#2
Virgin Islands Territorial Association
of Realtors
When I started this journey, I wasn’t sure where I was going or how to get there. However, before I had dealings with the Real Estate Commission, I was pointed in the direction of NAR/VITAR. It seemed promising. Silly me.
The following are two email chains separated
by an intermission. Why an intermission? Remember, I warned you about getting
used to being ignored.
From: David
Mattera
Sent: Monday,
August 10, 2020 11:59 AM
To: vitar vitarparadise.org <vitar@vitarparadise.org>; stxborealtors@gmail.com
Subject: David Mattera
Hello
Mr. Jennings and Ms. Gaskin
My
name is David Mattera. My wife and I sold our St. Croix home in March and moved
to Virginia. We listed our home with Chris Hanley who also ended up
representing the buying couple. Mr. Hanley performed his duties so poorly that the
four of us have been looking into taking legal action against him. I asked
Scott Burton, the attorney who did our closing, if either he or someone in his
firm could handle this sort of a case. They do not but he did offer to assist
me in finding an attorney. As of now, I have called him twice to see if he’s
made any progress, with no results. So, recently I emailed Attorney Lee Rohn.
She responded saying that this is not the sort of case she handles; however,
she recommended a former colleague, Attorney Trudy Fenster. I emailed her. She
also responded that this is not the sort of case she handles but then she
suggested an option that I did not know was available, that of arbitration. She
kindly provided me with your names and email addresses.
I
have no desire to go to court. I just didn’t know that I had any other means of
seeking justice. Attorney Fenster informed me that any restitution cannot
exceed his commission. I have no problem with that. So, how do we start?
Sincerely,
David
Mattera
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On Mon, Aug 10, 2020 at 12:57 PM vitar vitarparadise.org <vitar@vitarparadise.org> wrote:
Good Day, Mr. Mattera…
Thank you for contacting us. Let me see if I can explain the association’s
potential role and the process as succinctly as I can.
Our Association handles two types of cases: Ethics complaints and mediation/arbitrations against Realtors®.
The ethics enforcement process is strictly an internal disciplinary process. However, unlike a court of law, hearing panels are prohibited from awarding “damages” to the complaining party if the member is found in violation of the Code of Ethics. Further, if both ethics and arbitration requests are filed against the Realtor® stemming from the same transaction, the National Association requires that the arbitration be processed first and the ethics case be held in abeyance until its completion.
On the other hand, the mediation/arbitration process also involves mediators and, if needed, formal hearings and can award all or a portion of the commission to the “prevailing party.” However, as Ms. Fenster correctly related, our process cannot award “damages” or “punitive” awards in excess of the total commission paid.
That said, our National Association defines two types of
mediation/arbitration scenarios for Realtors®: voluntary and
mandatory. Yours appears to be “mandatory”. That means if an
arbitration is filed by either another Realtor® broker OR a client of the
Realtor®, then the Realtor® is compelled to submit to the process. A “client”
is defined as someone who has a contractual relationship with the broker, e.g.
a seller with a listing contract or a buyer with a signed, buyer-broker
representation agreement.
Voluntary cases are those filed by someone other than a client or by an agent of the broker. In those cases the broker is not obligated to mediate/arbitrate.
Additionally, please understand that this is largely a member-driven process in that committees of experienced, seasoned Realtors®. The initial review is conducted by our Grievance Committee, whose job it is to determine whether the case is voluntary or mandatory and to determine if the matter is indeed “arbitrable” under the criteria governing our process. In this initial phase Grievance Committee is allowed to see only the complainant’s written arbitration request and documentation, statements, etc. as well as the Realtor’s® written response, documentation, etc. In other words, the Grievance Panel acts much like a “grand jury”. There is no live testimony, no witnesses are called. Note that should the “Respondent” elect not to file a written response, as is their prerogative, the Grievance Committee would make its determination based solely on the Complainant’s filing.
If the arbitration request is indeed found to meet the criteria, then the case is forwarded to the Professional Standards Committee for a formal hearing. The first step in that part of the process is for the Realtor® to participate in a mandatory mediation with the other party(ies), conducted by one of our trained mediators. If the mediation is successful and both parties can come to an agreement, the case ends there. However, if unsuccessful, the case is forwarded for a formal hearing before a panel of Realtor® members where each party can call witnesses, submit evidence, be represented by counsel, etc.
Before the hearing begins, all parties must agree in writing that the decision of the Hearing Panel will be taken as final and binding. However, there is an appeal process in which a claim of “lack of due process” at the Grievance or Professional Standards level would be heard by a special panel drawn from the VITAR Board of Directors.
Three other things to know:
1. Members of the Grievance and Professional Standards Committees
would be appointed from the two other islands, in this case from experienced
members on St. John and St. Thomas.
2. My responsibility is simply to administer the case. I have
no vote, cannot hear appeals, make rulings on evidence, etc. That’s the job of
the our volunteer committees.
3. This is not necessarily a speedy process. For example, the due process rules we operate under allow the “Respondent” 15 days to file a written reply once a Request to Mediate/Arbitrate filed. Then, too, each step involves identifying potential panel appointees and then finding mutually acceptable times to schedule Grievance Committee reviews, the mediation session and, if needed, the formal hearing – with time allowances for appeals to be made along the way.
All that said, I stand ready to send you the initial paperwork to open a formal case. Feel free to call me if you have any questions.
Best regards,
Belton Jennings
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From: David
Mattera
Sent: Tuesday,
August 11, 2020 9:50 AM
To: vitar vitarparadise.org <vitar@vitarparadise.org>
Cc: stxborealtors@gmail.com
Subject: Re: David Mattera
Hello
I understand the rules and would like to move
forward. Please send me the initial paperwork to open a formal case. I do have
one question. As the seller of the property, I was the one who paid the
commission. However, the buyers were also affected by Mr. Hanley's conduct and
would like to participate. How would this happen?
David Mattera
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On Tue, Aug 11, 2020 at 5:31 PM vitar vitarparadise.org <vitar@vitarparadise.org> wrote:
Good Day, Mr. Mattera….
Attached are several documents.
1. A Request to Arbitrate
2. An agreement to mediate
3. The Role of The Grievance Committee
4. VITAR’s Mediation Procedures
As I explained in an earlier email, once your request to arbitrate is formally filed, the first step we require is that both parties to attempt mediation. I will also be forwarding the Request to Arbitrate to Realtor Hanley for his written response, along with the same Agreement to Mediate.
As I also explained earlier, since this is a Realtor® Principal/Client issue, Realtor® Hanley is also obligated to mediate, and if that is unsuccessful, both parties agree to submit to binding arbitration.
If you have any questions regarding the process, feel free to
contact me.
Best regards,
Belton Jennings
From: David
Mattera
Sent: Thursday,
August 13, 2020 11:14 AM
To: vitar vitarparadise.org <vitar@vitarparadise.org>
Subject: Re: Mediation/Arbitration Package
Hello Mr. Jennings
Hopefully these are filled out correctly.
Please let me know if I have to make any modifications. What happens next?
Many thanks
David Mattera
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On Thu, Aug 13, 2020 at 11:59 AM vitar vitarparadise.org <vitar@vitarparadise.org> wrote:
Mr. Mattera…
We’re almost there. I must direct your attention to Paragraph 4 of the Request & Agreement to Arbitrate.
It requires that you state the dollar amount of your claim and that the form be accompanied by your narrative statement as to why you believe you are owed the money and any substantiating documentation you may have, e.g. listing agreement, evidence such as emails, a statement from the buyers, etc. that support your case. Without that information, the case cannot proceed. (One very minor point – for your records, the case number is 0814-20CA vs. 0184-20CA. No need to resubmit. )
Note: It would also help if you could submit the completed forms and documentation in Word and PDF formats. JPG photos, while acceptable, also require that I create a Word document and copy and paste them into it. Word and PDF documents would be a time saver and much appreciated.
Once I have that additional information the next step will be sending Realtor® Hanley a copy of the Request to Arbitrate and related documentation and directing that he provide a written response and also agree to mediation, and should it be required, arbitration. He will then be given 15 days to respond.
Best regards,
Belton Jennings
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From: David
Mattera
Sent: Thursday,
August 13, 2020 12:44 PM
To: vitar vitarparadise.org <vitar@vitarparadise.org>
Subject: Re: Mediation/Arbitration Package
Mr. Hanley was presented with two letters at
closing; one from the sellers, my wife and I, and one from the buyers. I will
include those along with an explanation of the situation. I'll try to get
these, as well as the modified Request & Agreement to Arbitrate all
marked Exhibit 1, to you by Friday.
Thank you again,
David Mattera
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On Thu, Aug 13, 2020 at 12:50 PM vitar vitarparadise.org <vitar@vitarparadise.org> wrote:
Thanks! I will look forward to receiving that documentation.
Friday is fine, but if you need more time to assemble it, that’s fine too.
Best regards,
Belton Jennings
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On Thu, Aug 13, 2020 at 1:53 PM David Mattera wrote:
I'm typing now. Perhaps, I may need the
weekend.
Thanks
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From: David
Mattera
Sent: Sunday,
August 16, 2020 1:01 PM
To: vitar vitarparadise.org <vitar@vitarparadise.org>
Subject: Re: Mediation/Arbitration Package
Hello Mr. Jennings
Attached are four documents:
1. Redone first page of Request & Agreement to
Arbitrate with dollar amount. Sorry I can’t do PDF but I can paste into a Word
doc.
2. Narrative statement Exhibit 1
- 1 of 3
3. My letter to Chris Hanley
Exhibit 1 - 2 of 3
4. Buyers’ letter to Chris Hanley Exhibit 1 - 3 of 3
In my letter to Chris Hanley, I refer to several
people that he knows but you probably don’t.
Cast of characters:
Scott Burton – my attorney for the closing
Mary Ann Olivent – Scott’s paralegal
Chantelle McGrath – Farchete & Hanley Sales
Assistant
Nathan – worked for the buyers’ mortgage company
I would like to clarify one point before you
ask. In my letter to Mr. Hanley I asked him to forgo one quarter of his fee.
However, the amount listed on the Request & Agreement to Arbitrate is for
the full amount of Mr. Hanley’s commission. The request in my letter was an
olive branch. I informed Mr. Hanley of my intention to sue him but was willing
to part amicably for one quarter of his commission. His response was silence.
That offer is now off the table.
Please let me know of any additional information that you require.
Many thanks,
David Mattera
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On Wed, Aug 19, 2020 at 2:47 PM vitar vitarparadise.org <vitar@vitarparadise.org> wrote:
Mr. Mattera…
Just wanted to let you know that I finally got the package out
to Chris Hanley today.
Since Monday I’ve had to participate in our two and a half day
National Association’s annual Leadership Summit via Zoom. I’ve been
online virtually from 9AM to 5PM every day, both attending and moderating
almost non-stop, back-to-back sessions.
So, I’m playing catch up as fast as I can.
Thanks for your patience and understanding. And, I’ve notified
Chris that he has 15 days to file a response. And, should he elect not to
respond, the case will move forward without it.
Best regards
Belton Jennings
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Sent: Wednesday, August 19, 2020
4:29 PM
To: vitar vitarparadise.org <vitar@vitarparadise.org>
Subject: Re: Update
Mr. Jennings
I appreciate all that you are doing. I've
taken the time to do some reading on the N.A.R. website. I'm impressed and
hopeful.
Please take your time and thank you,
David
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Mr. & Mrs. Mattera…
Just to update you…Farchette & Hanley submitted their signed Agreement to Arbitrate/Mediate today. The next step is assigning the case to an NAR-trained mediator.
To that end I have contacted one of our past state presidents on St. John who has also served for many years on our National Association’s Professional Standards Committee. This Committee sets all the policies and procedures for the ethics and arbitration complaint process and recommends updates to the Realtor® Code of Ethics. It is one of the Association’s most important and prestigious committees.
I will be sending her the case file over this holiday weekend and will be in touch with her early next week to make the arrangements for a mediation session – which likely will have to be done via “Zoom” or a similar online platform since the Virgin Islands is on a continuing lockdown and quarantine mandate thanks to COVID.
Best regards,
Belton Jennings
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Mr. Jennings
Thank you for the update. I will wait to hear
from you.
David Mattera
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Hello Mr. Jennings
I haven’t heard anything yet. Could you please
give me an update? I’ve put together a few questions that I would like to go
over before the mediation starts.
Thank you
David
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I forwarded the case to our Mediator, BJ Harris, last week. I
haven’t heard from her either.
Will drop her a note. Thanks for the heads up.
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Hi Mr. Jennings
Rather than wait a whole week I'll go with
half a week. Can we call Ms. Harris's company just to see if she's on vacation
or something?
Dave
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Ms. Harris is on island and in her office. I’ll contact her again.
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Ms. Harris said she will be in touch this coming week.
Note: With the USVI (finally) reopening on Monday, most of our
members have been scrambling to get their rental villas/condos ready,
rescheduling delayed arrivals, etc.
Thanks for your patience.
Best
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Hello Mr. Jennings
I’ve been wondering, at what point does patience
stop being virtuous and just become silly? I am very concerned that Ms. Harris,
whenever she gets around to me, will not have the time available to answer my
questions regarding this process. I have a lot of them; the answers to which
might lead to more. It’s not your fault that your promise of her contacting me
last week didn’t work out. But, please don’t promise me that she’ll have time.
Would it be possible for you to answer my questions?
David
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I will try to answer your questions to the best of my ability.
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Hello again, Mr. Jennings
Thank you for taking a shot at my questions.
I’ll start with some basic ones:
What is the relationship between VITAR and the
NAR?
I have looked through the NAR code of ethics.
Is there a different set that applies to the Virgin Islands?
Who does the NAR serve: brokers, clients, or itself by
trying to support the reputation that the public has for the real estate
industry?
What is Mr. Hanley’s
situation/affiliation/responsibility to VITAR/NAR?
Can I request an advisor or advocate to give
me information and advice during this process?
When I read about how the
mediation/arbitration was conducted, I was concerned about the wording
regarding the “meeting”. Because of COVID, you mentioned ZOOM. I’ve never done
that before. I currently live in Virginia. I’m sure that many people who sell
their homes move far away, such that attending a meeting would prove costly if
not impossible. Is there a method to do this process in writing via email? As a
senior citizen I don’t always think so fast on my feet and like the opportunity
to put my words together carefully.
These are probably tougher questions:
The NAR Code of Ethics and Arbitration Manual
say that the outcomes of mediation and arbitration are not published. If I hope
to negotiate with Mr. Hanley assuming a typical resolution, I need to learn what
is typical. How can I learn about resolutions for other sellers who were in
situations similar to mine? And if I can’t, does that mean I’m just winging it?
The document also says that all cases are
unique. So, there are no guidelines for compensation. How can I engage in
mediation, without knowing approximately what compensation I might expect?
The document says that the punishment given to
realtors from arbitration will get worse depending on the quantity and timing
of other infractions. However, these results are only published in documents
that are unavailable to the public. Can I learn about prior misdeeds of Mr.
Hanley?
Finally, the really big question. The previous
three questions are working towards a result. I want a reasonable approximation
of the outcome of this process based on the evidence that I have submitted so
far. Based on your past experiences, can I expect to have my commission payment
returned? If not, how much more evidence would you require?
Thanks
David Mattera
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Gave it my best shot….
What is the relationship between VITAR and the NAR? We are a “federation” that is linked together at the local, state and national levels by interlocking mandatory bylaw provisions. Each organization, however, is separately incorporated with the states and locals operating under a charter from NAR. Under those bylaws, the state (or local) association is charged with enforcing the Code. In the Virgin Islands, that responsibility has been given to the territorial association as the local Boards are too small to handle cases individually under NAR’s policy that they must have over 200 members. None do.
I have looked through the NAR code of ethics. Is there a different set that applies to the Virgin Islands? The Code of Ethics is adopted by the National Association and is identical and enforced nationwide by its state associations and local Boards. There is no “appeal” process between the levels. Each state or local Board of Directors is the ultimate authority in setting and administering discipline in ethics cases, ruling on due process appeals of panel decisions, etc. However, there are options afforded the administering association in terms of the processes, e.g. number of panelists as long as it’s an odd number of 3 or above, requiring parties to submit to mediation as a precursor to a formal arbitration hearing, etc.
Who does the NAR serve: brokers, clients, or itself by trying to support the reputation that the public has for the real estate industry? NAR is the world’s largest trade & professional association. The term Realtor® is trademarked by NAR. Not every real estate broker or agent is a Realtor® and thereby entitled to use that term in their practice. There are approximately 2.8 million real estate broker and sales agent licensees in the U.S. NAR has 1.4 million members. That said, a primary goal of NAR is protecting the public and promoting private property rights. By default, we speak for property owners in those regards because otherwise they would have no voice. In other words, there is no “National Homeowners Association.” As for membership, a Realtor® is required to join and pay dues to all three levels of the association.
What is Mr. Hanley’s situation/affiliation/responsibility to VITAR/NAR? Mr. Hanley is a broker and a member of the St. Croix Board, VITAR and the National Association. As a condition of membership, all Realtors® must agree to abide by the Code of Ethics and bylaws, rules & regulations of the local, state and national associations.
Can I request an advisor or advocate to give me information and advice during this process? The Association doesn’t provide this type of assistance to either party in ethics or arbitration cases. However, our process contains numerous safeguards to ensure that both parties’ arguments are heard and given full consideration.
When I read about how the mediation/arbitration was
conducted, I was concerned about the wording regarding the “meeting”. Because
of COVID, you mentioned ZOOM. I’ve never done that before. I currently live in
Virginia. I’m sure that many people who sell their homes move far away, such
that attending a meeting would prove costly if not impossible. Is there a
method to do this process in writing via email? As a senior citizen I don’t
always think so fast on my feet and like the opportunity to put my words together
carefully.
If you have a laptop, PC or tablet with a built in camera, you simply click on the Zoom meeting link we provide to be connected. Unfortunately, we don’t have a process for “arguing” a case via email, interviewing witnesses, etc.
These are probably tougher questions:
The NAR Code of Ethics and Arbitration Manual say that the
outcomes of mediation and arbitration are not published. If I hope to negotiate
with Mr. Hanley assuming a typical resolution, I need to learn what is typical.
How can I learn about resolutions for other sellers who were in
situations similar to mine? And if I can’t, does that mean I’m just winging it?
The results of arbitrations and ethics hearings are not published because there are no “case law” or “precedents” allowed in ethics and arbitration cases. NAR is very explicit that each case must be heard and decided on its own merits.
The document also says that all cases are unique. So,
there are no guidelines for compensation. How can I engage in mediation, without
knowing approximately what compensation I might expect?
Again, each case, and any arbitration awards are decided on the merits of the individual case. There are no formulas or pre-set check marks for a panel to use. NAR does publish guidelines for panels to consider in recommending discipline in ethics cases depending on the severity of the offense, whether the person is a repeat offender, etc. But, again, these are guidelines and the panel is not bound by them.
The document says that the punishment given to realtors
from arbitration will get worse depending on the quantity and timing of other
infractions. However, these results are only published in documents that are
unavailable to the public. Can I learn about prior misdeeds of Mr. Hanley?
The “punishment” you speak of is only for ethics
complaints, not arbitrations. Ethics cases are considered an internal
disciplinary matter and, according to NAR, any fines or other penalties
assessed are to be made in the spirit of being “educational”. And, again,
in ethics cases, unlike the courts, no awards of any fines are made to a
complainant should the Realtor® be found in violation.
That’s in contrast to an arbitration where there is no finding of “guilt” or “innocence”, but rather simply a determination of whether the person filing the arbitration is entitled to an award.
Finally, the really big question. The previous three
questions are working towards a result. I want a reasonable approximation of
the outcome of this process based on the evidence that I have submitted so far.
Based on your past experiences, can I expect to have my commission payment
returned? If not, how much more evidence would you require?
What you’re
asking is that I venture an opinion on whether you have a winnable case based
on what you’ve submitted. Again, my role is simply that of the
“administrator”. I don’t rule on evidence, hear appeals, opine on outcomes,
etc. and am charged with remaining absolutely neutral. This is totally a
member-driven process. It’s their association and their Code
of Ethics. I’m neither a licensee, nor a Realtor®.
However, you can be assured that both you and Realtor® Hanley will be provided ample opportunity to make your respective cases.
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Hello Mr. Jennings
I’m sure you can see by my questions that I am trying to determine what I might receive as an arbitration award. Unless a mediator is completely aware of the situation and is coaching Mr. Hanley to settle, I am quite certain that mediation is going to be a waste of time. I asked Chris Hanley to forgo one quarter of his commission at the closing. He didn’t. Therefore asking him to return my entire commission will most likely get the same answer. Arbitration might be next if I feel I will have an opportunity to receive a satisfactory result.
Questions about arbitration:
I read in section 53, “ Any award rendered may not be greater than the amount in dispute, may not include punitive damages…”. I want my full commission back because of his conduct. I also want all monies he caused me to lose. This sentence seems to say that this cannot be awarded to me. However, section 52 implies that Mr. Hanley and I can agree to this. Am I reading this correctly?
Am I waiving any rights to sue Mr. Hanley in a
court of law by engaging in this arbitration? I read section 50 and understand
what it says. If I get what I want here, I’m done. If not, I’ll go the legal
route.
Speaking frankly, the documents that I have sent to you are only the tip of the iceberg. I feel reasonably certain that I have sufficient evidence to prove that Mr. Hanley committed a felony that carries jail time. Additionally, I feel I have sufficient evidence that Mr. Hanley committed civil crimes that will cost him a settlement much larger than his commission. Does NAR/VITAR have any interest in defusing this situation before it escalates?
David Mattera
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Mr.
Mattera…
My
responses below.
Regards,
Belton
Jennings
From: David
Mattera
Sent: Sunday, October 04, 2020 4:33 PM
To: vitar vitarparadise.org <vitar@vitarparadise.org>
Subject: Re: Update on Arbitration Case
Hello Mr. Jennings
I’m sure you can see by my questions that I am
trying to determine what I might receive as an arbitration award. Unless a
mediator is completely aware of the situation and is coaching Mr. Hanley to
settle, I am quite certain that mediation is going to be a waste of time. I
asked Chris Hanley to forgo one quarter of his commission at the closing. He
didn’t. Therefore asking him to return my entire commission will most likely
get the same answer. Arbitration might be next if I feel I will have an
opportunity to receive a satisfactory result.
RESPONSE: First, Mr. Mattera, NOBODY coaches ANYBODY – not me, not
our Mediator, not anyone who might be appointed to a hearing panel.
If you think this process is somehow “rigged” and that the Mediator and Realtor® Hanley are engaging in backchannel communications, then I strongly recommend you engage an attorney to represent you in a formal court filing versus pursuing this matter through the association. Whether you achieve what you consider to be a “satisfactory result” will be dependent on the documented facts and circumstances you present that support your conclusion that you are owed an award – balanced against the counter-arguments and documented facts that Mr. Hanley would present.
Questions about arbitration:
I read in section 53, “ Any award
rendered may not be greater than the amount in dispute, may not include
punitive damages…”. I want my full commission back because of his conduct.
I also want all monies he caused me to lose. This sentence seems to say that
this cannot be awarded to me. However, section 52 implies that Mr. Hanley and I
can agree to this. Am I reading this correctly?
RESPONSE: The “amount in dispute” will be the amount you stated in your arbitration request -- $40,350. This is the maximum amount you could be awarded if you should prevail. Any amount in excess of that would not be awarded.
Am I waiving any rights to sue Mr. Hanley in a
court of law by engaging in this arbitration? I read section 50 and understand
what it says. If I get what I want here, I’m done. If not, I’ll go the legal
route.
RESPONSE: You have a perfect right to sue Mr. Hanley at any time. However, under our procedural rules, if a suit is filed, the case would then be immediately placed “in abeyance” awaiting the outcome of the civil matter.
Speaking frankly, the documents that I have
sent to you are only the tip of the iceberg. I feel reasonably certain that I
have sufficient evidence to prove that Mr. Hanley committed a felony that
carries jail time. Additionally, I feel I have sufficient evidence that Mr.
Hanley committed civil crimes that will cost him a settlement much larger than
his commission. Does NAR/VITAR have any interest in defusing this situation
before it escalates?
RESPONSE: If indeed the information
you provided with your complaint is only the “tip of the iceberg”, it
respectfully begs the question: Why didn’t you submit it?
As a non-profit trade association, VITAR does not (and will not)
intervene or intercede in potential criminal or civil legal matters. If you
believe Mr. Hanley committed criminal fraud and/or civil crimes, then this is
the wrong venue for you. You should contact the Office of the Attorney General
of the Virgin Islands:
Denise N. George, Esq.
Attorney General
Department of Justice
Office of the Attorney General
3438 Kronprindsens Gade
GERS Building, 2nd Floor
St. Thomas, Virgin Islands 00802
(340) 774-5666 Ext. 10107
Regards,
Belton Jennings
CEO, VITAR
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Well, in a little under two months I’ve been
ignored by the mediator and told to go away by the CEO of VITAR; not a very
auspicious start. But I have a new direction. After a chat with Renee Petersen,
I decide to backburner the AG. I restart my hunt for a lawyer. Nathan Mirocha
explains why that won’t work but points me to the DLCA. That was article #1 and
amazingly I’m back here in less than ten months.
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Hello Mr. Jennings
I would like to thank you
for your suggestion of contacting the Attorney General’s office. I did. In
October, I described my situation in detail to Renee Petersen, but I did not
send her any documents. Based on my verbal description, she carefully said that
my situation could involve fraud and asked if I wanted to file a complaint.
After several more questions, I learned that when I start this process, I can’t
stop it. I would be subpoenaed to appear in court. Considering the risk of
COVID and the expense of travel, the likelihood that even if he loses and pays
a fine or goes to jail, along with the fact that I might not receive any
compensation, I decided to only plan on this route as a nuclear option,
something I would rather avoid.
You also mentioned that I
have a perfect right to sue Mr. Hanley and that my case would only be placed in
abeyance. So, I went looking for a lawyer. It was a tough search. I finally
found a lawyer who was willing to go over all my documents. Unfortunately, even
though he told me that I would probably win a case, there wasn’t enough money
in damages for him to take the case on contingency. But he was kind enough to
point me in the direction of the Department of Licensing and Consumer Affairs
because my situation might be covered by the Consumer Fraud Act 12a VIC Section
328.
I contacted DLCA in
November and submitted a mountain of documents. Since then, I have been getting
the run-around due to the inaction of the Real Estate Commission. Recently, to
try and speed up matters, I contacted a friend, former Senator and current St.
Croix Island Administrator to the Governor, Sammuel Sanes. He forwarded
everything I sent him to the Commissioner of DLCA and is talking with the
Government House legal counsel to see what options there are to motivate the
Real Estate Commission to do their job. And since there is a vacancy on the
Commission that the Governor needs to fill, I asked him to share my problems
with the Governor and see if I can talk to him.
I would like to expand on
two other issues in your last email. First, with the phrase “coaching Mr.
Hanley”, I was trying to say that someone needed to give Mr. Hanley information
from the four documents that I hadn’t sent to you yet. I was concerned that Ms.
Harris would schedule a ZOOM meeting with little to no preparation time to
share all the facts.
Next, to answer your
question, “If indeed the information you provided with your complaint is
only the “tip of the iceberg”, it respectfully begs the question: Why didn’t
you submit it?”, the answer is simple, because I hadn’t written it yet.
I hadn’t written it
because it was too uncomfortable. Tyler and Rachel eventually became best
friends. However, when the “negotiations” for our house were going on, we
didn’t know them. But I was furious with them because I thought they were
trying to cheat us out of thirty thousand dollars. It wasn’t until I was
waiting weeks for Ms. Harris to contact me that I resolved myself to
examine what happened in those few days. I called them with a bunch of
questions. Only then did I realize that they were not trying to cheat us.
Instead, Chris Hanley was lying to everybody about everything. So, I used those
weeks of waiting to write the last documents. I had every intention to send
them to Ms. Harris the moment that she contacted me. My trust was declining as
I waited but a one or two sentence email would have been sufficient.
Unfortunately, it never came.
I always seek to be fair.
I told Mr. Sanes in my last email that I don’t want anyone to be able to say
that I blindsided them. I’ve been at this for over a year and a half, and my
patience has grown thinner. The DLCA and the Real Estate Commission appear to
be unwilling to do their job which is to police the real estate brokers that
they license, so I included this in my last email to Administrator Sanes:
“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.”
Forewarned is forearmed.
Along with my tentative plans I am including the last documents that everyone
else has seen. I will leave it up to you as to what we do now. Please
understand that my comfort level with Ms. Harris is not good.
Sincerely,
David Mattera
Attached: Exhibit 2, Exhibit 3 – 1 of
3, 2 of 3, and 3 of 3
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Hi again Mr. Jennings
In my email on Sunday, I
mentioned the Consumer Fraud Act 12a VIC Section 328 that was suggested by a
helpful lawyer. It was remiss of me not to include a copy. It took me a while
to locate it. Here I am attaching a copy of that as well as the act that covers
suspension or revocation of license for real estate brokers.
One of the things that I
am currently working on is trying to figure out how you count violations. The
fraud act says $50,000 per violation. The question is how do you separate one
violation from another?
Dave Mattera
Attached: title 12a chapter 6 section 328, title 27
chapter 15 section 429
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Good
morning, Mr. Mattera…
In
the intervening year since we last heard from you, I retired as VITAR’s CEO in
May and the association has retained the Pinellas Realtor® Organization in
Clearwater, FL to manage it.
The
“PRO” staff executive now handling the Professional Standards aspects of
VITAR’s operation is Angela Emerson. For your convenience, I’ve copied
her on this and have also forwarded your Sunday, August 1 email and attachments
to her. She is also in possession of the entire case file (Case 0814-20CA
Mattera v. Hanley) as part of the records turnover.
Angela Emerson, MBA, RCE®, QAS, CIPS, C2EX, GREEN, ePRO, AHWD
Vice
President of Professional Development & Standards
Virgin
Islands Territorial Association of REALTORS®
4590
Ulmerton Road | Clearwater, FL 33762
P:
1.844.848.2732 | aemerson@vitarparadise.org
Best
regards,
Belton
Jennings
VITAR
CEO Emeritus
**********************************************************************************
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Dear Mr.
Jennings
I would like to
thank you for all your time that you have put into this effort. Hopefully the
Pinellas Realtor Organization will demonstrate a level of
professionalism and dedication similar to yours.
Sincerely,
David Mattera
Hello Ms.
Emerson
Please let me
know what we will need to do in order to move forward.
Thank you
David Mattera
**********************************************************************************
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Mr. Mattera,
Since this case is new to me, please clarify
the following:
Has there been any filing with the regulatory body or civil
court?
It is my understanding that you are willing to attempt
mediation before this case is reviewed by the Grievance Committee for
Arbitration. Please advise if my understanding is correct.
Kind regards,
Angela
Angela Emerson, MBA, RCE®, QAS, CIPS, C2EX, GREEN, ePRO, AHWD
Vice President
of Professional Development & Standards
Virgin Islands
Territorial Association of REALTORS®
4590 Ulmerton
Road | Clearwater, FL 33762
P:
1.844.848.2732 | aemerson@vitarparadise.org
VirginIslandsRealtors.com
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Hello Angela
I think you mean by your question, "Has there been any
filing with the regulatory body or civil court?", have I filed a lawsuit.
The answer to that is no. As for mediation, as I mentioned to Mr. Jennings,
initially I was gung-ho about mediation but the stalling by Ms. Harris left me
with a bad taste in my mouth. Can you provide me with any confidence that this
can be done in a reasonable period of time?
Dave
***********************************************************************************
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Mr. Mattera,
At this point, a new mediator will be assigned and we will
begin the process of scheduling the mediation conference.
Kind regards,
Angela
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Angela
That sounds like a plan.
Dave
***********************************************************************************
Monday Aug 16
Lengthy phone call by me with Angela. She has never been to the Virgin Islands
and can’t understand why no one is willing to conduct a mediation. I tell her
some things I learned in my nine years on the island.
***********************************************************************************
Friday Aug 20
Left message to call me. I was only looking for an update but with no great
expectations.
***********************************************************************************
Monday Aug 23
We played phone tag. Neither one of us really has anything to say.
***********************************************************************************
Tuesday Aug 24
Called the Attorney General’s Office.
**********************************************************************************
I never
expected the following email.
Mediation Case # 0814-20CA
Inbox
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Good afternoon, I have been asked
to serve as your mediation officer for the above-mentioned case. I would like
to schedule the meeting for Wednesday September 15th at 2:00 PM
EST. Please RSVP to this email as confirmation and a Zoom link will be sent out
for the meeting.
Michael
A. J. Bindman, CRB, GRI, ABR, SRS, RENE, CMLX_v, E-PRO®, AHWD®, SRES®, SFR
Broker Owner
NextHome Gulf to Bay
(727) 480-9699
Download my mobile
business card using the link below.
http://app.nexthome.com/mbindman
Past President Stellar MLS
Past
President Pinellas Realtor Organization
2017
President, Real Estate Business Institute
Real Estate
Mediator
Past
Chairman, City of St. Petersburg Nuisance Abatement Board
Member
Pinellas County Value Adjustment Board
735 Arlington Avenue
Suite # 309
Saint Petersburg, FL 33701
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Good for Hanley.
Kerri Hanley
Farchette and Hanley Real Estate
5190 Solitude
Christiansted VI. 00820
340.773.4665 Office
340.277.1072 Mobile
--------------------------------------------------------------------------------------------------------------------
Belton had told
me that mediation would be conducted by a VITAR representative from STT or STJ.
“In all cases, mediation by a trained VITAR mediation officer
is required as a first step prior to pursuing an arbitration.”
No problem with the Florida guy but
it is strange that the Hanleys responded in one hour. I guess it wasn’t so
unexpected for them.
--------------------------------------------------------------------------------------------------------------------
Notes from mediation of September 15 – Recordings not allowed
Prior to the mediation, I conducted a practice Zoom meeting with
Michael in which I asked several questions. The most important question for me
was, “Did you read all the documents?” He assured me that he had.
At the start of the mediation Chris Hanley stated that he didn’t
know why he was involved in this mediation because he had done nothing wrong.
He then went on to say that I had told him during the sale that I was totally
overwhelmed and was unable to handle anything and that I wanted him to do
everything.
Long ago, Chris had told Deb and I that Rachel was a Nervous
Nelly and couldn’t handle anything. He then told Tyler and Rachel that Deb was
a Nervous Nelly and couldn’t handle anything. If you know Deb and Rachel, you
realize that they are two of the most confident and capable women that you have
ever met. Chris wants to appear as some sort of savoir. So, he paints people as
wilting flowers that can only survive with his omnipotent help. Hearing him put
me in this category to Michael was nauseating.
Next, when I was speaking privately with Michael, he asked me
what I wanted. I responded that I wanted the entire commission of $40,350
returned. He started explaining in a rather elementary manner that the
commission was divided between the buying and selling broker, therefore I
couldn’t get both halves. I told him that this was a case of dual agency, at
which point there was an extremely long silence. He then finally said, “Dual
agency is not legal in Florida.” I told
him that our case had nothing to do with Florida. I also concluded that he
hadn’t read any of my documents that he had received. Imagine a real estate person
that tells lies; say it isn’t so.
He then disappeared to speak with Mr. Hanley. Reading all my
documents takes about one hour. Michael was gone for one full hour. When he
returned, I took my head off the table. He reported that Mr. Hanley was offering
$2500.
I said $40,350. He disappeared again and returned shortly with
an offer of $5000.
I said $40,350. He disappeared again and returned shortly with
an offer of $10,000.
I said $40,350. He disappeared again. I was curious when Mr.
Hanley’s greed would overcome his commonsense. We had reached that point. No
better offer was made. I found it interesting that a person who said he had
done nothing wrong would have offered $10,000 just for the heck of it.
-----------------------------------------------------------------------------------------------------------------------------
Now the hard sell started. Michael said that
the case would have to move to arbitration. I said “No”. He insisted and
appeared to be trying to find some document that would say I was required to
submit to arbitration. He couldn’t find anything, and the ZOOM meeting came to
an abrupt end.
Why would I refuse arbitration when an
arbitration resolution could force Mr. Hanley to return my commission? Back
when I had given up hope that Angela would find someone in the VI to conduct
the mediation, I called the Attorney General’s Office and started that ball
rolling. I sent all my documents and explained that I had given up on the Real
Estate Commission and VITAR mediation. During these discussions, a tidbit of
information was shared about VITAR that I had to verify for myself. There is an
ominous sentence tucked into the VITAR Code of Ethics Process under
Arbitrations:
Arbitrations: These are cases
involving a contractual business dispute between two parties. While these
cases normally concern broker-to-broker disputes, REALTOR® clients may also
invoke arbitration as long as they have a contractual agreement, such as a
signed listing agreement, property management agreement or buyer's broker
representation agreement with a REALTOR®. REALTOR® clients must agree to recognize the outcome of
an arbitration hearing as legally binding and enforceable. In all
cases, mediation by a trained VITAR mediation officer is required as a first
step prior to pursuing an arbitration.
Not REALTORS but only REALTOR clients agree in
advance that the outcome is legally binding. In other words, if Mr. Hanley’s
friends are chosen for the arbitration hearing and they say that I get nothing,
then I got nothing.