WELCOME
Good day and welcome to my
blog. For almost four years I have been fighting to get justice. I was cheated
by a US Virgin Islands real estate broker out of $22,500. And for this “privilege”,
$40,350 was taken from me as his commission. I have nine articles dealing with my
efforts. A warning: They are all long and not very exciting.
#1 My first attempt to get the VI Real Estate Commission to do their job (good intro but quite dull)
#2 VI Territorial
Association of Realtors (very long but at the end the broker offered me
$10,000 to shut up)
#3 THIS IS WHAT THE BROKER
DID TO ME (read it)
#4 Dual Agency - this is
how the broker was able to do what he did to me (read it)
#5 the media doesn’t care (skip
it)
#6 the media still doesn’t
care (skip it)
#7 more media (skip it)
#8 VI Laws for the Real
Estate Commission (skip it)
#9 My second attempt to
get the VI REC to do their job (three and a half years later I got a letter)
Read 3 and 4. Skip the
rest unless you have time to kill. After stalling for three and a half years, here
is the email with the attached letter from the VI Real Estate Commission.
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David Mattera vs Farchette Hanley
Closing Letter
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Good day Mr. Mattera,
I pray that this email
find you well.
Please see attached a
letter with the Commissions determination of this case dated December 15, 2023.
My sincerest apologies for not getting this correspondence out to you sooner.
Please note that if your
are considering responding to appeal the determination of the Commission, you
have up to thirty (30) days to do so, referring to the date of this email
correspondence.
Should you have
any questions, please feel free to contact.
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“In Order to succeed, your desire for Success should be greater than your
fear of Failure”
-Unknown
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The
following is my response to Laurent Alfred, the chairperson of the VI REC. I have to send it through Ms. Gumbs. I
seriously doubt if Mr. Alfred will respond to anything in my response but if he
does you can read about it here.
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To Sharene Gumbs
Please do not apologize for the six month delay of this
letter. You had nothing to do with it. Mr. Alfred last promised Senator Carrion’s
Chief of Staff Sonia Andrew to send this letter, around the middle of last
December. The delay between your email of June 14, 2024, and the date on Mr.
Alfred’s letter of December 15, 2023, was due to Mr. Alfred having no intention
of actually sending this letter but Senator Francis’s Chief of Staff Shawna
Richards made it happen. Mr. Alfred had previously promised Sonia Andrew on
multiple occasions that he would have a letter sent. He was not being truthful.
Please forward a copy of this response to all the members of
the REC, Commissioner Hodge, and Atty. Fenzel. I will send a letter to the Governor,
the Senators, and by putting it on my blog, the People of the Virgin Islands.
An Open
Letter to the People of the U.S. Virgin Islands
To Laurent Alfred et al
I am writing this letter for two reasons. First, Mr. Alfred,
I expect a response from you. However, seeing as your letter took three and a
half years, I am not going to hold my breath. Second, I write this for the
benefit of the people of the U.S. Virgin Islands to show them that they have no
hope when they approach the Real Estate Commission for help.
For starters, I don’t think it was advisable for you to
write this letter. Ignoring everyone has been your best strategy. Regardless, I
will address the paragraphs individually. Your first paragraph has a simple
theme. It says, “GO AWAY.” Your second paragraph says, “WE WILL TELL YOU
NOTHING.” Your third paragraph says, “WE HAVE NO INTENTION OF TAKING ANY ACTION
AGAINST MR. HANLEY BUT YOU’LL NEVER KNOW BECAUSE OF THE SECOND PARAGRAPH” Your
fourth paragraph says, “EVEN THOUGH WE TOOK THREE AND A HALF YEARS TO SEND THIS
LETTER, YOU ONLY HAVE THIRTY DAYS TO DO ANYTHING ABOUT IT.” The fifth paragraph
is standard boilerplate for all DLCA. I’ve called those numbers dozen of times
and either no one answers or on rare occasion someone answers who is of no
help.
Lastly, I will address the upper left. I want an answer to
this question. As you can imagine, I would like to have an original signed copy
of your letter. You pretend to give the impression that you want me to have one
by saying that you sent one via Certified Mail. So, my question is, why would
you send that letter to a nonexistent mailbox at a house that I sold and haven’t
lived in for over four years? I’ve waited a couple of weeks to see if the
obviously returned letter would be correctly sent to my actual address. To date
I have not received it and once again, I am not holding my breath.
You don’t change horses or rules in the middle of a race. I
was informed on January 28, 2021, by Assistant Commissioner for DLCA, Nathalie
Hodge regarding my filed complaint 1455-21-011-029/David Mattera vs Farchette
and Hanley –
"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."
If Commissioner Hodge was in error, she needs to be informed.
And we must be informed of your new rules. However, until we receive any new
rules, Commissioner Hodge’s rules are in place. Until a Fact-Finding-Meeting
has occurred, a decision or determination cannot be made.
If you had chosen to follow the rules and conducted the
Fact-Finding-Meeting, I would have asked for copies of the REC Rules and
Regulation so that I could be aware of what I was able to ask for as a
determination. Equally important, I would have asked for Mr. Hanley’s written
response.
I and Sonia Andrew have asked repeatedly for copies of the
current Rules and Regulations of the REC along with Mr. Hanley’s response. I
asked Ms. Richards to see if she could obtain copies. By her lack of a
response, I assume she has been unsuccessful. I am no longer asking for a copy
of the current Rules and Regulations; I am demanding them.
During a mediation conducted by Michael Bindman for the Virgin
Islands Territorial Association of Realtors (VITAR), Mr. Hanley explained to
Mr. Bindman that he didn’t
know why he was involved in a 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.
Mr. Hanley needs to learn that if
you are going to tell a lie it should be a good lie; one that an average person
might believe. At the time of the sale of my house I was working for the
construction company, Rooftops. I spent my time reading blueprints, generating
spreadsheets and was then involved with the negotiations for multimillion
dollar projects. I only needed to work three days a week to finish my work. I
was quite relaxed and under no circumstances would I have ever uttered the words
that I was overwhelmed and unable to handle anything. If I could negotiate
multimillion dollar construction jobs I certainly wouldn’t trust Mr. Hanley to
negotiate the sale of my house.
I offer the public a quick reminder
of the Sixth Amendment to the U. S. Constitution – part of the Bill of Rights.
“In all
criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime
shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the Assistance of
Counsel for his defense.”
Certain rights are guaranteed to American citizens by this
amendment. Among them are - Trials are PUBLIC and SPEEDY. And citizens have the
right to confront an accuser. I am quite
certain that the written response that Mr. Hanley provided is “a pack of lies.”
If I am not allowed to see and challenge his response, I believe you will be violating
the spirit of the sixth amendment of the United States; the ability to confront
one’s accusers. Because I’m sure Mr. Hanley has accused me of all sorts of
horrible deeds. I have the right to confront his statements about me. I
am no longer asking for a copy of Mr. Hanley’s response; I am demanding it.
Also included in the sixth
amendment is the requirement for a speedy and public trial. Your three and a
half year delay to simply send me a letter is not acceptable. And trials are
public not confidential, seeing as you hope to keep this matter invisible to
the public. Therefore, please point out in the rules and regulation that
you will be sending me, where it states that disciplinary action at the request
of a complainant is confidential. Shawna Richards
and I spent some time discussing the lack of transparency of the Real Estate
Commission. She intends to speak with Senator Francis about it.
Never having had a copy of the
Rules and Regulations of the REC and therefore being unable to determine what I
could hope to have included in a determination by the REC, I requested to have
the $40,350 commission obtained by Mr. Hanley returned. I discussed this in a
phone call I had with REC Commissioner B. J. Harris on June 22, 2023. She
offered a simple and reasonable solution in which I would offer to Mr. Hanley
to drop my complaint if he returned my money. I told her I would gladly
cooperate with her solution. In a subsequent email she said the REC was working
on it and would stay in touch. Noone from the REC ever communicated with me
again until this letter, which is only eight days shy of having taken one full
year since the email from Ms. Harris. Is this the REC’s concept of, “staying in
touch?” And am I to assume that you have reneged on Ms. Harris’s offer?
In your letter you state that my
request is outside of the REC’s authority and the REC does not have the
jurisdiction to grant the compensatory relief requested. I don’t believe this
is true, however I will accept it. And at this point in time, rather than
having to guess what the REC is willing to do for me, I will alter my request
to only what is allowed by Virgin Island Law. You stated in your email of May
3, 2023 -
“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.”
Virgin Island Law lists seven
offenses, any of which is grounds for the revocation of a broker’s license.
They are bad faith, dishonesty, untrustworthiness, incompetency, misrepresentation
or fraud, failing to furnish a copy of any written instrument to any party
executing the same at the time thereof, and forgery. I am not accusing Mr.
Hanley of committing only one of these offenses, I believe Mr. Hanley committed
all of these offenses. Therefore, for my determination I am requesting that you
obey Virgin Islands Law and permanently revoke Mr. Chris Hanley’s real estate
license.
And to aid you in your
determination, I asked Assistant Attorney General, Patricia Lynn Pryor if
there is a mechanism whereby the AG could offer an opinion as to whether the
actions that the law requires for revocation of a license have been committed
rather than leaving it up to lay people who might not understand the necessary
actions required to have committed each of the above offenses.
In closing I have a couple of questions that I doubt you
will ever answer. First, I’m
sure you are well acquainted with Virgin Island Law and are aware of the
section that deals with the composition of the VI Real Estate Commission.
Title 27 - Professions and Occupations
Chapter 15 - Real Estate Brokers and Salesmen
§ 421a. Virgin Islands Real Estate Commission
Composition; qualifications of members
(b) The Commission shall be composed of seven (7) members appointed by
the Governor, not more than three of whom shall be licensed real estate
brokers.
Mr. Alfred, currently the
Commission has only six members: You, Fred Vialet, and four licensed
real estate brokers, listed below with their titles and websites. Four is
greater than three. Any grade school child knows this. Could you please explain
how the VI Real Estate Commission breaks the very law that creates it?
Yvonne Toussaint broker associate remax st croix
https://www.remax-stcroix.com/yvonne-toussaint-esq/
Sharon Amey broker/owner Dove Realty
BJ Harris broker/owner St. John Properties
https://www.stjohnproperties.com/agent/bj-harris/
Stephanie Hodge broker/owner Blue Sky Real Estate
https://homebuyvi.com/our-team/caryn-hodge-duplicated/
You promised Sonia Andrew on multiple occasions that a letter
would be written by DLCA legal Attorney Melanie Fenzel. And that is why you
could say every time you spoke with her that the letter would take two weeks
rather than if you just wrote it yourself in less than an hour. Ms. Fenzel is also
included in Sharene’s email. However, now the letter is written by you.
Something smells bad. Why wouldn’t Atty. Fenzel write it?
You hoped you had gotten rid of me. You haven’t. I await the
documents and answers to questions above. I also await the scheduling of a Fact-Finding-Meeting
via videoconference at which we will all have the opportunity to get the facts.
I want B.J. Harris to attend since she is the only member of the Real Estate
Commission who has demonstrated a willingness to listen and a concern for the
public.
I have also asked Asst. AG Pryor if I can request their
Consumer Protection Division to look into the practices of the Virgin Islands
Real Estate Commission.
Sincerely,
David Mattera
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Melanie Fenzel responded to my letter within the hour. It
took me longer to write my response to her. Her letter and my response are
below.
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Good morning, Mr. Mattera.
Please feel free to blame me in your
letter to the Governor, Senators, and on your blog. It was my doing that I did
not follow up with the office on the letter being sent. Mr. Alfred was unaware
that it was missed. I will attest to the fact that any statement or accusation
to the contrary and that the delay is attributable to Mr. Alfred is false and
unfounded. Ultimately, what it comes down to is the fact that I failed
Commissioner Hodge, you, Mr. Hanley, the Real Estate Commission, and Mr. Alfred
by not having the letter sent timely. Again, anything to the contrary is
inaccurate.
I take ownership of the letter
arriving 6 months late, not 3.5 years when Mr. Alfred was not a member of the
REC. Also, I personally went to the Frenchtown USPS post office in in December
to send a copy certified mail, I am looking for the receipt. If it was not
delivered or if I am thinking of a different letter that I sent, it too is on
me. I should have been on top of it in December 2023. I can send a certified
copy to you on Friday and to Chris Hanley if he wants one. The office
specifically asked if a certified copy should be sent on June 14th and
I said no, I thought it was unnecessary.
I will address each part of your blog
below with Commissioner Hodge, Mr. Alfred, and REC.
In this email have looped in
Commissioner Hodge, Mr. Alfred, Kerri Hanley, and left Mr. Hanley in copy.
Also, please find attached is a copy
of the Code and the Rules & Regs available on LexisNexis and which should
also be available at the Lt. Gov.’s Office, public library, and legislature as
provided in Title 3 Ch. 35 of the VI Code, which does not govern the REC
licensure.
Best regards,
Melanie
Melanie Anne Fenzel
Department of Licensing and Consumer
Affairs
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Good day Malanie
It sounds like you made an honest mistake. Therefore, we don’t
have to discuss the six month delay anymore. I tried using the links you sent
me for LexisNexis. Unfortunately whenever I try one of the links I am asked for
an ID and Password, so this has not been much help. Perhaps you could give me a
temporary or guest ID and password. Please share this letter with anyone you feel
should be made aware of it. I shared it with the people of the Virgin Islands
on my blog.
I do have a question regarding Mr. Alfred’s letter though. Did
you write the letter and Mr. Alfred signed it or did Mr. Alfred write the
letter himself? In regard to the letter, I now have a copy of the “VIRGIN
ISLANDS REAL ESTATE COMMISSION RULES AND REGULATIONS” that I got off the DLCA
website that I also added to my blog under #8 Laws for the Real Estate
Commission. I don’t believe that this was previously on the DLCA website just
as I certain, the REC members names were previously not listed. It seems that I
am having a positive effect on the REC. Looking through the rules and regs, it
is apparent to me that paragraphs 2 and 3 of the letter are just made up. Nothing
in the rules and regs say that these are true statements. And more importantly,
the solution that Commissioner B.J. Harris made to me whereby I would drop my
complaint if Mr. Hanley returned my money is not disallowed by the rules and
regs nor does it violate any of the rules and regs. So, paragraph 1 is merely
Mr. Alfred’s desire not to be helpful and should be tossed.
Next I would like to address a portion of the rules and regs
that I spent a bit of time studying, that being the code of ethics. The
following is a copy and paste of three of the articles and portions of the
topics OFFERS TO PURCHASE and FALSIFYING CONTRACTS.
CODE OF ETHICS
CODE OF ETHICS: The following Code of Ethics has been
adopted as a Rule and Regulation of the Virgin Islands Real Estate Commission:
Article 3
It is the duty of the broker to protect the public against
fraud, misrepresentation or unethical practices in the real estate field. He
should endeavor to eliminate in his community any practices which could be
damaging to the public or to the dignity and integrity of the real estate
profession. The broker should assist the commission charged with regulating the
practices of brokers and salesmen in his Territory.
Article 11
In accepting employment as an agent, the Broker pledges
himself to protect and promote the interests of the client. This obligation of
absolute fidelity to the client's interest is primary, but it does not relieve
the Broker from the obligation of dealing fairly with all parties to the
transaction.
Article 20
In the event that more than one formal written offer on a specific
property is made before the owner has accepted an offer, any other formal
written offer presented to the Broker, whether by a prospective purchaser or
another broker, should be transmitted to the owner for his decision.
OFFERS TO PURCHASE: A broker or salesman shall promptly tender to
seller any signed offer to purchase the property involved...
FALSIFYING CONTRACTS: No broker nor salesman shall represent to a lender or any other interested party, either verbally or through the preparation of a false sales contract, an amount in excess of the true and actual selling price. Such practice constitutes a gross misrepresentation.
Article 3 talks about fraud. Article 11 describes Mr. Hanley’s
fiduciary duty which he totally trashed. And article 20, topic OFFERS TO
PURCHASE, and topic FALSIFYING CONTRACTS would be brought up when dealing with
Mr. Hanley lying about a second offer on my house.
Fraud was the crime that was first suggested by Renee
Petersen from the Attorney General’s office when I spoke with her regarding my
problems with Mr. Hanley. Later when I contacted Assistant Attorney General
Pryor, we talked about the possibility of a criminal case based on fraud. She
went so far as to explain how I would proceed by reporting the crime to the
Virgin Islands Police who would assign an investigator. She urged me not to
proceed but she did send all my documentation to the DOJ investigators. Eventually
common sense won out because involving the Attorney General’s office in a
squabble between a real estate broker and a client is a terrible waste of the
Territory’s time and money. Although I did picture Mr. Hanley in an orange
jumpsuit.
I’ve stated this before, it is within the authority of the
REC to help people. Instead they wring their hands and whine about “obsolete”
rules and regs. If they don’t like them, all they have to do is change them. This
is a copy and paste from article #9 of my blog -
“… 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.”
I consider the Real Estate Commission to be a scam. Follow
this logic. The REC says that they are only empowered to revoke licenses, no
other remedies are permitted. Based on this, a complainant is only able to ask
for one of two possible determinations, either the revocation of a broker’s license
or “something else”. The vast majority of people are going to ask for something
else, like the new refrigerator that their broker promised that would come with
their new house, or needed repairs to a cistern that the broker assured them
was in good shape, or some other financial pain inflicted by a broker like
being cheated out of $22,500. Therefore, the vast majority of complainants should
end up receiving the exact letter that I received telling them that NO HELP IS
AVAILABLE and to GO AWAY. And for this large group of people, the REC should
not have to write any special or unique letter. It should already be written
and available as a form letter. The fact that they do not have this form letter
means that no one has ever gotten to the point that I am at. And seeing as I needed
the assistance of one former senator, two current senators and the commissioner
of the DLCA plus wasting three and a half years of my life, makes it absolutely
obvious, no one has ever gotten to the point that I am at. They have never
responded to a complainant before. All other complainants were simply ignored
until they went away.
I know of a friend of a friend who was cheated out of a finder’s
fee of a few thousand dollars by a broker. This woman had documentation to
prove it and submitted a complaint to the REC. She tried for over a year to get
help from the REC and eventually gave up. Logic dictates that the REC has NEVER
helped anyone. And to prove this, I intend to ask the Governor to share with
the people the yearly reports that he receives from the REC listing complaints
and resolutions.
2019 US Virgin Islands
Code
Title 27 - Professions and Occupations
Chapter 15 - Real Estate Brokers and Salesmen
§ 422. Duties of Real Estate Commission
Universal Citation: V.I. Code tit. 27, § 422 (2019)
·
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
(3) keep records of its proceedings;
o
(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;
There is another subject that I will include in my letter to
the Governor. It has to do with what the people of the Virgin Islands must be
able to expect from the Real Estate Commission. Most people have heard the
stories of King Solomon who was the biblical king of Israel, charged by his
father, David, to exercise righteous judgment over the people. He held court
and made decisions using wisdom and compassion.
Most people who approach the REC are going to be ordinary
citizens who have been mistreated by an unscrupulous broker or agent. They will
not be lawyers, rocket scientists, or idiots like me who have years to waste.
These people desperately need a Real Estate Commission that uses wisdom and
shows compassion to help them get their lives back on track.
On the DLCA website, one of the
legal division’s responsibilities is listed as, “…representing the Department
and consumers on legal matters.” I am asking for you to be present at the Fact-Finding-Meeting
videoconference that Mr. Alfred will be scheduling. If necessary, I could make
the request to Commissioner Hodge. In my letter to Mr. Alfred, “I asked
Assistant Attorney General, Patricia Lynn Pryor if there is a mechanism
whereby the AG could offer an opinion as to whether the actions that the law
requires for revocation of a license have been committed rather than leaving it
up to lay people who might not understand the necessary actions required to
have committed each of the above offenses.” I feel it would be a better idea
that the DLCA legal counsel be present rather than trying to involve the AG’s
office.
Finally, though it’s been asked for many times by different people,
it has never been delivered. Could you please email me a copy of Mr. Hanley’
response?
Sincerely,
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Good day, Mr. Mattera.
You are entitled to file a writ of
review with the Superior Court under 27 V.I.C. 1421-1423 and the corresponding
court rules. You can contact the VI Superior Court for more information.
Note: I am certain that the names of Commission members have always been listed. The rules & regs have been there since I remember.
Best regards,
Melanie
Melanie Anne Fenzel
Department of Licensing and Consumer
Affairs
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Previously I asked
Mr. Alfred a bunch of questions. Knowing that his only goal is to make me go away,
I never expected a response from him. However, when Melanie demonstrated that for
the six month delay of my letter, she was willing to fall on her sword for Mr.
Alfred, she seemed honorable so I cut her some slack. Believe it or not, I was
hopeful that Melanie might answer some of my questions. When will I learn? The
simple question of who wrote the letter she absolutely had to answer but she
didn’t. Her comment about the names of the REC members is a lie. In 2020, I
desperately looked for those names. I scoured the DLCA website from top to
bottom. I found the VI Board of Real Estate Appraisers members easily. The REC
members were not anywhere to be found. I mention this in article #1 of my blog
that I guarantee every current REC member has read. Magically, those names appeared.
In my response to
Mr. Alfred I described the individual paragraphs of his letter -
First paragraph has a simple theme. It says, “GO AWAY.”
Second paragraph says, “WE WILL TELL YOU NOTHING.”
Third paragraph says, “WE HAVE NO INTENTION OF TAKING ANY
ACTION AGAINST MR. HANLEY BUT YOU’LL NEVER KNOW BECAUSE OF THE SECOND PARAGRAPH.”
I described the fourth paragraph as, “EVEN THOUGH WE
TOOK THREE AND A HALF YEARS TO SEND THIS LETTER, YOU ONLY HAVE THIRTY DAYS TO
DO ANYTHING ABOUT IT.” In Melanie’s response to me she requotes this fourth
paragraph instead of answering my questions and requests. Her deceptive
helpfulness that a court of law might help me is cruel.
Mr. Alfred’s first paragraph feigns helpfulness by
suggesting that to get what I want I must take Mr. Hanley to court. I explained
in article #1 of my blog that a helpful lawyer told me after reading all my
documents that if I took Mr. Hanley to court he expected that I would win
$22,500. This number is arrived at quite easily. I would be taking Mr. Hanley
to Civil Court. Civil Court only deals with money, not crime. The number of $22,500
is simply the difference between what Mr. Hanley lied to me was the price I was
offered for my home of $695,000 and the final amount of money I received after
his unallowed negotiations of $672,500. The lawyer went on to say that his
likely fee would be about that same amount. The REC knows that taking brokers
to court is a really bad idea for a complainant; and yet they continually
advise it as if they’re being helpful.
When Melanie Fenzel
wrote that I can file a writ of review with the Superior Court, she is acting
far worse than Mr. Alfred's feigned helpfulness. She is now into malevolence or
purposeful evil. The following is from the Superior Court’s website.
Rule 15.
Writs of review
(a) A writ of review may be granted by the Court upon the
petition of any person aggrieved by the decision or determination of an
officer, board, commission, authority or tribunal. Such petition shall be filed
within 30 days after the date of the decision or determination complained of
and shall recite such decision or determination and set forth the errors
alleged to have been committed therein. The petition shall be signed by the
petitioner or his attorney, and shall be accompanied by the certificate of the
attorney that he has examined the process or proceeding and the decision or
determination therein sought to be reviewed, that the same is in his opinion
erroneous and that the petition is not filed for delay.
(b) Before granting the writ the Court shall require the
petitioner to post a surety bond subject to its approval and in the amount to
be fixed by the Court in order to ensure that the petitioner will obey the
determination on or decision sought to be reviewed and perform his obligations
there under in case it is affirmed by the Court upon review.
(c) If the Court grants the writ and the petitioner files the
bond required by this rule, the clerk shall issue the writ directed to the
officer, board, commission, authority or tribunal whose decision or
determination is to be reviewed or to the clerk or other person having custody
of his or its records or proceedings requiring him, it or them to return the
writ to the Court within 20 days together with a certified copy of the record
of the proceedings in question in order that the same may be reviewed by the
Court.
(d) The Court may, upon application by the petitioner, include
in the writ a clause requiring the respondent officer, board, commission,
authority or tribunal to desist from further proceedings in the matter under
review until the final determination thereof by the Court.
Mr. Alfred sought
to get rid of me by inviting me to waste my time. However, Atty. Fenzel seeks
to get rid of me by causing myself harm. If I were to begin by paying a lawyer a
large sum of money in order to start looking at things, what then? A decent
lawyer would not be willing to file a certificate stating that the Commission’s
determination is erroneous. However, if things did move forward, I would have
to post a surety bond. And at this point, I would be into this mess by
thousands and thousands of dollars; all before I lose. How do I know I will definitely
lose? Easy, THE REC HAS DONE NOTHING WRONG.
Why would I say
this after all my complaining about the REC? Well, it depends on how you define
the word, “Wrong.” There are many ways something can be wrong. A judge only
cares about one of those, “Legally wrong.” If you read the laws creating the
REC and I urge you to, (all shown in article #8 of my blog) the law doesn’t
state that the REC is actually required to do much of anything. The law leaves
it open that they could do all sorts of wonderful things but they’re really not
required to do anything. So, what’s a judge going to say other than, “Case
dismissed”? And Melanie knows this.
That covers, “Legally
Wrong.” There’s another kind of wrong that the Senate and Governor were
thinking about when the laws for the REC were written. And that is, “Morally
Wrong.” If you read the Rules and Regs of the Real Estate Commission (at
the end of article #8) and go to the end of those, you will find the “CODE OF
ETHICS.” Ethics is a word that gets
tossed around a lot when people talk about the real estate industry; I wonder
why. The REC could enforce ethics on the brokers and agents that they license. The
laws give the REC a wide range of options including the latitude to write their
own rules. All of this was written in the hope that the REC will do the right
thing and protect the People of the US Virgin Islands.
Unfortunately, the
REC acts devoid of morality. They seek to crush the patience and willpower of complainants
until they slink away. And in doing so, they have no problem with the anguish
and financial harm that they cause. Specifically, in my case, I ask myself, why
would the REC, a group of unpaid civil servants, seek to destroy my hope for
justice, all to protect a broker who, in my opinion, committed a felony in
order to receive $40,350 of my money? I just can’t figure this out.
I’m going to
mention all of this in my letter to the Governor. The REC has essentially no
oversight. The REC is within the Department of Licensing and Consumer Affairs
(DLCA). However, the DLCA has no authority over the REC. This was explained to
me by Commissioner Evangelista in the ZOOM meeting that was set up by the wonderful
people from Senator Carrion’s office. The whole transcription is in my blog
article #9 right after the screen shot showing the attendees.
“Commissioner
Evangelista - Because contrary to what people think, I actually have no real
direct power and control over the board. They are who they are…
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.”
Does anyone have any
authority over the Real Estate Commission? The law that sets up the REC allows
the Governor to remove members for cause. But how would the Governor ever know
that there was any cause since the REC strives to keep all their insidious
dealings hidden? I hope my letter will show the agony that a member of the
public is forced to endure merely to get a letter after three and a half years that
says, “GET LOST”.
***************************************************
THIS IS THE LETTER I WROTE FOR THE GOVERNOR
***************************************************
Dear Governor Bryan
My name is David Mattera. I am
writing to you to discuss a problem with the Real Estate Commission. In 2020,
when I sold my home on St. Croix, I was cheated by my broker out of $22,500. I
filed a complaint, “1455-21-011-029/David Mattera vs Farchette and Hanley” with
the DLCA. Please see the attached document and notice the question on the form
that asks, “How do you want this complaint resolved?”, I answered, “You will
need to explain my options.” When a citizen files a complaint against a real
estate broker with the DLCA there are no directions or instructions; they are
just left to fumble around in the dark. I was eventually contacted by Nathalie
Hodge, who at the time was Assistant Commissioner for DLCA. She sent me the
following email.
FW:
Complaint referral: Case no. 1455-21-011-029/David Mattera Vs. Farchette and
Hanley
Nathalie Hodge
<nathalie.hodge@dlca.vi.gov> Thu, Jan 28, 2021
to me, Tiffany,
Genitha, Venetia
Good
Morning Mr. Mattera,
On behalf of the VI Real Estate Commission,
I acknowledge receipt of your complaint. I apologize for missing the
transmission in November 2020.
The VI Real Estate Commission is the
entity that regulates brokers and salespersons and the entity in which you file
your complaint. Once you file the complaint to the Commission, the
Commission will subsequently give the Respondent a copy and request that
they respond to your complaint in writing. The Commission will review both
complaints and meet with you both in a Fact-Finding Meeting, deliberate then
provide you with a determination.
Should you have any questions do not
hesitate to contact me or my assistants: Tiffany Grosvenor-Stevens at (340)
714-DLCA(3522) on St. Thomas or Genitha Jean-Baptiste at (340) 713-DLCA(3522)
on St. Croix.
Respectfully,
H. Nathalie Hodge
Assistant
Commissioner for DLCA
Administrator,
Office of Boards and Commissions
Telephone:
340.713.3522
Facsimile: 340.718.6982
Email: nathalie.hodge@dlca.vi.gov
Website: www.dlca.vi.gov
I was pleased to finally get some
clarity regarding what was going to take place. I didn’t know it at the time,
but the paragraph in Ms. Hodge’s email that explains the process is only a
“feel good description” meant to mislead. It’s propaganda generated by the VI
Real Estate Commission meant to convince either you, a senator, or a member of
the public that the REC has a fair and equitable process that will take care of
people who have been cheated by a licensed broker or agent. Unfortunately, it’s
a scam.
In my case, even though I
repeatedly asked for it, they failed to conduct a Fact-Finding-Meeting. But I
persevered and spent over three and a half years trying to get the REC to do their
job. I doubt if any other Virgin Islander could tolerate what I have gone
through in an attempt to get justice. I enlisted the aid of Sammy Sanes, DLCA Commissioner
Evangelista, Senator Carrion and his office, and most recently the Chief of
Staff to Senate President Francis. On June 14th, I received their
pitiful excuse of a determination even though the Fact-Finding-Meeting was
never held and my questions and requests were ignored. Please see the attached
letter that was emailed to me. I would consider a reasonable layman’s summary
of the letter to be, “Go away and we will give you no information.”
I
have written a blog detailing my miserable odyssey.
https://usvirealestateproblems.blogspot.com/
It’s
been viewed by over a thousand people. I feel that what the REC is most
concerned about is exposure. So, I intend to ramp up my efforts to educate
Virgin Islanders as to what they can expect from the REC should they ever need
their help.
I
recently contacted the Inspector General’s Office and spoke to and emailed
Chief of Investigations, Nicholas Peru. He now has copies of all of my
documentation. In my last email I made a suggestion that he could
discover how the Real Estate Commission refuses to do their job by requesting
and examining a group of documents. For maybe the last five or ten years, he
will need to get copies of the complaints that were forwarded to the REC by
DLCA along with any subsequent determinations. He should also ask for the
minutes of the REC meetings to learn whether the fact finding meetings for all
those complaints ever occurred.
He can also pay particular attention to the manner in which
my complaint was handled; in other words – ignored. And I feel fairly confident
he will unfortunately learn that my complaint was dealt with in a typical
method for the REC, which is to say, complainants being ignored is the rule,
not the exception. I am fairly confident that
there will be somewhere between very few or more likely zero determinations
produced by the REC to help citizens. Because all of the citizens who have
filed a complaint should have received a letter identical to mine, falsely
stating that the REC, “does not have jurisdiction to grant compensatory
relief.” Or in other words, “We refuse to help you.” The REC took three and a
half years desperately trying not to engage with me because they were
frantically trying to avoid exposure. If their letter actually consisted of the
truth, I as well as anyone else who has ever filed a complaint with the REC
should have received this same letter immediately after our complaints were
filed. But that would expose their deceit. So, instead they did with my
complaint what they do with all other complaints; the REC simply ignores all
complainants until they tire and go away. Sadly for the REC, when I sensed
their malicious intent, I dug in my heels and refused to give up.
Additionally, the law currently
lists the infractions that will require the Real Estate Commission to revoke
the licenses of the brokers who commit those infractions. Complaints can be
examined to determine which ones are serious enough to merit a broker’s license
being revoked. I am fairly confident that the number of revoked licenses will
be few or more likely zero. The Real Estate Commission is granted the
power to protect the public from dishonest or incompetent real estate brokers
and agents by revoking the licenses of those who violate either the expected
ethical conduct or the law. I asked
Mr. Alfred to revoke Mr. Hanley’s license because Mr. Hanley violated all the
possible causes for revocation of a license listed in VI law, Title 27 chapter
15 Section 429, including the most serious, fraud. As I said, the letter from
Mr. Alfred stated they will give me no information. But I know, Mr. Hanley
still has his license and he probably was never concerned about losing it.
I hopefully request for you to
contact Mr. Peru to learn for yourself how the VI Real Estate Commission that
has been entrusted to protect the citizens of Virgin Islands from unscrupulous
real estate brokers instead protects unscrupulous brokers from the people that
they have cheated.
Finally, all of my misery would never have happened if a
certain real estate industry practice was not legal in the Virgin Islands the
same way it is currently illegal in eight states; that is the practice of dual
agency. I wrote article #4 in my blog to discuss this problem. Dual agency is
illegal for all professions other than the one where agents receive the least
training, that of real estate. The National Association of Realtors (NAR), the
largest lobbying organization in the US has spent millions to maintain this
rip-off on Americans. I urge you to eliminate dual agency in the USVI.
Sincerely,
David Mattera
***************************************************
Now, how to get my letter in front of the Governor? If you
should ever plan on reaching out to the Governor with an important message,
your options are limited. All you get on government websites is the mailing address.
You could always cross your fingers and mail a letter to that address. If you
want to deal directly with a human being it’s tougher. There is no phone number
or email address. All that’s available is the number of the Communications
Director, Richard Motta. I tried that. He gave me the number for Naydyeyah
Acoy-Thomas, who among other titles is the administrative coordinator for the
USVI. So, I called her and told her that I had a letter for the Governor. We
exchanged email addresses and she told me to send her my letter. She planned on
forwarding it to Kevin Williams, the Governor’s Chief of Staff.
*********************************************************************************
David Mattera
Oct 23, 2024 10:11 AM
To Naydyeyah
Good Day
Naydyeyah
Thanks for
talking with me the other day. I am attaching the letter that I hope will eventually
make it to Governor Bryan along with two other documents that are meant to be
included with my letter. As I said in our phone call, I had no idea how to go
about trying to get a letter in front of the Governor but I knew someone else
was going to have to read it and weigh its merits before it could be moved
along. I’m glad you answered my call.
For you to
understand my situation is going to take a lot of reading, so please don’t feel
rushed; my patience has allowed me to keep at this for over four years. The
documents that I’m sending will give you the flavor of what I have gone through
but to really understand you will need to click on the link for my blog
mentioned in the letter.
https://usvirealestateproblems.blogspot.com/
There are ten
articles. In the WELCOME, I explain the best way for casual readers to go about
gleaning information without spending a lot of time. I have only put the
address for my blog on a single web site that I used when I was planning on
moving to the USVI. I’m able to see daily updates on how many people have
clicked on my blog. Typically, it’s only one or two but on occasion that number
balloons to over twenty or thirty. I have no way of knowing who these people
are but I can see that readers come from countries all over the world. The
total number of readers is approaching two thousand.
For now, I
hope you can find some time to understand what I have gone through. People who
have read my blog lament on all the real or perceived corruption in the islands
and then lament on their inability to do anything about it. If there is actual
corruption with the Real Estate Commission, only the Governor can fix it. The
extent of the Real Estate Commission’s corruption can easily be ascertained by
examining the documents and records that I mention in my letter.
As a final
hope, the Virgin Islands needs to eliminate dual agency. It is the cause that
allowed my problem to occur in the first place. You can read about dual agency
from article number four in my blog.
Thank you for
taking the time to help me. You can call or email me with any comments or
questions. When you feel you have enough information to bring this matter up
with Mr. Williams, please do so. I look forward to hearing from you.
Sincerely,
David
Mattera
Naydyeyah Acoy-Thomas <naydyeyah.thomas@go.vi.gov> Oct 25, 2024, 12:41 PM
Great
Afternoon Mr. Mattera,
I have
received your email. I will forward to his executive assistant for further
review and action.
Thank you,
and have a great weekend.
Best,
Naydyeyah
"Nay" Acoy-Thomas
Administrative
Coordinator - Policy Advisors
Office of the
Governor
1105 King
Street
Christiansted,
VI 00820
T:(340)773-1404
ext.4899
C:(340)208-2293
Email: naydyeyah.thomas@go.vi.gov
************************************************************************************
AWESOME! Things are moving quickly!
************************************************************************************
David Mattera Oct 30, 2024,
9:44 AM
to Naydyeyah
Good day
Naydyeyah
Thanks for
passing my email along to Mr. Williams's executive assistant. I haven't heard
anything yet. What is his assistant's name and contact info?
Once again, thanks
for your time,
Dave
Mattera
Naydyeyah Acoy-Thomas <naydyeyah.thomas@go.vi.gov> Oct 30, 2024, 3:23 PM
to Toya, me
Good day Mr.
Mattera,
I haven't had
any luck in securing a meeting, however I am forwarding this concern to the Office
of the Governor's Policy Advisor Toya Malone. He oversees the DLCA under his
cluster.
I have CC'd
him in this email.
If you have
any questions or concerns, please let me know.
Naydyeyah
"Nay" Acoy-Thomas
************************************************************************************
So, Mr. Williams will be no help. Now, my hope rests on Mr. Malone.
************************************************************************************
David Mattera Dec 2, 2024, 9:07 AM
to Naydyeyah, Toya
Good day
Naydyeyah and Happy Holidays
I’m sure
everyone is quite busy at this time of year, which probably explains why I
haven’t heard from anybody. But I’m hoping that we can move my concern forward.
Speaking with Mr. Malone will be helpful, seeing as my problem occurred as a
result of dual agency which I mentioned in my letter to the Governor. And
changing the law regarding dual agency will definitely involve a change in
government policy.
Also, I am
wondering if Mr. Williams’s executive assistant has had a chance to look over
this matter and bring it to his attention so that we can schedule a possible
meeting.
I appreciate
your assistance regarding an issue that I feel can improve the lives of many
Virgin Islanders.
Once again,
thanks for your time.
Dave
Mattera
Naydyeyah Acoy-Thomas <naydyeyah.thomas@go.vi.gov> Dec 2, 2024, 9:39 AM
to me, Toya
Great Day Mr.
Mattera,
Thank you for
this follow up. It is most definitely a busy season, but your matter will be
addressed. I am forwarding your request to his executive assistant.
If you have
any questions, please let me know.
Best,
Naydyeyah
"Nay" Acoy-Thomas
Toya V.A. Malone <toya.malone@vi.gov> Dec 2, 2024, 2:55 PM
to Naydyeyah, me
Good
Afternoon Mr. Materra,
I must
apologize for not reaching out sooner. I just called you several times. Please
contact me at 340-693-4348
Best Regards,
******************************************************************
I called Toya Malone and we had a good long chat. I
gave him the address of my blog, as well as a complete run-down on my
situation. We agreed to talk again shortly. My main goal is to have my letter
put in front of the Governor but I will have to be patient.
****************************************************************
David Mattera Jan 9, 2025, 10:55 AM
to Toya,
Naydyeyah
Good day Mr.
Malone
Wow, a month
has come and gone. When we spoke at the beginning of December, we planned on
chatting again in a week or so after you had a chance to look over my blog and
the documents Naydyeyah forwarded to you. I remember for the years that I was
teaching when we lived on the island, my students slowed down a lot in the
month of December and it wasn’t until Three Kings Day was over that we could
get back to business. Perhaps you and I can pick up where we left off. I have a
couple more documents to send you but I’ll wait until you let me know that you
have looked over those you have.
You may not
believe this, even though I now live in Virginia, I have somehow managed to get
myself into another Caribbean altercation. Maybe it’s because I’m a glutton for
punishment but it is all my fault for always wanting to stick up for the little
guy. One difference between this altercation and my battle with the Real Estate
Commission is that this battle IS IN JAMAICA AND I’VE NEVER BEEN TO JAMAICA. My
wife and daughter went to one of those destination wedding things at a resort
in Montego Bay where they both got food poisoning. After returning home, my
wife’s case was diagnosed as a rare and potentially fatal form of food
poisoning called Clostridiodes difficile which is an atypical form because it
produces spores which are highly resistant to disinfectants that can survive in
the environment for extended periods which allows for likely future
transmission.
I contacted
the management of the resort to warn them of the danger to their guests and
especially their workers. Their response was that this is not possible because
no one has even gotten food poisoning while staying at their resort. So, I
copied and pasted dozens of reviews for this resort that I got off the internet
complaining of overflowing sewage and food poisoning. And just like the Real
Estate Commission, they told me to go away. So, now I have to write another
blog to warn the world about a potentially lethal case of food poisoning at a
resort in Jamaica that I’ve never been to. When will I ever learn?
Please get
back to me when you have had a chance to think about my problem. I still hope
to have the Governor read my letter.
Sincerely,
David
Mattera
Toya V.A. Malone <toya.malone@vi.gov> Jan 10, 2025 7:27 AM
to Naydyeyah, me
Good morning
Mr. Mattera,
I haven’t
forgotten you. As you know, you gave me a lot of homework right before the
holidays. I’m just outing some fires, and I will get back to digesting the
information.
Good luck
with the Jamaica issue.
Happy
New Year!
David Mattera Mar 24, 2025, 11:10 AM
to Toya,
Naydyeyah
Good day Mr.
Malone
It’s been a
couple of months and I was wondering how you’re doing with the homework. I’m
hoping that you will be able to summarize much of what I’ve written and pass
that along with your thoughts and my letter to the Governor. Since I’ve had
some time, I’ve been looking over Bill 35-0193 that the Governor vetoed that
was supposed to amend title 27 VI code, chapter 15 relating to real estate
brokers, sales associates, and property managers. On my reading list, I also
included the DLCA testimony for that bill.
It's very
strange, but a lot of stuff in this bill looks like it’s referring explicitly
to my case. To the point where it looks like some of the verbiage was lifted
from my documents. One of the paragraphs from the DLCA testimony explained why.
Tippy Alfred, my arch nemesis and the chairman of the REC, stated to the
audience that he was a researcher and drafter of this bill and DLCA legal
counsel, Melanie Fenzel, my other nemesis, also had significant input.
The main
purpose of this bill was in regard to new regulations for the property
management industry. But it also cleans up some regulatory tools of the REC and
further defines the issues of agency. I dedicated an entire article of my blog
to dual agency and I request in my letter to the Governor that he eliminate it.
In my blog, I
make it clear to my readers that the Real Estate Commission has the ability to
help people under the current law if they so choose. Granted, they may have to
do a few “workarounds”. But if they truly want to help the public, the drafters
of the current laws gave them that opportunity.
Here are some
of my observations from selected excerpts of the testimony. Nathalie Hodge led
off.
Commission
Empowerment: Granting the Real Estate Commission enhanced powers and
duties, including the ability to hear testimony, receive evidence, subpoena
documents and witnesses, and maintain records in accordance with established
procedures and regulations. – Nathalie Hodge
I totally
agree with this. As I said, the existing laws are sufficient but could always
be made better.
Enforcement
Strengthening: Strengthening enforcement mechanisms by allowing the
Commission to recommend prosecutions or civil actions against violations,
ensuring accountability and deterrence. – Nathalie Hodge
Ms. Hodge
didn’t fully explain this part. The bill actually states -
(10)
recommend to the Attorney General of the Virgin Islands prosecutions or the
bringing of civil actions to seek injunctions and other relief against
violations of this chapter outside the jurisdiction of the Commission.
This all
sounds really nice. Unfortunately, it’s just the REC trying to pass the buck to
the AG and I know the AG is not interested. When I approached the AG’s office,
I was informed by two different individuals that my descriptions of Mr.
Hanley’s actions sounded like he committed criminal fraud. However, they
decided not to pursue the matter. I doubt if the AG would want to prepare a
civil case against a real estate broker who has been accused of failure to
provide a promised refrigerator. But the REC does have the ability to assist a
complainant with a civil case. In the first article of my blog, at the very
top, I explain that it’s generally not going to be financially worth the effort
for an individual to bring a civil suit. However, there is an option that
doesn’t involve the AG or the complainant’s money. In that first article, in my
email to Nathalie Hodge on May 10, 2021, I wrote
“Finally, on your website, one of the legal division’s responsibilities
is listed as, “…representing the Department and consumers on legal matters”. In
my first email to you, I listed several requests, one of which was, “I would
like to see the Consumer Fraud Act 12A VIC Section 328 applied.” I firmly
believe that my case involves fraud, among other violations. I am asking to
speak with a member of the legal division to better understand my options.”
-Mattera
So, in other
words, currently the REC has the ability to assist complainants with civil
matters if they want to. And when Mr. Alfred consistently told me to take Mr.
Hanley to court, including in his so-called “determination letter” where after
refusing to help me he wrote, “If you wish to pursue this matter further, we
suggest you seek redress through a court of competent jurisdiction”, his true
goal was not to help me but merely to get rid of me.
Mr. Alfred
states in his testimony
“The Bill
also expands the regulatory tools of the Commission to better protect the
public from fraudulent, deceptive, predatory or other unethical practices that
can, and unfortunately do, occur in the real estate industry.” - Alfred
THIS IS HUGE.
He doesn’t say that the bill creates tools to help the public, only expands
them. Meaning that there currently are tools, which is completely contrary to
what he insists that I accept.
In my first
article that I mentioned above, I refer to an article from an internet bulletin
board; in which the St. Thomas Board of Realtors President Kerstin McConnell
tells the reporter in reference to the Virgin Islands Real Estate Commission,
“They’re there to police the Realtors. In the states, Realtors live in fear of
the Real Estate Commission.”
The Real
Estate Commission absolutely positively has the option to police the Realtors.
They just choose not to. They can revoke or temporarily suspend licenses for a
broad range of offenses as listed in the current law. And with this power, as I
state in my blog -
“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.”
And this is
exactly what B.J. Harris offered to me in a phone call on June 22, 2023 -
“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.” -
Mattera
Unfortunately,
B.J. Harris must have forgotten that conversation because in her testimony she
simply toed the line of the REC -
As a Real
Estate Commissioner, I am here to report that we have repeatedly found the
existing laws lacking in depth and specifics, to a point where when we receive
a complaint, we are so limited in what we can legally do to help the
complainant, that we feel useless. These amendments and modifications will
change that, and by more clearly defining the duties and expected conduct of
licensees, will allow us to help and protect the public to a much greater
degree. – B.J. Harris
It's
apparent, the REC has a vision of their role that they are striving to obtain.
That role is summed up with three words: JUDGE – JURY – EXECUTIONER.
This must be avoided! There needs to be a division of power to prevent what has
happened to me. I came to the following conclusion after reading through Bill
35-0193 and the associated testimony. The REC wants greater power even
though they abuse the power that they already have.
Which brings
to mind the famous quotation by Lord Acton:
“Power
tends to corrupt, and absolute power corrupts absolutely.”
So, how can
the power be divided to obtain the best result? Three more words: TRANSPARENCY
– OVERSIGHT – APPEAL (process).
Transparency -
For starters, the process of filing a complaint must be spelled out in an easy
to find location; complainants shouldn’t have to guess what they are doing. And
this may be earth shattering, perhaps, maybe even provide a real human being to
answer questions. The rules and the current code of ethics (article #8 in my
blog) also need to be readily available. And then the following
paragraph from Nathalie Hodge needs to actually happen -
“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.”
And that
needs to happen with the Sixth Amendment to the U.S. Constitution in mind. In
other words, the trial needs to be public and speedy. Speedy is easy to
understand. And three and a half years is not speedy. How can they be public?
The results need to be posted. The public has the right to know. And that
publicity will benefit the public doubly. It will motivate both the REC and
brokers to stay honest knowing that their actions will be made known to all.
In that
paragraph there are two very important words; “both complaints”. It’s plural!
And this is important. It must be understood that BOTH the complainant AND the
broker are going to complain about each other. This is only logical and it
explains why the REC needs to conduct a Fact-Finding Meeting during which the
complainant is allowed to read the broker’s response (or complaint). This is
also required by the Sixth Amendment which states citizens have the right to
confront an accuser. Unfortunately, in my case, the Real Estate Commission
refused to give me a copy of Mr. Hanley’s response and therefore exposed that
they are not big believers in the Bill of Rights.
Oversight –
This can be accomplished quite easily. At the very end of the WELCOME article
in my blog I write -
“The REC has
essentially no oversight. The REC is within the Department of Licensing and
Consumer Affairs (DLCA). However, the DLCA has no authority over the REC. This
was explained to me by Commissioner Evangelista, “Because contrary to what
people think, I actually have no real direct power and control over the
board. They are who they are…””
Currently,
oversight of the Real Estate Commission is provided by the Governor; BAD IDEA.
But there’s a simple fix - GIVE THE COMMISSIONER OF DLCA AUTHORITY OVER THE
REC. This will solve two problems. First, the REC absolutely cannot be
Judge-Jury-Executioner. The REC should be the JURY. After all, with their
current makeup, they already are a jury of peers of a broker. The Commissioner
needs to be the JUDGE to see that all the rules are being followed in a timely
manner. And then a complainant will have someone to talk to if the REC violates
the rules rather than trying to plea to the Governor.
Appeal
process – Giving the Commissioner authority over the REC can solve the
second problem by providing for a simple path for an appeal process. If a
complainant or a broker feels that a decision is unfair, who better to appeal
to than the JUDGE? And this also takes part of the power of the EXECUTIONER
away from the REC. Essentially, the REC and the Commissioner are sharing that
position; a reasonable solution that is sure to benefit the public.
Sincerely,
David
Mattera
--------------------------------------------------------------------------------------------------------------
Toya V.A. Malone <toya.malone@vi.gov> Mar 27, 2025 11:16 AM
to me, Naydyeyah
Good Morning Mr. Mattera:
I have not forgotten you.
I forwarded your complaint to the sitting Commissioner of
DLCA. I also included my observations. She sent me a response today-- promising
to respond shortly. I’ll give her until next week Thursday.
Based on some of the issues we discovered during the Spring
Revenue Estimation Conference held last week Friday (which I encourage you to
watch on YouTube), I believe this concern is timely. It will be reviewed
thoroughly.
Best Regards,
************************************************************************************
Nathalie Hodge was no help when I first contacted DLCA. Is it possible that she will help now?
************************************************************************************
David Mattera
Apr 14, 2025 8:35 AM
to Toya, Naydyeyah
Good Morning Mr. Malone
I gave you homework, so it’s only fair that you give me some
homework. I watched the entire 2025 Spring Revenue Estimating Conference (not
in one sitting). It was quite informative.
Some of my observations –
Horace Graham Jr. talked about business licenses. There was
a lot of discussion about the current size of the fees for a license. Some
Senators talked about the need to keep the fees low to help small businesses.
But then the Governor commented on the higher fees that are charged in the BVI,
implying that the USVI could raise their fees. Question – Why can’t there be a
sliding scale of fees? They could be based on the size of the company, either
the number of employees or simply the previous year’s income? Big guys can
afford it, little guys won’t get hurt, and the government makes more money.
When Brent Leerdam was talking about property taxes, I
remembered something that I used to think about when I was living on St. Croix
regarding taxes. One of the taxes that always baffled me was the Gross Receipt
Tax. Typically, if there’s a really bad businessman who buys one hundred
thousand dollars’ worth of goods and then foolishly sells those goods to his
customers for only one hundred thousand dollars, he makes zero profit and
therefore pays zero taxes. In the USVI, he pays six thousand dollars of Gross
Receipts Tax. Obviously, this makes it hard to keep a business afloat that is
just scraping by. If this tax was eliminated, businesses would have a better
chance of competing. The Governor mentioned that retail trade was dying because
of internet shopping. Eliminating this tax would be a step in the right
direction.
But then how to replace all that missing revenue? The
multi-billionaire Warren Buffet always complains about the unfairness of the US
tax code and as a result his personal secretary has a higher tax rate than him.
Like him, I am annoyed when one of the taxes that I pay IS TOO LOW. I’m a fan
of sin taxes. Tax the dickens out of alcohol, then we’ll all drink less.
However, the tax that I was most annoyed about in the USVI for being too low
was property taxes. I moved to St. Croix from Massachusetts. My house in
Massachusetts was worth about seven hundred thousand dollars. I paid around
eight thousand dollars per year in property taxes. Here in Virginia where I now
live, my house is worth about seven hundred thousand dollars. I pay about four
thousand dollars in property tax. On St. Croix, I lived in a house that was
worth about seven hundred thousand dollars. I paid about FOUR HUNDRED DOLLARS
in property taxes. Are you kidding me? That is ridiculous. I should have been
paying at least ten times that amount.
Get rid of the Gross receipt tax and replace the lost
revenue with a much higher property tax. This will solve two problems at once.
First, local companies will be better able to compete with online sales.
Second, and this is a biggy. I used to hate driving through Christiansted and
looking at all the derelict buildings. Why are they derelict? Because the
owners have no motivation to fix them up. Why do they have no motivation?
Because it doesn’t cost them much of anything to allow their buildings to slowly
fall into ruin. Now, if you were to raise the property tax a lot, suddenly
these unmotivated owners are going to be really motivated. They probably are
unwilling to fix their buildings, so instead they will become very motivated to
sell their buildings. Who’s going to buy them? Entrepreneurs who are willing to
fix them up. Then they’ll start businesses that will allow them to hire
workers, make money, and pay the higher property taxes; result - pretty town,
more employment, more government revenue. It’s a win-win-win.
Have you heard back from the DLCA Commissioner? I’m curious,
what is your plan? Is the record of the REC regarding the handling of
complaints (mine included) going to be investigated? And hopefully, is the
Governor going to be able to read my letter?
Dave
------------------------------------------------------------------------------------------------------------------------
Toya V.A. Malone <toya.malone@vi.gov> Apr 25, 2025 10:05 AM
to me, Naydyeyah
Good Morning
Mr. Mattera:
No, the Commissioner
has not responded. I will condense your information and forward it to the
Governor.
******************************************************************************
Hallelujah!
After only half a year the Governor is going to get my letter. I am eager to
hear his response.
******************************************************************************
David Mattera Apr 28, 2025, 10:49 AM
to Toya, Naydyeyah
Good morning Mr. Malone
I truly appreciate your help. Please let me know what the
Governor thinks of my situation. I have been reading articles about the changes
that have started to occur in the national real estate industry after the NAR
lawsuit. I think that things will work out for the benefit of the public in the
future. However, the short term is going to be quite messy. It will be very
important to have a Real Estate Commission that has the public’s best interests
at heart.
Thanks again,
David Mattera
******************************************************************************
Is the
Governor a slow reader or have I been wasting my time with Toya Malone?
******************************************************************************
David Mattera Jul 4, 2025, 11:02 AM
to Toya, Naydyeyah
Good day Mr. Malone and Happy July 4th
As usual a couple of months go by between our
communications. In your last email you said that you were going to condense my
information and forward it to the Governor. So, I'm dying to know – What did he
say?
Actually, I have a few other questions. First, since the
information that you sent to him is all about me, I really would appreciate
having a copy of what you sent him. I’ve been on this miserable odyssey for so
many years that introspection kicks in and I realize, after all this I truly
need to see how an impartial observer such as yourself condenses everything
that has happened to me into something that the Governor can read in a short
time. Thousands of people have read my blog. However, I have received only
minimal feedback. Primarily, I get, “It’s too long.” So, I wonder, does what
has happened to me translate into something that will cause the Governor to
take action?
And along those lines, does he have a message specifically
for me?
Finally, is he going to do anything about dual agency, the
initial cause of all my misery?
Sincerely,
Dave Mattera
******************************************************************************
Yup. I’ve
been wasting my time.
******************************************************************************
David Mattera Aug 6, 2025, 8:55 AM
to Toya, Naydyeyah
Good day Mr.
Malone
Once again, I have that forgotten feeling. Another month has
come and gone. All of my previous questions are still in effect plus one more.
Did you present the letter I wrote for the Governor to him?
Sincerely,
David Mattera
---------------------------------------------------------------------------------------------------------------------------
Toya V.A. Malone Aug 6, 2025, 9:36 AM
to Naydyeyah, me
Good Morning
Mr. Mattera,
Unfortunately, I
can’t share the details of my conversation with the Governor. However, one of
my colleagues who knows the history of this issue informed me that this office
attempted to correct that same issue through legislation. The legislation
failed in the senate.
The Commissioner
attempted to investigate the matter. However, that did not yield any fruit. As
it stands, I am trying to locate the failed amendment. Hopefully, it can be
tweaked so that the legislature will find it more appealing.
I’m sorry that I don’t have better news for you.
---------------------------------------------------------------------------------------------------------------------------
Toya V.A. Malone
Aug 6, 2025, 1:58 PM
to Naydyeyah, me
The most recent update to the law to place on Oct. 16, 2024.
*** Mr. Malone sent me a copy of Bill 35-0391. ***
******************************************************************************
So, after
all these months communicating with Mr. Malone in order to get my letter read
by the Governor, what have I got? A confusing email and a copy of a bill. Hopefully,
at very least I can get the confusing email explained.
******************************************************************************
David Mattera Tue, Aug 12, 4:44 PM
to Toya, Naydyeyah
Good day Mr. Malone
I’m really confused. In my letter to the Governor, I had two
main issues. First, I proposed that the Governor have the Real Estate
Commission investigated by the Inspector General for possible corruption.
Second, I encouraged him to eliminate dual agency. So, I don’t understand,
which issue are you referring to when you state that, “…this office attempted
to correct that same issue through legislation.”?
If the issue that needed correction was the REC’s
corruption, why would that be fixed through legislation without doing an
investigation first?
And if the issue was dual agency, it appears that the
October 16, 2024 bill fixed that problem if I’m reading paragraph 427b (c)
correctly, yes/no? I read that the Senate passed this bill, so why do you refer
to it as a failed amendment?
Last questions – When you say, “The Commissioner attempted
to investigate the matter.”, was the Commissioner investigating possible
corruption? And if so, why wasn’t I contacted, I definitely could have yielded
some fruit?
In my blog, I stated that I planned to send a letter to the
Governor and based on the results of that, a letter to all the Senators. You
have not told me if the Governor read my letter. And if he did, what was his
response which I feel I deserve after all that I have gone through.
My last task I have before I put this entire miserable
affair to rest is to write a letter to the Senators. It will look a lot like my
letter for the Governor.
As I said above, I’m really confused with your last emails.
Please explain a bit better what has happened by responding to each of my
overabundance of questions.
Dave
******************************************************************************
Etiquette
is dead. Time for a letter to the Senators.
******************************************************************************
******************************************
This is the letter I wrote to all the
Senators
******************************************
Dear Senator ___________________
Good day. I am writing to inform you of problems that I have
encountered that were partially addressed by Bill Number: 35-0193 and Bill
Number: 35-0391 both which sought to amend Title 27, chapter 15 that deals with
the Real Estate Commission and real estate brokers. In 2020, when I sold my
home on St. Croix, I was cheated by my broker out of $22,500. I filed a
complaint with the DLCA and was contacted by then Assistant Commissioner
Nathalie Hodge who forwarded my complaint to the VI Real Estate Commission.
Initially, I wanted the Real Estate Commission to help me
confront my broker who, according to two individuals from the Attorney
General’s Office that I spoke with, probably committed fraud. That fraud was
facilitated by him acting as a dual agent during the sale of my house.
In Assistant Commissioner Hodge’s email, she informed me
matter-of-factly how the Real Estate Commission would handle my complaint.
Unfortunately, she was completely in error. Instead, the REC spent over three
and a half years refusing to do their job even though I enlisted the aid of
Sammy Sanes, plus then DLCA Commissioner Evangelista, as well as Senator
Carrion and his office staff. Finally, Shawna Richards, Senator Francis’s Chief
of Staff, was able to pry loose a letter from the REC in which they essentially
said to me, “Go away and we will give you no information.” (see attached)
As a result, I was forced to refocus from my broker to
combatting the Real Estate Commission. I wrote a letter to the Governor in
which I urged him to investigate the REC for possible corruption and to
eliminate dual agency (see attached). I have also written a blog that details
everything that has happened to me throughout this miserable odyssey.
https://usvirealestateproblems.blogspot.com/
To date, I have only listed the address of my blog on
vimovingcenter, a website for people who are thinking of moving to the USVI. It
has now been viewed by over two thousand people and rising. And I assure you;
every member of the Real Estate Commission has read it. Commission member Tippy
Alfred appears to have lifted verbiage from my blog when he drafted 35-0193.
And another Commission member, B.J. Harris, was referring to my complaint
during her testimony in favor of this bill.
Only the Governor and the Senate can fix what is wrong with
the Real Estate Commission. You can read on my blog that the Governor
unfortunately has shown no interest. This letter is to inform you of a problem
with the REC that can only be known by someone who has attempted to seek help
from the REC. After this, I will work to further inform the public with the
help of social media. Please contact me if you have any questions.
Sincerely,
David Mattera
usvirealestateproblems@gmail.com
******************************************
These are the Senators and their email addresses.
Marvin Blyden mblyden@legvi.org
Angel Bolques Jr. senatorbolques@legvi.org
Dwayne DeGraff ddegraff@legvi.org
Ray Fonseca rfonseca@legvi.org
Novelle Francis Jr. senatorfrancis@legvi.org
Alma Francis Heyliger
senatorfrancisheyliger@legvi.org
Hubert Frederick senatorhubertfrederick@legvi.org
Kenneth Gittens senatorgittens@legvi.org
Marise James MCJames@legvi.org
Franklin Johnson senatorjohnson@legvi.org
Carla Joseph senatorjoseph@legvi.org
Clifford Joseph senatorcliffordjoseph@legvi.org
Avery Lewis senatoraverylewis@legvi.org
Milton Potter mpotter@legvi.org
Kurt Vialet senatorkurtvialet@legvi.org
My blog allows me to see readership, not who is reading,
only how many. The sudden increase in numbers when I sent out these letters led
me to believe that either the Senators or people in their offices were clicking
on my blog. However, as I became accustom to while battling the REC, I honestly
didn’t think that I will be contacted and to date I haven’t been. If I am ever
contacted by one of the Senators who has something to say that needs to be put in
this blog, I’ll do it.
This is pretty much the end of my miserable journey. If there’s
anyone who has read to this point and you would like to read more of my
rambles, you can go to the website that I mention in the Senators’ letter. The
address is -
https://www.vimovingcenter.com/talk/generalrelocating/
I go by the username “Tree Cat”. I have two posts. One is
titled, “The Real Estate Commission is a Stain on the Virgin Islands”, at the
end of which I include the letters that I sent to Nicholas Peru.
The other post is titled, “If you are thinking of moving to
the Virgin Islands, read this”. This is a very, very long post in which I tell
stories about my days on the island. Most of them deal with my teaching career.
My readership for these two posts exceeds ten thousand.