#9 The Real Estate Commission – Take 2
After throwing in the towel on the media, I decided on another possible avenue to get some help. Early in 2022, I contacted a friend, former Senator Nellie O’Reilly. I explained my situation and asked for her opinion of which senator I should contact. She pointed me to Senator Samuel Carrion. He and I started chatting in May. Eventually, other members of his staff got involved.
|
Jul 31, 2022, 2:59 PM |
|
||
|
||||
Good day Senator Carrion and Chief of Staff Andrew
Sorry to take so long in getting back to you but I wanted to put
several thoughts together. Not to mention, focusing on this problem is quite
draining having spent a couple of years with no results. It’s so easy to just
pass it off to the next day; even though days gradually add up into months. And
instead of thinking about miserable things, I have other more upbeat plans. I
have recently purchased a parcel of land here in Virginia, 34 acres to be
exact, to start a commercial composting operation. This aspiration was
something that I had tried to do on St. Croix with the help of Senators
O’Reilly and Sanes after Hurricane Maria. But as you know, even if doing something
on the islands would be for the betterment of all doesn’t mean it will be easy
or even possible. Perhaps, someday I can explain to you what I had hoped to
accomplish and maybe you would like to champion the cause. The islands
desperately need it. The endeavor will pay for itself and the USVI will end up
with less material in the landfills, as well as a virtually endless supply of
compost for homeowners and farmers. Bear in mind though, I wasn’t the first
person to think of doing this for the islands. Several have tried, all have
failed.
Hopefully you have used the time to pass along my articles to
other interested individuals as I have. I was pleased to hear that you haven’t
forgotten me and have been gathering information on the real estate situation.
I’m also glad that you suggested including your Chief of Staff, Ms. Andrew. An
extra set of eyes could prove very helpful. The articles that I have written
are not easy reading. I’m an engineer not a journalist; facts over fluff.
At this time, I feel that I have been running out of
options for finding justice. Approaching the Senators was going to be my last
attempt before going the route of social media. If you haven’t already, perhaps
you could reach out to the other Senators. They might be shocked to learn that
the commissioners they have confirmed to ensure the ethics of the real estate professionals
have actually been protecting the unethical behavior of those same people.
After they license, they’re supposed to police.
The Legislature has put in a great deal of time and
effort to write laws to create the Real Estate Commission, plus the laws to
task them with protecting the public. They have also passed a law covering how
the Real Estate Commission needs to deal with fraud:
2019 US
Virgin Islands Code
Title 12A - Consumer Code
Chapter 6 - Consumer Fraud and Deceptive Business Practices
§ 328. Remedies of the Department of Licensing and Consumer Affairs
- (b) The
Department may petition the Superior Court to impose a civil penalty in a
sum not to exceed $50,000 against any person found by the court to have
engaged in any method, act or practice declared unlawful under this
chapter. If the court finds the method, act or practice to have been
entered into with the intent to defraud, the court may impose a civil
penalty in a sum not to exceed $50,000 per violation.
Mr. Hanley fraudulently lied to me about the sale
price of my home in order to double his commission and thereby receive an
additional twenty thousand dollars. I learned this from the internet:
Fraudulent Misrepresentation
Under contract law, a plaintiff can recover compensatory
damages against a defendant when a court finds that the defendant has
committed fraudulent misrepresentation. Courts will typically find that a
defendant has committed fraudulent misrepresentation when six factors have been
met:
1. a representation was made
2. the representation was false
3. that when
made, the defendant knew that the representation was false or that the
defendant made the statement recklessly without knowledge of its
truth
4. that the fraudulent
misrepresentation was made with the intention that the plaintiff rely on
it
5. that the plaintiff did rely on the
fraudulent misrepresentation
6. that the
plaintiff suffered harm as a result of the fraudulent misrepresentation
Concerning these factors, he’s batting six for six.
And this is not just a civil offense, it's a criminal offense that can carry
jail time. More from the internet:
33 U.S. Code § 931.Penalty for misrepresentation
Any claimant
or representative of a claimant who knowingly and willfully makes a false
statement or representation for the purpose of obtaining a benefit or payment
under this chapter shall be guilty of a felony, and on conviction thereof shall
be punished by a fine not to exceed $10,000, by imprisonment not to exceed five
years, or by both.
And there’s more! As the seller, I wasn’t
the only party that he defrauded. The buyers were renting an AirBnB while they
were waiting to move into our house. They asked Mr. Hanley repeatedly about
moving in early since my wife and I were moving off island before closing. This
aim was something we the sellers as well as the buyers told Mr. Hanley
repeatedly that we wanted to happen. Mr. Hanley lied to them that that was not
possible. When we finally met them, we arranged for them to move in as soon as
we left. Unfortunately, due to the delay in notifying the AirBnB, they ended up
forfeiting several weeks of prepaid rent which would not have occurred if Mr.
Hanley had not lied to them about the possibility of moving in sooner.
If this fraudulent activity were to be
handled as a criminal complaint, it would require working through the Attorney
General’s Office. The individual that I have been corresponding with is
Assistant Attorney General Patricia Lynn Pryor. We have exchanged several
emails and lengthy phone calls. We both agree, having citizens who feel they
have been wronged by a real estate broker enlist the aid of the Department of
Justice is a very bad idea. Unfortunately, if the Real Estate Commission
refuses to do their job a citizen really doesn’t have much other hope for
justice.
Perhaps you can help eliminate the need
for anyone to go in that direction. I’ve put together a list of possibly
beneficial courses of action. I’ll start with my own personal request. In
my emails with Nathalie Hodge at DLCA, after spinning my wheels for months, I
included Commissioner Evangelista in all my subsequent emails that I sent to
Ms. Hodge after it became apparent that she had no desire to help me and was
only hoping that I would tire and go away. So, could you please contact Mr.
Evangelista just as Mr. Sanes and Ernice Gilbert did, in order to find out why
the Real Estate Commission refuses to do their job? However, unlike Mr. Sanes
and Mr. Gilbert, could you please inform me of what he says? I assume it must
be quite an earful seeing as both Sanes and Gilbert chose to never communicate
with me again after having spoken to Mr. Evangelista about my complaint. I’m
only left to wonder; does it have anything to do with the power that Mr. Hanley
wields over the situation or is there a desire to cover up something that may
prove embarrassing for the government such that Mr. Evangelista had to convince
Sanes and Gilbert to drop their interest?
When you chat with him, if he tells you
that somehow DLCA wants to blame the situation on something that was out of
their control such as my lack of perseverance or COVID or whatever, then see if
you can jumpstart my complaint. I never dropped it; I only grew tired of being
ignored. Do not accept the excuse that they are unable to hold meetings. With
COVID, the world has learned to function on ZOOM meetings. Nothing in the law
says that they have to be face to face to hold a meeting. After all, they
approve licenses over the phone. And besides, why would the government want to
spend money so that these individuals can fly monthly to meetings? This will
place DLCA in a bind and my guess is that they will “gladly” cooperate. Then
I’d like you to follow the events. As a gentleman’s bet, I’ll wager you that if
the Real Estate Commission is actually forced to do their job, they will
resign en masse rather than pass judgement over Mr. Hanley’s
deeds, knowing full well that if they are forced to prosecute his actions, this
will open the floodgates.
My next objective deals with other
citizens who feel they have been cheated in a real estate transaction.
There is a word that gets used very often when dealing with government
functions. This word is probably so overused that most people just tune it out.
However, in this case this word is of ultimate importance. The word is transparency.
The Real Estate Commission’s existence and purpose are opaque. Everything about
them is kept hidden; why? A typical citizen might ask these questions:
WHO are they? Good luck on this one. I spent hours just
searching for their names with no results. I challenge you, using public
sources, find them.
WHAT do they do? A friendly lawyer sent me their way. Once
again, using public sources, find anything that states that their job is to
police real estate brokers (n.b. the actual laws written by the legislature
don’t count).
HOW does anyone contact them? Assuming that you actually knew that the
Real Estate Commission’s job was to police brokers, see if you can find
anything anywhere that explains how and where to send a complaint.
WHY don’t they do their job? This is the ultimate question. I’m quite
sure I know the answer but I would like to hear it from you. Good luck!
The next group of objectives is a job for
the Senate. These objectives should be codified not merely presented to DLCA as
suggestions. The law states:
2019 US
Virgin Islands Code
Title 27 - Professions and Occupations
Chapter 15 - Real Estate Brokers and Salesmen
§ 422. Duties of Real Estate Commission
(5) submit to the Governor
through the Commissioner of Licensing and Consumer Affairs annual reports
containing a summary of its work, a register of all persons licensed under the
provisions of this chapter, and such other data as the Governor or the
Commissioner of Licensing and Consumer Affairs may request or as may be deemed
proper by the Commission;
Simply providing to the governor an annual
report that summarizes various actions … phooey – PROVIDE A REPORT TO THE
PEOPLE and update it monthly during scheduled meetings. When a citizen submits
a complaint, the public should be able to learn about it in an easy to find
location. The broker’s name and response should then be shown followed by the
resolution decided upon by the Commission. If a bank is robbed, that
information will be published in a newspaper. When a possible perpetrator is
arrested the person’s name is published. When a trial occurs, the results are
published. Could you imagine living in a world where when a bank is robbed
there is no news, nothing? Such are the procedures of the Real Estate
Commission.
And while you’re at it, if any exist, how
about printing and allowing the public to see the rules and regulations that
the Commission is supposed to be enforcing and brokers are supposed to be
following?
(6) adopt, amend and
repeal rules and regulations and bylaws not inconsistent with the provisions of
this chapter relating to the organization and operation of the Commission and
the licensing under this chapter of real estate brokers and real estate
salesmen, which rules, regulations or bylaws shall be approved by the Governor.
I asked Nathalie for a copy of these and
never got a response. I’ll bet that when you look inside you’ll find that there
are no rules for them to enforce. Perhaps that’s one of the reasons why they
choose not to handle complaints. And besides, you can’t be blamed for not
following the rules if there are none.
The final objective is for the benefit of
all people who may wish to buy or sell a house. Eliminate dual agency. Most of
us don’t know what it is or how it can harm us, until it’s too late. And then,
like myself, we ask, “Why is this even legal?” Simply because the National
Association of Realtors is one of the most powerful lobbying organizations in
the country. Some states are bucking the trend and doing away with it. It’s
time for the Virgin Islands to join in and do the right thing.
Eliminating dual agency will help more
than just the people who are buying and selling homes. It will help individuals
who wish to enter the industry. In one of my articles, I quoted Senator Johnson
who wished to expand opportunities for local Virgin Islanders and to support
young entrepreneurs. Without dual agency, every real estate sale will involve
two agents who share the commission. More importantly, they will have the best
interests of their clients in mind.
Eliminating dual agency will have another
likely positive effect. Buyer’s agents will probably set up shop. This is a
great opportunity for budding entrepreneurs. Rather than having to make a large
investment by opening a brokerage and then hoping to slowly build up some
listings while knowing that most listings go to the big guys; the path to
business ownership is far more possible. Since buyer’s agents don’t accept
listings, their only job is to help people to purchase a home. It provides for
a lot easier entry, “Hang out your shingle and you’re in business.”
With a new law you could be even more
forward thinking and codify the requirement that individuals licensed by the
USVI must choose to be either a listing agent or a buyer’s agent. I believe I
read that California is considering this option. Citizens will know they are
being best served when the two agents involved in a transaction by definition
have an adversarial relationship. One agent only lists and
shows houses and then tries to get the seller the highest price while the other
agent only assists the buyer in choosing a house and then
trying to get the lowest price.
This might spur further entrepreneur
developments that will assist home sellers. I mentioned above that listing
agents only showed those same listings. When my wife and I moved to St. Croix
in 2011 and bought a house, we toured nine houses with our agent. The number of
times that a listing agent showed up to show the house was zero.
When Chris Hanley listed our home, he scheduled with agents who were bringing
potential buyers. The number of times that he showed up to show our home? …zero.
When we sold our home in Massachusetts, something like this would be unheard
of. Every time our home was shown, our listing agent showed up. Please
understand, I’m not saying that Virgin Islands listing agents never show up.
I’m sure there are lots of hardworking listing agents on the islands. All I’m
saying is that I have never seen one. And this could be the scenario that spurs
further entrepreneurial development that will assist home sellers. We are entering
the age of low cost brokerages. Homeowners need a break and if they get that
break they will be able to pass along some of that break to the home buyers.
Who loses? The folks who have been raking in the money for doing practically
nothing. Who wins? Everybody else!
With a new and vibrant entrepreneurial
spirit perhaps, someone might be clever enough to change an age-old real estate
paradigm. A listing agent, whose job it is to get the seller the highest price
for a home, receives more commission money when the sale price is higher; very
logical. However, a buyer’s agent whose job it is to get the lowest price for
his buyer receives less commission money when the sale price is lower on a
particular home. Anyone with a brain is going to be skeptical and rightly so. I
look forward to a really clever entrepreneur who can remedy this situation.
Could you imagine working with a real estate agent who was helping you to
purchase a home and you knew absolutely, positively that it was in this
person’s best financial interest for you to get the lowest possible price on
the home of your choice?
The following website is very useful to
see which states prohibit dual agency and then you can follow the links as to
their actual laws:
https://listwithclever.com/dual-agency/
It’s very informative to read how some
states that say they don’t allow dual agency provide workarounds that perhaps
only a lawyer could explain. Whereas, Vermont and Wyoming are very clear in
their laws, with the clauses, “Dual agency is prohibited” in the case of
Vermont or “A licensee shall not establish dual agency with any seller or
buyer” in the case of Wyoming.
Many states that do allow for dual agency
assuage their consciences by providing what they feel is security for their
citizens by requiring real estate brokers to provide crucial information about
dual agency. And some further relieve their guilt when after the written or
verbal explanations are given to clients, signatures are required to guarantee
that clients fully understand all the various ramifications and consequences of
dual agency. GARBAGE – GARBAGE – GARBAGE!
I have no idea what the requirements are
in the U.S. Virgin Islands. But this is in the text from my listing agreement
that my wife and I signed:
Transaction involving two agents in the
same brokerage: In
the event that an agent of Farchette and Hanley Real Estate procures a buyer
for the property which is listed with Farchette and Hanley Real Estate, the
agents and brokerage shall become disclose dual agents. This is known as dual
agency. As a dual agent, a real estate agent and brokerage represent two
clients whose interests are, or at times could be, different or adverse. For
this reason, dual agents may not be able to advocate on behalf of the client to
the same extent the agent may have if the agent represented only one client.
This is followed by the lists of
promises that Farchette and Hanley will follow in the event of dual agency,
virtually all of which were thoroughly trashed and broken as I explained in my
third blog article. And then to further distance himself from any potential
liability, Mr. Hanley has the following disclaimer:
Responsibilities of the Parties: The duties of the agent and
brokerage in a real estate transaction do not relieve the buyer and seller from
the responsibility to protect their own interests. The buyer and seller are
advised to carefully read all agreements to assure that they adequately express
their understanding of the transaction. The agent and real estate brokerage are
qualified to advise on real estate matters…
In other words, even though you’re going
to be handing Farchette and Hanley a pile of money, YOU’RE ON YOUR OWN. I
vaguely recall signing this document on the hood of a car just before the
Hanleys left our house. I obviously didn’t read it at the time. No explanations
were ever given. The subject of dual agency never came up. My wife read it after
the fact and pointed out various points that were confusing but what were we
going to do? On top of which, in the way it’s written it seems to infer that
you actually get MORE services when you enter into dual agency rather than
less.
The citizens of the U.S. Virgin Islands
need to be protected from dual agency. Please!
Sincerely,
David Mattera
|
Mon, Aug 15, 2022, 10:06 AM |
|
||
|
||||
Good day Senator
Carrion and Chief of Staff Andrew
Hi Sonia. I left you a message
and didn’t hear back; no problem. It will probably be easier for us if I type
this rather than talk about it. I have three requests.
First, could you please
tell me the names of the Real Estate Commissioners. It’s disconcerting that
this is a problem. I mentioned in an earlier email that a list of their names
does not exist in the public domain. Who are they? This is both odd and
troubling.
Second, Senator, could you please contact DCLA
and move my complaint forward? I am unable to make this happen. I cannot
advance past their stonewalling. I hope that if they were made aware that
someone with more authority than me was watching, their opportunity to stall
indefinitely will hopefully be removed. And please ask that you be kept up to
date with developments. I think you will find them informative.
Lastly, along those lines. I feel that all the
Senators should be made aware of my agony with trying to get the Real Estate
Commission to merely do their job. Unless they have an actual case to follow,
they have to take the word of the Commission regarding the quality of their
work. Therefore, could you please forward the address of my blog along with a
short statement to your fellow Senators? Ask if they would like to also
be kept up to date as to future developments with actions or inactions
concerning my complaint. I would be happy to answer all their questions.
Sincerely,
David
-------------------------------------------------------------------------------------------------------------------
|
Fri, Sep 9, 2022, 11:46 AM |
|
||
|
||||
Good Day Mr. Mattera,
It was a pleasure speaking with you today, as
per your request enclosed is the list of Real Estate Commissioner Members;
Tippy Alfred
Yvonne Toussaint
Sharon Amey
BJ Harris
Stephanie Hodge
Fred Vialet
Regards,
Sonia Andrew
Chief of Staff
Office of Senator Samuel Carrión
34th Legislature of the Virgin
Islands
3022 Estate Golden Rock
Christiansted, VI 00820
340-712-2240
When I asked Sonia
where she found the list of commissioners, she told me she got it from the DLCA
website. At first I was confused. It wasn’t there a year ago; I had scoured the
DLCA website and every other government website I could think of looking for
the names.
Later, I verified
this for myself. And it occurred to me, not being a big believer in
coincidences, I have a suspicion that someone who read one of my documents had
the names put on the website. Very interesting.
And who should be
on the Commission but BJ Harris, the same broker who was supposed to conduct
the mediation through VITAR, the Virgin Islands Territorial Association of
Realtors. She accepted the request from VITAR to mediate and then ignored me
until I went away. I have a bad feeling.
|
Tue, Nov 8, 2022, 11:15 AM |
|
||
|
||||
Good Afternoon Sonia and Happy Election Day
When we last spoke in mid-October we said that
we would chat again in a couple of weeks. I assume that you are still waiting
to be contacted by DLCA in order to set up an appointment to discuss my
situation, yes? Is there hope?
On another note, I asked you to ask the
Senator, “If the law states that only three Commission members are allowed to
be brokers and currently four members are brokers, who broke the law; the
Governor who nominated the fourth or the Legislators who voted for the fourth?”
I'm curious what he thinks.
Many thanks,
Dave
-------------------------------------------------------------------------------------------------------------------
|
|
|
||
|
||||
A
meeting to discuss the Real Estate Commission with Mr. David Mattera.
|
When |
Wed Feb 22, 2023 10am – 11am (EST) |
|
Who |
Sonia
Andrew, Samuel Carrion, nathalie.hodge@dlca.vi.gov, richard.evangelista@dlca.vi.gov... |
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wow, in only six
months we managed to get a meeting with the Commissioner.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Constituent Meeting (Real Estate
Commission)
2023-02-22 15:01 UTC
recorded by Janella John
transcribed by David Mattera
Attendees: Commissioner Evangelista, K’wanda Daniels, Sonia
Andrew, Janella John, David Mattera
Commissioner Evangelista - …come in front of the real
estate commission yet. I don’t know but I can make some inquiries. But good
morning and if I’m in a noisy environment because we had to relocate on St.
Thomas. Good morning. Thank you very much. And I’m here to listen to you. Ms.
John good morning. Ms. Andrew good morning.
All righty it’s all yours, sir.
David Mattera - Alrighty, let’s see. This has taken
over two years. I would want to remind everyone of the old saying, “Justice
delayed is justice denied”. January of
2021, Ms. Hodge told me in an email what would happen, that I would give my
complaint and a copy would go to Mr. Hanley, the commission would review both
complaints, meet with us in a fact finding meeting, deliberate and then provide
us with a determination. And I chased after Ms. Hodge for six months and never
got anywhere. It was brutal. She even
mentioned three times in an email,
“Should you have any questions do not hesitate to contact me or my
assistants” and she gave Tiffany’s name and Genitha’s. And I would ask questions. She never answered
any questions. I mean it was quite obvious, she wanted me to go away. I got Sammy Sanes involved and I think you
talked to him. Nothing happened. It’s
been pretty rough. But I want to find a little justice and I’m willing to
compromise, but I need somebody to talk to me.
Commissioner Evangelista - So I’m listening to you
and like I said there is a board and Ms. Hodge is not the board so I would have
to actually inquire as to what the status of your complaint with the
board. If it even got to the board
because we have no reason to prevent things from going to the board. But I can tell you about the Real Estate
Commission board is that within the past couple of months the membership changed. Some people got out. We have a new
chairman. So, I think you’re going to
see some movement as it relates to your issue.
I can apologize because I know you’re upset. I can just say that I’m hearing you and
whenever you sent your information forward I would forward it to where it needs
to go. Because contrary to what people think, I actually have no real direct
power and control over the board. They
are who they are. But I can assist you
by moving your case forward. And you know I’m going to apologize because I
didn’t get involved sooner. Because I have a very open door policy. If you request something from me, we make it
happen. Senators Carrion’s office is very aware of that. Ms. Daniels who is my right hand and a left
hand, I mean she makes it happen. But when something is not within my
jurisdiction, I don’t actually overstep but because your grievance has been so
… has been dragged out so long, I’m actually going to intercede at this point.
Ms. Hodge is actually at a scheduled training that wasn’t on our official
calendar at DLCA so I’m going to make it a point I speak to the chair of the
Real Estate Commission and get you on that next agenda high or low. If not
February, definitely March. I just wanted to let you know that so I’m listening
to you. And I’m going to make sure that someone can hear you. So, you can have
an audience that can make a decision for you.
K’wanda Daniels - Um I’m sorry commissioner. I’m
sorry, one second, I’m sorry to interrupt but the last email from Ms. Hodge I
believe Mr. Mattera’s complaint was before the agenda on the board’s agenda and
that was on February 16th per
her email.
David Mattera -
I contacted the board in 2021. We’re talking over two years ago this has
been going on. Nothing here is recent. New people on the board in the last two
months - I mean I understand that. But technically its irrelevant compared to
the fact that this should have happened, all and been finished, two years ago.
I basically was sending emails to Ms. Hodge, I was making phone calls, I was
doing everything in my power to move this forward and basically the only word
that really describes the situation is “ignored”. And I don’t live there
anymore. So, I can’t go and knock on the door. All I can do is make phone calls
and send emails and then even try to get other people to be involved and I
tried everything.
Commissioner Evangelista - Like I said, I hear you. I
hear your pain. You know, I don’t know why your complaint hasn’t been heard or
has been heard and they’re waiting for something from the Real Estate Board. I’m
going to personally intervene to get some questions asked. And I will
personally get back to you that’s all .. that’s what I’m saying to you at this
point in time.
David Mattera - That is fine, excellent.
Commissioner Evangelista - You don’t have to ….
David Mattera - Before they make a decision I would
like to speak to the chairman and offer a compromise.
Commissioner Evangelista - That’s good to know. I
would be happy to deliver ….
David Mattera - I don’t think they are going to want
to do what essentially the laws says they’re supposed to do. Mr. Hanley has a
business and having his license taken away would probably not be a good thing
for the island. Even though the law kind of leans that way if all my
allegations are true and I assure you, they’re all true because a lot of them I
have in writing. So, I would like to offer a compromise. But I would like to speak to the
chairman. Who is the current chairman?
Commissioner Evangelista - I believe it’s a gentleman
named Laurent Alfred
David Mattera - Ok
Commissioner Evangelista - I can confirm that to you
in an email when I get back to St. Croix tomorrow.
David Mattera - Understood. Just tell me because I’m
running on probably an older list. Let me know who the board is and who the
chairman is. And the chairman and I could have a phone call and I think we can
lower the temperature of this mess and that would be a good thing.
Commissioner Evangelista - Sure, like I said I’m personally intervening, not to represent you but to actually push this forward on the agenda because I’m
very annoyed at this point just listening to you and what you’re saying. That’s unlike anything I’m part of at DLCA
since I’ve been here. I make things
happen.
David Mattera - Right, like I said I’ve been at this over two years
and the frustration level is through the roof.
So, I think that is a good place to leave. Saying we’ve started this, and
I look forward to hearing from you back. You can address everything to me and
to the wonderful people in Senator Carrion’s office, because they are going to just watch what’s
going on because they are kind of involved now. And then if you’d like to be
involved, we could have another one of these meeting. When you get a little bit
more information about what is going on and then we can figure out how we can
just clean up this mess real quick.
Commissioner Evangelista - Sure and I have to thank
you for your continued patience, your perseverance. You know I’m an attorney as
my profession so I actually understand and take to heart when you say justice
delayed is justice denied. So, Senator Carrion’s office will feel comforted
knowing that I’m going to personally intervene at this point so we can move the
needle forward on your matter. And Ms. Daniels, who is actually my boss, will
ensure that that happens. She’s the reason I can say what I say.
David Mattera - Yes, it’s good to have that sort of
help. It’s wonderful.
Commissioner Evangelista - Okay, so, I’ll email
within 24 hours with the new board members and the chairperson. And I’ll follow
up on the other issues for you.
David Mattera - Excellent sir, thank you. Thank you very much.
Commissioner Evangelista - You have a choice in who
you speak to at ten o’clock in the morning on a Wednesday and I thank you for
choosing the commissioner of DLCA and have a wonderful day. Thank you Senator
Carrion’s office, Ms. Daniels.
K’wanda Daniels - Any time. Thank you so much
Commissioner.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Awesome, Commissioner Evangelista is going to
get personally involved. Thing will move quickly, now. I hope.
--------------------------------------------------------------------------------------------------------------------------------------------------------
|
Tue, Feb 28, 1:10 PM |
|
||
|
||||
Good afternoon Commissioner Evangalista,
I am reaching out as a follow up to our teams meeting last week
where we discussed moving forward once the contact information for members of
the Real Estate Commission Board were shared with Mr. Mattera. I hope to
hear from you soon.
Best,
Janella John
Legislative Assistant/ Constituent
Outreach Coordinator
Office of Senator Samuel Carrión
35th Legislature of
the Virgin Islands
20 Estate Golden Rock, C’sted, VI,
00820
(o) 340-712-2222 | (c) 340-513-9033
---------------------------------------------------------------------------------------------------------------------------
|
|
|
||
|
||||
Good Day Ms
John:
The Chair of
the Real Estate Commission is Mr Laurent Alfred. Unfortunately our board
members so not have official emails so kindly send Mr Alfred an email via my
email - Richard.Evangelista@dlca.vi.gov and I shall get the email to Mr
Alfred. Additionally, I was unable to get a status on Mr Mattrra’s matter last
week so I will do so when I return to the Territory next week.
Thank you,
RTE
---------------------------------------------------------------------------------------------------------------------------
|
Wed, Mar 1, 10:08 AM |
|
||
|
||||
Good day Mr. Evangelista
Could you please pass this message along to Mr. Alfred.
Good day Mr. Alfred
My name is David Mattera. I filed a complaint,
1455-21-011-029/Fachette and Hanley, with the Real Estate Commission in
November of 2020. It is yet to be resolved. I would like to speak with you to
see if we can come to an agreement/compromise. Please contact me at either:
340-642-xxxx or xxxx@gmail.com
It might be best if you read all the documents regarding
this case so that we have a place to start our conversation.
Thank you,
David
Mattera
--------------------------------------------------------------------------------------------------------------------------------------------------------
It’s been three years. What’s a couple more
weeks?
--------------------------------------------------------------------------------------------------------------------------------------------------------
|
Tue, Mar 14, 12:00 PM |
|
||
|
||||
Good day Mr. Evangelista
I have not heard from Mr. Alfred. Could you please see if there
is a problem and let us know?
Thank you for your time and patience,
David Mattera
--------------------------------------------------------------------------------------------------------------------------
|
Tue, Mar 14, 12:05 PM |
|
||
|
||||
Good afternoon Mr. Mattera,
Noted on my end. Fingers crossed for a reply soon.
Best,
Janella John
Legislative Assistant/ Constituent
Outreach Coordinator
Office of Senator Samuel Carrión
35th Legislature of
the Virgin Islands
20 Estate Golden Rock, C’sted, VI,
00820
(o) 340-712-2222 | (c) 340-513-9033
---------------------------------------------------------------------------------------------------------------------------
|
Wed, Mar 22, 12:52 PM |
|
||
|
||||
Good afternoon Mr. Evangelista
I’m not sure if emails are getting through. I last heard from
you on February 28th asking for an email for Mr. Alfred that I
would send to you. I sent that to you on March 1st. In it I asked
Mr. Alfred to contact me. I have not heard from him. On March 14th,
I asked you for an update but did not get a response. If you receive this
please fill us in on what has happened so far.
Sincerely,
David Mattera
p.s. While I wait, I remember:
“It does not matter how slowly you go as long as you do not
stop” -Confucius.
---------------------------------------------------------------------------------------------------------------------------
|
Wed, Mar 22, 1:30 PM |
|
||
|
||||
Good day Mr. David,
Wow, still nothing yet? I will try to make
contact from my end.
Best,
Janella John
Legislative Assistant/ Constituent
Outreach Coordinator
Office of Senator Samuel Carrión
35th Legislature of
the Virgin Islands
20 Estate Golden Rock, C’sted, VI,
00820
(o) 340-712-2222 | (c) 340-513-9033
---------------------------------------------------------------------------------------------------------------------------
|
Wed, Mar 22, 1:49 PM |
|
||
|
||||
Good Day Mr. Mattera:
My apologies. I just followed up with Mr. Alfred.
Regards,
RTE
---------------------------------------------------------------------------------------------------------------------------
|
Wed, Mar 22, 2:53 PM |
|
||
|
||||
Good afternoon Mr. Mattera,
My name is Laurent Alfred, Chair of the Real
Estate Commission. I am writing to let you know that the Commission is in
receipt of the file of materials that you provided regarding your issue with
Mr. Chris Hanley. We have assigned a subcommittee to review the
file. This subcommittee will be reporting back to the Commission this
month at our meeting on the 30th. Of course our Commission's review and
discussion of the complaint will occur in executive session, but I will be
happy to update you after this meeting on what our recommendations and steps
forward will be regarding this matter.
Please feel free to reach out after March
30th. Thank you.
--
Laurent "Tippy" Alfred
Off: 340 719 1775
Cell: 646 226 1738
---------------------------------------------------------------------------------------------------------------------------
This is progress but not quite what I wanted. I had
told Mr. Alfred in my message I sent through Commissioner Evangelista that I
wanted to speak with him to see if we could come to an agreement/compromise. I
have a fear that there will be an attempt to somehow bury my complaint in
bureaucracy as VITAR did. And what’s this about a subcommittee? Long ago
Nathalie Hodge said,
“The
Commission will review both complaints and meet with you both in a Fact-Finding
Meeting, deliberate then provide you with a determination.”
Nothing about a subcommittee. It seems the rules
have changed. But then again, as I’ve said all along, I don’t believe there are
any rules. They do whatever they want. However, one thing I do know, if BJ
Harris is on the subcommittee, I have no hope.
So, I tried contacting Mr. Alfred. His office
number is for his store Riddims. I left a couple messages with the person who
answered the phone but never received a call back. He hasn’t set up his voice
mail on his cell phone, so I couldn’t leave a message there. Their meeting on
March 30th has come and gone. I assumed I’d get an update. Silly me.
Finally, on April 12th, he answered.
I hoped for a far reaching conversation. That didn’t happen. He told me that my
complaint had been assigned to BJ Harris and Stephanie Hodge and that they
hadn’t finished.
I mentioned my blog and told him that I hoped we
could have a chat after he read it. I followed our call with an email.
---------------------------------------------------------------------------------------------------------------------------
|
Wed, Apr 12, 10:38 AM |
|
||
|
||||
Good day Mr. Alfred
I am glad that we finally had a chance to say hello. As
a quick introduction, here is a copy and paste from my resume to show you how I
spent my time on the island until we moved in 2020. My wife put in full weeks
volunteering for the Women’s Coalition and other worthy causes. We truly wanted
to make the island a better place.
EDUCATION
2002-2003
Salem State College, Salem MA, Master of Education
1979-1982 Northeastern University,
Boston MA, Bachelor of Science Electrical Engineering
1976-1978 Rensselaer Polytechnic
Institute, Troy NY, Physics Major
EXPERIENCE
2015 - present
CONSTRUCTION ESTIMATOR, Rooftops, St Croix USVI
Calculate bid prices for various
construction projects.
2015 - 2018
NCCER Instructor, Tanghow Brothers, St Croix USVI
Taught NCCER safety and welding
courses.
2013 - 2018
MATH INSTRUCTOR, UVICell, St Croix USVI
Taught SAT math prep to high school students and PRAXIS
certification prep to VI teachers.
2013 – 2014
CONSTRUCTION ESTIMATOR, Vivot Construction, St Croix USVI
Calculated bid prices for various
construction projects.
2013 – 2014
MATH and COMPUTER PROGRAMMING TEACHER, AZ Academy, St Croix USVI
Taught Elementary Math, Algebra II, and BASIC Computer
Programming.
2012 – 2013
MATH and SCIENCE TEACHER, Manor School, St Croix USVI
Taught Pre-Algebra, Algebra I,
Algebra II, Geometry, SAT Math Review, Computer Programming, and Chemistry.
Classes ranged from seventh
grade to twelfth grade, were varied in size and diverse in talent, however, all
required various amounts of remedial work.
2012 – 2013
SCIENCE PROJECT MENTOR, St Croix Curriculum Center, USVI
Mentored twenty-plus students at
the University of the Virgin Islands, Saturday High School S.T.E.M. program.
2011 – 2012
CERTIFIED ELECTRONIC INSTRUMENTATION INSTRUCTOR, St. Croix Education Complex,
USVI
Taught the N.C.C.E.R. (National
Center for Construction Education and Research) Core Curriculum and
Instrumentation programs at the St. Croix Education Complex. Used
competency-based training coupled with performance testing provided by a
standardized national program of accredited craft training. Subjects covered
included: Analyzers, monitors, and recorders. Programmable logic
controllers. Grounding and shielding systems. Control valves,
actuators, and positioners. Tubing and piping systems. Detectors,
transducers, and transmitters. The program was sponsored by HOVENSA, the
island’s refinery, to train high school students for future employment as
technicians. Also provided remedial lessons in mathematics and English
composition and supplemental classes in electronics and computer programming.
I also mentioned a blog that I have been working on that
covers my entire miserable odyssey (best read in numerical order). Plan on
reading for a couple of hours because there are several different but related
subjects.
https://usvirealestateproblems.blogspot.com/
I would like to see my problem fixed such that it can’t
befall others. And you have the power to do that. Take your time and then let
me know when a convenient time would be for you and I to have a chat and see if
we can work out a compromise that will prevent this mess from getting any
worse.
Thanks for your time,
Dave
---------------------------------------------------------------------------------------------------------------------------
I waited until their April meeting had to be
over, expecting an update. It never came. So, Monday May 1st, I started
calling his cell phone morning and afternoon. He probably figured out what I
was going to continue doing so he responded with an email on Wednesday the
third.
---------------------------------------------------------------------------------------------------------------------------
|
Wed, May 3, 10:29 AM |
|
||
|
||||
Good morning Mr. Mattera,
I am cc'ing DLCA legal counsel Atty. Melanie
Fenzel.
I apologize that I have been unable to take
your calls on this matter due to my time constraints.
The Real Estate Commission has a sub-committee
of two Commission members working on summarizing the large volume of materials
that were submitted with your complaint. The sub-committee has not yet
completed their final summary, but we have received updates from them on their
progress at our past three meetings. I anticipate that we will receive
and review the summary in advance of our next REC meeting (June
22).
As you know, under 27 VIC § 422, the
Commission is empowered to hold hearings and "to recommend the issuance,
suspension, revocation or reinstatement of licenses", but is not empowered
to order any other remedy to a complainant. If you are pursuing any other
remedy in this matter, I recommend that you do so by filing an action with the
Superior Court.
Once the summary of the matter is received
from the sub-committee, the Commission will decide on whether a hearing to
recommend the suspension or revocation of any license is
warranted.
I will not have the time to review the entire
file or discuss it in depth with you as you proposed. This is why I have
assigned the matter to the sub-committee. Thank you for your patience.
Please note that the Real Estate Commission
values your stated perspectives on the issues of "dual agency"
contained in your blog and complaint, and is taking lessons learned from your
complaint into consideration with regard to our recommendations on proposed
revisions to the real estate licensing statute.
Thank you,
Laurent Alfred
--
Laurent
"Tippy" Alfred
Off: 340 719 1775
Cell: 646 226 1738
--------------------------------------------------------------------------------------------------------------------
How should I read this? I don’t get a “warm and
fuzzy feeling”. Understanding, as Mr. Laurent states, the Real Estate
Commission’s only authority when handling a complaint is to suspend or revoke a
license, they still have two options.
First, contrary to Mr. Laurent’s implication,
the Commission does have a huge unwritten authority. They can say to a broker
who has a complaint filed against him, “Make this right or we will revoke your
license.” At which time, any sane broker will do whatever is necessary to keep
his license. Conclusion - Technically Mr. Laurent is correct, the Commission
cannot order a remedy, but their power to persuade a remedy is
ample.
For the second option, the Commission could hide
behind their claimed lack of authority (I sense this coming). They can state
something like, “Even though we view Mr. Hanley’s conduct as worthy of disciplinary
actions, we are unable to order any remedy for you. And seeing as this is his
first offense, we will not revoke his license. But rest assured, we will put a strongly
worded note in his file.” Conclusion – When this happens it will be time to
tell the world my story.
--------------------------------------------------------------------------------------------------------------------
The Real Estate Commission was to meet on June 22 to
discuss my matter. Based on past experience, I didn’t expect any news.
Amazingly, early that morning I got a call from none other than BJ Harris, the
same individual who was supposed to conduct my VITAR mediation and is now one
of two subcommittee members looking over my complaint along with Stephanie
Hodge. We had a very long chat. It seems that a couple of years ago when she
was asked to conduct my mediation, she agreed but never received any more communication
from the CEO of VITAR and just assumed the issue was settled.
She was calling before she attended the Commission
meeting to see what I am hoping for. She actually wanted to listen to me,
unlike Mr. Alfred and anyone else from DLCA/REC. I told her that I wanted my
money back. She stated that she is a firm believer in the requirement for
ethics among real estate professionals and is extremely displeased with Mr.
Hanley’s actions. His behavior while acting as a dual agent was not permitted.
And another particularly important fact she told me was that when she joined
the REC, she saw my case on the books. She asked about it and was told
something about not dealing with it. I forget her exact words because in my
mind all I picture is a Mafia Don saying, “Fuhget about it.” Me knowing that
they were aware of my case back then is a valuable piece of evidence. They will
never be able to say that they were unaware of my case for those years.
She talked about the current laws, rules, and
regulations being obsolete such that the REC cannot order a solution. They are
only empowered to revoke his license. However, she had been putting in some
thought for a possible way out. She offered a simple and reasonable solution. She
asked if I would be willing to send a letter to Chris Hanley saying that I
would be willing to drop my complaint if he returned my money. I accepted and
told her that I had no problem with her solution. At which point I actually
dared to feel hopeful.
I told her about my blog and gave her the address. I
was disappointed but not surprised that Mr. Alfred hadn’t passed it along to
her.
Later, we exchanged emails.
--------------------------------------------------------------------------------------------------------------------
|
|
|
||
|
||||
Good Day B.J.
Here is a copy of the latest article I wrote. After I
spoke with you I thought of editing out some of my statements that refer to you
but I didn’t. I want you to see exactly what I sent to Senator Carrion and his
staff. Please understand, I had no idea that Belton Jennings dropped the ball
in communicating with you back when you were asked to conduct a VITAR
mediation. Please forgive me for having been so upset with you for all this
time.
You can also see that Mr. Alfred sees some value in
examining dual agency. I planned to ask Senator Carrion about sending a quick
note and a link to my blog to the other Senators. That plan is obviously on
hold. As well as getting my money back, I truly hope to make the Virgin Islands
a better place. I feel that you are trying to do the same thing.
Sincerely,
David
--------------------------------------------------------------------------------------------------------------------------------------
|
|
|||
|
||||
Received and read. I sure hope you have a better feeling
about me now!
The commission met and discussed your complaint. We are
searching for a course of action allowed under the current obsolete license law
and the commission's obsolete rules and regulations, and will stay in
touch with you.
But you last paragraph gave me a sinking feeling, too. I had
forgotten how steeped in bureaucracy the government is.
BJ
B. J. Harris, Broker/Owner St. John Properties
VI Real Estate Commissioner
340-513-4670
These are the very rules and regulations that I asked
Nathalie Hodge for a copy of in May of 2021 but did not receive. They are also the
same rules and regulations that Sonia and Janella will be asking for numerous
time in the coming months and will also be denied. The REC loves to make
reference to their rules and regulations but they have no intention of letting
you read them. I wonder why.
And this is a good time to make something perfectly
clear. Ms. Harris refers to these obsolete rules and regulations. Mr. Alfred is
referring to these same rules and regs when he tries to explain why they can’t
help me. This needs to be clearly understood. THE REAL ESTATE COMMISSION WRITES
THEIR OWN RULES AND REGULATIONS.
2019
US Virgin Islands Code
Title 27 - Professions and Occupations
Chapter 15 - Real Estate Brokers and Salesmen
§ 422. Duties of Real Estate Commission
·
In addition to any other powers and duties that may be
provided by law, the Commission shall administer the provisions of this
chapter, except as otherwise specifically provided, and without limitation on
the generality of the foregoing shall have the powers and duty to—
o
(6) adopt, amend and repeal rules and regulations and
bylaws not inconsistent with the provisions of this chapter relating to the
organization and operation of the Commission and the licensing under this
chapter of real estate brokers and real estate salesmen, which rules,
regulations or bylaws shall be approved by the Governor.
And I certainly doubt that the Governor will refuse
to accept a change in the rules and regs if it is done for the good of the
people. If the REC feels that they aren’t empowered to help people, all they
have to do is to amend the necessary rules so that they are empowered. Case
closed. Ask yourself, why do you think they don’t want to be empowered?
As June turned into July and July turned into August
and August turned into September any hope that I previously had withered and
died.
--------------------------------------------------------------------------------------------------------------------------------------
|
|
|||
|
||||
Good morning Mr. Mattera,
I hope this email finds you well. I know it's been a rough ride
getting to this point. I am writing to advise you of an update our office
received. Please call me at the office, 340-712-2222, so I can update you.
I hope to talk soon.
Best,
Janella John
When I called Janella, she told me that Sonia had
spoken with Mr. Alfred and he stated that we would receive a letter from the
DLCA legal counsel Atty. Melanie Fenzel within two weeks. There’s a very funny
movie called “The Money Pit” in which a young couple is trying to get their
house repaired and a crooked building contractor keeps promising that the job
will take “two weeks.” Every time they ask for an update, they get the same
answer “two weeks.”
Why does he even offer this? Well, Mr. Alfred can simply
ignore me. Unfortunately for him, he can’t just ignore a Senator’s Office. He
has to give them something even if it’s a promise of a letter that he doesn’t
plan to provide.
In the unlikely event that this letter is actually
delivered, it will contain Mr. Alfred’s two talking points that he has already
given. First Point, he will try to appear helpful by saying that to get what I
want I should take Mr. Hanley to court. NOT HELPFUL. As I wrote about in my
first blog article, a wise lawyer told me, after reading all my documentation, I
would most likely win however, winning is never a certainty in court. And I
would end up paying him about the same amount that I would win. I’m not stupid,
this is a job for the REC not court.
Second Point, completely ignoring the logical simple solution
offered by B.J. Harris, that I agreed to, he is going to just reiterate that
the REC is not empowered to order any other remedy to a complaint. I am not naïve.
It would be very unwise of Mr. Alfred to provide me with written evidence that
the REC is refusing to help me by citing the bogus excuse they are standing
behind. However, if a miracle happens and I actually get this letter, I will get
back in touch with the Attorney General’s Office. When I contacted them while
waiting for VITAR to conduct a mediation, it was suggested to me that it might
be better if I went after the REC rather than Mr. Hanley. Back then I was
fixated on Hanley not the REC. I should have taken the AG up on that offer.
Back to waiting.
-----------------------------------------------------------------------------------------------------------------
|
|
|||
|
||||
Hello
Mr. Mattera,
I hope
this message finds you well on this wonderful Friday! I thought of you and
wanted to check in to see if you have received any communication from the
commission.
Best,
Janella John
-----------------------------------------------------------------------------------------------------------------
|
|
|||
|
||||
Good
day Janella
Thanks
for checking in. I have not heard anything yet. I still have my fingers
crossed.
One of
these days, maybe you, me Sonia and Senator Carrion could have a chat about how
we could find a way that no one else has to go through what I am going through.
Think about it.
Thanks
Dave
|
|
|||
|
||||
Good day Sonia,
I hoped that if we gave
the Real Estate Commission another month that we would finally get a response.
I haven’t heard anything and I assume that you haven’t either. Since you were
the last one to speak with them could you please contact them one more time and
find out what is their problem for their current delay? And while you’re at it,
you might as well ask them for their rules and regulations which was the reason
you contacted them in the first place.
On another front, what
are Senator Carrion’s thoughts to prevent the Real Estate Commission from
stonewalling other citizens the way that they have done to me? I assume this
would involve informing some/many/all of the other Senators. After that, you
would know better than me whether there would be hearings, new laws, or just a
stern scolding. Let me know.
Thanks for all you help,
Dave
--------------------------------------------------------------------------------------------------------------------
|
|
|||
|
||||
Good afternoon Mr. Mattera,
Thank you for reaching out. I am sorry to hear that the
Real Estate Commission has not responded as they said they would. I
will contact them again and find out what is causing the delay. I will also
request their rules and regulations, as you suggested.
Regarding Senator Carrion's thoughts on preventing the Real
Estate Commission from stonewalling citizens like yourself, I will discuss this
with him as he is currently out of the office attending meetings.
Thank you for bringing this to our attention and I will get
back to you once I get an update from the Real Estate Commission.
Best regards,
Janella John
---------------------------------------------------------------------------------------------
|
|
|||
|
||||
Good morning Janella,
Have you had any luck
with the Real Estate Commission yet? Isn’t it unfortunate that I have to refer
to the REC simply doing their job as us being lucky!
I’m not sure if you have
heard about the huge court case involving the National Association of Realtors.
Here’s an article from CNN.
https://www.cnn.com/2023/11/06/business/nar-real-estate-fees/index.html
This is big. It may be
the beginning of the end for how real estate brokers operate in our country. I
think a lot of people are going to be pleased. However, when these changes do
come, it will be absolutely imperative that the USVI has a functioning Real
Estate Commission. I would still like to chat with Senator Carrion, if that
could be arranged.
Thank you for all you
do,
Dave
---------------------------------------------------------------------------------------------------------------------
|
|
|||
|
||||
Good morning Mr. Mattera,
I spoke to Ms. Andrew a while ago and she will call Mr.
Alfred.….
Best,
Janella John
-----------------------------------------------------------------------------------------------------------------
|
|
|||
|
||||
Good day Janella,
I hope you and everyone
else in your office had a wonderful Thanksgiving. Sometime soon, I’m hoping
that you can schedule a virtual meeting for you, me, Sonia, and Senator Carrion
to talk about the Real Estate Commission. They don’t do their job and this
needs to be fixed for everyone’s benefit.
Merry Christmas,
Dave
-------------------------------------------------------------------------------------------------------------------
|
|
|||
|
||||
Good day Mr. Mattera,
I was just speaking about you to Ms. Andrew. I haven't
forgotten you. Our office is finally back to normal, and we were working on
some pending cases we had prior to include your case. The Senator is not
on the island and won't be back until next week. However, she said she
will be making another attempt to reach out to Mr. Alfred today. Give me until
the end of today to get you an update.
Regards,
|
|
|||
|
||||
Good day Mr. Mattera,
I trust this message finds you well.
Following a conversation between my Chief of Staff, Ms.
Sonia Andrew, and Mr. Alfred, we understand that Attorney Melani Fensel
(apologies if the spelling is incorrect) from the Department of Licensing and
Consumer Affairs (DLCA) should be sending you a letter shortly. Mr. Alfred also
indicated that the recommended course of action for seeking justice in this
situation is to file a case with the Superior Court against the realtor. …
Best regards,
Janella John
---------------------------------------------------------------------------------------------------------------------
“Check’s in the mail.” Yah right. You would hope that someone
who promises the same thing over and over again but has no intention of ever
delivering would be bothered by his conscience. In this case, I doubt it.
If you scroll back up to the beginning of this article
you will see the words
“… focusing on this problem is quite
draining having spent a couple of years with no results. It’s so easy to just
pass it off to the next day; even though days gradually add up into months.”
That was true then and it’s still true today. And the really
painful part is I wrote that a year and a half ago. The Real Estate Commission’s
goal ever since I filed my complaint three years ago has always been to make me
go away, all while keeping their hands clean. And I have to assume they do this
to anyone who attempts to get some justice from a broker whose license the REC
wants to protect.
Now that Sonia and Janella realize that Mr. Alfred has no
intention of honoring his promise, we had a meeting to decide what to do. We
realized that regrettably after having had the “pleasure” of being stonewalled
by the Real Estate Commission, they have done all that they can do. I am going
to have to move on. I will be contacting the Attorney General’s Office again. I
asked which Senate Committee handles laws for the REC. They responded, “Rules
and Judiciary.” I asked Janella for names and emails:
-----------------------------------------------------------------------------------------------------------------
|
|
|||
|
||||
Chair:
Senator Diane T. Capehart - senatorcapehart@legvi.org
Co-chair:
Senator Milton Potter - mpotter@legvi.org
Senator
Kennth L. Gittens - senatorgittens@legvi.org
Senator
Angel L. Bolques, Jr. - senatorbolques@legvi.org
Senator
Marise C. James - MCJames@legvi.org
Senator
Franklin D. Johnson - senatorjohnson@legvi.org
Senator Carla J. Joseph - senatorjoseph@legvi.org
Best regards,
Janella John
------------------------------------------------------------------------------------------------------------------
I will also get back in touch with Commissioner Hodge who
when she was only Assistant Commissioner wrote in an email on January 28th,
2021, that:
“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 will inform her that she has been completely
mistaken. The Real Estate Commission does absolutely nothing while waiting for
you to go away.
In my first article I copied and pasted an article from
the Virgin Islands Daily News from 2010 that I read about on the website “vimovingcenter”.
In it St. Thomas Board of Realtors President Kerstin McConnell is quoted referring
to the Virgin Islands Real Estate Commission. “They’re there to police the
Realtors,” McConnell said. “In the states, Realtors live in fear of the Real
Estate Commission.”
So, I am left to wonder, when did the REC go from
policing real estate professionals to protecting them and are all brokers
protected? Previously, I imagined a Mafia Don saying, “fuhget about it.” We all
know, the Mafia is famous for offering “protection.” Sadly, those who don’t pay
for protection typically experience a painful mishap. Therefore, another fearful
thought is that the REC can crush an innocent broker by simply revoking his license
in response to a trumped up complaint. That complaint could originate from a
broker on their “nice list” against a broker on their “naughty list.”
It would seem that Mr. Hanley is on the list of brokers
to be protected. In an email to me on May 3rd, Mr. Alfred quotes
from my blog the portion of the law that says the REC can only take away
licenses. And he then adds in his own words that they are not empowered to
order a remedy. However, the law does not specifically say that they can’t creatively
formulate a remedy if it is needed. Next, in order to try and get rid of me he
starts his insistence about taking him to court.
As you know, under
27 VIC § 422, the Commission is empowered to hold hearings and "to
recommend the issuance, suspension, revocation or reinstatement of
licenses", but is not empowered to order any other remedy to a
complainant. If you are pursuing any other remedy in this matter, I
recommend that you do so by filing an action with the Superior
Court.
Mr. Alfred added:
Once the summary of the
matter is received from the sub-committee, the Commission will decide on
whether a hearing to recommend the suspension or revocation of any
license is warranted.
A summary of my complaint was delivered to the entire REC
by the sub-committee on June 22nd. Since Mr. Alfred wants to hide
behind the law, I will put aside any discussion of a remedy and just stick with
the law. The Real Estate Commission has to decide whether to take away Mr.
Hanley’s license. When I match up my evidence with all the possible actions
that the law finds as being offensive, knowing that a broker can have his
license revoked for committing any one of them, amazingly, it seems that Mr.
Hanley is guilty of committing all of them and a few more that aren’t even
listed.
Bad faith - This is described in the requirements
of a fiduciary for loyalty, stating that an agent must always put his clients’
interest above his own. Mr. Hanley’s only interest was his own profit. GUILTY
Dishonesty – Mr. Hanley lied incessantly. GUILTY
Untrustworthiness – Mr. Hanley’s tactics were
deceptive and evasive. GUILTY
Incompetency -
Mr. Hanley demonstrated this with his lack of understanding of VA loans.
He is also responsible for the incompetency of his employee who cause me and
the buyer agony. GUILTY
Misrepresentation or Fraud - Mr. Hanley fraudulently
lied to me about the sale price of my home in order to double his commission
and thereby receive an additional twenty thousand dollars. GUILTY
Failing to furnish a copy of any written instrument to
any party executing the same at the time thereof - On December 11, 2019,
Mr. Hanley called me at approximately eight o’clock at night and said we had an
offer for full asking price. I accepted, “executed the same.” He was lying,
there was no real offer. Therefore, he certainly couldn’t “furnish a copy of
the written instrument.” GUILTY
Forgery – See picture in article #3 of Offer to
Purchase. GUILTY
The Senate can’t think of every possible offense. Here
are a couple not in the law that he also violated.
Breach of contract - GUILTY
Breach of fiduciary duty - GUILTY
It would be impossible for a stateside broker who has
committed all these offenses to keep his license. However, the Virgin Islands
Real Estate Commission doesn’t have a problem with it.
Is this corruption? To answer that, I fall back on the
old adage, “If it looks like a duck and quacks like a duck, it’s probably a
duck.”
The Attorney General must investigate the Real Estate
Commission for corruption.