Chapter 2 - Micah Meets the Fixer
Chapter 2 - Micah Meets the Fixer
Embedded Files
In the Spring or early summer of 2020, Micah approached an Acquaintance at Church by the name of Kent Weinstein.
In the Spring or early summer of 2020, Micah approached an Acquaintance at Church by the name of Kent Weinstein.
Kent was an Agent with Keller Williams.
Kent was an Agent with Keller Williams.
Micah asked Kent to come take a look at their home to see if he could help them sell it.
Micah asked Kent to come take a look at their home to see if he could help them sell it.
Kent went over and looked at the home.
Kent went over and looked at the home.
Based on the fact we have at this time, the follow is generally what Kent saw when he arrived at Micah's home for the first time...
A home that would most resemble a Hoarders home as seen on TV.
A 2nd floor closet with a 2' x 8' missing ceiling and an aroma of raccoon pee and urine.
A first floor utility room and/or bathroom with fallen ceiling and mold.
A dining room floor area soaked in cat urine
A cantelevered deck crumbling off the home with untold structural defects that woudl require the removal of drywall in the garage ceiling to gauge the damage.
etc etc etc
During that first visit or over several visits Micah and Kent came to an Agreement. If Micah and his family moved out of the home...
Kent would take management control of the property.
Kent and his wife would perform the property cleaning and sub out anything they didn't want to do.
Kent would maintain the yard and grounds and sub out anything he didn't want to do.
Kent would recommend and supervise Contractors to do repairs.
Kent would recommend and manage Pre-Sale Inspectors.
Kent would list the home for sale in MLS via Keller Williams.
There is nothing innately ILLEGAL about this type of arrangement. HOWEVER....
Not a single Real Estate Broker in the Country, that I'm aware of, will approve of Agents engaging in this type of relationship.
Proving Recommendations for contractors and inspectors can be made, but that's where ALL Seller Assistance MUST END.
The Problem becomes one of DISLCOSURE FRAUD and CONSPIRACY TO COMMIT FRAUD.
If /when an Agent gets involved in a property,any and all defects the Agent becomes aware of MUST BE DISCLOSED PROPERLY by either the Seller or the Agent, in an extremely clear manner OR the BROKER can be held PERSONALLY LIABLE for CONSPIRACY TO COMMIT FRAUD.
The Brokerage Industry is NOT like any other Commercial Industry in the United States.
1) Brokerage is viewed by legal codes and Case Precedent as a "Consumer Protection Service".
2) For this reason, Brokers can be held "personally liable" for ALL activities of their Brokerage, be it incorporated or not.
3) Agents are NOT supposed to be legally viewed as entities separate from their BROKERs for Fraud Liabilty purposes
Because of this precarious situation which was designed to PREVENT Brokers and Brokerages from "Scaling up" due to liability exposure concerns, many Brokers have Disclosure Documents that must be signed by the Seller and the Seller's Agent indicating they did NOT collaborate in any manner during the home preparation and pre-inspection process.
In fact, Keller Williams Coastal Estate of Carmel, Kent's Office, has a Disclosure Document that required the Seller and Seller's Agent to formally state they did NOT work together in this exact manner.
Micah and Kent both signed that document indicating with absolute clarity they did not work together to fix up the home, contrary to their own written admissions obtained after the Scheme was exposed.
That's a HUGE "oops" and it gets far worse when you see the level to which they all "oopsed" together...
The term "Fixer" comes from Mafioso type scenarios. There is an implied meaning related to the term "Fixer" that is important to learn about if you don't know it already. In a risky engagement such as this, anything short of perfect correction of defects and/or absolutely transparent disclosure statements would qualify Kent as a "fixer", and that is exacty what transpired.
Micah Forstein
Seller
https://www.linkedin.com/in/kent-weinstein-21092127/
Kent Weinstein
the "Fixer" and Real Estate Agent
https://www.linkedin.com/in/kent-weinstein-21092127/
Page updated
Report abuse