canary-v-whyte

10/7/2024

This website features an active lawsuit between Bryan Canary and his partner -- buyers of Real Property in Monterey County California --- and Peter Whyte -- a 40 year real estate agent currently living out a working retirement with Coldwell Banker while offering Mentorship and Transaction Coordination Services for other agents.

Whyte's biography indicates he's been in real estate as an Agent in California since the 1980s and it indicates Whyte established the Coldwell Banker Agent Training Program in Beverly Hills CA in the late 2000s.

With experience like that, any Seller or Buyer told he was engaging in their transaction would assumehe knew transaction processing, disclosure law, and representation statement presentation timing requirements like the back of their hands.

Whyte has been sued for his involvement in a situation where $250,000 in misrepresentation fraud transpired.

In this situation, Whyte engaged with an inexperienced Buyer's Agent who was seeking mentorship and transaction coordination support for a $700k to $900k home purchase.

Whyte was one of two transaction coordinators in this transaction. The other was Tracy Travaille of Travaille Transactions. Travaille engaged for the Seller's Agent -- and she claims to have handled over 15,000 transactions since the late 2000s.

If this prose below feels familiar but not for Whyte, it's because we used a similar introduction for his opposing counterpart Tracy Travaille at https://canary-v-travaille.bryancanary.com/ .

Whyte and Travaille were sued separately instead of together for several strategic reasons that will be covered later -- what's more important now is to understand just how bad and bizarrely they behaved "together"...

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If a seller knew their roof leaked in winter, and he had put that in writing and given it to his Agent and Broker for buyer understanding before ever listing the home, would you think the prospective buyer(s) should get that written notice BEFORE or AFTER they make an offer to purchase the home ?

According to Whyte, Travaille and numerous other licensed California Real Estate Professionals with decades of experience, such a statement was not due to the Buyers until AFTER an offer was made and a contract was formed --- against all logic and reason a human can bear...

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What was he thinking? What were they thinking? Were any of them thinking at all?

Who was taking care of "my brother"? Where was "my brother's keeper" when we needed them most?

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There are ONLY 3 explanations for this, and it's NOT #1...

1) Canary and his partner do not understand representation law

2) Whyte doesn't know representation law and he's been committing acts of Constructive Fraud for over 40 years. If that's the case, Whyte could have been involved in 10's of MILLIONS of $'s in representation fraud facilitation in his own transactions as well as all those he coached AND explanations are needed about the training all agents and brokers in California are getting from their Licensing Programs and continuing education systems. It's impossible to estimate the financial, emotional, and mental damages he's contributed to for over 40 years...

3) Whyte knows representation law. He knows he committed Actual Fraud (vs Constructive Fraud). It's impossible to estimate the financial, emotional, and mental damages he's been involved in intentionally for over 40 years....

Original Complaint view

Amended Complaint view

Admit Document view

Whyte and Travaille were sued separately instead of together for several strategic reasons.

In the case of Whyte, we needed to isolate Coldwell Banker Attorneys from any other attorneys to see how they'd respond, after being informed Coldwell Banker and/or their parent company would be providing legal services for him.
In the case of Travaille, we needed an isolated response from what we hoped would be a non-Coldwell Banker affiliated Attorney, and that's what we got there for sure as well.

If these two defendants had been sued together, it's presumed Coldwell Banker's Attorneys would have attempted to take a lead, and we really wanted and needed to see more than one response -- and that strategy paid off in spades.

This case against Whyte is very simple...

Should Whyte, as a 40 year agent, have been expected to know when a contract was formed with the Purchase Agreement template he was providing to Buyers for making offers? YES or NO
1. 1. If no, why not?
  2. If yes, when was a contract formed ?
If Whyte was required to know when a contract was formed, should Whyte have known about universal contract formation law that underlies the entire US Civil Court System -- which requires representation statements of material fact to be shared between contracting parties that might alter their view of the value of the contract -- prior to forming a contract? YES or NO
1. 1. If no, why not?
  2. If yes, why did he encourage and allow for the delivery of documents with representation statements of material fact on them after a contract was formed, while suggesting that was standard process and that any misrepresentations of fact found as part of that process during escrow were not illegal?

That's it.

That's the entire case in a nutshell.

That's the case that over 100 Attorneys in Monterey County refused to take on for the Plainatiffs when they sought support for their transaction...

You -- This makes no sense. What are we missing?

Me -- You are missing the fact that every Attorney has known about fraudulent suggestions of process in the real estate contracts for DECADES and not one Attorney in CA stood up and blew the whistle since 1985.

This summary statement applies to Tracy Travaille, more so than Peter Whyte -- but it applies to him as well -- as he should have known her involverment in a transaction was not legal under the law either -- unless anyone can point to statutes we are not familiar with as of 10/8/2024...

What would you do if you found out that Brokers in your state's real estate industry had established a "third party transaction coordinator profession" where non-licensed people could participate in real estate transaction handling -- that seemingly didn't meet any of the state statutes -- and then you realized it was the state oversight body who was totally absent too?

What would you do if you then came to the conclusion that both transaction coordinators 1) should have known what Travaille's involvement was without legal basis 2) Travaille and Whyte were both offering services to the brokers that helped them violate state statutes in a way that gave them an out of negligence and left them both holding a bag for fraud?

Stating this another way -- the Brokers have outsourced fraud and this loophole needs to be closed.

Would it surprise you if you found out that both of these Transaction Coordinators seem to have setup Trust Systems to shield assets long ago? Most people who are operating within laws put less emphasis on that type of configuration, but maybe they had other reasons for those protections too.

It's presumed, if they ever had conscious thoughts about the idea that they were involved in industry wide frauds, they may have thought if they were ever to go down, it meant the entire industry was coming down too, and nobody could figure out how that would ever happen.

We sued them directly, because we needed to do the work no Attorneys were doing or would have ever done --for numerous reasons -- and now, they are both sitting in a spotlight with seemingly no protection from the overhead at all.