ms. Hodge. You can save time
by not reading everything.
See
attached “NAR” very long, just skim
See
attached “Exhibit 1 – 1 of 3” important
See
attached “Exhibit 1 – 2 of 3” peruse
See
attached “Exhibit 1 – 3 of 3” peruse
See
attached “Exhibit 2” important
See attached
“Exhibit 3 – 1 of 3” important
See
attached “Exhibit 3 – 2 of 3”
contract – no need to read
See
attached “Exhibit 3 – 3 of 3”
contract – no need to read
For now, I don’t want you to do anything other than
understand my situation. We can talk about options later.
Thank you,
David Mattera
Some
Interesting Links:
Typical website describing realtor fiduciary duties,
penalties for violations, and possible solutions.
https://www.moneycrashers.com/real-estate-agent-responsibilities-duties/
USVI Law describing Real Estate Commission
https://law.justia.com/codes/virgin-islands/2019/title-27/chapter-15/421a/
USVI Law describing “suspension of revocation of
license” for brokers found guilty of “(1) pursuing a continued and flagrant course of misrepresentation,” or
“(6) any conduct in a real estate transaction which demonstrates bad faith,
dishonesty, untrustworthiness or incompetency,”
https://law.justia.com/codes/virgin-islands/2019/title-27/chapter-15/429/
USVI Law, referenced earlier, listing penalties for
Consumer Fraud and Deceptive Business Practices
https://law.justia.com/codes/virgin-islands/2019/title-12a/chapter-6/328/
DeGazon-Sponsored Bill With Far-Reaching Implications for Local Real
Estate Industry Held in Committee
I tried both calling and emailing Senator DeGazon to
talk about my situation. She never answered. I learned later that she was
unsuccessfully trying to get reelected.
TEXT MESSAGE 07/09 2:24 pm
Good day still waiting to hear from you did you read my emails David mattera
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Response, TEXT
MESSAGE 07/09 5:33 pm
Good evening Yes, I read your emails. I forwarded your email to DLCA Commissioner Evangelista. I’ll also follow up with our Government House Legal counsel in reference to the Real Estate board
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Good day Mr.
Sanes
As an engineer I frequently spent a great deal of time analyzing systems and processes. I got to be very good at using small amounts of information to figure out what was going on. Searching for information on the Real Estate Commission has proven difficult. There isn’t much available. But I think I have enough to understand the current situation.
It’s strange that even though the commission works within the DLCA, the DLCA website does not mention their function, their rules, or even their existence. And it seems that Nathalie Hodge is also unsure of what they do. In January she wrote:
“The VI
Real Estate Commission is the entity that regulates brokers and salespersons
and the entity in which you file your complaint. Once you file the complaint to
the Commission, the Commission will subsequently give the Respondent a
copy and request that they respond to your complaint in writing. The
Commission will review both complaints and meet with you both in a Fact-Finding
Meeting, deliberate then provide you with a determination.”
This is only a boilerplate explanation that I got one day before I unloaded a mountain of incriminating documents on her. By May, after the commission had time to digest everything, the explanation of what they would do switched to:
“Both your complaint and Mr.
Hanley’s response have been submitted to the review. Unfortunately, the
Commission did not meet in March 2021. We are scheduled Commission for to meet
on May 27, 2021. Hopefully, at this meeting, they will provide me with some
guidance that I may be able to convey to you.”
I sense panic. Forget the Fact-Finding Meeting. They now have more facts than they know what to do with. Maybe Nathalie hopes to convey me some “guidance” and hope that I go away. But until they are actually forced to do anything they’re just going to stay the course and do nothing.
I previously asked Nathalie for a copy of the rules covering how the commission handles complaints. I never got them and have now come to the conclusion that there are no rules. I assume they’re just flying blind. No wonder they don’t want to touch a complaint like mine even with a ten-foot pole. And by never conducting meetings they can avoid all that unpleasantness.
But they still have another task that needs to be done, that of approving licenses. So, how do they meet in order to license brokers but then not handle complaints at those same meetings? I found this on an internet bulletin board:
…What really alarmed me from the article
was this:
St. Thomas Board of Realtors President
Kerstin McConnell said that when reports of botched closings started coming in,
she turned to the National Association of Realtors. They told her she needed to
report the problems to the Virgin Islands Real Estate Commission, McConnell
said.
"They're there to police the
Realtors," McConnell said. "In the states, Realtors live in fear of
the Real Estate Commission."
But all commission members' terms expired
years ago, according
to veteran member Peggy Simmonds. The commission still meets, infrequently.
Simmonds and Real Estate Commission Chairman Fred Violet have been out of the
territory seeking treatment for medical conditions. Commission member Lauritz
Schuster said that the last time he could remember meeting in person was in early
2009. Since then, they have had teleconference meetings to approve real estate
license applications, Schuster said. V.I. law requires Real Estate Commission
approval before permanent licenses are issued.
Posted: March 16, 2010
So, they approve licenses over the phone and then they avoid handling complaints by never meeting in person; very clever. And this post is over ten years old. When you get a winning recipe, you stick with it.
And just who
are these members of the board? The DLCA website lists the VI Board of Real
Estate Appraisers members but strangely not the Real Estate Commission
members. They aren’t on the VI Government website either. In searching for the
current members, I come up blank. However, I did find a previous list in an old
newspaper article:
boards and
members as of Aug. 9, 2016.
Real Estate Commission
27 VIC 421a.
Members: 7
Vacancies: 1
Created in 1967, this volunteer board, operating under DLCA licenses real estate brokers, but not appraisers. Like the newer appraiser board, there is a complex formula for the membership’s composition, requiring three volunteers working who are brokers and at least four volunteers who are not, along with island quotas and a requirement that one member be an attorney. All are appointed by the governor and confirmed by the Legislature and serve four year terms or until replaced. The statute specifies there is no stipend.
Membership:
Peggy Simmonds, Real Estate
Broker, St. Thomas, 09/22/92-09/21/96, Active
Fred Vialet, Attorney, St.
Thomas, 09/29/93-09/28/97, Active
Yvonne Tharpes, Attorney, St.
John, 11/30/94-11/29/98, Active
Stephanie Hodge, Real Estate
Salesperson, St. Croix, 12/15/11-12/15/14, Active
Christie O’Neil, Real Estate
Broker, St. John, 12/15/11-12/15/14, Active
Kurt Walcott, Real Estate
Broker, St. Croix, 02/25/16-02/25/19, Active
So, Mr. Sanes, my first request to you is, who are the current members of the board, when were they appointed, and which ones are real estate brokers or agents?
Without even knowing these people, I was concerned when I read VI law that covers how the commission is supposed to treat brokers who demonstrate bad faith, dishonesty, untrustworthiness or incompetency (title 27 chapter 15 section 429), and more specifically, fraud (title 12a chapter 6 section 328). I asked myself, what is the likelihood that a bunch of real estate brokers are going to be willing to turn on one of their own, knowing that there may be retribution or a retaliatory lawsuit? It seems like too much to ask. Just because you write a law doesn’t mean it will be followed. I recall, you told me about writing a law to require the VI to use waste cooking oil to produce biodiesel, which unfortunately didn’t produce the results hoped for.
I am also aware of prevailing attitudes:
The only individual rejected by senators Tuesday was Karen Korsgren, who had been nominated to serve on the V.I. Real Estate Commission. Several senators said they were uncomfortable with Korsgren after her tepid responses to their questions about a lack of local Virgin Islanders in the territory’s real estate industry. The people buying and selling land in the territory are predominantly transplants, and senators said Korsgren had no thoughts on how to address the underrepresentation of Virgin Islanders. “Her responses were not satisfactory,” said Sen. Milton Potter. Korsgren mentioned “something about a beach cleanup as part of the outreach initiatives,” but offered no meaningful, concrete ideas, Potter said. “I think there must be a level of sensitivity, commitment, and awareness — particularly in this industry — when it comes to expanding opportunities for local Virgin Islanders, and I am uneasy about appointing her to this position, I do not think she is suitable at this time.” “I wasn’t pleased with the answers,” said Johnson. “The answers to me, was not supporting young Virgin Islanders and young entrepreneurs who aren’t being given opportunity in the real estate area.” Ultimately, 12 senators voted against Korsgren’s nomination, and three voted in favor. (virginislandsdailynews.com 5/5/21)
The legislature views the real estate profession as a jobs program, which is a worthy goal.
Obviously, the Commissioner agrees. In the article on the Consortium about the bill sponsored by Senator DeGazon that would make changes to the VI Real Estate Commission (I sent you the link), Mr. Evangelista said that,
“…while the proposed measure seeks to modernize the existing law in the territory, it also disrupts a harmonious balance between creating opportunities for real estate and property management professionals while ensuring that the community's best interest is at the forefront.”
Simply put, “Don’t rock the boat”. However, what truly disturbs me about this statement is that Mr. Evangelista thinks that the real estate industry and the community’s interests are a zero-sum game, somehow in opposition. If one goes up the other must go down.
Using his logic, to create opportunities for the real estate industry he must avoid helping the public. So, logically why would he want to help me? It is sad that he doesn’t understand - if you don’t help the public, you’re sending a signal to the real estate folks saying, “The people who are supposed to care, don’t care; so, do whatever you want.” Mr. Hanley certainly operates in this manner with impunity.
Mr. Evangelista has demonstrated that he has no desire to talk to me. So, here is my plan. I am going to circle back to the NAR. I never sent them all the documents that you have. I don’t want anyone to be able to say that I blindsided them. I am going to skip mediation and ask for arbitration. This will be their last opportunity to do the right thing. If they blow me off again, so be it.
My second request to you, I would like to talk with the chairman of the Real Estate Commission, whoever that person is; to understand why it seems they refuse to do their jobs. Then I would like to report everything I learned to the Governor to help him make better choices.
(title
27 chapter 15 section 421a)
·
Removal of members
o (f) The members may be removed by the Governor for cause.
It might be time for some house cleaning. I would like to explain my hopes to the Governor that members of the Real Estate Commission should be people who care about people: community activists, social workers, job coaches, retired judges and lawyers, etc. People who want to expand opportunities for local Virgin Islanders while ensuring that all people are treated fairly.
The law says, “not more than three of whom shall be licensed real estate brokers”. In other words, you don’t have to have any real estate brokers. Haven’t we all heard the phrase about letting the foxes guard the chicken coop? Isn’t it obvious why real estate brokers want to be on the Commission? The Governor needs to send a powerful message, “Care for the people, not the industry”.
My third request, please talk to him about my situation because I definitely don’t want to do anything that might blindside the Governor. But at this time, he has an opportunity. He needs to nominate new members. And I would like to contribute a bit of advice to help him make quality choices. As for ethics, currently the Real Estate Commission has no code of ethics to enforce. This might be part of the cause of my problem. Ms. DeGazon’s bill didn’t include a code of ethics. NAR has one that they are very proud of, but from my experience its more for show than application.
I am generally a hopeful person, but I am also a realist. I have no intentions of going away. However, if things go badly, I may end up with my final option. I call it the nuclear option. When I spoke with Renee Petersen from the Attorney General’s office, I think I understood that once I start that ball rolling there is no stopping it. I could be forced to appear in court to testify against Mr. Hanley. And even if he loses, I probably wouldn’t get any compensation, however, Mr. Hanley would be paying fines and possibly going to jail. Obviously, this is not my first choice, but if it’s all I can get then let the chips fall where they may.
When my wife and I lived on St. Croix, we donated our time and money to make the island a better place to live. I feel that the citizens of the islands will benefit from knowing what to expect from the real estate industry. Having spent years teaching on the island, I’m not going to stop now. I plan to approach the newspapers, paper or electronic, to see if they would be interested in printing my saga. Deb and I would occasionally hear horror stories concerning real estate transactions. Sometimes the horror was due to the buyer or seller but not infrequently it was caused by the broker. The public must know their options. If they learn from my misery, I will view that as an accomplishment.
My fourth and last request to you is a repeat. Please, I would like to speak with the Government House legal counsel. Title 12A chapter 6 section 328 says, “the court may impose a civil penalty in a sum not to exceed $50,000 per violation”. I would like his help to look over my documents to try to count the violations, both civil and criminal. That money is supposed to go into the Consumer Protection Fund. I will enjoy learning about this.
Sincerely,
David Mattera
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Unfortunately, Mr. Evangelista never contacted me, and Mr.
Sanes never responded again. Remember, I warned you to get used to being
ignored. I assume Mr. Sanes just views this as a situation that he is not going
to be able to fix. And Mr. Evangelista, even though in theory he oversees the
Real Estate Commission, doesn’t appoint the members, or really have any control
over them. So, instead he just looks the other way.