"Windermere is the most poorly managed, unethical and predatory real estate company in America—thoroughly dishonest and incompetent. Ethical agents are growing more reluctant to show Windermere listings, and potentially expose their clients to such catastrophic jeopardy. WindermereWatch.com is an indispensable internet news and opinion resource that provides hard evidence why consumers, agents and prospective realty franchisees should avoid Windermere Real Estate at all costs."

A public service consumer advocate reporting clear, compelling evidence of America's most dangerous and unethical corporate predator, Windermere Real Estate. When your home is listed for sale by Windermere, the resulting commission will fund Windermere's predatory legal strategies against other Windermere customers damaged by unscrupulous Windermere brokers, agents and franchise owners. Protect your life, home, family and future by cancelling or not renewing your Windermere listing. Don't risk doing business with Windermere Real Estate, the brand built on lies, fraud and ruined lives.

ABOUT WINDERMEREWATCH.COM CONTENT: Various image and editorial WindermereWatch.com content is protected from copyright infringement by 17 U.S.C. § 107, Non-Commercial Fair Use. Learn more about Fair Use here. ALL legal documents, pleadings, and case summaries presented on WindermereWatch.com have been collected from public resources available to everyone. Challenges to WindermereWatch.com and/or Windermere Victims' First Amendment speech rights will be vigorously defended. FOR PROOF THAT WINDERMERE INTIMIDATES, THREATENS AND SUBMITS FALSE STATEMENTS TO WEBSITE HOSTING COMPANIES, CLICK HERE. ATTENTION LEGAL COMMUNITY: REVIEW OF WINDERMERE GENERAL COUNSEL, PAUL S. DRAYNA.


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THE COMPLETE WINDERMERE WASHINGTON LITIGATION HISTORY in comprehensive listings of Windermere Real Estate lawsuits from KING and PIERCE and SNOHOMISH counties, and all Washington counties where Windermere cases have been filed: Benton Chelan Clallam Clark Columbia Cowlitz Franklin Grant Grays Harbor Island Jefferson Kitsap Kittitas Lewis Mason Pacific Pend Oreille San Juan Skagit Spokane Stevens Thurston Wahkiakum Walla Walla Whatcom Whitman Yakima

Download the complete Windermere litigation history from ALL Washington counties here.




...A NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER FILED IN THE PRECEDING WINDERMERE COACHELLA CASE ON JULY 11, 2011, STATES: "A grand jury and FBI investigation have been instituted to discover whether any criminal wrongdoing arose out of Plaintiff's allegations in this case." CLICK TO THIS REPORT




If anything goes wrong in your Windermere home transaction—despite whatever clear, convincing evidence of wrongdoing or misconduct you may present—Windermere legal strategy will force you to sue in an effort to stall and exhaust your financial resources on litigation before trial. This web page reports many such cases.


Through the fees and commissions that Windermere agents and brokers pay to their Windermere franchise owners—who in turn pay fees and commissions to franchiser Windermere Services Company—every Windermere agent, broker, and Windermere office is a knowing partner to Windermere marketing fraud, and its predatory conduct in local communities.

Your sale or purchase of a home means big commission to a realty agent, their broker, and the company they represent. Consumers have the right—indeed, the responsibility—to review public information which documents the unethical history of a company to whom they may consider trusting their home.

Public information lists the following Windermere office location, agent/broker sales personnel, and staff:

Windermere Pullman


Office Address:
Windermere Pullman Moscow
1125 NW Nye Street, Suite B
Pullman, WA 99163


Phone: 509-334-3530
Fax: 509-338-9134
Email: pullman@windermere.com
Website: www.PullmanMoscowHomes.com


Chris Clark
Jacob T Davis
Lynn Kramer
Windermere Pullman-Moscow
Jeri Rainer
Jess Rainer
Beth Semingson
A Smith
Alise Smith
Amy Wang


Windermere Puyallup


Office Address:
Windermere Real Estate/Puyallup Inc.
12114 104th Ave. E.
Puyallup, WA 98374


Phone: 253-845-5900
Fax: 253-845-0113
Email: jnichols@windermere.com
Website: www.WindermerePuyallup.com


Cindi Allison
Shannon Armstrong
Larry Bargmeyer
Chuck Brockway
Rose Corey
Puyallup Fax
Fred Goehler
Carolyn Graham
Dana Grant
Tim Hermansen
Kylee Hill
Brenda Holmes
Mike Hurter
Steve Hurter
Melanie Imber
Windermere Real Estate/Puyallup, Inc
puyallup Info
Kelly Inman
Vickie Jennings
Von Karl Inman
Justin Kenney
Mark Kitabayashi
Mark Kitabayashi
Jason Mendel
Jeanne Merola
Cathy Morris
Jessica Mustain
Alex Nichols
Ellah Nichols
Jane Nichols
Kristy O'Brien

Rob Pollard
Josh Prieur
Mary Richard
Hector Rios
Rachel Ross
Donna Rudebaugh
Jaryd Ruffner
Ryan Sand
Stacy Schwartz
Gina Short
Mark Silverman
Jami Wilson


Windermere Quincy


Office Address:
Windermere Real Estate/Central Basin, LLC
503 S. Central Ave
Quincy, WA 98848

Phone: 509-787-4536
Fax: 509/787-8707
Email: quincy@windermere.com
Website: www.windermere.com


Debra Adams
Kelly Field
Daja Mayfield
Quincy Office
Tom Parrish
Linda Ray


Windermere Realty Group-Vancouver


Office Address:
Windermere/Realty Group
237 Chkalov Drive #215
Vancouver, WA 98684


Phone: (360) 823-0404
Fax: (503) 675-8268
Email: lakeoswegowest@windermere.com


Yousef Abraha
Internet Coordinator
Joeseph Daiker
Robin Denburg
Kristin Duyn

Windermere Redmond

Office Address:
Windermere Real Estate/East, Inc.
16261 Redmond Way
Redmond, WA 98052

Phone: 425-883-0088
Fax: 425-885-7210
Email: redmond@windermere.com
Website: www.redmond.windermere.com

Lisa Brand
Jim Brown
Kara Deak
Matt Deasy
Jason Decker
Jason Decker
Joel Dugan
Bill Ebert
Tricia Ebert
Shelley Elenbaas
Kim Gallert
Buck Hoffman
Corky Irvin
Corky Ivrin
Amy Maggio
Dianne Masaoka
Pat McDonnell
Sherry Newman
Danyelle O'Neal
Jan Patton
Autumn Reid
Justin Robbins
Jutta Roehrig-Strainer
Derek Rothe
Broker Services
David Simpson
Shirley Sterner
Jodi Stull
Redmond Transactions
Kristi Vellema
Maggie Vreeburg
Tim Vreeburg

Sarah Weinold
Samantha Ying

Windermere Relocation and Referral Services

Office Address:
Windermere Relocation
301 N.E. 100th Street, Suite 200
Seattle, WA 98125

Phone: (866) 941-3936 (206) 526-7730
Fax: (206) 526-7613
Email: Relocation@Windermere.com
Website: www.windermererelocation.com

Office Administration
Theresa Barker
Lisa Cox
Rose Hardiman
Cauline Osenbach
Chip Painter
Debbi Russell
Peggy Scott
Kathy Serrato
Relocation Services

Windermere Relocation- Mountain West

Office Address:
Windermere Services Mountain West
25 W. Cataldo, Ste. A
Spokane, WA 99201

Phone: 509-468-9410
Fax: 509-468-3203
Email: spokane@windermere.com

Rebekah Singer
Janet Weldon

Windermere Renton

Office Address:
Windermere Real Estate/Renton, Inc.
3800 NE 4th Street
Renton, WA 98056

Phone: 425-235-7777
Fax: 425-226-0130
Email: renton@windermere.com
Website: www.windermererenton.com

Joan Addington
Sandra Bolden
Mindy Brady
Chelsea Brown
Jenn Burgart
Lisa Contreras
Cheryl Coupens
Larry Crim
Official Delivery
Mira Demireva
Mark Follmer
Bill Grover
Teresa Grover
Jana Gustafson
Sue Hammermaster
Tom Huxtable
Renton, Inc.
Darlene Johnson
Lisa Lam
Ian Lunsford
Sue Lunsford
Heather Maddox
Erin Maxwell
Marcie Maxwell
Jason Moore
Michelle Moore
James Nevin
Manuel "Manny" Ovena
Mika Peart
Cyd Phillips
Dan Phillips
Ed Ruth, Associate Broker, MBA

DeeDee Shirkey
Stacey Stuart
Jeff Taylor
Caren Tobolski
Timothy Tran
Linda Wagner
Jody Warren
Michelle Woo ABR, CRS, CSP
Brad Yeager

Windermere Renton-Tukwila South

Office Address:
Windermere Real Estate/PSR, Inc.
3900 E Valley Rd, Suite 200
Renton, WA 98057

Phone: 425-277-5900
Fax: 425-277-6099
Email: RentonSouth@Windermere.com
Website: rsoffice.withwre.com/

Mark Barron
Joe Bernasconi
Debbie Boyett
Dori Brashear
Scott Cannon
Beth Clement
Jennifer Clukey
Internet Coordinator
Bill Cox
Caprice Y. Davis
Jimm Elliott
Mike Elliott
Kim Grinolds
Teresa Hempstead
Kylee Henken
Christina Clymer Jarvis
Janet Jassen
Larry Jassen
Pat Larkin
Justin Laukala
Candace Legg-Cadigan
Roger Maggio
Aleni Mang
Tim McCormick
Jason Moore
Sonja Morella
Darla Morton
Robbin Ott
Aaron Peterson
Charles Peterson
Sarah Peterson
Renton PSR, Inc.

Darleen Rasmussen
Kelli (Prentice) Riehm
Carole Saffell
Roger Schluter
Kay Storhoff
Deborah Taylor, Assoc. Broker
Anne Thoreen
Nate Thornton
Paul J Wilson

Windermere Republic

Office Address:
Windermere Republic
728 S. Clark Ave
Republic, WA 99166


Phone: 509-775-3004
Fax: 509-775-0235
Email: bjb@windermere.com
Website: www.windermere.com


Team Baldwin
Bill J. Baldwin
Windermere Republic


Windermere San Juan Island

Office Address:
Windermere Real Estate/San Juan Island
50 Spring Street, P.O. Box 488
Friday Harbor, WA 98250

Phone: 360-378-3600/ 800-262-3596
Fax: (360)378-5916
Email: info@windermeresji.com
Website: www.windermeresji.com

Mary Jane Anderson
Samantha Bryner
Bette Cantrell
Tim Daniels
Tiffany Danley
Shawn Danley, Property Manager
Debbie Dardanelli
Kathryn Farron
Abbie Finney
Gary Franklin
Bill Giesy
Sue Gordon
Thalya Harvey
Rebecca Hughes
Greg King
Denece Kost
Lisa Lawrence
Michael Linehan
Sybil Mager
Property Manager
Tawny Martel Galligan
Vail McClure
Linda McMahon
Chita Miller
Robert Nieman
Pat O'Day
Windermere San Juan Island
Richard Sandmeyer
Zita Sandmeyer
Annette Schaffer
Monica Van Appel-Percich
Tamara Weaver

Windermere Seattle-Ballard

Office Address:
Windermere Real Estate/Northwest, Inc.
2636 NW Market Street
Seattle, WA 98107

Phone: 206.789.7700
Fax: 206.782.4166
Email: ballard@windermere.com
Website: windermereballard.com

Arline Abrams
Cheri Adams
Jody Baker
Ken Balter
Marilynn Balter
Julie Beall
Tom Bernard
Steve Blackbourn
Kelly Blake
Lynn Blind
Mary Bond
Robert Boyd
Ingrid Brinkley
Robert Brittingham
Internet Coordinator
Lance Cormier
Mary Durkan
Mary Durkan
Bonnie Ellsworth
Ballard Fax
Ballard Files
Darci Gillespie
Sarah Goehle
Daniel Greenfield
Christopher Grimm
Gunnar Hadley
Laura Hanson
Rebecca Hartsook
Bob Hedlund
Patti Hill
BG Hook
Gloria Jackson

Jane Johnson
Aaron Kahn
Don Kenney
Nicole LaChasse
Loretta Larson
Greg Lewis
Leslie Manchester
Mary Beth McConachie
Megan McKibbin
Sara Medford
Bob Melvey
Tom Moorman
Miquelle Moreno
Jessica Morsley
Dane Murphy
Dane Murphy
Ballard Office
Jamie Pauley
Karen Peterson
Sulcer And Ward Real Estate
Christine Olsen Reis
Susan Robinson
Brent Sanders
Leslie Sanders
Georgia Selfridge
Paul F. Simpson
Kelly Souder
Darlene Sozinho
Greg Stamolis
Hailey Steiner
Ben Stigler
Cari A. Sulcer
Yvonne Svasand
Michael Tade
Richard Taylor
Erica Topel
Sam Ward
Beth Ann Warner
Lee Whalen
Tim Wong
Mike Woods
Stacie Youngblood


Windermere Seattle-Capitol Hill

Office Address:
Windermere Real Estate/Capitol Hill, Inc.
1112 19th Avenue East
Seattle, WA 98112

Phone: 206-324-8900
Fax: 206-328-1716
Email: caphill@windermere.com
Website: www.homeinseattle.com

Thadine Bak
Ted A. Bash
Julie Bouscaren
Sandy Brown
Kathryn Buchanan
Matt Coats
Internet Coordinator
Stacey Cross
Sarah Cushing
Linda Daniel
Beth Dennis
Heather Dolin
Deirdre Doyle
Bill Drummond
Philip Farrar
Rachel Findlay
Tom Fine
Diane Ginthner
Kristopher Ginthner
Cortney Greene
Patrick Grimm
Paul Grimm
Mark Hanses
Matt Hanses
Marlow Harris
Michael Harris
Stan Hartmann
Erick Hazelton
Philip Heier
Samuel Hilbert
Brad Hinckley
Andrew Jackson

Gregg Jackson
Diane Ginther & Kris Ginthner
Loren Kronen
Marco Kronen
Diane Lancaster
Wendy Leung
Paul Levold
Margaret Lyles
Emma McAleavy
Monica McCormick
John McKenna
Felice Molitor-Hudson
Joe Nabbefeld
Stacey Nice-McCannel
Peter Olive
Jim Paddleford
Jeff Parker
Jim Patterson
Mary Kay Perrigo
Jackie Leone Pleasant
Ian Porter
Terry Proctor
Bethany Rahoi
Casey Rosenberg
Clancy Small
Casey Smith
Greg Smith
Jeff Smith
Sara Stephenson
Scott Strodel
Don Taufen
Tracy Treseder
Dustin Van Wyck
Sally Welch
Yami Williams
Pat Woodley
Margie Zech

Windermere Seattle-Eastlake

Office Address:
Windermere Real Estate/Northwest, Inc.
214 East Galer St., Suite 300
Seattle, WA 98102-3707

Phone: 206-448-6000
Fax: 206-623-6533
Email: eastlake@windermere.com
Website: www.windermereeastlake.com/

Ted Alton
Kelley Meister and Amie Stewart
Jeannette Ault
Ashley Azeltine
Mark Besta
Penny Bolton
Darcy Breene
Scott Burdette
Ben Carr
Liz Chalmers
Internet Coordinator
Pat Craft
Patrick Curry
John Daniels
Jim Dickinson
Eastlake Email
Rebecca Evans
Eastlake Fax
Julie Finstad
Steve Foss
Kevin Gaspari
Carmen Gayton
Lyle George
Charlotte Graham
Mary Granen
Dina Harvey
Kimberly Hobbs
Mark Hobbs
Paula Holtzclaw
Jeremey Johnson
Monte Johnson
Padraic Jordan

Tracy Joshi
Robyn Kimura-Hsu
Laura Ko
Tashana Kolanowski
Heather Lavin
David Ledingham
Danny Lee
Mary F. Louis
Shawn Lovell
Gerry McBarron
Tracie McGovern
Mimi McHugh
Reilly McHugh
Chris McQuillan
Kelley Meister
Linda Moline
Michael D. Nelson
Keith Nyberg
Cricket O'Neill
Lindy Oden
Denise Perkins
Shane Petersen
Erika Peterson
Lars Peterson
Bruce Phares
Fiore Pignataro
LeAnne Quinn
Penny Bolton Rebecca Evans
Rena Ritchey
Mark Rockwell
Joy Rothrock
Rachel Schindler
Jan Selvar
Jeff Severns
Donovan Shelton
Laurie Shields
Tadashi Shiga
Terri Smith
Amie Stewart
Monte Swears
David Updike
Dena Varriale
Mike Walker
Lise Wang
Carol Yamamoto
Dustin Ziegelmann

Windermere Seattle-Green Lake

Office Address:
Windermere Real Estate Company
7300 East Green Lake Drive North
Seattle, WA 98115

Phone: (206) 957-9441
Fax: (206) 957-9446
Email: greenlake@windermere.com
Website: seattle-green-lake.windermere.com

Randy Anderson
Adam Capp
Internet Coordinator
Mark Corcoran
Peggy Frasse
Tina Garcia
Garret Grob
Samuel Harris
Tyler Jones
Shannon Laskey
Paul Lavrinec
Ian MacMillan
Amanda McGowen
B.J. Mellema
Kristin Munger
Helen Pinel
April Rauch
Jamie Silbaugh
Jason Smith

Windermere Seattle-Greenwood

Office Address:
Windermere Real Estate Greenwood
311 N. 85th
Seattle, WA 98103

Phone: 206-527-5250
Fax: 206-527-3804
Email: greenwood@windermere.com
Website: www.windermeregreenwood.com

Bruce Barnum
Juliet Beard
Craig Brooke-Weiss
Coni H. Butler
Beth Bylund
Matthew Carroll
Steven Craft
Mark DeSpain
Melissa Duane
Gary Everist
Debi Fortin
Leslie Fox
Richae Fox
Dan Fresonke
Sharon Giampietro
Jeff Green
Mija Hamilton
Patti Hennessey
Diana Hoang
HAL and JEFF Homes
Phinney Ballard Homes
Blaine Hooper
Dave Hynden
Adrian Jensen
Linda Juliano
Marguerite Knutson
Vera Koch
Steve Laevastu
Byron Lawrence
Inger Lawrence
Debbie Lee
Kirk Levandoski

Brent D. Lumley
Maggie Mallett
Michelle Markwood
Kathy Moeller
Christian Moulin
Rick Nimmer
Sharon O'Mahony
Gwen Oaksmith
Mauri Oaksmith
Greenwood Office
Blair & Jan Paul
Julie Polkinghorn
Jackie Proteau
Debra R. Brownell
Hal Rappaport
Robin Reed
Eva Richards
Peter Richmond
Renee Roberts
Jan Robinson
Kyle Rose
Melissa Ross
Diana Russell
Wendy Saddler
Jeff Saeger
Pieter Salverda
Gregory Sciborski
Gene Seguin
Molly Shutes
Scott Shutes
Tara Silicio
David Sligar
Suzanne Spano
Diane Lembo Talley
Liz Talley
Jeffrey Valcik
Mick Walls
Ann Walsh
Scott Waterman
Kim Wesselman
Jayne Williamson
Bonnie Wyatt
Roberta Zook

Windermere Seattle-Lakeview

Office Address:
Windermere Real Estate Company
1920 North 34th Street
Seattle, WA 98103

Phone: (206) 527-5445
Fax: (206) 526-7652
Email: lakeview@windermere.com
Website: seattle-lakeview.windermere.com

Catherine Adams
Shawna Ader
Patty Allen
Mark Anton
Maria Banchero
Leanne Becker
Bob Bennion
Heather Berger
Laura Bollard
Joanie Brennan
Carol Burns
Tamara Canero
TallyAnn Carroll
Susie Carter Johnson
Lesly Chapman
Kelly Chinn
Patrick Chinn
Erica Clibborn
Sarah Clifton
Javila Creer
Chet Crile
Bob Deville
Ann Dover
Jennings Doyle
Michael Doyle
Christina Economou
Joe Everyagent
Daniel Farmer
Kathleen Farrar
Marlene Fletcher
Julie Friedman
John Gilbert

Jim Goldberg
Sylvia Hubbert
Cherie Keller
Charlotte Killien
Lori Knuckey
Steve Leland
Christine Lewis
Emily Mapel
Tamara Marson
Laurie McLennan
Jenny Miller
Shelley Miller
Lynn Murphy
Lakeview Office
Don Parker
Ashlyn Pawlak
Kenna Pearson
Betsy Pepper
Anne Marie Peterson
Gary Peterson
Liz Petrillo
Cindy Rach
Shane Ristine
Honeylet Rota
Rosie Rothrock
Mary Alice Shea
Lucy Short
Cassandra Stoneberg
Lisa Strain
Linda Tallahan
Cliff Tanner
Diane Terry
Theresa Truex
Jennifer Van Wiel
Rene Villanueva
Dan Wilcynski
Larry Wilcynski
Max Wurzburg
Evan Wyman
Stacey Zorzi

Windermere Seattle-Madison Park

Office Address:
Windermere Real Estate/Northwest, Inc.
4015 East Madison
Seattle, WA 98112

Phone: (206) 324-0000
Fax: (206) 324-1525
Email: madisonpark@windermere.com
Website: www.windermeremadisonpark.com

Aubin Barthold
Laura Bethel
Robin L. Black
Jeanine Burke
Barbara A. Cahill
John Coake
Judy Striker Curran
Phoebe Day
Fedva Dikmen
Shane Doran
Tim Feeman
Shannon Gardner
Bill Garrison
Jim Gram
Michael Griffin
Beth Hale
Dave Hale
Kimberly Striker Hall
Jonathan Himschoot
Kathryn Hinds
Jane A. Johnson
Pam Johnson
Cheryl Jones
Shavic Jones
Darcy LaBelle
Alyson Lapan
Michele Layton
Scott Malatos
A. Carol McDaniel
Lilly Milic
Kate Morgan
Kevin O'Doherty

Madison Park
Scott Perret
Amy Sajer
Susan Sellin
Marilyn Smith
Mary P. Snyder
Hoady Spencer
Susan Stasik
Susan Stocking
Liz Suver
John Swofford
Kim Thomas
Lincoln Thompson
Debra Thompson Harvey
Nick Upshaw
Shannon Vincent

Windermere Seattle-Magnolia

Office Address:
Windermere Real Estate/Wall St., Inc.
3214 W McGraw Street, Suite 102
Seattle, WA 98199

Phone: 206-284-8989
Fax: 206-284-2184
Email: magnolia@windermere.com
Website: www.windermere-magnolia.com

Office Account
Charlie Allen
Gratzi Anderson
Lilia Blomgren
Bill Calhoun
Internet Coordinator
Patricia Corbin
Jackie DiGangi
Doug Gehrke
Joan and Doug Gehrke
James Goodman
Patty Groesbeck
Veronica Hapgood
Marli Iverson
Barbara Jones
Russ Katz
Matthew L Koenig
Carolyn Lathrop
Colleen McCann
Brianna McTee
Sherry Moody
Karen Paulsen
John Petrov
Michael Plunkett
Eileen Quackenbush
Greg Shaw
Angela Siderius
Aaron Spring
Karen Stern
JR Torres, J.D.
John Wellman
Tom Wilbanks

Windermere Seattle-Mount Baker

Office Address:
Windermere Real Estate/Northwest, Inc.
4919 South Genesee Street
Seattle, WA 98118

Phone: (206) 725-7255
Fax: (206) 725-0971
Email: mountbaker@windermere.com
Website: WindermereMtBaker.com

Cabby Albright
Samson Asfaw
Simone Bouterse
Annsianne (Susi) Burdick
Virginia Calvin
Nancy Chapin
Nick Chicka
Susan Cole
Internet Coordinator
Sabranie Coyne
Susan Davidson
Ted Dietz
Dorothy Driver
Buy Dwell
Joe Easterday
Warren Farmer
Daniel Givens
E.J. Gong
Steven Gorecki
Su Harambe
Monique Harris Jones
Cherie Hasson
Debbie Heard
Serena Heslop
Al Johnson
Scott Jones
Freda Leomiti
Leslie Lowe
Carolyn Mollot
Claire Newman
Ken Nicholas
Heather O'Malley

Beverly Powers
Laurie Samuelsen
Rhonda Smith
Erik Stanford
Steven Sterling
Dolly Tokunaga
Steven Wayne
Infax windermere
MountBaker windermere
Outfax windermere
Jeff Wolfe

Windermere Seattle-Northgate

Office Address:
Windermere Real Estate Company
301 NE 100th St, Suite #200
Seattle, WA 98125

Phone: 206-526-5544
Fax: 206-526-7613
Email: northgt@windermere.com
Website: northgate.withwre.com/

Frank Airey
Marshall Airey
Phyllis Allison
Ted Allison
Scott Anderson
Tyler Anderson
Barrick Benson
Michael Bill
Pamela Blessing
Dick Carruthers
Susan Causin
Betsy Chamberlin
Bill Collison
Cathy Cowan
Charlie Cowan
Thomas Cowan
Shelby Cramer
Karen Dawson Fortier
Daniel Dittmann
Northgate Fax
Andrew Fortier
Aaron Harrington
Jay Harrison
Tammy Hatch
Stefan Hoerschelmann
Carolyn Holm
Jason Howdeshell
Jarrett Johnson
Michael Jordan
Bill Lemcke
Fran Lilleness
Donna Lindsay

Lisa Long
Marshall Longtin
Adrienne Loop
Julie Manolides
David Marcoe
Carol McElroy
Nan Menard
Alison A. Moceri
Paul Myers
Northgate Office
Anthony Pagones
Elaine Pagones
Sandra Pappas
Kippie Pasowicz
John Pettas
Bentley Pugh
Michael Ravenscroft
Leslie Reed
Maria Rippee
David Rush
Ria Scott
Steve T. Senescall
Julie Shefts
Sasha Shefts
Ken Shiovitz
Brian Steiner
Irma Suntay
Everett Talvo
Peter Tang
Simone Tarver
Scott Thiessen
Carl Thorgerson
Matthew Townsend
Monica Tracey
Roger Turner
Jason Viydo
Dan Wallace
Scott Whaley
Marilyn Wick
Simone Willynck

Windermere Seattle-Northlake

Office Address:
Windermere Real Estate Company
17711 Ballinger Way N.E.
Lake Forest Park, WA 98155

Phone: 206-364-8100
Fax: 206-364-2614
Email: northlake@windermere.com
Website: windermerenorthlake.withwre.com

Sabah Al-Haddad
Marella Alejandrino
Myles Armstrong
Christopher Byler
Sandy Chisholm
Seetha Chittar
Karal Cox
Jan Craven-Greenberg
Office Email
Chris Emery
Ryan Francescutti
Kristin Frosaker
Joyce Hollenbeck
Ann Hovik
John Jacobi
Amanda Mayberry
Sheila McKee
Cheri Moll
Susan Mueller
Windermere Northlake
Beverly Prkacin Read
Maureen Richards
Kevin Scott
Kami Shaw
Marianna Smith
Leo Van Hollebeke

Windermere Seattle-Northwest

Office Address:
Windermere Real Estate/FN
12250 Greenwood Ave N
Seattle, WA 98133

Phone: 206-367-4720
Fax: 206-361-6943
Email: northw@windermere.com
Website: www.windermerenorthwest.com

Bruce Ainslie
Naureen Ali
Mary P. Anderson
Brooke Barnes
Susan Beals
Sandra Brenner
Debbie Cooper
Internet Coordinator
Erika Hartzog
Karen Hayes
Steve Hill
Shannon Hill Hanson
Cristina Jensen
Andrew Kim
Lindsay Kim
Carmen A. Kloth
Lexie Knull
Dennis Koepke
Wanda Kristjanson
Brian Landreville
Josephine LaRosa
David Malmgren
Sunshine McArthur
Dick McPhaden
Fritz Nichols
Northw Nichols
Nwfax Nichols
Nwscan Nichols
Officedocs Nichols
Carl Nicholson
Jill Nicholson
Sharilyn Patterson

Kay Rigley
Steve Hill and Sandra Brenner
Matthew Skeel
Tamara Stangeby
Jay Yancey


Windermere Seattle-Queen Anne


Office Address:
Windermere Real Estate/Wall Street, Inc.
214 W McGraw St.
Seattle, WA 98119


Phone: 206-283-8080
Fax: 206-283-5650
Email: queenanne@windermere.com
Website: www.windermere-queenanne.com


Compliance Account
Administration Account2
Nicole Bailey
George Beasley
Kevin Bohnert
Toni Carnovale
Claudia Case
Ann Clark
Whitney Cooley
Internet Coordinator
Kristofer Due
Andres Garcia
Susan G. Gilbert
Janet Haberbush
Scott Haveson
Elizabeth Hollowwa
Karla Hulse
Stephanie Imsande
Dana Johnston
Arison Knapp
Guita Lami
Cindy Lange
Mary Lee
Susan Leonardson
Michael Macdonald
Lauri Maher
Mark Mathias
Lauren Monroe
Randie Nelson
Kimber Parker
Leah Pham

Kamie Rasmussen
Holley Ring
Michael Schrepfer
Rene Stern
Kirk Turnell
Robbie Wald Tradal
Laura E. Wallace
Nancy Williams
Melanie Young


Windermere Seattle-Sand Point


Office Address:
Windermere Real Estate Company
5424 Sand Point Way NE
Seattle, WA 98105


Phone: 206-524-1100
Fax: 206-526-7614
Email: sandpt@windermere.com
Website: www.seattle-sand-point.windermere.com


Kate Allen
Chris R. Austin
Linda Balyeat
The Beach Team
Sue Bethke
Brenda Brake
Michelle Cooper
Marissa Cram
Debbie Jenner Culp
Jessica Dales
Kim O. Dales
Loie DiJulio
Carolyn Erickson
Paul Fitzgerald
Aaron Fredrickson
Carole Fredrickson
Mike Gannon
Katharine Gibson
Mary Gibson
Joie Gowan
Scott Graham
Phyllis Haaland
Laura Halliday
Phyllis Hanen
Christine Henn
Sharon Henry
Mark Holden
Nathaniel Hopper
Eileen Hunt
OB Jacobi
Kristi Johnson

Dale Kaneko
Norm Kaneko
Colleen Keilbart
Donna King
Paula Knopf
Brad Knowles
Kim Knowles
Edward Krigsman
Dora Krupanics
Megan Kukull
Tom Lavigne
Timothy W. Lenihan
Rick Lubov
Tom Maider
Jordan Malloch
Renee Menti Ruhl
Cathy Millan
Elsa Nunes-Ueno
Sand Point Office
Amy Olason
Leslie Ota
Georgia S. Perez
Helen Pope
Kelly Pornour
Kian Pornour
Grace Price
Sue Rockwell
Jill Rotset
Eileen Rumpf
Janet Schanno
Reilly Schanno
Jan Shapiro
Barbara Shikiar
Jeri P. Smith
Marilyn Starbuck
Sally Tafft
Dee Treece
Patti Verschueren
Dave Weaver
Maggie Weissman
Jay West
Jeff Williamson
Diane Zwiebel


Windermere Seattle-Wall Street


Office Address:
Windermere Real Estate/Wall Street, Inc.
2420 2nd Ave. at Wall St.
Seattle, WA 98121


Phone: 206-448-6400
Fax: 206-448-3291
Email: wallst@windermere.com
Website: windermere-wallstreet.com


Office Legal Email Admin - Email for P&S Documents
Office Administration
Carol Ard
Gina Ard
Ginger Ard
Kay Asai
Lara Baca
Joe Bills
Anne Carney
Cathleen Carney
Kelly Cash
Suzanne Charnos
Ying Chen
Mark Dagg
Kerry Dean
Claire Dion
Elinor Dofredo
Dan Drummey
Janine Duncan
Don Ennes
Kathrin Faulkner
Rick Finer
Mary Ann Fordyce
Joe Galindo
Andrew Gangnes
Rich Gangnes
Ellen Gillette
Carol Gilmore Sauter
Bill Gleason
Phillip Greely
John Grieco
Todd Hagan

Kris Hendricks
Lauren Hendricks
Stephen Hicks
Leah Hill
Andrea Iverson
Jake Jacobsen
Stewart Karstens
Margeaux Kennedy
Jed Kliman
Arison Knapp
Tom Knee
Pete Korfiatis
Chelise Kuhn
Gerry Ann Lanphier
Penny J. Lewis
Amy McDavid
Jeff Morgan
Joseline Mucha
Jack O'Berg
Randall O'Dowd
Phyllis Ohrbeck
Sharon Parmenter
Melody Paxton
Fabiola Reina
Chris Sadowsky
Judie Sanders
Ed Santos
Jen Skiver Thompson
Jan Slawson
David Stelzer
Qasim Tanga
Andy Tonning
Stuart Vincent
Heidi Ward
Mary Welk
D. Lisa West
Christopher Wetzel
Deborah Young


Windermere Seattle-Wedgwood


Office Address:
Windermere Real Estate Company
8401 35th Ave NE
Seattle, WA 98115


Phone: (206) 522-9600
Fax: (206) 527-3818
Email: wedgwood@windermere.com
Website: http://seattle-wedgwood.windermere.com/


Mary Abbott
Nancy Bolin
Barbara Brandt
Ben Buckley
Blake Budden
Bill Cecil
Patrick J. Corr
Debbie Covey
Greg Cowan
John Cowan
Jill Cunningham
Marie Davis
Brenda Dimond
Mark Emily
Kevin Erickson
Rhona Feldman
Peter Fletcher
Michele Flinn
Rob Graham
Brian Griffin
Simone Hamilton
Bryan Haworth
Anita Italiane Hearl
High Heermans, JD
Jaime Hernandez
Merritt Hess
Casey Holme
John Jacobi
Pamela Jensen
Eileen Lindsey
Kelland Lindsey

Kelland & Eileen
Bryan Loe
Kathy MacDuff
Jennifer Maher
Terri Maloney
Kim Marsh-Stearns
Stuart Miner
Jay Nemitz
Marsha Nemitz
Ann O'Neil
Wedgwood Office
Roberta Pletz
David Prater
Carissa Turbak Saffel
Pat Pietersz Scott
Nick Simonton
Laura Smith
Michael Strazzara
Tanya Thackeray
Amelia Theriault
Gary Thompson
Marina Vitasovic
Krystal Wade
Neale Weaver
Cisca Wery
Bill Wilson
Katherine Zorich Walsh


Windermere Seattle-West Seattle


Office Address:
Windermere Real Estate/Wall Street, Inc.
4526 California Ave SW
Seattle, WA 98116


Phone: 206-935-7200
Fax: 206-937-6574
Email: westseattle@windermere.com
Website: http://www.windermerewestseattle.com/


Susan Anda
Doug Baldwin
John Benson
Anne Bentrott-Wise
Carla Brobeil
Kevin Broveleit
Chantal Carrancho
Internet Coordinator
West Seattle Documentation
Ayumi Doll
Tamera Duke
Natalie English
Kathryn L. Enlow
Bill Fazekas
Katrina Felicitas
Julie Fontanez
Javier Fosado
Shelley Godwin
Teresa J. Grassley
Mara Haveson
Gayle Hellriegel
Tonya Hennen
Sandra Hines
Chuck Houston
Jim Jacobsen
West Seattle Junction Fax
Robert Kelly
Holly Kemery
Kate Kenney
Mike Kirk
Kevin Krout
Karen Lavallee

Dawn Leverett
Rick Lohr
Desiree Loughlin
Jessica Lynn
Ali Macdonald
Kelly Malloy
Gina Malvestuto
Nancy McKallor
Jennifer McQuade
Vickie Mengedoht
Kurt Metzger
Cara Mohammadian
Scott Monroe
Margaret Nordahl
Joe Nye
Barb Ogden
Cindy Osborne
DeAnna Piccini
Andria Pinkowski
Emily Rash
Anastasia Reed
John C. Rockwood
Cori Roed
Lacie Roth
Lucas Roth
Robin Sheridan
Connie Sorensen
Matthew Spenny
Randie Stone
Karin Swendsen
Cynthia Tibbetts
James Tibbetts
Kim Tingley
Desirée Tkach
Mary Ann Vandergriff
David Warren
Cara Wass de Czege
Christina Waterhouse
Bill Wayburn
Britt Wibmer
Peter Wolf


Windermere Sequim- East


Office Address:
Windermere Real Estate Sequim East
842 East Washington
Sequim, WA 98382


Phone: 360-683-4844
Fax: 360 683-1122
Email: wresequim@olypen.com
Website: http://realestate-sequim.com/


Alan Burwell
SequimEast Coordinator
Carol Dana
Carolyn Dodds
Robert Dodds
Dianna Erickson
Heidi Hansen
Chuck Murphy
Sheryl Payseno Burley
Cathy Reed
Jean Ryker
David Sharman
Jan Sivertsen
Lori Tracey
Jessica Warriner


Windermere Sequim- Sunland


Office Address:
Windermere Real Estate/Sunland
137 Fairway Dr
Sequim, WA 98382


Phone: 360/683-6880
Fax: 360/683-9614
Email: alanb@olypen.com
Website: http://sequim-sunland.windermere.com


Alan Burwell
Tyler Conkle
Bill Huizinga
Deb Kahle
Terry Peterson
Irene & Mike Schmidt Schmidt
Mike Schmidt
Dollie Sparks
Patricia Terhune

Windermere Services Company

Office Address:
Windermere Services Company
5424 Sand Point Way N.E.
Seattle, WA 98105

Phone: 206-527-3801
Fax: 206-526-7629
Email: wsc@windermere.com
Website: www.windermere.com

Selina Bowen
Susie Bustamante
Katie Clegg
Nellie DeBruyn
Chris Demco
Paul Drayna
Michael Fanning
Ashley Frei
Greg Gustafson
OB Jacobi
Duane Johnson
Julia Jordan
Edward S. Krigsman
Chris Ma
Diane Madore-Anderson
Scott Mitchelson
Bill Murray
Mark Oster
Chip Painter
Carolyn Rathe
Don Riley
Military Services
Jim Shapiro
Amanda Sox
Chris Stephan
Shawn Sullivan
Lansing Teal
Mike Teather
Lai Tran
Kendra Vita
Lora Wilson
Christine Wood
Geoff Wood
Jill Wood

Windermere Services - Marketing


Office Address:
Windermere Services Company
815 Western Ave., Suite 400
Seattle, WA 98104


Phone: (206) 695-5959
Fax: (206) 357-2393
Email: support@windermere.com
Website: www.windermere.com


Noelle Bortfeld
Office Coordinator
Nicole Dundas
Margaret Eckert
Sam Everyagent
Robyn Hallonquist
Jonah Hoskins
Lauren Jansson
Gina Kim
Kate Ledbetter
Vikki Nakamura
Kathleen Nolan
Shelley Rossi
Tara Sharp
Mary Lynn Thompson
Marilou Ubungen
Kimi Wagoner


Windermere Services-Mountain West


Office Address:
Windermere Services Mountain West
25 West Cataldo, Suite A
Spokane, WA 99201


Phone: 509-468-2923
Fax: 509-468-3203
Email: wsmw@windermere.com
Website: www.experiencewindermere.com


John Becker
Diana Davis Hehn
Spokane Info
Jim Lodato
Services Mountain West
Rebekah Singer
Social Spokane
Guest User
Janet Weldon
Scott Wetzel
Tracie Wetzel


Windermere Shelton


Office Address:
Windermere Real Estate/Himlie
920 Railroad Ave. / P.O. Box 729
Shelton, WA 98584


Phone: 360-426-2646/800-281-2740
Fax: 360-426-2698
Email: shelton@windermere.com
Website: shelton.windermere.com


Jeanne Blanton
Andy Conklin
Jef Conklin
Daralynne Fitzpatrick
Brady Fuller
Keith Fuller
Jill Himlie
Vince Himlie
Windermere Real Estate/ Himlie, Inc. - Shelton, WA
Diane Huisingh
Stephanie Johnson
Tracey McGlothlin
Bethany Simmons
Kelly Zoldak


Windermere Shoreline


Office Address:
Windermere Real Estate/Shoreline
900 North 185th Street
Shoreline, WA 98133-3903


Phone: 206-546-5731
Fax: 206-546-5741
Email: shoreline@windermere.com
Website: www.windermereshoreline.com


Gary Alston
Therasa Alston
Sandi Amos-Pitts
Scott Becker
Mark Blackbourn
Bill Burns
Julie Carlton
Karen Christopherson
Chris Clasen
Cheryl DeLaittre
Michael Dodge
Pat Dornay
Dave Douglas
Saihou Drammeh
Kim Edwards-Fukei
Kristine Emerson
Jennifer Gay
Bill Gibson
Henry Goss
Mary Jane Goss
Shoreline Graphic
Chris Haynes
Nancy Huoth
Debbie Jaeger
Kira James
Rick Kalamar
Christine Kelly
Clint Kinzel
Laura Kinzel
Bob Koo
Steve Koon
Lee Lageschulte
Jean Linhardt
Karen Lorentzen
John Lough
Billie Lunsford
Jack Malek
Elizabeth McMillan
Anne Millman
Cindy Neff
Lella Norberg
David O'Connor
Ann O'Leary
Soo Paik
Ranee Palacios
Kimberly Parker
Scott T. Phariss
Sharon Pierce
Inae Piercy
Leslie Sharkey
Windermere Shoreline
Sandra Simmons
Scott T. Phariss
Shelley M. Thompson
Ingrid Tollessen
Gary M. Turner
Hanneli Turner
Jamie Wang


Windermere Silverdale


Office Address:
Windermere Real Estate/West Sound, Inc
9939 Mickelberry Rd. NW
Silverdale, WA 98383


Phone: 360-692-6102 or 206-282-5340
Fax: 360-698-4614
Email: silverdale@windermere.com
Website: www.windermeresilverdale.com


Bobbi Alger
Agent Assistant
Bill Bailey
Mike Bay
Deb Becker
Judy Bigelow
Rod Blackburn
Nick Blickhan
Donna Bosh
John C. Hays
Alan Cady
Lindsay Clark
Roni Conrad
Crystal Dahlhauser
Mark A. Danielsen,
Dino Davis
Summer Davy
Steve Derrig
Carter Dotson
Mary Ellen Hooks
Molly Ells
Christy Fancher
Marie Flanders
Jason Galbreath
Bob Guardino
Judy Hartness
Tom & Marie Hooker
Christine Johnson
Dave Jones
Jessica Kennedy
Jennifer Kilkenny
Nancy Mackleit

Bonnie Michal
Joe Michelsen
Kathy Olsen
Jeanette Paulus
Mike Pitts
Erin Quinn
Sydney Quinn
Belinda Rider
Carol Sue Rogers
Christine Salo
Philip Scheer
Kim Stewart
Jack Stodden
Victor Targett, CCIM
Kristina Togia
Wendy Tonge
Jill Wallen
Kate Wilson
Silverdale Windermere


Windermere Snohomish


Office Address:
Windermere Real Estate/Snohomish, Inc.
731 2nd Street
Snohomish, WA 98290


Phone: (360)568-1537
Fax: (360)568-1530
Email: gaylecampbell@windermere.com
Website: www.snohomishwindermere.com


Lydia Alexander
Melinda Baena
Cheri Bodine
Gayle Campbell
Kristen Casto
Internet Coordinator
Tim Denton
Marie Hartung
Angie Kelleher
Alicia Kersavage
Jeff Larson
Rhonda LePoidevin
Todd Lipke
Maureen Loomis
Nonie Martin
Jayne Miller
Dani Miska
Tanya Mock
Kaysie O'Dell
Janet Ogden
Kathie Salvadalena
Mitzie L Schield
Kevin Shinn
Bill Steffener
Sandy Trice
Kelly Turner
Cyndi Vannoy
Karen Young


Windermere Spokane-City Group


Office Address:
Windermere Real Estate/City Group, LLC
908 North Howard Street, Suite 101
Spokane, WA 99201


Phone: 509-323-2323
Fax: 509-323-2353
Email: citygroup@windermere.com
Website: www.windermerecitygroup.com


Michelle Baker
Aaron Bell
Michele Buck
Eva Carper
Windermere City Group
Cody Craig
Tina Craig
Aaron Cunningham
Cathy Dernbach
Joey Duris
Jonas Elber
Sandy Falkner
Karine Freeze
Joe Garst
Ric Lake
Darren Lawson
Lisa Lembeck
Bob Maxwell
Donna Mergen
Cameron Napora
Linda Peters
Jan Roseleip
Margaret Sandusky
Chris Siemens
Kara Siemens
Mom And Son Team
Jennifer Tiffany
John Urquhart
Cathey Wells
Randy Wells


Windermere Spokane-Cornerstone


Office Address:
Windermere Real Estate/Cornerstone
1420 N Mullan, #200
Spokane, WA 99206


Phone: (509) 927-7733
Fax: (509) 927-2999
Email: cornerstone@windermere.com
Website: www.windermerespokane.com


Office Administrator
Brian Anderson
Bruce Baldwin
Jon Baxter
Jeremy Bray
Leonard Christian
Bill Fatur
Kristy Hamby
Claudia Hildahl
Steve Hildahl
John Stirling Jeremy Bray
Joyce Lingo
Pam Lyon
Sheridon Rennaker
Stan Richmond
Kevin Russell
Patty Smithley
John Stirling
Jerry Vanhook
Lorrie Vanhook
Stuart VanZyverden
Steve Vizzini
Susan Wentz


Windermere Spokane-Liberty Lake


Office Address:
Windermere Real Estate/Valley, Inc.
1429 N. Liberty Lake Rd., Suite A
Liberty Lake, WA 99019


Phone: (509) 340-8000
Fax: (509) 340-8010
Email: libertylake@windermere.com
Website: www.windermerelibertylake.com


Char Detro
Rae Flynn
Kristi Kerkuta
Allyson Knapp
Josie Krahn
Windermere Liberty Lake
Carlotta McGhee
Cate Moye
Rachel Osburn
Liberty Lake Transactions
Bill White
Sandy Zoller


Windermere Spokane-Manito


Office Address:
Windermere/Manito LLC
2829 South Grand Blvd, Ste 101
Spokane, WA 99203


Phone: 509-747-1051
Fax: 509-747-9160
Email: manito@windermere.com
Website: www.windermeremanito.com


Clark Betts
Khalil Beznaiguia
Chris Bornhoft
Marianne Bornhoft
Carol Capra
Greg Durheim & Carol Groves
Bart Cloninger
Matthew Cocks
Internet Coordinator
Heidi Crawford
Jerry Crossett
Darlene Dawson
Katie DeBill
Yvonne DeBill
Suzy Dix
Greg Durheim
Hilary Garber
Stephanie Gates
Mary Frances Gence
Carol Groves
M Guenther
Marianne Guenther Bornhoft
Sue Hare
Ashlie Hatchitt
Kelly Hunt
Karen Jones
W. Michael Keller
April Key
Dusty Klink
Jill Klinke
Joe Lanet
Sean T. Leland

Jim Lister
Jim Lister Assistant
Maryanna Mayer
Brett McCandless
Marcy Mongan
Marolee Morris
Roy Mortlock
Vickie Munch
Lana Neeley
Tom Neupert
Fritz W. Nichols
Joseph K. Nichols, Sr.
Pam Novell
Sally O'Brien
Mary O'Connell Marr
Nicole Ochoa
Barbara Parlet
Kathi Pate
Judy Peterson
Janet Pittmann
Whitney Ramsey
Judy Rowland
Sarah Ryan
D.J. Sebanc
Lori Sherfey
Gaye Shumaker
Brian Smith
Hollie Smith
Kathy Tapley
Manito Tech
Bob Travis
Tony Vaughn
Connie Wilson
Rick Wood
Dan Wynia
Kathleen Wynia
Nancy Wynia


Windermere Spokane-North


Office Address:
Windermere North Spokane LLC
9017 N Country Homes Blvd.
Spokane, WA 99218


Phone: 509-467-6640
Fax: 509-466-3610
Email: windermerenorth@windermere.com
Website: www.yourwindermere.com


Dick Aagard
Jeanne Barnes
Lorelei Barrett
Melissa Barton
Dallas Becker
John Becker
Marianne Becker
Howard Bergdoll
Ron Bledsoe
Josiah Boone
Tammy Brutschy
Steve Cain
Howard Bergdoll and Catherine Sutherland
Cruzin for a Cause Cfac
Doug Chantry
Lyndee Chatterton
Esse Costello
Dyer Davis
Ken DuPree
Marjorie A. DuPree
Aaron Edwards
Jim Farrow
Ken Garceau
Mike Gleason
David Graesser
Brandi Graham
Hal Greene
Jim Greenup
Kerry Grimes
Karilynn Hardan
Nancy Haskell
Jody Henderson

Dwight Hille
Billy Iseman
Katrina Ivey
Erin Jennings
Dale Johnson
Nancy Jones
Wendy Kennedy
Sean Kiewert
Laura Krauth
Dave Lawrence
Sue Lesher
Chris Lucas
Chris & Karie Lucas
Karie Lucas
John Markley
Floyd McDonald
Roy McHaney
Darwin McKibbin, CRS
Kitty McMillan
Jack Morse
Brigette Murphy
Kirsten Nell
Bookkeeper North
Graphics North
Processor North
Windermere North
Bill O'Dea
Enju Park
Dan Pasby
Shelby Pearson
Julie Fender Pohl
Shawn Randall
Gary Redding
Ron Rogers
Michael Rubrecht
Juliene Speck
Catherine Sutherland
John Taitingfong
Larry Urann
Steve Wallin
Julie Weaver
Robin Wendel
Kevin Wick
Don Williams
Amanda Wright
Jim Wynne


Windermere Spokane-Valley


Office Address:
Windermere Real Estate/Valley, Inc.
15812 East Indiana Avenue
Spokane Valley, WA 99216


Phone: (509) 928-1991
Fax: (509) 928-4250
Email: valley@windermere.com
Website: www.windermerevalleyspokane.com


Brooke Adams-Carey, ABR, CNE
Jimmie Bates
Cheryl Boisen
Jim Bowden
Cindy Calvert
Dayna Chisum
Melissa Curryer
Dan Dhaenens
Maggie Dyko
Gayle Earling
Sharon Ehrhardt
Jacque Eide
Rae Flynn
Ken Fry
Don Hay
Nila Jorden-Rosslow
Bob Krafft, AB, CRS, MBA
Gary Kuster
Wendy Kuster
Julianne Lease
Jen Deming Lee
Andrea Malone
Keri McFarland
Terrence P McKanna
Thomas McLaughlin
Social Media
Camilla Mounts
Cate Moye
Dana Pendergrass
Lori Peters, ABR, CRS, GRI
Claire Peterson
Martena Peterson

Sally Prete
Pam Reilly
B. Todd Rooks
Rebecca Ruark
Glen Scott
Mary Lou Shiley
Wendy Shiley
Windermere Spokane Valley
Cynthia Stevens
Lisa Sweeney
Dave Syrcle, ABR
Valley Transactions
Debbie Turnbow
Trisha Washington
Fletcher Wilkens
Roger Williamson
Larry and Sharon Windhorst
Sharon Windhorst
Trevor Windhorst


Windermere Stanwood


Office Address:
Windermere Real Estate/CIR
7359 267th St. NW, Ste. D
Stanwood, WA 98292


Phone: 360-629-8233,877-602-8200
Fax: 360-629-2733
Email: stanwood@windermere.com
Website: www.camanorealestate.com


Molly Alumbaugh
Keith Bjornethun
Doris Blas
Michael Borthwick
Bill Duncan
Bill Duncan
Linda Gleadle
Marla Heagle
Randy Heagle
Ellen Hough
Michele Housner
Julie Love
Steve Love
Steve & Julie Love
Denise McDonald
Patty Mueller
Ray Mueller
Hans Ostrander
Gayle Picken
Robert Sandoz
Tina Smith


Windermere Stevenson


Office Address:
Windermere Glenn Taylor Real Estate
220 SW Second / P.O. Box 280
Stevenson, WA 98648


Phone: 509/427-2777
Fax: 509/427-2770
Email: stevenson@glenntaylor.com
Website: www.windermere.com


Bob Anderson
Mary Lou Bennett
Kim Chadney
Frank Cox
Lori Hansen
Jim Joseph
Amanda Renner
Kim Salvesen
Robin Steigmann


Windermere Tacoma-Professional Partners


Office Address:
Windermere Professional Partners
4701 S 19th Street
Tacoma, WA 98405


Phone: 253-565-1189
Fax: 253-565-6178
Email: professional@windermere.com
Website: www.windermerepropartners.com


Nicole Alderson
Shannon Bell-Peterson
Brandy Brazeau
Chip Butzko
Tracy Butzko
Christina Cardin
Shelly Crane
Linda Diehl
Erin Dobrinski
Stacie Dylan
Alison Easley
Karen Eversull
WPP Faxes
Fenny Friis
David Gala
Marguerite Giguere
Karrie Griffin Betts
Matt Hume
Tom Hume
Sloan Hunter
Jeff Jensen
Jacob Jezek
Doniene Johnson-Price
Anne Jones
Amanda Jorgensen
Maria Kalafatich
Janet Lee
Brenna Lee Harrington
Kirk Lent
Amy Lowry
Danni Lunt
Regina Madiera-Gorden

WPP Marketing
Corey Matney
Kevin Mullin
Windermere Professional Partners
Scott Schulz
Client Services
Joyce Shipley
Weekend Staff
Be A Success
Jim Swanson
Lee Team
Erik Tinglum
Brent Tornquist
Alexandra Torres
Mark Van Antwerp
Cheryl Wilkerson
Cyndi Wilson


Windermere Tacoma-University Place


Office Address:
Windermere Professional Partners
2700 Bridgeport Way W, Suite F
University Place, WA 98466


Phone: 253-565-1121
Fax: 253-565-1371
Email: professional@windermere.com
Website: www.windermerepropartners.com


Mark Akers
Teresa Alderson
Chris Barrett
Ray Bolinger
Elsa Borgen
Patience Colkitt
Jerry Foss
Fenny Friis
Brandie Hassing
JoAnn Jett
Sandy Land
Jason Leyes
Sandy McKenzie
Kristin Niebergall
Karen Noland
Pat Patterson
Garrett T Pessemier
Elisa Pierce
Windermere Professional Partners
Lynette Reynolds
Client Services
Steve Sloboda
LeRoy Smith
Cindy Stewart
Ken Thiemann
Jaycee Vincent
D Wright





















Windermere Tri-Cities Richland


Office Address:
Windermere Group One/Tri-Cities
490 Bradley Blvd.
Richland, WA 99352


Phone: 509-946-1188
Fax: 509-946-0284
Email: groupone@windermere.com
Website: www.grouponetricities.com


Lynn Affleck
Chris Albrecht
Jenny Albrecht
Kelly Allen
Don Bouchey
Toby Bouchey
Dan Bruchman
Christina Brunson
Janie Bunch
Tonya Callies
Alana Carter
Katie Copeland
Darla Cravens
Carol-Lynn denHoed
Ruth Dingfield
Michelle Fahrendorf
Geri Fleming
Dani Gilchrist
Lisa Green
Windermere Group One
Kim Harty
Marilyn Hodgson
Jessica Hollandsworth
Garland Huff
Barb Keltch
John Keltch
John & Barbara Keltch
Ericka Lalka
Terry Loney
Allie MacAlister
Chris Manolopoulos
Tim May

Nancy Miskho
Tom Moore
Jed Morris
Joe Mullins
Melissa Niebuhr
Morgan Nielsen
Cathy Preston
Lori Pruitte
Mike Punch
Melinda Robinson
Ashley Rubon
Wendy Rush
Sarah Sarver
Jenifer Sawby
Susan Shay-Johnson
Susie Si
Suzanne Siekawitch
Storme Simmons
Michelle Sisemore
Chris Smith
Shari Stringer
Jeff Thompson
Patti Thompson
Greg Tripp
Annie Watters


Windermere Vancouver- Mill Plain


Office Address:
Windermere Real Estate/Stellar Group
12500 SE 2nd Circle, Suite 205
Vancouver, WA 98684


Phone: 360-253-3600
Fax: 360-944-6199
Email: mplain1@windermere.com
Website: windermerevancouver.com


Cindy Anderson
Keith Anderson
Scott Anthony
Carrie Armstrong
Dan Barkley
Ed Beard
Connie Bovee
Rebecca Brown
Judy Burke
Fred Castaldi
Karen Cleveland
Carol J. Curtis
Jason Curtis
Kelly Daniels
Carol Eggers
Debi Good Flanagan
Kevin Gorby, Sr.
Diane Gregory
Susan Gustafson
Linda Haring
David & LaVern Heiner
Rick Jenkins
Nancy Johns
Gary Kaster
Chiou Kolaks
Trent Latshaw
Barbara Lease
Scott Lewis
Brett Leyden
Charlotte Lien
Rowena C. Lusby
Tony Manduley

Chris McCullough
Admin, Mill Plain
Brian Pelky
Jim Pool
Joanne Powell
Nick Redinger
Alan Reeves
Rod Rice
Phyllis Riikonen
Tim Selfridge
Kim Smith
Larry W Smith
Windermere Stellar Group
Dawn Swanger
Glenna Tanner
Jeff Tanner
James M. Tapio
Staci Uhey
Danny Vallelunga
Janet Voelz
Debra Warnock
David Weedman
Leona Weedman
Patrick Williams
Neelufer Yusef


Windermere Vancouver- Officers Row


Office Address:
Windermere Real Estate/Stellar Group
850 Officers Row
Vancouver, WA 98661


Phone: (360) 694-4050 or 800-538-2038
Fax: (360) 694-4538
Email: therow@windermere.com
Website: windermerevancouver.com


Jeanne Able
Officers Row Agent
Gary Aldous
Lauren Aldous
Curtis Ambrose
Omar Arriaga
Cindy Banzer
Marie Baxter
Becky Belding
Mary Benson
Glenn D. Bonner
Ed Cameron
Internet Coordinator
Barbara Corigliano
Kalani Davis
Mary Davis
Relocation Department
Gerry Dowdy
Nathan Drake
Rachael Drake
Julie Drury
Kathy Frisbie
Roger Gantz
Fred Gibbs
Vicki Glasow
Patrick Gourley
Robin Hamilton
David Harris
Gary D. Heller
Jennifer Hensley
Victor Holmgren
David Horowitz

Linda Horowitz, CRS, GRI
Ron Howard
Leann Hull
Randy Hunzeker
Kim Kelleher
C. Scott Kennedy
Lindsey Korell
Mike Lamb
Patty Lilly
Keri Lippold
Linda London
Reid Monroe Maritn
Wendy Martin
Carol Miller
Matthew Morris
Denice Neddo
Deana Nerton
Mel Ott
Linda Owens
Mike Owens
Sue Pauley
Lisa Petersen
Patti Philip
Nancy Resnick
Kris Richardson
Ricardo Romagosa
Dan Rupp
Seth Russell
Linda Selfridge
Patti Shmilenko
Dennis Short
Paula Standfill
Angela Swigert
Larry Wheeler
Erin E. Wright


Windermere Vashon Island


Office Address:
Windermere Vashon
P.O Box 1867/ 17233 Vashon Hwy SW
Vashon Island, WA 98070


Phone: 206-463-9148
Fax: 206-463-2231
Email: vashon@windermere.com
Website: www.windermerevashon.com


Linda Bianchi
Richard Bianchi
Heather Brynn
Sue Carette
Vashon Coordinator
JR Crawford
Connie Cunningham
Cheryl Dalton
Nancy Davidson
Beth de Groen
John de Groen
Sophia de Groen Stendahl
Jeremy Dekoker
Rose Edgecombe
Lisa Fiano
Paul Helsby
Julie Hempton
Denise Katz
Windermere Office
Kathleen Rindge
Sarah Sullivan
Salli Swift
Deborah Teagardin


Windermere Walla Walla


Office Address:
Windermere Real Estate/Walla Walla
202 South First Avenue
Walla Walla, WA 99362


Phone: 509-525-2151
Fax: 509-529-2717
Email: wallawalla@windermere.com
Website: www.windermerewallawalla.com


Arda Blevins
Lynne Chamberlain
Debbie Clark
Jack Conley
Internet Coordinator
Jayne DiDario
Michelle Dunham
Sam Galano
Les Griffith
Jackie Howard
Erika Ingersoll
Christina Kennell
Jose Martinez
Christine Matteson
Mike McClure
Joshua Morris
Diane Pease
James D Pease
Sam Ramos
Judy Schlicher
Rebecca Selph
Doug Simcock
Tom Stokes
Toby Swank
Melissa Tetz
Doug Versteeg
Rosalie Wheeler
Todd Wright
Dana Yarwood


Windermere Wenatchee


Office Address:
Windermere Real Estate/NCW
1625 N. Wenatchee Avenue
Wenatchee, WA 98801-1158


Phone: 509 662-7184
Fax: 509 662-2656
Email: wenatchee@windermere.com
Website: www.windermerewenatchee.com


Russ Andrews
Jody Campbell
Iris Cole
Kathy Emerick
Geoff Ford
Wendy Fries
Margo Hetterle
Claudia Hildahl
Steve Hildahl
Julie Jessup
Christie Kay
Cliff Larson
Becky Long
Ruth Macias
Wenatchee Office
Kele Osborn
Jerry Paine
Momi Palmieri
Geordie Romer
Vera H. Salas
Cindy & Tim Seyster
Jolly Ann Seyster
Tim & Cindy Seyster
Jacqueline SwinDell-Hurst
Mary Tabler
Sharon Ventrello
Jamie L. Wallace
Allyson Zacharko Romer


Windermere Westport


Office Address:
Windermere Real Estate/Westport, Inc.
2601 Westhaven Drive, P.O. Box 2369
Westport, WA 98595


Phone: 360-268-1234 or 800-377-0787
Fax: 360-268-0375
Email: westport@windermere.com
Website: www.windermerewestport.com


Tim Anderson
Lorraine Christensen
Mike Coverdale
Mike Coverdale - Commercial
Jennifer Custer
Steven F. Isaacson
Carol Minor
Donnell Shelton
Kevin Todd
Windermere Westport


Windermere Whidbey Island- Coupeville


Office Address:
Windermere Real Estate/Whidbey Island
P.O. Box 610, 5 South Main St.
Coupeville, WA 98239


Phone: (360) 678-5858
Fax: (360) 678-6743
Email: centerisle@windermere.com
Website: www.windermerewhidbey.com


Ron Bodamer
Bruce Bryson
Mary Bryson
John Carr
Al Chochon
Marilyn Clay
Irene Echenique
John Harris
Pamela Hill
Carmen McFadyen
Clay Miller
Aleshia Mitten
Eric Mitten
Coupeville Office
Jennifer Roberts
Rebecca Robinson
Margaret Wing-Tassano
Jennifer Wynn


Windermere Whidbey Island- Freeland


Office Address:
Windermere Real Estate/South Whidbey
5531 Freeland Avenue
Freeland, WA 98249


Phone: 360/331-6006
Fax: 360/331-7252
Email: whidbey@windermere.com
Website: www.windermerewhidbey.com


Bernadette Aguiar-Johnson
Julie Bean
Linda L. Beeman
Dana Bieber
Sharon Boyle
Colin Campbell
Linda Casale
Peter Casale
Laura Cinvinskas
Internet Coordinator
Jennifer Cox
Lori Ferrario
Amber Fouts
Daniel Fouts
Amy Godsey
Lyn Gray
Carol Hanson
Marlane Harrington
Libby Hayward
Jenny Hooper
Whidbey Info
Tom Jensen
Jason K Joiner
Gail Klebold
Jody LaBissoniere
Kevin Lee
Sharley Lewis
Bryan McCourt
Barbara Mearing
Susan Morgan
Joseph P. Mosolino
Ann Muniz

Freeland Office
Diana Parker
Sw Pending
Jim Short
Sandra Stipe
Colleen Winslow


Windermere Whidbey Island- Langley


Office Address:
Windermere Real Estate/South Whidbey
223 Second Street ~ P.O. Box 1068
Langley, WA 98260


Phone: 360/221-8898
Fax: 360/221-8878
Email: whidbey@windermere.com
Website: www.windermerewhidbey.com


Langley Coordinator
Bruce Enter
Barbara Golub
John D. Joynt
Nicholas Lynch
Mary Matthew
Shellie Moore
Joseph P. Mosolino

Langley Office
Nancy Rowan
Steve Strehlau


Windermere Whidbey Island- Oak Harbor


Office Address:
Windermere Real Estate/Whidbey Island
32785 SR 20, Suite 4
Oak Harbor, WA 98277


Lila Barker
Susan Bourlet
Annie Cash
Karen Cox
Heather Czlapinski
Linda Earnhart
Cheri English
Marissa Evans
Kristi Jensen
Terry Karsh
Thomas Kier
Julie Kinnaird
Sarah Kline
Sarah Konopik
Karen Lesetmoe
Cheryl Lueder
Erik Mann
Joseph Michael Marvin
Elaine McDowell
Jason McFadyen
Jennifer McGlothlin
Craig McKenzie
Bob McNeill
Debbie Merritt
Aleshia Mitten
Eric Mitten
Oak Harbor Office
Windermere Whidbey Property
Diana Rasmussen, Admin
Teresa Reynolds
Scott Seeley

Kristen Stavros
David Stuart
Michael Tenore
Terry Reynolds & Tom Kier
Erik Treftz
Tina Wieldraayer
Jacki Wyatt
Judith Zapanta-Borras


Windermere Franchise


Office Address:
Windermere Franchise
5424 Sand Point Way NE
Seattle, WA 98105


Phone: 206-527-3801
Fax: 206-527-3801
Email: franchise@windermere.com


Office Admin
Francis Franchise
Stephen Lloyd


Windermere Windermere Solutions


Office Address:
Windermere Solutions LLC
815 Western Ave
Seattle, WA 98104


Phone: 206-695-5959
Email: info@windermeresolutions.com
Website: www.windermeresolutions.com


Georgia Admin
Joe Q. Agent
Daniel Bailey
York Baur
Joshua Bentley
Randy Bruhl
Ben Cearlock
Josh Christenson
Jeff DeMelle
Tori Dotson
Galen Emery
Jillian Igarashi
OB Jacobi
Regina Kelley
Theo Lankford
Dawn McLellan
Luke Mongomery
Sarah Morrow
Marissa Myers
Rachel Nickinovich
Solutions Ops
Nick Pollock
Paul A. Quinn
Appstore Review
Kylah Searing
Jim Smoak
Jim Smoak
Elaine Stephens
Kelly Taylor
Kelly Taylor
Kelly Taylor
Password Test

Rackspace Test
Windermere Training
Kate Wickersham


Windermere Woodinville


Office Address:
Windermere Real Estate/HLC
13901 NE 175th Street Suite 100
Woodinville, WA 98072


Phone: 425-483-5100
Fax: 425-486-7165
Email: woodinville@windermere.com
Website: windermerewoodinville.com


Test Agent
Jennifer Beeler
Tom Berg
Michelle Blue
Nicole Bosko
Kathy Brown
Will Bruce
Sandra Cameron
Woodinville Email
Ashley Farrington
Charusheela Ghadge
Maureen A. Goodlund
Rhonda Greer
Rick Grimes
Leif Herrington
Sharon Hyde
Nicole Ji
Carl King
Gary King
Andrew Koeppen
Steve Laccinole
Leslie Lee
Ann Luce-Bruce
Mallory Luemmen
Alice MacMurdo
Jen Moore
Gail Murchison
Teresa K. Nelson
Bruce Rawlinson
Bonnie Reddick
Bruce Sellers
Beth Shephard

Jorge Silva
Jill Sjolin
Michelle Sullivan
Scott Taylor
Susan M. Webster
Cydny Wells
Keith Wells
Windermere Woodinville
Aaron Zehm
Aaron & Karen Zehm
Karen Zehm


Windermere Yakima


Office Address:
Windermere Real Estate/Yakima
4002 Englewood Ave
Yakima, WA 98908


Phone: 509-965-6655
Fax: 509-574-8973
Email: yakima@windermere.com
Website: www.windermereyakima.com


Freba Afzali
Sam Alvarez
Gary Bailey
Sharri Bailey
Jaime Bocek
Harry Collier
Holly Cousens
Cheri Daniels
Josh DeBoer
Dustin Dirks
Alex Haro
Christina Hoover
JoAnn Houfek
Sally Kobli
Cami Leonard-Corbin
Daina Moore
Jeffery Rincker
Susan Riordan
Karen Robel
Melissa Shea
Wendy Snipes-Heit
Kathy Stevens
Tom Trepanier
Windermere Yakima


Windermere Yelm


Office Address:
Windermere Real Estate/Yelm
PO Box 1257/ 709 Yelm Ave.East
Yelm, WA 98597


Phone: 360/458-3855
Fax: 360/458-1806
Email: yelm@windermere.com
Website: www.windermereyelm.com


Jody Clifford
Lida Cozzetti
Catie Crane
Stephanie Crone
Chuck Galambos
Christy Gerrish
Steve Gilling
John Graver
Terry Kaminski
Kelly Kempinski
Cheryl Nevils
Roger Rieke
Linda Roberson
Rose Shepherd
Rick Simpson
Susan Thompson
Francine Waters
Sheryl William

Windermere Phoenix

Office Address:
Windermere Real Estate Northern Arizona
2375 East Camelback Road Suite 600
Phoenix, AZ 85016

Phone: (602) 730-5368
Fax: (928) 541-4109

Office Coordinator
Kent Morrison, Realtor, Associate Broker

Windermere Prescott

Office Address:
Windermere Real Estate Northern Arizona
914 E. Gurley St.
Prescott, AZ 86301

Phone: 928-776-1166
Fax: 928-541-4109

Diana Allen
Dyan Allmon
Lisa Amore
Tim Anderson
Gretchen Blankenship
Bruce Chadderdon
Harry Chandler
Nancy Christopherson
Eve Connolly
Sam Dumas
Suzanne Duskey
Sue Feltmann
Scott Gebhardt
Vilma Graller
Colleen Greco
Holly Hankinson
Cheri Henderson
Ann Howell
Ed Hume
Valarie Isley
Sandra Jo Jackson
Cathy Kamper
Janis Keeling
Karen Klabacha
Jeff Lewis
Len McGee
Andrea McIntyre
Jeff McIntyre
Robin McManus
Kat Mentken
Ed Pattermann
John Pettit

Deanna Poppenberger
Kathi Rafters
Susan Roos
Joe Rowitsch
Customer Service
Customer Service
Diane Sowinski
Brenda Steelman
Heather Stephanoff
Sue Stratford
Kim Tate
Petra Thull-Webster
Valorie Toth
Nancy Twynham
Carole Vandersteeg

Windermere Prescott Valley

Office Address:
Windermere Real Estate Northern Arizona
8088 E. State Highway 69
Prescott Valley, AZ 86314

Phone: (928) 759-2299
Fax: (928) 541-4109

Lori-Beth Anglin
John Black
Jim Budd
Connie Decker
Kathleen McKinnon
Tonya Merritt
Barbara Owen
Warner Owen
Dave Paulin
Chuck Ray
Alex Stritmatter
Craig Tissot
Nancy Twynham

Windermere Scottsdale

Office Address:
Windermere Real Estate Northern Arizona
17470 North Pacesetter Way
Scottsdale, AZ 85255

Phone: (480) 403-1803
Fax: (928) 541-4372

Internet Coordinator
Dana Grant
Evelyn Logosso
Tom Nelson
Stephanie Robertson

Windermere Kahului-Maui

Office Address:
Windermere Valley Isle Properties
151 East Wakea Avenue, #204
Kahului, HI 96732

Phone: (808) 872-2462
Fax: (808) 872-2461

Email: MauiInfo@windermere.com

Jonathon A. Olson, R®(B)
James Kimo Apana, R(S)
Gene Awakuni
Judy Boyd, R(S)
Jaimie Brown, R(S)
Laura Constantine-Porta
Ena Fabella
Wayne Greene, R(S)
Marion Haller, R(B)
Renee Kaiama
Jean Keating, R(S)
Howard Kihune Jr, R(S)
Lisa A. Mascaro
Miles M. Matsui, R(S)
Valley Isle Properties - Central
Jeanice T. Santiago, R(S)
Raquel Tagorda
Leslie-Ann Yokouchi, R(B)

Windermere Kona-Big Island

Office Address:
Windermere / C and H Properties
75-5919 Walua Road
Kailua-Kona, HI 96740

Phone: (808) 329-2601
Fax: (808) 329-0551
Email: Kona@Windermere.com

Dayna V. Apilado
Kenneth Apilado
Lisa Barry
Andee P. Bemrose
Paul Blessington
Scott Bosshardt
Lizanne Caravalho
Julie Ching
Jeannie Chung
Internet Coordinator
Ceri Copeland
Chuck DeLeonardis
Carole A. Fisher
Jean M. Gray
Karen E. Gremp
Lori A. Henbest
Chadwick Knowles
Kylie Knowles
Maider Knowles
Penny Knowles
Shannon Knowles
Susan J. Miedema
Kona Office
Martin M. Ohan
Lori N. Owens
Alisa Pendergast
Lowrey S. Power
Tanya T. Power
Beth A. Richardson
Kevin B. Shiraki
Puakoa Taga
Monica M. Tavares

Antonita C.P. Villa
Julie Wettstein
Linda Whitney
Cindy A. Wild
June B. Woodson
Dennis Yates

Windermere Paia-Maui

Office Address:
Windermere Valley Isle Properties
98 Hana Highway, PO Box 791876
Paia, HI 96779

Phone: (808) 579-8411
Fax: (808) 579-8543
Email: MauiInfo@windermere.com

Karla A. Aguera, R(S)
Joseph Agent
Susan Anton, R(S)
Cherie A. Attix R(S)
Alan C. Bolton, R(S)
Chana Boone, R(S)
Geoffrey J. Cook, R(S)
Angela Eslis Gonza'lez Troxel, R(S)
Debbie Guimond, R(S)
John Harrisson, R(S)
Lauren Hogan, R(S)
Mari Ippolito, R(S)
Elena Jones, R(S)
Randy S. Keller, R(S)
Michael Douglas Kerwin, R(S)
Pupule Kirkhill, R(S)
Cheryl Kong
Edward Kowalski, R(S)
Sherry L. Llanes, R(B)
Joan M. Padgett, R(S)
Yvienne Peterson, R(S)
Virginia Pierce, R(S)
Windermere Valley Isle Properties - Paia
Andrea Riecke, R(S)
Skye M. Schultz, R(S)
Maureen Spence, R(S)
Michelle Valentin
Carrie L. Wheatley, R(S)

Windermere Wailea-Maui

Office Address:
Windermere Valley Isle Properties
Shops at Wailea 3750 Wailea Alanui Drive, #22EW
Wailea, HI 96753

Phone: (808) 875-9930
Fax: (808) 875-9931
Email: MauiInfo@windermere.com

Windermere Valley Isle Properties - Wailea

Windermere Waimea-Big Island

Office Address:
Windermere/ C and H Properties
65-1227 A Opelo Road, Suite 1
Kamuela, HI 96743

Phone: (808) 885-6044
Fax: (808) 885-5488
Email: Waimea@Windermere.com

Charito Balaam
John N. Balaam
Harold J. Clarke
Joshua P. Conklen
Internet Coordinator
Ceci M.K. Davenport
Danica E. Failing
Glenn R. Harris
Guy R. LaGuire
Craig T. Paulter
J. Rex Pippin
Ren Sanford
Sharon G. Solmssen












(1) Former Windermere Real Estate Bay Area, Berkeley, CA, office has become a Keller Williams Realty office.

(2, 3, 4 and 5) Former Windermere Real Estate Welcome Home, with locations in Castro Valley, Livermore, Pleasanton, and San Ramon, CA, have all become Prudential Real Estate Affiliates.

(6) Former proprietor of Windermere Silicon Valley Properties, Mountain View, CA, has moved to The Sereno Group.

(7) Windermere North State Properties, Redding, CA, has gone out of business.

(8 and 9) Former Windermere Dunnigan Realtors of Sacramento, CA, with locations in American River and Land Park has become Dunnigan Realtors.

(10 and 11) Former Windermere Pacific Coast Properties, CA, with locations in La Mesa and San Diego have joined the Sotheby’s International Realty Network.

(12) Former Windermere Property Professionals of Tracy, CA, have become RE/MAX Property Professionals.

(13) Former Windermere Placer County Properties of Auburn, CA, has become Gold Country Realty.

(14 and 15) The former Carlsbad Village Windermere Exclusive Properties has become Real Living Lifestyles Carlsbad Village; and the former Carlsbad Village Faire Windermere Exclusive Properties has become Real Living Lifestyles Carsbad Faire.

(16) Former Windermere Exclusive Properties Escondido has become Real Living Lifestyles Real Estate, Escondido.

(17) Former Windermere Exclusive Properties La Costa / Encinitas has become Real Living Lifestyles La Costa / Encinitas Real Estate.

(18) Former Windermere Exclusive Properties Rancho Bernardo has become Real Living Lifestyles Rancho Bernardo Real Estate.

(19) The former Windermere Exclusive Properties Rancho Santa Fe has become Real Living Lifestyles Rancho Santa Fe / Fairbanks Ranch Real Estate.

(20) Former Windermere Exclusive Properties San Diego — Carmel Valley / La Jolla has become Real Living Lifestyles Carmel Valley Real Estate.

(21) The former Windermere Exclusive Properties Solana Beach has become Real Living Lifestyles Solana Beach Real Estate.

(22) Internet predator and former Windermere Preferred Living of Brea, California, has gone out of business.

(23) Former Windermere Signature Properties of downtown San Diego, California, has dropped the Windermere brand and is now operating as Pacific Sotheby's International Realty.

(24) Former Windermere Yucca Valley, CA, has dropped the Windermere brand and is now Realty Professionals.


RE/MAX Files Registration Statement for Proposed Initial Public Offering: (Denver, CO) – RE/MAX, one of the world’s leading franchisors of real estate brokerage services, today announced that it has publicly filed a registration statement on Form S-1 with the U.S. Securities and Exchange Commission relating to a proposed initial public offering of its common stock. MORE HERE

Windermere Real Estate Aberdeen, Washington, changes ownership to Travis and Jill Jelovich. CLICK HERE FOR DETAILS






Heather Adkinson and Barry Lawson (at left, respectively) take over as co-owners of Windermere Real Estate K-2 Realty. “We are excited to start this new chapter with Windermere,” comments Adkinson..." and “Our team is ready to share exceptional service, commitment to excellence, and high integrity with our community” notes Lawson."

Windermere Real Estate K-2 Realty is located at 2900 W Broadway, Moses Lake, WA, and currently houses 15 agents: April Adams, Heather Adkinson, Sierra Becken, Walt Bumgarner, Jane Doe, Sandy Eslick, Lisa Garmon, Lynn Garza, Tammy Garza, Lisa Hanley, Norman & Lisa Hanley, Jay Kincaid, Lois Kincaid, Ralph Kincaid, Barry Lawson, Susan McMillan, Vivian Richard, Denise Varney, Pat Wold. GET MORE INFO and THE GRANT COUNTY, WASHINGTON, WINDERMERE K2 LAWSUIT LISTINGS HERE.





What everyone who is currently doing business with Windermere Real Estate—or what anyone who is CONSIDERING doing business with Windermere Real Estate—should know about this predatory and consumer-abusive company:

In most cases, your home is the single biggest and most important investment you will ever make. Your ability to afford a home, and your home itself, are at the core of your happiness and human survival. If you can, just imagine for a moment what it would mean to lose your home; or what it would mean to lose the financial resources you’ve toiled so hard to earn—that allow you to own a home. This website is about the many individuals who have actually lost their homes or financial resources—or both—because they had the misfortune to deal with public predator Windermere Real Estate. And the cases presented here are only the ones we KNOW about—we’re finding more all the time. Please consider this next information VERY carefully, for how diligently you consider it may determine if you are willing to risk losing EVERYTHING you have ever worked for, including your home itself.

There are plenty of deceitful Realtors out there, Realtors who are willing to ruin your whole life just to make a buck. Have you ever thought about what might happen if something goes wrong with your home transaction? Most of the national brand real estate companies have policies in place to address agent or broker misconduct, but not Windermere Real Estate—it’s privately held by a single family, with no stockholders.

After all, your home is not a shirt from Macy’s you can return under a well-mandated return policy. It’s true that most home sales and purchases go smoothly, but have you ever asked yourself… “Who will be responsible if I end up with a crooked real estate agent who lies, or who doesn’t disclose something awful they know about the property I’m buying? Who will be responsible if I’m dealing with some agent who’s running a financial scam they’re not revealing? Who will be responsible if my agent is in cahoots with a dishonest seller, or is conspiring with an inspector who looks the other way at serious problems so the agent will recommend him again?”

The answer is, in most cases, it’s the franchise owner and/or the broker to whom the agent is licensed, that is responsible for agent malfeasance. And nobody would be willing to buy a Windermere franchise, or be a Windermere broker, if they’d actually end up being legally responsible for all the damage a dishonest Realtor will cause, because that damage is not done to a simple shirt from Macy’s that you can return: THAT DAMAGE IS DONE TO SOME INNOCENT AND UNSUSPECTING HUMAN BEING’S HOME, LIFE and FINANCIAL FUTURE.

If you're a buyer and some variety of agent misconduct has occurred, the subject property may not be habitable for various reasons, which will turn your life upside down, fast. There’s enormous money and emotional distress at stake. And there will be lawyers, lots of lawyers. Windermere Real Estate employs and profits on so many corrupt franchise owners, brokers and agents, that it maintains its own fulltime, in-house legal services, the Demco Law Firm. If you think for one moment that when your Windermere home deal goes bad, your Windermere broker or franchise owner is going to run over, apologize, and ask what they can do to help you, you’ve got another, very serious think coming. When your Windermere agent crosses over the Realtor code of ethics line, YOU AND YOUR HOME BECOME THE ENEMY.

That broker and/or franchise owner are legally on-the-hook for their agent’s misconduct, and the Windermere Legal War Machine will come down on you like a supersonic ton of bricks. If Windermere did not provide its franchise clients such hardcore legal resources, nobody would even BE a Windermere broker or franchise owner—the exposure is too great. And make no mistake, Windermere will do nothing—and spend nothing—to settle your problem amicably, no matter what indecency the agent or broker has committed. Windermere will force you to sue. Windermere's much-ballyhooed and heavily promoted commitment to "The highest ethical standards. Uncompromising honesty and integrity," is nothing but a marketing lie designed to induce business volume.

Windermere's Demco Law Firm is so unethical, so deceitful and intimidating, that it’s famous in law circles. Its lead attorney, Matthew F. Davis, is renown for his dishonesty, dubious legal tactics, lack of decency and disrespect for the rules of professional conduct. He will do absolutely anything to win—without regard for truth or justice. He will lie to courts and opposing parties. He will file fallacious and erroneous documents with the court. He will email opposing parties telling them not to hire a lawyer when he has just served them a lawsuit. He will call a judge's chambers and request more time without informing the opposing party. He will file orders for a bench trial when he knows a jury trial has been demanded and paid for. He will trick, stall, coerce, menace and threaten. He will invent and extend costly, mendacious Windermere litigation and abuse the legal process for no other reason than to exhaust an opponent’s pocketbook. If he can, he will get YOUR attorney to quit—a favorite tactic.

Windermere, Davis and Demco Law will push a $5 cat poop case all the way to the state supreme court, just to avoid paying damages, because it’s all in the Windermere operating budget—while your legal expenses will be coming out of your savings, retirement account, home equity or credit cards, if you even have those resources. And in the end, Windermere/Davis/Demco will try to coerce silence about your bad Windermere experience by forcing you into signing a legal "settlement" agreement that terminates your speech rights, so you can't ever tell anybody or inform the public about your Windermere debacle. When you sign, they'll let you out of the bogus lawsuit.

Don't be fooled when your particular local Windermere office says "Oh... OUR Windermere franchise doesn't work that way." Every Windermere franchise in every state pays a portion of every commission to franchise policy-maker Windermere Services Company, and its legal war chest. If you are dealing with Windermere Real Estate, you are unwittingly being duped into funding Windermere's financial genocide against other damaged Windermere customers.

If anything does indeed go wrong with your Windermere home transaction—like it has for so many—you may never recover. When these profoundly devastating problems occur, the resulting irreversible human toll of precious time, money and brutal emotional distress will forever ruin your life and future. If you are considering doing business with Windermere Real Estate, think VERY carefully about doing so.





Franchiser Windermere Services Company prevailed in a motion in which it has admitted that it is in tradename privity with its Windermere network owner franchisees. (Access the motion here)

Are you suing or litigating against Windermere Real Estate? Are you the victim of a dishonest Windermere agent, broker, or franchise owner who is forcing you to sue to recover honest damages? Franchiser Windermere Services Company has prevailed in a motion in which it has admitted that it is in tradename privity with its franchisees, which may allow you to add  Windermere Services and/or the entire Windermere Real Estate Network of franchise owners to your complaint. Ask your lawyer. Read what follows here, then print out Windermere’s Motion for Partial Summary Judgment and take it to your legal counsel, or send your legal counsel the link to this story.

In King County Superior Court case number 05-2-34433 SEA, to dispose of a defendant’s counterclaims in their  defamation and trade libel lawsuit of intimidation brought against a buyer who publicized Windermere lies and its refusal to honor its public commitment to the “highest ethical standards, uncompromising honesty and integrity,” franchiser Windermere Services Company and franchisee broker Windermere Real Estate/Northeast—and their lawyer, Matthew Davis of Demco Law Firm—argued in a motion for partial summary judgment that “It is true that Windermere Services Company was not itself a party to the first lawsuit, but as the owner of the Windermere tradename, it is in privity with Windermere Real Estate/Northeast.”

Black’s Law Dictionary defines privity as:

privity (priv-e-tee) 1. The connection or relationship between two parties, each having a legally recognized interest in the same subject matter (such as a transaction, proceeding, or piece of property); mutuality of interest <privity of contract>

The court agreed with Windermere’s argument and granted its motion. But when it was clear Windermere would face a jury, it voluntarily dismissed its own lawsuit under CR 41, after first pressuring the defendant without success to be silent and sign away his protected speech rights.

While this writer is not an attorney or legal expert, and this news coverage is not intended in any way to be legal advice, it has been noted that privity works both ways, and suggested that the court’s ruling on Windermere tradename privity could be interpreted or construed to mean that Windermere Services Company shares automatic mutual liability for any harmful act or violation of law committed by any Windermere franchisee broker, because the parties share the same tradename; and/or that ALL Windermere Network franchisee brokers share automatic mutual liability for ANY OTHER Windermere Network franchisee broker’s harmful act or violation of law, through sharing the same tradename. When you are damaged by any Windermere broker or agent, the entire Windermere Network may now be mutually liable.





Smart Consumer SideBar:


Courtesy of www.FinCEN.gov
Download this important info here.




As WindermereWatch proves, there are many Windermere victims—more all the time—and when those victims use the media to complain and warn others, franchiser Windermere Services Company and local franchise owners sue them for libel and defamation through specious lawsuits that are intended to intimidate and silence. Read one of the phony lawsuits here.

Then Windermere tries to coerce victims into signing a “dark clause settlement agreement” that permanently terminates their speech rights.

In the Mark and Carol DeCoursey case dark clause, Windermere even tried to dictate what the DeCourseys could say to other individuals in simple conversation: "The DeCourseys agree that they shall not communicate with any person about their dispute with Windermere unless asked, and if asked, will only state that they have resolved their claim to their satisfaction." Read the DeCoursey Case Dark Clause here.

And in another of its dark clauses, Windermere required "...that he will cease all efforts of any kind (c) to publicly state opinions or beliefs about Windermere Real Estate." Read that Dark Clause here.

This predatory legal tactic is known as abuse of process or malicious prosecution. When a victim refuses to sign, Windermere runs away and voluntarily dismisses its own lawsuit under Civil Rule 41—just before trial, after costing the victim years of distress and yet thousands more to defend against the false action.

In one example, franchisor Windermere Services Company served an outspoken victim a fallacious lawsuit for libel and defamation, and then immediately sent them an email instructing that they "...need not hire an attorney," and further stating, “…we will try to resolve this directly and outside the legal system." Incredibly, Windermere implements both the aggression and arrogance to overtly and unabashedly order that a damaged customer it has falsely sued be unrepresented by counsel and resolve their dispute outside the very same legal system in which Windermere has brought suit against them.

In this day and age it all sounds so inconceivably Orwellian—but it's true.

Windermere Bozeman

Office Address:
Windermere Bozeman
2407 W. Main St., Suite 102
Bozeman, MT 59718

Phone: (406) 587-0990
Fax: (406) 587-9332

Windermere Bozeman
Scott Krushensky
Tina Regnani
Kate Reid
Richard Reid
Bryce Sullivan

Windermere Hamilton

Windermere Real Estate/Hamilton
1920 North 1st Street
Hamilton, MT 59840

Phone: (406) 363-3222
Fax: (406) 363-3511

John Brauer
Travis Martinez
Hamilton Office
Bob Pauley

Windermere Helena

Office Address:
Windermere Real Estate-Helena
62 N. Last Chance Gulch
Helena, MT 59601

Phone: 406-442-1578
Fax: 406-495-1578

Josh Ahmann
Rick Ahmann
Mary Ahmann-Hibbard
Cassie De Yong
Flannery Harpole
Windermere Helena
Gerald LaChere
Keith McCallum
Stacy McGill
Jack Mountain
Jessica Rubino
Kevin Schwartz
JoAnn Skipper
Debbie Starr
David Torgerson

Windermere Ronan

Office Address:
Windermere Real Estate/Ronan, Inc
63506 US Highway 93 (P O Box 489)
Ronan, MT 59864

Phone: 406-676-3443
Fax: 406-676-3444

Internet Coordinator
Curt Rosman
Janette Rosman
Janette M Rosman

Windermere Whitefish

Windermere Real Estate/Whitefish
713 East 13th Street
Whitefish, MT 59937

Phone: 406/862-2333
Fax: 406/862-4055

Erran Bradley
Barbara Funk
Bonnie Hannigan
Kimberly Hebert
John Hotzfield
Vernon Kiser
Alice LaBrie
Kenyon Mathison
Mike Muldown
David Oberlitner
Scott Ping
Rob Stevens
Richard Thomas
Windermere Real Estate Whitefish
David Whitehead
Sandy Zielke

Windermere Henderson-Anthem Hills

Office Address:
Windermere Anthem Hills LLC
12231 S. Eastern Ave., Suite 150
Henderson, NV 89052

Phone: (702) 212-1900
Fax: (702) 212-1901

Price Admin
Teresa Bacon
Bill Bell
Cookie Benson
Jason Burdett
Internet Coordinator
Lorrie Cruz
Alton Davis
Kristin Dittman
Mark Dittman
Phillip Dwyer
Rene Escontrias
Marcy Farris
Francine Fields
Diane Grinn
Linda Hicks
Shirley Kloberdans
Don and Sharon Knight
Dale Leccacorvi
Anna-Marie Marshall
Margaret Nolen
Di Redman
Tami Richardson
Susan Sippel
Samantha Smith
Patricia Spann
Robert Stein
John Stoll
Stan Szczepanski
Jerry Theo
Rick Tran
Cathy Walters

Jean Wicklund
Chris Wolfgram

Windermere Lake Las Vegas

Office Address:
Windermere Prestige Properties
20 Via Bel Canto, Suite 120
Henderson, NV 89011

Phone: (702) 558-3664
Fax: (702) 726-5426

Barbara Barnett
Vicky L. Crichton
Joseph Denofrio
Tammie F Harris
Ilda Long
Sharla Scharpnick
Reba St. Clair
Lake Las Vegas Office Coordinator

Windermere Las Vegas- Henderson

Office Address:
Windermere Prestige Properties
2200 Paseo Verde Pkwy., Suite #160
Henderson, NV 89052

Phone: 702-432-4600
Fax: 702-432-6664

Gilma Andersen
Nancy Archambault
Escrow Assistant
Joanne Bartha
Brooke Brown
Stephen Carns
Sandi Castor
Escrow Coordinator
Cory DeNuccio
Darlene Dipo
Gail Dossman Tolliver
Robin Ellen Dzvonick
Edwin Enrile
Steven D. Esparza
Deborah Eyth
Nicholas J. Feduska, M.D.
Larry Giese
Ed Haendel
Ann Hartman
Beth Heilman
Rebecca Hoag
Lynn Holberg
Jenny Hwang
Administrator IC
Keli James
Patrick Korth
Ken Kunke
Katie L. Larson
Lark Lowry
Cynthia Luna
Keith Lynam
Shyla Magee

Audrey Masson
Brett Matthews
Marti R. Matthews
Norma Matthews
Christine McNaught
Michele Melnick
Stephanie Mitchell
Cathy Mollet
Helene Moore
Kia Murphy
Susan Murphy
Sheri Myers
Beth Naef
Anela Olsen
Michael Osborn
Brian Pascetti
Windermere Prestige
Prestige Properties
Carlos Pujadas
Fariba Raouf
Tamara Reynolds
Anthony Rodriguez
Ruth Roth
Bill Runyan
Deirdra Sanchez
Steven Schultz
Glenn Scoggins
Judi Serlin
Scan Service
Deb Shields
Deb Shields
Deb Shields
Sarah Skinner
Karen St John
Shelly Stewart
Jennifer Stuart
Kent Symons
Jami Teer-Murphy
Ouida Thomas
Irma Torkzadeh
Rocco Tucker
Diane Turner
John Tuvell
Celestina Vergara
Robin Verley

Robin Verley
Debbie Vuksich
Sherry Washington
Sandy Williams
Brian Yates
Dennis Yates
Isaac Yates
Robyn Yates
Jeanette & John Zimmer


Windermere Las Vegas- Summerlin


Office Address:
Windermere Excellence
410 South Rampart, Suite 390
Las Vegas, NV 89145


Phone: 702-325-2201
Fax: 702-726-5540


Daniel Bangs
Office Coordinator
Assistant Glickman
Cynthia L. Glickman, PhD


Windermere Services Nevada


Office Address:
Windermere Services Nevada
2200 Paseo Verde Parkway, Suite 160
Henderson, NV 89052


Phone: 702-432-4600
Fax: 702-432-6664


Admin Receptionist
Deb Shields
Dennis Yates
Robyn Yates

Windermere Coalville

Office Address:
Windermere Real Estate-Utah
12 South Main Street
Coalville, UT 84017

Phone: 435-336-0500
Fax: (435) 645-9797

Coalville Admin
Dick Butler
Internet Coordinator
Patty Horie
Grady Kohler
Don Sargent

Windermere Park City

Office Address:
Windermere Real Estate-Utah
1881 Prospector Ave., Suite 200
Park City, UT 84060

Phone: (435) 645-9090
Fax: (435) 645-9797

Wayne Bulkley
Amanda Davis
Bob Donaldson
Bonnie Higham
Grady Kohler
JP Larkin
Deborah Leigh
David Medina
Mitzy Medina
Adam Opalek
Nicolle Solden
Office Staff
Bob Stobaugh

Windermere Park City-Kimball Junction

Office Address:
Windermere Real Estate-Utah
900 Bitner Road
Park City, UT 84098

Phone: 435-645-9090
Fax: 435-645-9797

Office Administrator
Grady Kohler

Windermere Salt Lake City- Union Park

Office Address:
Windermere Real Estate – Utah
6955 South Union Park Center, Suite 500
Cottonwood Heights, UT 84047

Phone: 801-449-9400
Fax: 801-449-9401

Jay & Connie Elliott
Jon & Jeanette Davis
Dione Anderson
Jeff Blodgett
Cody Chamberlain
Mike Chance
Amber Crews
Debbie Dahmen (TEAM DIPO)
Lisa Dimond
Darlene Dipo (TEAM DIPO)
Jamie Duncan Plott
Holly Elliott
Robyn Foulger
Todd Henderson
John Hiller
Lisa Jungemann
Grady Kohler
Mindy Mason
Sylvia Metos
Staci Mihalopoulos
Shauna Pizza
James Reed
Connie Roller
Cathy Sneyd
Greg Sneyd
Matt Sneyd
Office Staff
Cheryl Staley
Scott Steadman
Ben Thorn
George Tratiak
Hunter Virden

Amy Walkowski
Cindy White
Trevor Williams
Christine Wilson

Windermere Salt Lake City-Foothill

Office Address:
Windermere Real Estate-Utah
2348 South Foothill Drive
Salt Lake City, UT 84109

Phone: 801-485-3151
Fax: 801-485-3152

Lana Ames
Lori Anderson
Michael Budge
Peter Clark
Sandra Clark
Cori Clay
Ron Erkson
Ryan Evans
Stephen Gilbert
Kevin Hart
Eddie Hartman
Lori Hendry
Jonah Hornsby
Kent Ingram
Shirley Jacobson
Wesley Jarman
Marvin Jensen
Grady Kohler
Kirk Laser
Jon Little
Adam Maack
Krista Maack
Cherie Major
Trish Martinez
Tyler Parrish
John Patterson
Mark Quaintance
Patrick Quinn
Chad Rawlins
Andrew Stone
Katie Stone
Bryan Taylor

Becca Tew
Janet Tudor
Windermere Utah
Vanessa Wand Corbin
Lisa Woodbury




"We are committed to: The highest ethical standards. Uncompromising honesty and integrity." —The Windermere Mission Statement "In the real estate business somebody's word is very important. If you say you're going to do something, you've got to do it." —Windermere CEO Geoff Wood's Public Affirmation






Aberdeen Windermere Real Estate Under New Ownership

The Aberdeen Windermere Real Estate office has new owners.

Previous owner Tom Quigg who started the office in 1991announced that he is selling the Aberdeen realty brokerage operation to Travis and Jill Jelovich. Quigg will stay at the office during a transition period, while the staff will remain under the new ownership. The office staff and brokers will continue doing business without any changes to routine. The only significant change will be in the owners and a name change to “Windermere Real Estate Aberdeen”.

Quigg will remain with Windermere, and his ownership of the Ocean Shores office. Quigg is quoted as saying, “I love being in the business and am looking forward to continuing to be actively involved in real estate”. In addition he said, “I’m not retiring, this gives me the ability to transition out of management, while remaining active in listing and sales”.

The new owners are both Aberdeen residents. Travis Jelovich stated in a press release, “We have hoped for some time to re-establish our Harbor roots, and this will provide us with that possibility.”

New ownership will commence on May 31.





Grays Harbor County, Washington, Windermere Cases:


Case No.         Party                                   File Date  Participant/Cause of Action


06-2-00242-0  Windermere Prpty Mgmt   03-02-06 Plaintiff/Transcript of Judgment

93-2-00306-1  Windermere Real Estate   03-12-93 Plaintiff/Miscellaneous

96-2-01362-1  Windermere Real Estate   10-21-96 Defendant/Personal Injury

02-2-00510-8  Windermere Real Estate   04-22-02 Plaintiff/Unlawful Detainer

02-2-00655-4  Windermere Real Estate   05-10-02 Plaintiff/Unlawful Detainer

09-2-01552-6  Windermere Real Estate   12-07-09 Garnishee Dfdnt Commercial

96-2-00754-1  Windermere RE Grays       05-29-96 Defendant/Miscellaneous

96-2-00754-1  Windermere RE Ocean      05-29-96 Defendant/Miscellaneous

99-2-01420-7  Windermere Real Estate   12-13-99 Defendant/Miscellaneous

99-2-01420-7  Windermere Real Estate   12-13-99 Defendant/Miscellaneous

99-2-01421-5  Windermere Real Estate   12-13-99 Defendant/Miscellaneous

99-2-01421-5  Windermere Real Estate   12-13-99 Defendant Miscellaneous

99-2-01419-3  Windermere Real Estate   12-13-99 Defendant/Miscellaneous

99-2-00915-7  Windermere Real Estate   08-02-99 Defendant/Miscellaneous

96-2-00754-1  Windermere RE Westport 05-29-96 Defendant/Miscellaneous

09-2-00518-1  Windermere Real Estate   04-15-09 Defendant/Commercial

95-2-01052-7  Windermere RE Grays       08-10-95 Defendant/Lwr Crt App-Civil

02-2-00571-0  Windermere RE Ocean      04-29-02 Defendant/Collection

06-2-01346-4  Windermere RE                 11-16-06  Defendant/Miscellaneous

11-2-01484-0  Windermere Westport      10-28-11  Defendant/Miscellaneous 

Download the complete Windermere litigation history from ALL Washington counties here.


The Tragic and Predatory Social Conduct Shared by Windermere Real Estate and San Diego City Ex-Mayor Bob Filner: Subjecting Female Employees to an Abusive Work Environment.


Appeals Court Declares that Windermere "...condoned a rape by a business colleague..."

In Little v. Windermere Relocation, the Court stated: "In sum, taking the facts in the light most favorable to Little, because her [Windermere] employer effectively condoned a rape by a business colleague and its effects, Little was subjected to an abusive work environment that "detract[ed] from [her] job performance, discourage[d] [her] from remaining on the job, [and kept her] from advancing in [her] career[ ]."


john jacobi(Left to right) Windermere CEO Geoff Wood (far left) is listed as a Governing Person of Windermere Relocation. Peggy Scott (second from left), also a Governing Person of Windermere Relocation, "... did not give Little any advice about going to the police, and she did not conduct an investigation of Little's complaint..." Windermere attorney Paul Stephen Drayna (third from left) is listed as the registered agent of RELO LLC, the entity name of Windermere Relocation. Windermere Founder John W. Jacobi (fourth from left) along with Gayle Glew (far right) are listed as Governing Persons of Windermere Relocation during the Little case. Glew told Ms. Little he did not want any "clouds in the office," and after she would not accept a pay cut, that she should "...clean out her desk."


In Irene McCormack Jackson v City of San Diego; Robert ("Bob") Filner, Plaintiff Jackson's Complaint for Damages, Employment Discrimination and Sexual Harassment, alleges at ¶ 19 that her boss, San Diego Mayor Robert Filner (left), said to her in sum or substance, "you know you are beautiful. I have always loved you. Someday I know that you are going to marry me. I am so in love with you. Wouldn't it be great if you took off your panties and worked without them on?" Plaintiff was aghast and pushed him away. Defendant Filner then stated "Come on. Give me a kiss."

And Ms. Jackson further alleges at ¶ 35:"... (1) Plaintiff McCormack Jackson was an employee of Defendant City of San Diego; (2) Plaintiff McCormack Jackson was subjected to unwanted harassing conduct because she is a woman; (3) the harassing conduct was severe or pervasive; (4) a reasonable woman in Plaintiff McCormack Jackson's circumstances would have considered the work environment to be hostile or abusive; (5) Plaintiff McCormack Jackson considered the work environment to be hostile or abusive; (6) Defendant Filner participated in the harassing conduct;" READ THE ENTIRE COMPLAINT HERE

Guilty Plea to Criminal Charges: San Diego Ex-Mayor Bob Filner Pleads Guilty to Felony False Imprisonment and Battery In the same California Jurisdiction where Windermere Real Estate Operates its San Diego Windermere Homes & Estates Santaluz Franchise

San Diego Ex-Mayor Bob Filner pleaded guilty to a felony charge of false imprisonment by violence, fraud, menace and deceit, stemming from an incident where he forcibly overcame a woman's resistance at a fundraiser, violating her liberty. Filner also pleaded guilty about two misdemeanor counts of battery, one from an incident where he kissed a woman on the lips during one of his "Meet the Mayor" events; and another incident wherein Filner improperly touched a woman's posterior while posing for a photo.

Jackson v City of San Diego; Robert ("Bob") Filner Complaint here.

Defendant City of San Diego's Answer to Complaint here.

Defendant City of San Diego's Cross-Complaint Against Robert Filner here.

Jump to the Court's full Opinion for Little v. Windermere Relocation here.

Click to the Windermere Real Estate Santaluz San Diego page here





Windermere Real Estate Auburn, Inc., sued by employee for Constructive Discharge, Hostile Work Environment, Negligence, Intentional Infliction of Emotional Distress and Civil Conspiracy in Pierce County, Washington, Complaint. Owner of Windermere Real Estate Auburn and Windermere Real Estate Lake Tapps, Thomas Tollen, sued for Civil Assault and Battery, Trespass, Invasion of Right to Privacy, Civil Stalking and other charges—Pleads guilty to related criminal counts.


Complaint alleges Windermere Auburn and Lake Tapps owner, Thomas Tollen, told employee: "You're nothing without me! We don't date, you don't have a job! ... Tollen grabbed Clark and threw her against garbage cans. She fell. While she was lying on the ground Tollen kicked her at least ten times, yelling 'You're a piece of shit! You're nothing without me! You won't have a job!'"


Complaint for Declaratory Relief, Damages and Foreclosure of Landlord's Lien against Windermere Real Estate/Auburn, Inc., and Windermere Real Estate/Cascades Group, Inc. Judgment for Plaintiff: $128,105,63, costs of $342.80 and attorney's fees of $7,420.00 CASE HERE


Windermere Charged with Financial Elder Abuse—AGAIN.


(Download Complaint here.)

Windermere Real Estate Coachella Valley, Palm Desert, Portola Agent Faith Messenger (left), and Windermere Real Estate SoCal (Owners Bennion & Deville, left respectively) Sued for Breach of Fiduciary Duty, Fraud and Deceit, Negligence, Negligent Misrepresentation, Financial Elder Abuse, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress and Breach of Contract, in Complaint Alleging:

"Dr. Glancz is informed and believes that the misrepresentations, concealments, and non-disclosures of Messenger and all other wrongful acts alleged in this complaint were carried out within the course and scope of her duty as an agent for Windermere. Furthermore, Windermere contracted directly with Dr. Glancz and assigned Messenger to work for Dr. Glancz and had a duty and responsibility to oversee Messenger's conduct. As a consequence, Windermere is responsible for Messenger's conduct and is directly liable to Dr. Glancz not only for Windermere's failures, but for Messenger's failures and wrongful conduct under principles of agency and because Messenger's conduct is imputed to Windermere under the doctrine of respondeat superior," and;

"Dr. Glancz is informed and believes and thereon alleges that Defendants’ conduct constituted oppression, fraud, and malice in the commission of financial abuse, and Dr. Glancz is entitled to recover damages for the sake of example and by way of punishing Defendants for financial elder abuse pursuant to California Welfare and Institutions Code section 15657.5 and California Civil Code section 3294."





"In fact, the copy of the Repair Recommendations forwarded by Mr. Freed HAD BEEN MANIPULATED TO CONCEAL the portion of the repair recommendations which informed the Boyers that the drain field piping was collapsing and needed to be replaced." (Emphasis added.)




WINDERMERE AGENTS' ABUSE, UNDUE INFLUENCE and EXPLOITATION OF A VULNERABLE ADULT AT WINDERMERE ATTORNEY JOHN DEMCO'S SOUTH WHIDBEY ISLAND FREELAND WINDERMERE FRANCHISE: Windermere mother-and-daughter agents Saul and Gabelein take advantage of an elderly woman: “Emma has sold property to members of the Gabelein family for a fraction of its value, jeopardizing her ability to remain in her home for the remainder of her life." (Demco, Saul and Gabelein above.) READ THE COURT'S SHOCKING OPINION HERE.



MORE INNOCENT AND UNSUSPECTING LIVES RUINED BY THE COST OF CHASING WINDERMERE CROOKS THROUGH THE COURTS: Windermere Real Estate Allen & Associates Agent Lance Miller's Deliberate Non-Disclosure of Home's Prior Use as Pot Farm and Methamphetamine Laboratory

Eva and Eddie Bloor relocated to Longview, in Washington State, and purchased a home from Charmaine and Robert Fritz through Lance Miller at Windermere Real Estate/Allen & Associates, who served as dual agent for both parties. The Fritzes and Miller both opted to withhold their knowledge that the one-time rental property had been a site for marijuana farming and methamphetamine production. Windermere and Miller were cognizant of the property’s prior use because Windermere staff managed the rental home months earlier when a drug raid occurred, and they subsequently issued a notice of eviction on the tenants after learning of their illicit operation. Locals all herd the news, including the Fritzes, who conversed about it with others. (At left, Lance Miller of Windermere Allen & Associates.) CLICK TO THE COURT'S OPINION HERE.



WINDERMERE BELLEVUE COMMONS ASSOCIATE BROKER DICK PELASCINI'S FORECLOSURE RESCUE RIPOFF SCAM: "...When Pace-Knapp signed further documents at the closing agent’s office, she first realized she had sold her house to the Pelascinis. Nevertheless, she proceeded with the sale. As a result of this transaction, the trustee’s sale did not proceed... She lived in the house under lease agreements with the Pelascinis for two and a half years, during which time she paid rent to the new owners. She was evicted when the Pelascinis declined to renew her lease a third time." CLICK HERE TO THE COURT'S OPINION.




Coldwell Banker Sues Windermere Services Southern California for Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, and Common Law Unfair Competition in Federal Complaint Alleging:

"23. On or about March 2013, Windermere's Counsel indicated that Windermere would take immediate steps to change the formatting of its WINDERMERE@HOME magazine to alleviate Coldwell. Banker's concerns of trade dress infringement. 24. As of the filing of this Complaint, Windermere has not taken any steps to change the formatting of its WINDERMERE@HOME magazine and continues to incorporate the VIEW Trade Dress in the WINDERMERE@H0ME magazine." DOWNLOAD THE COMPLAINT HERE







FEDERAL INDICTMENT No. CR 12 00441: Windermere Coachella Valley Indian Wells, Bennion & Deville Fine Homes Agent Peggy Anne Shambaugh and Husband, Attorney Gary Edward Kovall (left), Indicted on Federal Bribery, Conspiracy and Money Laundering Charges in Palms Springs Region Spotlight 29 Casino Kickback Scheme. Also named are Paul Phillip Bardos and David Alan Heslop. Click here to read or download a .pdf copy of the complete indictment.




Federally Indicted Windermere Coachella Valley Indian Wells Agent Peggy Shambaugh, Windermere Coachella Valley and Owner Bob Deville, Charged by Spotlight 29 Casino Owner Indian Tribe with Breach of Conract, Breach of the Implied Covenant of Good Faith and Fair Dealing; Shambaugh, Deville, Windermere Coachella and Windermere Services, Charged with Breach of Fiduciary Duty, and Professional Negligence; Windermere Coachella, Bob Deville and Windermere Services Charged with Unfair Trade Practices in $30 Million-Plus Deal—Complaint Alleges Windermere Services is an Unlicensed Entity.

SHAMBAUGH, BENNION & DEVILLE, WINDERMERE COACHELLA, WINDERMERE SERVICES and JOSEPH R. DEVILLE SETTLE BEFORE TRIAL: Notice of Ruing & Entry of Judgment— “PLEASE TAKE NOTICE that the Motion for Good Faith Determination filed by Moving Parties PEGGY SHAMBAUGH, BENNION & DEVILLE FINE HOMES, INC. dba WINDERMERE REAL ESTATE COACHELLA VALLEY, WINDERMERE REAL ESTATE SERVICES COMPANY and JOSEPH R DEVILLE ("SETTLING PARTIES") came on for hearing on January 14, 2013, at 9:00 a.m., in Department 07 of the above-reference court, located at 4050 Main Street, Riverside, California. Cheryl D. Davidson, Esq. appeared for SETTLING PARTIES. Gordon Bosserman, Esq (appearing telephonically) and Scott Spolin, Esq. appeared for Plaintiffs. Connie Anderson, Esq. appeared telephonically for David Alan Heslop and Diversification Resources. [¶] The Court, after considering the moving papers and the lack of opposition thereto, found that the proposed settlement was within the ball park of SETTLING PARTIES' proportionate share of liability and was reasonable and equitable pursuant to the terms of Tech-Bilt, Inc. vs. Woodward-Clyde and Associates (1989) 38 Cal.3d 488. The court found no evidence of collusion or conduct aimed to injure the interests of the non-settling parties. The Court granted the Motion for Good Faith Settlement…”

john jacobi(L to R: (1) Joseph R. "Bob" Deville and (2) Bob Bennion of Windermere Services Southern California, Bennion & Deville Fine Homes, Inc., and Windermere Real Estate Coachella Valley. (3) Peggy Shambaugh, Realtor at Windermere Real Estate Coachella Valley, Indian Wells office. (4) Current Windermere Services Company governing persons John W. Jacobi, (5) Geoffrey P. Wood, (6) Jill Jacobi-Wood, (7) John O'Brien "OB"Jacobi, (8) attorney Paul Drayna—WSBA# 26636.





BENNION & DEVILLE FINE HOMES, DBA WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR CONSTRUCTIVE FRAUD AND OTHER CLAIMS, ALLEGING: "...10. As Plaintiff’s real estate broker, Windermere owed an affirmative obligation to Plaintiff to exercise the utmost care, integrity, honesty and loyalty to Plaintiff. Despite the recognition and acknowledgment of this relationship, Windermere never disclosed the fact that Heslop had a preexisting and ongoing financial arrangement with Windermere, through Shambaugh and her then boyfriend, now husband, Gary Kovall ("Kovall"), or the fact that the Tribe was paying substantially more than the market value for the Baseline Property..."



Complaint alleges, " ...the purchase price was raised to $31 million, apparently to compensate for the reduction in the percentage of the commission to Windermere and Shambaugh." Nada L. Edwards, Gary E. Kovall, Robert A. Rosette, Rosette & Associates PC, Monteau & Peebles LLP, Fredericks & Peebles LLP, Fredericks Peebles & Morgan LLP, sued in case referencing Windermere Coachella Valley's Peggy Shambaugh, officially listed as an "Interested Party."

CASE UPDATE: Following his federal indictment on bribery and conspiracy charges, the Court has granted a stay of this civil action against Defendant Gary Kovall, based on his assertion of his Fifth Amendment right against self-incrimination.



"We are still experiencing cash flow issues...." —Windermere Controller Marie D. Wooten

JUDGMENT AGAINST BENNION & DEVILLE FINE HOMES INC., DBA WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR RENT PAID LATE AND UNPAID RENT: Documents in evidence state: "Late Fees which have accumulated for the last ten months total: $10,937.10... Rent has been delinquent January thru November. With the exception of a late fee paid for September... Please remit balance due of: $33,904.96 ..."



Windermere Real Estate Services Company, Windermere Coachella Valley Agent Charles Stewart Smith (left), Bennion & Deville Fine Homes Inc., dba Windermere Real Estate Coachella Valley, Sued for Breach of Implied Warranty of Fitness, Statutory Failure to Make Written Disclosures, Fraud: Fraudulent Concealment and Failure to Disclose, Fraud: Intentional Misrepresentation, Fraud: Negligent Misrepresentation, and Constructive Fraud.

Windermere Coachella agent Charles Stewart Smith says on his Windermere web page that he has "... a track record of proven sales and outstanding client service results."

Charles Stewart Smith review from the WindermereWatch e-mailbag: "...This guy is trouble. I interviewed him to sell my home. I researched his background after we met. I did not hire him. I learned that he does not use his real name Charles Smith. And the guy and his real estate partner Patrick Jordan were in foreclosure and did not notify the DRE. It turns out that there is a reason agents can't use nick names with out notifying clients. You don't find much under Stewart Smith."



Bennion & Deville Agent Scott Palermo (left), individually; Bennion & Deville Fine Homes, Inc. a California corporation, dba Windermere Real Estate Coachella Valley; Louise Hampton, individually; HLH Enterprises, Inc., a California corporation dba Prudential California Realty, sued for General Negligence.




Coldwell Banker Sues Windermere Services Southern California for Lanham Act Trade Dress Infringement, Common Law Trade Dress Infringement, and Common Law Unfair Competition.



A&L Partners, Andrea Marquez, Joseph R. Deville, Bob Bennion, Bennion & Deville Fine Homes, Sued for Trademark Infringement.







Windermere Real Estate [Coachella Valley], Broker Chris Anderson DRE #01400606 and Agent Tony Otten DRE #01400038 (at left, respectively), Sued for Comparative Indemnity and Apportionment of Fault; and Total Equitable Indemnity, in Capitis Southeby's International Realty Cross-Complaint Alleging "...Windermere, Mr. Anderson, and Mr. Otten owed a duty of honest dealing to Plaintiff..." DOWNLOAD THE SECOND AMENDED COMPLAINT IN THE CASE HERE; DOWNLOAD THE COMPLETE CROSS-COMPLAINT HERE.

Second Amended Cross-Complaint alleges: "...Stephen LoCascio and Michael Russell lived together as legally married spouses... the escrow under which Mr. LoCascio would buy the Subject Property was supposed to close on or about June 26, 2012... The Addendums allowed the buyer, Mr. LoCascio to rent the Subject Property and to take possession of the Subject Property, under the Addendums, on April 5, 2012, as a tenant, three months before the close of escrow... the truth was that Mr. LoCascio and Mr. Russell had no place to live...

While in sole possession of the Subject Property, Mr. LoCascio and Mr. Russell committed waste, in that inter alia they ripped large holes in the walls and ceiling, took down a wall, removed all the landscaping, including mature trees, either urinated or allowed their two dogs to urinate throughout the house on the carpeting, changed and damaged electrical wiring, damaged wallpaper, damaged the ceiling and custom made drapery, damaged the plumbing system,, and otherwise committed acts of destruction and waste to the Subject Property, physically rendering the house uninhabitable, and substantially lowering the fair market value...

...Mr. Anderson was the real estate broker and Mr. Otten the real estate agent for Mr. LoCascio and Mr. Russell... Windermere, Mr. Anderson, and Mr. Otten breached the duties owed to Plaintiff when they failed to disclose to Plaintiff that LoCascio/Russell's property has been foreclosed upon and that they did not have the finances to purchase Plaintiff's home..."

A customer of Andrea Turnage (left) from the now-defunct Windermere Real Estate, Indian Wells, California, says: "One of the worst experiences in real estate I've ever had..." and "...extremely unprofessional and unethical..." READ ANDREA'S REVIEW HERE





Aaron Shriner Seattle Real Estate Review: Former Owner / Managing Broker of the now defunct Windermere Real Estate SCA Redmond, Aaron Shriner, has become a Seattle Realogics Sotheby's International Realty Agent! Astute realty service consumers have the right to know Mr. Shriner's Windermere history before enlisting his services at Sotheby's:

CASE #1: Windermere SCA Redmond was proud home to certified Windermere swindler, Paul Stickney, officially adjudged by Washington courts (Click to the Court's Opinion here) as having a conflict of interest and failing to disclose it to his Windermere SCA clients. Download the $1,030,627.00 judgment against Windermere Real Estate SCA and Paul Stickney here.

CASE #2: Windermere Chairman John W. Jacobi's Washington Loan Company, Windermere Real Estate SCA Redmond and agent Christopher Judd, sued for Intentional Misrepresentation and other claims in alleged "...unlawful scheme to enrich themselves at the expense of plaintiffs and others..." Click to the full Complaint in the case here. (Shriner and Stickney at above left, respectively.)



Windermere City Group maintaining "...the highest ethical standards..."

Despite Two Washington State Criminal Counts for First Degree Theft in Realty Transactions, Windermere Spokane City Group Employed Accused Agent Ryan S. Bishop (left), and Exposed Unsuspecting Realty Service Consumers to Bishop's Predatory Ethics.

Shortly after John L. Scott, Spokane, terminated his employment for inappropriate conduct when his clients' transaction file was mysteriously not found by management, Spokane Realtor Ryan S. Bishop went to work the next three years at Windermere City Group, Spokane, and even continued working for Windermere City Group several months after Washington State officially charged Mr. Bishop with two counts of First Degree Theft in realty transactions.

Count #1 arose from the John L. Scott case “…by color and aid of deception, by means of failing to reveal essential information regarding a real estate transaction,” where Bishop allegedly manipulated loan documents to have himself paid an “assignment fee” of $196,435.00 from his clients' loan proceeds. The clients didn’t learn of the scheme until March of 2012, when they reviewed the complete and final HUD-1 Settlement Statement. Count #2 from the same case pertains to “...deception, by means of misappropriating rent money, with intent to deprive” the same clients of rent proceeds from the newly-purchased residence while they had yet to relocate and occupy it. Further, “…the defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense, as provided by 9,94A.535(3)(n).” 

Although the criminal charges were filed in Spokane Superior Court on October 1, 2012, records indicate that Bishop was still employed by Windermere City Group, Spokane, well into 2013. A total of two civil actions plus the aforementioned criminal charges were pending against Bishop during his employment at Windermere City Group, where owner Joe Garst (left) states on his Windermere web page, “I will represent your best interest and be attentive to your needs, maintain the highest ethical standards, and conduct myself with integrity and honesty.” Bishop's criminal trial is set for 02-03-2014 in Spokane, and his real estate license is now reported as “Delinquent" by DOL. Incredibly, Bishop is currently listed on Linkedin as an Adult Family Home Administrator at Legacy Gardens of Spokane Adult Family Home. DOWNLOAD THE COMPLETE RYAN S. BISHOP SPOKANE SUPERIOR NO. 12103480-1 CHARGING INFORMATION HERE





March 13, 2012: Vestus LLC, Windermere Real Estate East, and "Investment Specialist & Foreclosure Expert" Christopher Hall, Sued for Negligent or Fraudulent Misrepresentation, Violation of Washington Real Estate Law, including Chapters 18.85 and 18.86 RCW, and Violation of the Washington State Consumer Protection Act, Chapter 19.86 RCW, in Complaint Alleging:

"9. The Defendants hold themselves out as experts in the purchase of foreclosing real property. Defendants provide training and information on purchasing foreclosing property, and facilitate the financing and acquisition of foreclosing properties. 10. Vestus advertises that it gathers "real time market data" on foreclosing properties, "mines" the data, physically drives to the properties in order to ensure the accurate analysis of each property, and rigorously and carefully analyses the information it has collected.... 18. Information readily available to real estate professionals, but not to the public, included agents' remarks that the foundation of the Property had settling issues. 19. The Defendants did not disclose the settling problems to McGrath."



January 11, 2013: After Windermere/Demco's FIRST Summary Judgment Motion, Judge orders that Plaintiff's claims for Breach of Contract, Fraudulent Concealment, Negligent Misrepresentation, CPA and violation of RCW 18.86 agency statute will remain. Windermere Vestus Demco Motion for Partial Reconsideration is DENIED. Plaintiff files jury demand. Vestus Foreclosure Group, Windermere Real Estate East, and Christopher Hall to stand trial for Fraudulent Concealment and other charges on August 12, 2013.

June 21, 2013: Vestus, Windermere East, Christopher Hall and Demco lawyers lose big again. Court denies SECOND Motion for Summary Judgment. DOWNLOAD THE COMPLETE SECOND SUMARY JUDGMENT MOTION HERE; AND THE ORDER DENYING IT HERE

From Plaintiff's Response to Defendants' Second Motion for Summary Judgement: "Well before the April 7, 2011 meeting, Vestus acquired an Agent Detail Report on the Property. On March 13, 2011, Hugh Stewart, one of Vestus' principals, pulled the Agent Detail Report from the MLS site. Hall Dep 21-22. At about one third of the way down the page contains the words, "Partial Slope." At the bottom, in a section called "Agent Only Remarks," is "settling issues"... The Agent Detail Report is not available to the public. Hall, Dep 63-64 ("Can ordinary citizens go on the MLS site and get the agent remarks, the agent-only remarks?" "No; because it is agent-only remarks."). The Agent Detail Report for the Property WAS NOT IN the Auction Packet Vestus distributed on April 7,2011." (Emphasis added.)

July 22, 2013: Just 2 weeks before trial, a Stipulation and Order to Amend Complaint to Remove Claim and Parties has been filed with an Amended Complaint that removes Hall and the Fraudulent Concealment charge. The newly Amended Complaint names defendant parties as Vestus LLC, and Windermere Real Estate East, Inc., and states in part: "...Hall provided McGrath information and recommendations on properties... Information readily available to real estate professionals, but not to the public, included agents' remarks that the foundation of the Property had settling issues... Defendants did not disclose the settling problems to McGrath."

After Stipulation and Amended Complaint, Trial to Proceed against Vestus Foreclosure and Windermere East for Breach of Contract, Negligent Misrepresentation, violation of the Consumer Protection Act, and Breach of Statutory Duty, on August 12, 2013.

Plaintiff's Trial Brief: "Since the hearing on Vestus' motion, [Plaintiff] McGrath has notified Vestus' attorney that she intends to drop her claim for fraudulent concealment. She has decided to drop Christopher Hall as a defendant. She has filed a motion to amend to reflect these changes in a stipulation and order agreed upon by defendants' attorney." Plaintiff's Proposed Jury Instructions and Proposed Special Verdict Form

Defendants' Trial Brief: "...Vestus does not guarantee the accuracy or completeness of information it makes available..." Demco Doubles Down: Vestus/Windermere East Proposed Jury Instructions and Proposed Special Verdict Form. Defendants' Motions In Limine.

Pre-Trial Updates: Joint Statement of Evidence; Defendants' Admissible Docs Notice, ER 904; Mediation Compliance: "The mediation did not resolve the dispute." Joint Confirmation of Trial Readiness, also filed on July 22, states trial is estimated to take 5 days. Defendants' Notice of Admissible Docs, Evidence Rule 904; Notice of Mediation Compliance: "The mediation did not resolve the dispute."

August 8, 2013: Notice Of Settlement Filed.



Windermere Real Estate East and Agent Stephen C. Hender (left) Sued in Complaint Alleging Negligent Breach of Duty, Unauthorized Practice of Law, Violation of the Consumer Protection Act and Claim for Injunctive Relief, by Plaintiff Charging Irretrievable Loss of $100,000.00 Earnest Money Deposit to Steven D. Smith Construction of Redmond. MORE HERE

Complaint alleges: "...Plaintiffs' aforesaid irretrievable loss and legal forfeiture of Plaintiffs' aforesaid One Hundred Thousand ($100,000.00) Dollar earnest money deposit was proximately caused by Defendant Hender's aforesaid tortious conduct of practicing law in violation of RCW 2.48.170-190..." and "...Plaintiffs allege that the unauthorized practice of law tortious actions of Defendant Hender and related negligent supervision of Defendant Windermere East are of such nature that other consumers are likely to be harmed by the Defendants' joint and several ongoing and continued repetition of such unauthorized practice of law." DOWNLOAD THE FULL COMPLAINT




" Judgment is hereby entered in favor of Ivan G. Popchoi and Varvara M. Popchoi and against Csaba Kiss (left) in the total amount of $44,885,39, ... "On October 17, 2006, Melanie A. Leary, an attorney with the Demco Law Firm, P.S., sent Mr. Williams a written response to his October 6, 2006 letter. Ms. Leary advised Mr. Williams that she represented Mr. Kiss and relayed Mr. Kiss’s position that the Popchois were not entitled to the protection of the warranties provided by the Statutory Warranty deed executed by Mr. Kiss. Ms. Leary’s letter notified Mr. Williams that Mr. Kiss was “far more inclined to let a court decide” the Popchois’ warranty rights “than to spend money to settle” the Popchois warranty claim.”



"...so what if we are off $20,000 sometimes."

Vestus LLC and Windermere Spokane City Group agents Brian Sandusky and Aaron Cunningham (at left respectively) Sued in Class Action Complaint (Certification Pending) for Violation of the Consumer Protection Act, Alleging "...Vestus was not a licensed real estate brokerage firm." 10/18/2013: Previously litigated in lower court where plaintiff's claims were dismissed. Court awards summary judgment based on collateral estoppel.

Spokane Class Action against Windermere's Vestus Foreclosure alleges Plaintiff "...lost a significant amount of money... on her purchase of the Liberty Lake property based on the representations made by Vestus," and that Vestus Defendant Cunningham stated: "...so what if we are off $20,000 sometimes." Allegations further state that Cunningham told the Plaintiff that he requested another Vestus client bidder to refrain from bidding as a "favor" to the Plaintiff.

The Class Action Complaint's Prayer for Relief Includes: 4. That it be declared that Vestus' fee/compensation structure is unfair and/or deceptive in violation of Washington's Consumer Protection Act; 5. That the Court rescind the contracts between Defendant Vestus and Plaintiff and other similarly situated individuals; 6. That Defendant Vestus be held liable to Plaintiff and other similarly situated individuals for any commissions or fees paid pursuant to rescinded contracts."

July 17, 2013:Stipulation and Order of Dismissal of Certain Claims Against Defendants Sandusky and Cunningham: "...Plaintiff, and Defendants Sandusky and Cunningham, through their respective counsel of record and hereby stipulate and agree that all claims against Defendants Sandusky and Cunningham in § IV of Plaintiff's Complaint for Violations of Consumer Protection Act, including ¶¶ 4.1 - 4.8 thereunder, may be dismissed without prejudice and without costs. UPDATE 8/29/2013: Trial scheduled for Monday, August 14, 2014, at 9:00 a.m.

Download the complete Class Action Complaint here. Jump to the Vestus Answer here. September 9, 2013: Answer, Affirmative Defenses, Counterclaim and Cross-Claim of Defendants Sandusky and Cunningham. September 13, 2013: Defendant Vestus LLC's First Motion for Summary Judgement.


john jacobi REALTY PREDATOR and WINDERMERE CHAIRMAN (left) JOHN W. JACOBI'S HUGE and HORRIFIC LEGACY OF GREED, LOSS, DISTRESS and FINANCIAL RUIN FOR WASHINGTON STATE HOMEBUYERS: THE COMPLETE WINDERMERE WASHINGTON LITIGATION HISTORY in comprehensive listings of Windermere Real Estate lawsuits from KING and PIERCE and SNOHOMISH counties, and all Washington counties where Windermere cases have been filed:

Benton Chelan Clallam Clark Columbia Cowlitz Franklin Grant Grays Harbor Island Jefferson Kitsap Kittitas Lewis Mason Pacific Pend Oreille San Juan Skagit Spokane Stevens Thurston Wahkiakum Walla Walla Whatcom Whitman Yakima Download the complete Windermere litigation history from ALL Washington counties here.


IS HE AMERICA'S MOST UNETHICAL LAWYER? Lying to judges and knowingly filing false complaints and other fraudulent documents in their courts. Violating defendant civil rights and attempting to coerce illegal, unjust settlement agreements through intimidating emails, excessive legal expense and intentionally inflicted emotional distress. Running away and voluntarily dismissing his own company's phony and process-abusive lawsuits on the eve of trial. He'll even try deliberately subverting a previously demanded and paid jury proceeding by surreptitiously ordering a bench trial. Is Windermere General Counsel, Lying Lawyer and Legal Process Cheat, Paul Stephen Drayna (left), the nation's most obtuse, unscrupulous and dishonest corporate attorney?


"A good reputation is more valuable than money." —Publilius Syrus

ARE YOU CONSIDERING A WINDERMERE FRANCHISE? CONSIDER CAREFULLY: Does franchiser Windermere Services Company disclose the Windermere network's pervasive professional misconduct, countless lawsuits and vast PR troubles to renewing and prospective Windermere franchisees? Under Federal Trade Commission Rules, Part 436, Disclosure Requirements, any franchiser has a legal duty to disclose: "16 CFR 436.2 (5)(n) ...any fact, circumstance, or set of conditions which has a substantial likelihood of influencing a reasonable franchisee or a reasonable prospective franchisee in the making of a significant decision relating to a named franchise business or which has any significant financial impact on a franchisee or prospective franchisee."




Windermere Real Estate Northwest, Inc., Agent Howard Johnson, Broker and Branch Manager Loretta Larson, Sued for Violation of the Washington State Securities Act (WSSA), Negligence, Negligent Misrepresentation, Negligent Supervision (Against Windermere and Larson), Breach of Fiduciary Duty, Violation of Washington's Consumer Protection Act

(Above left to right) President April Kieburtz, Designated Broker and Owner, Windermere Real Estate/Northwest; the generic silhouette head of Steven Kieburtz, CEO and Owner, Windermere Real Estate/Northwest; and Loretta Larson, Manager and Broker, Windermere Real Estate/Northwest.

ALLEGATIONS FROM THE COMPLAINT: "19. Windermere and Larson were “control persons” of Johnson under the WSSA with respect to Simmons’ SCI investment, pursuant to RCW 21.20.430 and common law... 20. Windermere and Larson had the power to control Johnson’s offers or sales of products to the public and Larson was the branch manager, charged with monitoring and managing the activities of the agents and brokers affiliated with such branch, including Johnson... 21. In connection with the SCI investment, Johnson misrepresented material facts to Simmons or omitted to state material facts necessary to make Johnson’s other material representations, in light of the circumstances under which they were made, not misleading." Read the complete report here

Case Updates: MOTION REGARDING PRETRIAL MATTERS: Windermere Northwest argues that the Court should not allow expert testimony interpreting the Securities Act: "The Court Should Exclude Witnesses from the Department of Financial Institutions." Parties stipulate to trial on June 4, 2012. Notice of Settlement dated 6/1/2012 filed on 6/5/2012.



Montana Supreme Court Reverses the Partial Summary Judgment of Windermere Helena Broker Rick Ahmann's (left) "Acquiron" Real Estate and Business Brokerage After Elderly Victim Seeks Damages of $4,635,485.51, Claims Unlawful Sale of Securities, Negligence and Fiduciary Breach: "The examiner found that DBSI was running a Ponzi scheme."



Are you considering LISTING YOUR HOME with Windermere, or BUYING A HOME LISTED by Windermere? Despite Windermere's false promotion of "Uncompromising honesty and integrity," if anything goes wrong in your Windermere home deal, WINDERMERE WILL FORCE YOU TO SUE. Before you buy or sell with Windermere, focus on the risk of Windermere's well-documented history of unethical misconduct in home transactions:




PAUL STICKNEY WINDERMERE REAL ESTATE'S (A.K.A. STICKNEY TEAM) MILLION-DOLLAR FAILURE TO DISCLOSE A CONFLICT OF INTEREST: Plundering Paul Stickney (left) was officially adjudged by Washington courts as having a conflict of interest and failing to disclose it to his Windermere SCA clients—Mark and Carol DeCoursey—when he sold them a house in Redmond, Washington, and then recommended a remodeling company to the DeCourseys. But Stickney neglected to mention he was AN OWNER of the remodeling company he was recommending, which absolutely ruined their home. Stickney testified that he DID NOT KNOW he was named as the remodeling company's VP until AFTER the DeCoursey's lawsuit began. STORY HERE.



SNEAKY: When the Craig Shriner family's former Windermere Redmond office became Windermere Redmond/East, conflict-of-interest swindler Paul Stickney was deleted from its roster, his listings tendered in the name of Windermere Redmond East agent Patricia "Patty" Ennis (left). But Ms. Ennis' email address was listed as "stickneyteam@windermere.com," and her "Cell/Direct: (206) 954-6475" was Paul Stickney's number. CONSUMERS BEWARE. Jump to the Court's Opinion on Mr. Stickney here.


In King County Superior Case No. 13-2-17465-1 SEA, Stickney, who literally destroyed the home and finances of his Windermere Redmond SCA clients (story here), has been SUED FOR MONIES DUE AND OWING OF $5688.06 BY AMERICAN EXPRESS BANK. (Read the Amex Stickney Complaint here; and the Amex Motion for Default here.) Perhaps Predator Paul is tasting the same distress and disgrace that he and Windermere have provided to so many others.

After thoroughly wrecking his unsuspecting clients' lives for nearly six years, Windermere Redmond crook Stickney now whines to the court: "...Although innocent, I was found guilty of things I never did, by a jury that did not hear the other sides of the story at trial... Further, to add insult to injury, the on-line attacks have become supported by judicial credibility..." and "...I am now behind on my house payments, I owe money to the IRS, and I have four other debts that are in arrears. I have been paying on the debts until I could pay no more. This ordeal has exhausted my assets and I am barely hanging on." —Click here for Paul Stickney's complete response to Plaintiff American Express. Update: Amex Motion to Strike Stickney's Answer as "...immaterial or impertinent..." Order Granted on Motion to Strike Portions of Defendant's Answer. 9/26/2013 Order of Dismissal.



Windermere Founder John W. Jacobi's Washington Loan Company, Craig and Rosalie Shriner's Windermere Real Estate S.C.A. Redmond, and its Agent Christopher Judd, Sued for Intentional Misrepresentation and Other Claims in Alleged "...unlawful scheme to enrich themselves at the expense of plaintiffs and others..."

john jacobi(Above, left to right) Governing Persons of the Washington Loan Company: 1) Windermere Founder John W. Jacobi is listed as President of the Washington Loan Company; 2) Kendra Vita, Manager of franchiser Windermere Services Company is listed as Secretary of the Washington Loan Company; 3) franchiser Windermere Services Company General Counsel, attorney Paul S. Drayna—WSBA #26636—is listed as Registered Agent of the Washington Loan Company; 4) Don Riley, Washington Loan Company manager; 5) Windermere Real Estate S.C.A. Redmond owner Craig Shriner; 6) Windermere Redmond SCA managing broker Aaron Shriner; 7) Windermere Redmond SCA agent Christopher Judd.

From Yahoo Reviews... Comments for Aaron Shriner—Windermere Real Estate: "This office represented the buyer of our home, the agent failed to communicate information in a timely manner, nearly missed several deadlines to extend the offer, and when we expressed our frustration to the broker, we were met with a condescending response, lacking even the semblance of an apology. Find another office to work with - the customer service in this office is VERY poor."

Typical Windermere Network Office Scams: A Windermere Redmond Review That Every Realty Service Consumer Should Read





(Left) Sonya Eppig, still producing commissions for Windermere Real Estate/CIR Owner, Marla Heagle, and for franchiser Windermere Services Company.

"...Eppig did not tell the Ruebels about the addendum Nelson prepared disclosing that the engineering work was not complete and that the building plans did not meet the UBC requirements. Instead, Eppig helped draft a revised addendum that did not so unequivocally set forth the permitting and inspection problems. And when Camano Realty listed the Hovis property for approximately two years, Camano learned about the permitting and inspection problems but did not inform the Ruebels....

... Eppig did not tell the Ruebels that the Building Department had suspended the building permit. Sometime after May 6, Eppig obtained some engineering information from Preview Realty and requested building plans from Hovis’ architect.... On May 7 or 8, Eppig sent the Ruebels an extension until May 15 for the feasibility study and assured them that there was no problem with complying with the Building Department's request for the engineering information.... Contrary to Eppig’s assurances, VanDuine testified that he told Eppig the engineering data she provided was inadequate...

...Rather than proceed with remodeling, the Ruebels decided it was less costly to demolish the house and build a new house."



PRUDENT LEGAL MANAGEMENT: Consider Adding Franchiser Windermere Services Company To Your Windermere Complaint... 

Attention Attorneys and Windermere Fraud Victims: Forced by outrageous ethical breach into suing a local Windermere franchise, broker or agent? Windermere advertises "The highest ethical standards. Uncompromising honesty and integrity," but in truth runs away from its own unethical misconduct and forces damaged Windermere fraud victims to sue and endure years of legal expense, distress and strategic delay. 

Opinions state that Franchiser Windermere Services Company has a bona fide legal fiduciary interest in every local Windermere office transaction because it gets money from those transactions: When local Windermere franchises are sued and Complaints name "Windermere Real Estate Services Company," as a party, franchiser Windermere Services claims it has been "erroneously sued" and aggressively seeks its own dismissal from the lawsuit—but don't let that happen. If you're forced to sue your local Windermere franchise, remember: Franchiser Windermere Services Company HAS ALREADY PROFITED on your unethical Windermere transaction through its local franchise, and it therefore shares potential liability for your damages and attorney fees.  

LEGAL PRECEDENT: Windermere Services Company has previously argued affirmatively in King County Superior Court No. 05-2-3443 SEA that it is in privity with its Windermere franchisees: In its duplicitous pleading to escape counterclaims, Windermere Services Company ACTUALLY PREVAILED in a Partial Summary Judgment Motion that states it is in "privity" with a Seattle Windermere franchisee because, "...as the owner of the Windermere tradename, it is in privity with Windermere Real Estate/Northeast." Privity is defined as: a.) A relation between parties that is held to be sufficiently close and direct to support a legal claim on behalf of or against another person with whom this relation exists. b.) A successive or mutual interest in or relationship to the same property. 




Franchiser Windermere Services Company suing

and competing against its own franchisees:





THE SAGA OF WINDERMERE PUYALLUP CANYON ROAD (WPCR) IS A REALTY FRANCHISE OWNER'S ULTRA-NIGHTMARE: Franchiser Windermere Services Chairman "...Jacobi decided to open another Windermere office in the territory in which WPCR was operating."


"From the time that the Cross-Complainants exercised their contractual right to terminate the Franchise License Agreement, and while Cross-Complainants were still operating as Windermere franchisees, [Windermere Services] Cross-Defendants engaged in a pattern of unlawful and predatory acts designed to specifically harm Cross-Complainants and destroy their businesses as Windermere franchisees and their future business endeavors."


Attention agents: Considering a business

association with Windermere Real Estate?


"In Retaliation Windermere Sought to Make the Litigation as Expensive and Time Consuming as Possible to Dissuade Mr. Rodriguez and other Agents from Asserting Claims against Windermere."

"The trial court's award of reasonable attorney's fees and costs to Mr. Rodriguez was both appropriate and necessary pursuant to Washington law and its public policies. A finding otherwise would have validated a unilateral fees clause and resulted in the precise inequity the statute intends to remedy. This Court should disregard Windermere's attempt to truncate the relevant contractual language and misconstrue the law, and affirm the trial court's award of attorney's fees award to Mr. Rodriguez. Likewise, the trial court's award of prejudgment interest at 18%, as the parties had agreed was the reasonable rate of interest between them, was correct and should be affirmed."



Complaint Alleges: "Durheim and Groves told Solerno not to inform the [buyer] Mitchells of this fact."

Husband and Wife Windermere Spokane Agents Greg Durheim and Carol Groves (left) and Windermere Manito Spokane (Joseph K. Nichols, Windermere Manito Owner, 2nd from left) Sued for Breach of Contract, Breach of Statutory Duties and Negligent Misrepresentation in Complaint Alleging that Durheim and Groves Told Co-Defendant "...not to inform..." Plaintiffs that Mortgage Lender Would Not Agree to Partial Release of Property.

"Sometime in the fall of 2011, Solerno told Durheim and Groves that his mortgage lender would not agree to a partial release of his property and that the closing on the Solerno property could not happen. Durheim and Groves told Solerno not to inform the Mitchells of this fact." DOWNLOAD A COMPLETE COPY OF THE COMPLAINT HERE

Motion for default of defendants Windermere and Groves: " ...More than twenty (20) days have expired since service of process, and Defendants have failed to file or serve an Answer to Plaintiff's Complaint, and are now wholly in default... He told me that an Answer would be filed no later that May 29, 2013. May 29, 2013 has come and gone without any Answer having been filed or served."

Defendants Windermere and Groves finally file an Answer on June 14, 2013: "...Windermere admits contacting Solernos at Plaintiff's request, to seek Solerno's participation in a boundary line adjustment but denies that the adjustment was to operate a commercial dog kennel."





Windermere Himlie Shelton Review: Nearly seven years litigation all the way to the Washington Supreme Court, and still going: Windermere's "The highest ethical standards. Uncompromising honesty and integrity," brings unsuspecting waterfront homebuyers...

An Interminable Windermere Himlie Legal Ordeal in Shelton, Mason County, Washington

"The Court of Appeals correctly reversed the trial court's dismissal of the Jackowskis' claims for breach of statutory fiduciary duties. The Court of Appeals also properly acknowledged that chapter 64.06 RCW does not bar common law rescission, and it properly reversed the trial court's dismissal of the Jackowskis' causes of action relating to fraud concerning the fill issue. For the reasons stated above, we affirm the Court of Appeals and remand to the trial court for further proceedings."

"The trial court permitted the Jackowskis to amend their complaint against Hawkins Poe and Johnson to include an allegation of failure to meet statutory duties under 18.86.050(1)(c) and against the Borchelts, Windermere Himlie, and Conklin for fraud and fraudulent concealment of cracks in the basement."


(At left) Vince Himlie, owner and designated broker of Windermere Himlie, who states that he has been honored as "Realtor of the Year." And Windermere Himlie agent Jef Conklin, whose Windermere web page states, "Jef has the experience to make sure your transactions go as smoothly as possible," and "With Jef and Windermere in your corner you can`t help but come out a winner."






Allegations against Homestreet Bank, Windermere Real Estate Services Company, Windermere Real Estate South, and Windermere Mortgage Services Series, LLC., all named as Cross-Claim Defendants:

john jacobi"WSC tracks loan and Title referrals by WRE office and individual agent. ... It is believed that WRE agents are generally ignorant that their "legal fund" is a profit center for the WRE office in which they work. ... 57. John Jacobi [left], majority owner of WSC is also 70% owner of voting shares of stock in WRE South."

"52. It was likely any suit against the Escrow Company would result in a counterclaim against WMSS South and WRE South. 53. Demco did not pursue any claim against the Escrow Company."JUMP TO THE COMPLETE CROSS-CLAIMS HERE

In response to Plaintiff Homestreet Bank's boilerplate Judicial Foreclosure Complaint against former Windermere Franchise Owner and Defendant Michael M. Ratcliffe, Ratcliffe's estranged wife, Co-Defendant and 3rd Party Plaintiff, Joyce M. Feeley, blows the lid off the Windermere / Homestreet partnership in her Answer, Counter-Claims and Cross-Claims, which in part allege:

"44. The WMIA fund runs a substantial surplus each year in excess of $500,000 that is distributed to the WRE office owners. 45. It is believed that WRE agents are generally ignorant that their "legal fund" is a profit center for the WRE office in which they work."

"...Mr. Bennion exerted substantial pressure through Windermere Mortgage Services Series and Mr. Ratcliffe to compel Ms. Feeley to return and re-sign the deed of trust without any qualifier."

1. VIOLATION OF FIDUCIARY DUTIES. Homestreet Bank violated its fiduciary duties when its agent, RICHARD BENNION, overstepped his role as a managing board member and assumed the role of the lender. Homestreet committed this violation when its agent, RICHARD BENNION, assumed the responsibility of making the final decision to fund the Milton property loan despite the numerous underwriting and processing shortcomings of that loan..." (Emphasis added.)

2. RESPA VIOLATIONS. Because WMSS and Homestreet Bank reimburse WSC and discrete WRE offices in relation to the volume of loans they refer, those payments CONSTITUTE AN IMPROPER KICKBACK in violation of CFR 3500.14. ..." (Emphasis added.)

3. CONSPIRACY TO COMMIT BRIBERY. Because WMSS, Homestreet Bank, and the other crossclaim defendants profited from unlawful bribery and the conspiracy to commit such acts, they have acted in violation of 18 U.S.C. 1962 (a) and (c). ..." (Emphasis added.)



GERACI v. HOMESTREET BANK: Is HomeStreet Bank a socially responsible financial institution?




$1,278,418.00 JUDGMENT DEBTOR—WINDERMERE AFFILIATED COMPANY COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND—IS NOW "CW TITLE" OF BELLEVUE AFTER A QUICKIE NAME CHANGE. SHOULD THE PUBLIC TRUST INCOMPETENT WINDERMERE SUBSIDIARY COMPANIES LIKE CW TITLE? Read the original Complaint in the case here. Read the Third-party Answer and Counterclaim here. Read the "$1,278,418.00 plus interest" Agreed Order against Defendant Commonwealth here.

As prior counsel to Plaintiff Seawest Investment, and then later as counsel for Defendant Commonwealth—IN THE VERY SAME CASE—Windermere-Demco lawyer Matthew F. Davis (left) is deposed as a WITNESS: Read his amazingly evasive and equivocal 80-page deposition in which he states, "I was not involved with this transaction at the time that it was negotiated. And as a result, I assumed that a disclosure statement was provided in connection with the initial contract formation... And it, because I was involved so much later than contract formation, IT SIMPLY DID NOT OCCUR TO ME AS A POSSIBILITY IT WOULD NOT HAVE BEEN PROVIDED." (Emphasis added.) Mr. Davis is also well-known for lying to the court and a defendant, and for abusing process through intimidation and coercion in another Windermere case.





Complaint Charges: "The Defendants have engaged in coercion, intimidation..." CASE UPDATE 07/19/2011: Stipulation of Dismissal filed by Intermountain Fair Housing Council. Defendants Steve Osburn and Mary Liese are now listed as employees at Windermere Boise—Access Realty.



Windermere Real Estate Company and its Seattle-Wedgwood Office Broker, Carissa Turbak [Saffel], Sued for Copyright Infringement, False Designation of Origin and Unfair Competition—Violation of the Lanham Act—by Finito Services LLC, dba Sunspot Inns, Resorts & Vacation Rentals. The Complaint Alleges: "Without the permission of Sunspot, Defendants selected, modified and published no fewer than 53 Sunspot photographs in their real estate marketing materials on multiple Internet websites..." Above left: Windermere Real Estate Company Owner John "OB" Jacobi; Windermere Real Estate Company Seattle-Wedgwood Broker Carissa Turbak Saffel.




BK Petition of Windermere Real Estate Capital Group, Inc., Owner Steven Alan Osburn: Total Assets of Steven Alan Osburn (left) $25,804.12; Total Liabilities, $1,368,534.85. Creditor Holding Unsecured Nonpriority Claim, Windermere Services Company, $130,000.00. Download the Osburn Bankruptcy Petition here. Mr Osburn is currently a real estate agent at 43 Forty Three Degrees North Real Estate, Boise, Idaho; M2 Idaho, LLC. Osburn's Windermere Capital Group was sued for Violation of the Fair Housing Act.


BK Petitions of Windermere Real Estate Commencement Associates Owners Dick Beeson and David Sinding: Total Assets of (left) Richard E. Beeson—aka Dick Beeson—and Robin L. Beeson, $556,426.00; Total Liabilities, $2,795,696.00. Download the Beeson Bankruptcy Petition here. Petition States Beeson is Currently a Real Estate Broker at RE/MAX Professionals, Tacoma. Total Assets of (2nd from left) David C. Sinding, $482,600.00; Total Liabilities, $1,952,497.00.


STATE WARRANT FOR UNPAID TAXES #167188A: CATALYST COMMERCIAL PARTNERS INC (a corporation) WINDERMERE COMMERCIAL. Catalyst President Robert Regan (left) was "...Broker/Owner of Windermere Commercial/Metro and the Director of Commercial Real Estate for all of Windermere Real Estate throughout the Western United States..."


WINDERMERE REAL ESTATE BONNEY LAKE - LAKE TAPPS Owner Tom Tollen's Highmark Homes WARRANT NO. 13-00771-SC For Unpaid Construction Compliance Penalties, An Unregistered Contractor, Infraction No. NSLOD00507, Compliance Penalty, Interest, Filing Fees and Surcharges, $3070.00. Satisfaction of Warrant No. 13-00771-SC. Click to Windermere Bonney Lake - Lake Tapps lawsuits here.






Complaint alleges that “…Windermere Real Estate/West Campus, Inc. and Dan Dennis SUPPLIED FALSE INFORMATION to AMERCO in its business transaction…" (Above left and right) Windermere Defendant Dan Dennis, the generic silhouette head of John A. Tidwell, Manager, Owner and Designated Broker of Windermere West Campus.



Windermere Real Estate West Campus Federal Way; Agents Dan Dennis and Cheryl Crutcher Sued by Newport Village Condominium Owners Association for Misrepresentations and/or Omissions of Material Fact, Fraudulent Concealment, and Violation of the Consumer Protection Act.

(Above left to right) Windermere Real Estate/West Campus Federal Way Defendants Broker Dan Dennis and Salesperson Cheryl Crutcher. The generic silhouette of John A. Tidwell, Owner and Designated Broker of Windermere West Campus Federal Way. Complaint alleges "... intentionally and/or negligently  failed to disclose facts regarding known defects and physical hazards..."



Tacoma, Gig Harbor, Federal Way Agent John Siridakis, Sued for Misrepresentation and Violation of RCW 18.86.030(1)(a)(b)(d).

The Complaint in part alleges: "...Defendant John Siridakis knew prior to closing that the City of University Place would not allow the property to be subdivided into additional building lots and knew that Plaintiff were [sic] making the purchase with the express understanding that such subdivision would be allowed..."

From the WindermereWatch e-mailbag: Selling a home the Windermere Way, through bullying female clients with threats, harassment and intimidation...

Windermere Tacoma, Gig Harbor, Federal Way West Campus Agent John Siridakis Review: "Trying to get me and my two young (age 6&7) "kicked out" of our house..."

"This is my third experience with four Windermere agents, three in Gig Harbor and one in Tacoma. These people truly have zero professionalism and worse than that, feel they are entitled to treat their clients as if we work for them not the other way around."

John Siridakis of Tacoma, Gig Harbor, and Windermere Federal Way West Campus, emails HIS OWN CLIENT, HIS OWN CLIENT'S LAWYER, AND HER EX-HUSBAND'S LAWYER to demand "...It is now VERY OBVIOUS that Mrs Seller feels as if she is going to not only Run the ship but steer it as well!..." and "...She needs to be removed from the property via the courts..." CLICK HERE FOR MORE DETAILS




"In Retaliation Windermere Sought to Make the Litigation as Expensive and Time Consuming as Possible to Dissuade Mr. Rodriguez and other Agents from Asserting Claims against Windermere"

"On April 4, 2005, without explanation, Mr. Jacobsen terminated Mr. Rodriguez's agency with Windermere. CP 92. As part of the termination agreement, Mr. Jacobsen reviewed the files for five pending transactions and agreed that Mr. Rodriguez was entitled to one half of the listing commission on those transactions...

In November 2005, however, before the Brady transaction closed, Mr. Jacobsen unilaterally changed the commission disbursement form in a way that eliminated Mr. Rodriguez's share of the listing commission. CP 92; TE 14. Neither Mr. Jacobsen nor Ms. Thompson ever told Mr. Rodriguez of the change or that he would not receive his $16,800 share of the commission from the Brady transaction. CP 94." Windermere Wall Street's Richard "Jake" Jacobsen (shown left).

The peril in being a Windermere agent: Read ex-Windermere agent Roberto Rodriguez's respondent's brief here.



A REAL ESTATE FRANCHISE OWNER'S ULTRA-NIGHTMARE: "...Jacobi decided to open another Windermere office in the territory in which WPCR was operating..."

john jacobiThird Party Complaint Alleges, "Despite Jacobi's contractual obligation to personally guarantee WPCR obligations to Bank of America and demands by WPCR members to do so, Jacobi failed and refused to sign personal guarantees of these obligations," and "On September 14, 2010, Maxwell heard from a real estate agent working at WPCR that the agent had received an email from WSC [franchiser Windermere Services Co.] notifying him WPCR's franchise had been terminated. This notice was sent to WPCR's real estate agents before Maxwell learned of the termination of WPCR's franchise." (Windermere founder John Jacobi, left.)






24 Former Windermere California Offices Drop the Windermere Brand







DON'T EXPECT HONEST, AVERAGE LEGAL COMPETENCE—OR EVEN COMMON DECENCY: Opposing counsel and legal professionals should take note of Windermere Services Company and Demco Law Firm Lying Lawyers and Legal Process Cheats, Paul Stephen Drayna and Matthew F. Davis (shown left, respectively).

These two princes of process abuse file false, prevaricating lawsuits merely to intimidate Windermere victims, coerce unjust settlements, and bankrupt innocent defendants—then they run away and voluntarily dismiss their own action under CR41 just before trial when they fail at forcing an innocent defendant to sign away their speech rights. For proof, click here to read one of the Drayna/Davis/Windermere proposed "settlement" agreements that terminate speech rights, accompanied by Windermere's specious Trade Libel & Defamation Complaint and its CR41Voluntary Dismissal.

Holding lawyers in low esteem has become a national pastime, and absolutely craven characters like Drayna and Davis are just a couple of the many reasons why: They will lie to courts and opposing parties. They will file fallacious and erroneous documents with the court. They will email an opposing party telling them not to hire a lawyer when they have just served that party a lawsuit. They will call a judge's chambers and request more time without informing an opposing party. They'll even file an order for a bench trial when they know a jury trial has been demanded and paid for. Their poor reputations proceed them at court—and consequently—also reflect on those whom they represent before judges and courtroom personnel.

Windermere-Demco must often be compelled by courts to provide or participate in discovery—as in this example. For greater detail on Drayna-Davis misconduct—click here. information on Windermere Services Company's privity with franchises—click here.




Jury Finds Windermere's "Affiliated Service" Business, Commonwealth Land and Title Company of Puget Sound, Negligent, Awards Third-Party Plaintiffs $1,190,000.00...

...Don't risk a sloppy, incompetent home transaction, or a concealed Windermere agent/broker insider referral scam. Commonwealth Land and Title Company of Puget Sound changed its name to "CW Title" as of September 1, 2011: CW Title is just Commonwealth Land and Title Company of Puget Sound by another name. Don't Trust CW Title with your home!

CW TITLE REVIEWS: "I'm still waiting to close on my property because of her lies."

Windermere's Commonwealth Land Title of Puget Sound—AKA CW Title—Sued for Slander of Title and CPA Violation: Dismissal Update



BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, a Texas Limited Partnership; NORTHWEST TRUSTEE SERVICES CORPORATION, a Washington Corporation; COMMONWEALTH LAND AND TITLE OF PUGET SOUND, LLC, a Washington Limited Liability Company; FEDERAL HOME LOAN MORTGAGE CORPORATION, a United States Government Sponsored Enterprise, sued for Wrongful Foreclosure, Violation of the Consumer Protection Act, and other claims.

Complaint alleges: "This is a violation of the Trustee's duty of good faith as provided by statute and a violation of federal statutes."










Current Windermere Real Estate Chino Hills King Realty Group Owner, Richard Michael King, had real estate license "...revoked; provided, however, a restricted real estate broker license shall be issued..." by Department of Real Estate, State of California, when previously operating as Century 21 King Realtors...

...From "In the Matter of the Accusation..." filed by the Department of Real Estate, State of California, June 11, 1998: "The overall conduct of Respondent KING [left], constitutes a failure on his part, as officer designated by a corporate broker licensee, responsible for the supervision and control over the activities conducted on behalf of MDR by its officers, managers and employees as necessary to secure full compliance with the provisions of the Real Estate Law including the supervision of the salespersons licensed to the corporation in the performance of acts for which a real estate license is required.

This conduct is cause for the suspension or revocation of the real estate license and license rights of KING pursuant to the provisions of Sections 10159.2 and 10177(d) of the Code." Mr. King's license was reinstated on August 13, 2002.





Windermere Affiliated Business OLD REPUBLIC HOME PROTECTION COMPANY SUED IN FEDERAL NATIONWIDE CLASS ACTION COMPLAINT alleging, "This case pertains to defendant's uniform, nationwide practice of charging home warranty premiums in connection with the settlement or closing of home mortgage loans in a manner that violates RESPA, specifically Section 8(a), which prohibits, among other things, the giving or accepting of fees in exchange for the referral of any "service involving a federally related mortgage loan" to "any person."


WINDERMERE AGENTS and BROKERS COMPEL SELLERS and BUYERS TO SIGN A FORM: Windermere SoCal's "Affiliated Business Arrangement" in part states:

"This is to give you notice that Windermere Real Estate SoCal has a business relationship with Old Republic Home Warranty, GeoAssurance, Orange Coast Title Company, The Escrow Source, imortgage.com and Mortgage Capital Partners. Windermere Real Estate SoCal and/or certain owners, employees and/or agents of Windermere Real Estate have a direct or indirect ownership interest in Old Republic Home Warranty, GeoAssurance, Orange Coast Title Company, The Escrow Source, imortgage.com and Mortgage Capital Partners. Because of these relationships, this referral may provide a financial benefit to Windermere Real Estate SoCal, its employees and/or agents. DOWNLOAD A PDF COPY OF THE WINDERMERE SOCAL "AFFILIATED BUSINESS ARRANGEMENT" HERE


GERACI v. HOMESTREET BANK: Is HomeStreet Bank a socially responsible financial institution?






john jacobiPUBLIC PREDATORS: Windermere Founder and Chairman, John W. Jacobi (left), and Windermere Services General Counsel, attorney and Jacobi yes-man, Paul Stephen Drayna—a University of Wisconsin Law School alumnus (right)—ruin damaged Windermere customers with marketing lies and the costly, mendacious lawsuits they file against defrauded Windermere victims who speak publicly.

Jacobi and Drayna falsely sue an outspoken party for trade libel and defamation, try to coerce the defendant into a "dark clause" settlement agreement through fear and intimidation, continue to prosecute the bogus action for years at enormous cost to the parties, then run away and voluntarily dismiss their own lawsuit under Civil Rule 41, just prior to trial, when the honest, innocent victim persists in refusing to sign away their speech rights. Is Windermere Real Estate one of Washington's most respected brands?




Windermere Real Estate Bellevue Commons Sued for Unlawful Removal and Exclusion of Plaintiff from the Residence, Negligence, Breach of Statutory Duty, Conversion, and Violation of the Consumer Protection Act. Windermere Bellevue Commons Sales Associate Tony Ferrelli's Alleged Response when Informed of Plaintiff's Missing Personal Property was "Not my problem." The Windermere Bellevue Commons Answer here.

(Left to right) Windermere Bellevue Commons associate Tony Ferrelli, associate Marcus Crane, and Windermere Bellevue Commons owners Courtney Adams, and Amy Adams, whose Windermere web page states "I strongly believe that everyone should be treated with kindness, fairness, caring, and honesty." But does Ms. Adams' definition of honesty include informing the Bellevue Commons clients of Dick and Cecilia Pelascini about their violation of the consumer protection act?





Maria Kalafatich of WINDERMERE PROFESSIONAL PARTNERS, Tacoma, Sued for Negligent Misrepresentation, Fraud and Fraudulent Concealment, Rescission, Violation of the Washington Consumer Protection Act, Professional Negligence / Violation of RCW 18.86.030.


Leslie Walters of WINDERMERE COMMENCEMENT ASSOCIATES, Tacoma, Sued for Professional Negligence /Violation of RCW 18.86.030. Defendants WINDERMERE PROFESSIONAL PARTNERS, LLC, and WINDERMERE COMMENCEMENT ASSOCIATES, INC., Sued for Vicarious Liability Under RCW 18.85.155 as Liable for the Tortius Conduct of Defendants Kalafatich and Walters.



(Left to right) : Windermere Professional Partners' Maria Kalafatich, who states on her Windermere web page that "My clients appreciate my integrity..." Windermere Commencement Associates' Leslie Walters, Windermere Commencement Associates owners David Sinding and Dick Beeson. Windermere Professional Partners owner Michael Robinson.




john jacobiWINDERMERE REAL ESTATE/WALL STREET—Where Windermere Founder John W. Jacobi is listed as Director—PROFITS ON LOAN-CON SCAMMER CHERYL JONET

Recently deceased Windermere Real Estate/Wall Street agent Cheryl Jonet was a judgment debtor and defendant in many legal actions involving lawsuits for mishandling earnest money, the breach of promissory note agreements, and unlawful detainer. Peter Doorish was selling a home in February of 2005, and Jonet was a buyer’s agent. Jonet represented her buyer as being a lawyer, when in reality, the buyer was in fact a clerical employee and the single mother of four children.

Jonet convinced Doorish to provide the buyer a $50,000 loan, with assurances that Windermere lawyers would generate the proper paperwork. But Jonet actually kept the Doorish loan for herself... (Shown left to right) Rich Gangnes is an owner and also the designated broker of Windermere Real Estate / Wall Street; Jake Jacobsen is the managing broker at Windermere Wall Street where both were on duty for the Doorish and Jonet cases; Windermere chairman and founder, John W. Jacobi. CLICK TO THE FULL REPORT HERE.




Windermere Real Estate Bainbridge Island and Associate Broker Debbie Nitsche (left) Sued for Copyright Infringement, Violation of the Lanham Act, and Unfair Competition:


"Without permission of Plaintiff Lawrence, Defendants selected, modified and placed Plaintiff’s photograph as modified in the “Walkthrough Media” video... As part of their video and/or website services, Defendants Clark, Nohre and/or GraphicalData sold and distributed the video to various real estate agents, including without limitation, Debbie Nitsche..."




Washington State Representative Marcie Maxwell is a Windermere Associate Broker who never revealed her knowledge of a home’s septic system defects:


Once again, Windermere escapes the legal responsibility for damages based not upon the merits of a case, but by exploiting our dysfunctional courts; and also through the disingenuous machinations and legal gymnastics of its ethically-challenged and crafty Demco counsel. (Left) Washington State Representative and Windermere Associate Broker, Marcie Maxwell. CLICK HERE TO THIS REPORT


Windermere Agent Recommends Rookie Inspector Who Misses Toxic Mold. (Left) Judy Bigelow, agent for Windermere Real Estate / West Sound, Silverdale. RCW 18.86.030: "Regardless of whether the licensee is an agent, a licensee owes to all parties to whom the licensee renders real estate brokerage services the following duties, which may not be waived: (a) To exercise reasonable skill and care; (b) To deal honestly and in good faith."



Windermere Real Estate Oak Tree and Broker Steve Laevastu Sued for Negligent Misrepresentation and Violation of the Consumer Protection Act. "Defendants Laevastu, on behalf of himself, Windermere and other defendants, misrepresented the history and quality of the Stationhouse to the current owners of Units A, B, and C prior to their purchase of a unit at Stationhouse. These buyers reasonably relied on the representations of Laevatsu and Windermere when they decided to purchase their units." (Left) Broker Steve Laevatsu of Windermere Real Estate / Oak Tree.


UNITED STATES SENATOR MARIA CANTWELL TAKES A WHOPPING $49,200 IN CAMPAIGN CONTRIBUTIONS FROM PUBLIC PREDATOR WINDERMERE REAL ESTATE! (Left) Senator Maria Cantwell, Democrat from Washington State, whose website says she "...is driven by her duty to serve the people..."



cate moyegregoirelucegranlyAfter Nearly 7 Years Producing Commissions for Windermere Services and Windermere Spokane Valley Owner Cate Moye, Convicted Robbery Felon and Shotgun-Shootout Windermere Agent, Nicholas Granly, Mysteriously Disappeared from the Windermere Roster—just as Owner Moye is Nominated for Vice Chair of Washington’s Real Estate Commission.

Did Ms. Moye ever advise ANY of her unsuspecting clients that Mr. Granly might be showing their homes—or grant them the opportunity to deny Windermere agent Granly access to their homes? (Shown left to right) Cate Moye, Owner Windermere Real Estate/Valley, Spokane; Washington State Governor Chris Gregoire; Washington State Department Of Licensing's Director Liz Luce; and Windermere Real Estate/Valley, Spokane's Agent Nicholas Granly.




Bennett Homes (examples left) of Bellevue is Generating Commission Revenue for Public Predator Windermere Real Estate: FOR THEIR OWN PROTECTION, consumers are urged to refuse seeing—OR BUYING—Bennett Homes represented by Windermere Real Estate and Windermere Bellevue Commons. PROTECT YOUR RIGHT to ETHICAL CONDUCT in REAL ESTATE TRANSACTIONS.


National Real Estate Fraud Center—Windermere Real Estate Case Histories:

SOUND BUILT HOMES V. WINDERMERE REAL ESTATE SOUTH: "Accordingly, Sound Built is now entitled to a judgment against Windermere..."


"DUAL AGENCY IS PERILOUS" says Court. "...Windermere did not advise the Lunsfords that it would present the Thomas offer." LUNSFORD v. FRALEY


EARNEST MONEY FORFEITURE: Court rules "...plain language of RCW 64.04.005 does not allow substantial compliance..." CHRISP v. GOLL


Important Washington Real Estate Court Cases:


Svendsen v Stock: Washington Consumer Protection Act Applies to Real Estate Brokers


SOUND BUILT HOMES V. WINDERMERE REAL ESTATE SOUTH: "Accordingly, Sound Built is now entitled to a judgment against Windermere..."


"DUAL AGENCY IS PERILOUS" says Court. "...Windermere did not advise the Lunsfords that it would present the Thomas offer." LUNSFORD v. FRALEY


EARNEST MONEY FORFEITURE: Court rules "...plain language of RCW 64.04.005 does not allow substantial compliance..." CHRISP v. GOLL


An important message to University of Washington administrators, staff and regents about The Windermere Cup, social responsibility, and the University's relationship with John Wood Jacobi and Windermere Real Estate





Court Declares that Windermere "...condoned a rape by a business colleague..."

The incredibly violent and insidious psychological ramifications of rape, connected through an “abusive work environment” serves as an unfortunate—yet credible—subtext for the way in which Windermere Real Estate treats employees and defrauded, damaged customers alike. Windermere’s application of aggressive, wasteful and mendacious litigation to stall and ruin innocent consumers serves as the coercive metaphor of corporate power and arrogance: Windermere has no genuine concern for the damage it has done to families or society, It cares only about how to manipulate the law and the courts to avoid any legal responsibility—and about how to deflect bad PR with disingenuous promotion like "Building Communities" and "The Windermere Foundation."

john jacobi(Left to right) Windermere CEO Geoff Wood (far left) is listed as a Governing Person of Windermere Relocation. Peggy Scott (second from left), also a Governing Person of Windermere Relocation, "... did not give Little any advice about going to the police, and she did not conduct an investigation of Little's complaint..." Windermere attorney Paul Stephen Drayna (third from left) is listed as the registered agent of RELO LLC, the entity name of Windermere Relocation. Windermere Founder John W. Jacobi (fourth from left) along with Gayle Glew (far right) are listed as Governing Persons of Windermere Relocation during the Little case. Glew told Ms. Little he did not want any "clouds in the office," and after she would not accept a pay cut, that she should "...clean out her desk."

All citizens who abhor such treatment of women in the workplace should recall Maureen Little v. Windermere Relocation when choosing real estate services. WindermereWatch visitors will also want to read the United States District Court of Appeals Ninth Circuit's Order and Amended Opinion from the Little case.

THE COURT STATED: "In sum, taking the facts in the light most favorable to Little, because her employer effectively condoned a rape by a business colleague and its effects, Little was subjected to an abusive work environment that "detract[ed] from [her] job performance, discourage[d] [her] from remaining on the job, [and kept her] from advancing in [her] career[ ]."


... "When Little told Glew of the rape, which, according to Glew, was the first he had heard of it, Glew's "immediate response was that he did not want to hear anything about it."  He told Little that she would have to respond to his attorneys. Glew then informed her that he was restructuring her salary from $3,000 monthly to $2,000 monthly plus $250 per closed transaction. The pay reduction was effective immediately and non-negotiable. Bellisario, who was present at that portion of the meeting, appeared "surprised and upset" to Little" ... (COURT'S QUOTE HERE)

... Little found the pay cut unacceptable, and Glew told her to go home for two days to think it over "because he did not want any `clouds in the office.' " When Little still found the pay cut unacceptable two days later, Glew told her it would be best if she moved on and that she should clean out her desk.

... In sum, taking the facts in the light most favorable to Little, because her employer effectively condoned a rape by a business colleague and its effects, Little was subjected to an abusive work environment that "detract[ed] from [her] job performance, discourage[d] [her] from remaining on the job, [and kept her] from advancing in [her] career[ ]." (COURT'S QUOTE HERE)






No. 99-35668


WINDERMERE RELOCATION, INC., a  Washington corporation,

Appeal from the United States District Court  for the Western District of Washington  Robert S. Lasnik, District Judge, Presiding

Argued and Submitted  March 6, 2001--Seattle, Washington

Opinion Filed September 12, 2001
Amended January 23, 2002

Before: Harry Pregerson, Sidney R. Thomas and
Ronald M. Gould, Circuit Judges.

Opinion by Judge Thomas

D.C. No. CV-98-01184-RSL


Marilee Erickson and Danielle A. Hess, Reed McClure, Seattle, Washington, for the appellant. Patrick N. Rothwell, Abbott, Davis, Rothwell, Mullin &  Earle, P.C., Seattle Washington, for the appellee.


The opinion filed on September 12, 2001, is hereby amended. With the amendments, the panel has voted to deny the petition for rehearing and to reject the suggestion for  rehearing en banc.

The full court has been advised of the suggestion for  rehearing en banc, and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed. R. App. P. 35(b).

The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.


THOMAS, Circuit Judge:

Maureen Little ("Little") appeals from an order granting summary judgment on her claims of hostile work environment  and retaliation in violation of Title VII, and wrongful dis- charge in violation of Washington state law. Because genuine issues of material fact exist on these claims, we reverse the  judgment of the district court. We affirm the dismissal of her state law claim of negligent infliction of emotional distress.

Taking the facts in the light most favorable to the plaintiff,  as we must in evaluating the propriety of a grant of summary  judgment, see Ellison v. Brady, 924 F.2d 872, 873 (9th Cir.  1991), the events leading up to this lawsuit occurred as follows:

Little was employed by Windermere Relocation Services, Inc. ("Windermere") as a Corporate Services Manager, a position that required her "to develop an ongoing business relationship and relocation contacts with corporations in order to obtain corporate clients needing relocation services for their employees." Until she was terminated, she received only positive feedback from her supervisors. Windermere's records  confirm that during the relevant period, Little had the best  transaction closure record of all corporate managers by a large  margin.

Unlike the other managers, Little's employment contract provided that Little would receive $2,000 monthly, plus a $1,000 monthly override and $250 per closed sale. The over-ride was based on the assumption that Little would close four  transactions per month, with a provision for rollover when she  did not make target. According to Windermere President Gayle Glew, the other managers had not received the $1,000 override.

One of Windermere's clients was the Starbucks Corporation. Some time in 1997, Little performed some relocation services for Starbucks Human Resources Director, Dan Guerrero, on a contract basis, and she learned from him that Starbucks was dissatisfied with its primary relocation provider. Glew told Little that he would "do whatever it takes to get this account" and that Little should "do the best job she could." Thus, Little believed that, as part of her job, she was to build a business relationship with Guerrero to try to get the Starbucks account, and she had at least two business lunches with Guerrero toward this end.

On October 14, Little accepted Guerrero's invitation to discuss the account at a restaurant. After eating dinner with Guerrero and having a couple of drinks, Little suddenly became ill and passed out. She awoke to find herself being raped by Guerrero in his car. She fought him off and jumped out of the car, but again she became violently ill. Guerrero put her back in the car and took her to his apartment, where he raped her again. Little fell asleep, and when she awoke he was raping her again. Afterward, he showered and drove her to her car.

Little was reluctant to tell anyone at Windermere about the rape because, in her own words, "I knew how important the Starbucks account was to Mr. Glew. Mr. Glew would ask me on a consistent basis the status of the account and I was afraid that if I told him about the rape, he would see me as an impediment to obtaining the Starbucks account." This belief was reinforced when, a few days after the rape, Little reported the rape to Chris Delay, Director of Relocation Services (apparently not one of Little's supervisors), and Delay advised her not to tell anyone in management. Little believed  that Delay feared "what might happen to [Little] if [she] did tell."

On October 23, about nine days after the rape, Little reported it to Peggy Scott, the Vice President of Operations, who was designated in Windermere's Harassment Policy as a complaint-receiving manager. Little described Scott's response:

She came out around the desk and I could tell she was upset and she just gave me a hug and said she wished there was something she could do. She didn't understand what I was going through. She asked me  if I was in therapy. Then she proceeded to tell me she wouldn't say anything to [Glew] unless I proceeded to seek legal action [against Dan Guerrero].

Scott told Little that "[s]he thought it would be best that [Little] try to put it behind [her] and to keep working in therapy," and that she should discontinue working on the Starbucks account. She did not give Little any advice about going to the police, and she did not conduct an investigation of Little's complaint or any follow-up interview with Little. Scott testified in her deposition that, because the rape occurred outside the "working environment," she believed that it fell outside the scope of Windermere's Harassment Policy.

Despite Little's supposed removal from the Starbucks account, Glew continued to ask her about the status of the Starbucks account during the next six weeks. "[As of December 2,] Gayle was asking me questions about Starbucks . . . a couple of times every month to see what the status was." Concerned by Glew's questions, Little told her immediate supervisor, Linda Bellisario, the Vice President of Sales and Marketing, on December 2, 1997, about the rape. Little had been reluctant to tell Bellisario because she "felt that [Bellisario] would immediately go to Gayle and Gayle would terminate my position. . . . I knew how much this account meant to him. He said he would do whatever it took to get this account." Bellisario told Little to inform Glew of the incident.

When Little told Glew of the rape, which, according to Glew, was the first he had heard of it, Glew's "immediate response was that he did not want to hear anything about it."  He told Little that she would have to respond to his attorneys. Glew then informed her that he was restructuring her salary from $3,000 monthly to $2,000 monthly plus $250 per closed transaction. The pay reduction was effective immediately and non-negotiable. Bellisario, who was present at that portion of the meeting, appeared "surprised and upset" to Little.

She told me [later] that she had no idea Mr. Glew was going to cut my salary. It did not appear he had talked with her about my pay structure prior to his making his decision . . . . [She] was crying and she was upset, she said she had no idea that Gayle was going to talk about this at all. And she had no idea he was going to reduce my pay. And that she didn't want me to leave and she didn't know what to do. And she was pretty upset about the whole thing.

Little found the pay cut unacceptable, and Glew told her to go home for two days to think it over "because he did not want any `clouds in the office.' " When Little still found the pay cut unacceptable two days later, Glew told her it would be best if she moved on and that she should clean out her desk.

Little brought suit against Windermere, alleging unlawful discrimination and retaliation in violation of Title VII, 42 U.S.C. § 2000(e), and the Revised Code of Washington § 49.60; wrongful discharge in violation of public policy; and intentional, reckless, and/or negligent infliction of emotional distress. The district court granted summary judgment in favor of Windermere on all four claims. We review the district court's grant of summary judgment de novo . Ellison, 924 F.2d at 873.


Little alleges that Windermere's response to the rape created a hostile work environment in violation of Title VII and the Washington Law Against Discrimination, Rev. C. Wash. § 49.60.180(3). Because Washington sex discrimination law parallels that of Title VII, see Payne v. Children's Home Society of Washington, Inc., 892 P.2d 1102, 1105 (Wash. Ct. App. 1995), it is appropriate to consider Little's state and federal discrimination claims together.

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., prohibits sex discrimination, including sexual harassment, in employment. 42 U.S.C. § 2000e-2(a)(1); Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 65-66 (1986).

When evaluating a claim of sexual harassment based on a hostile work environment, we must determine two things: whether the plaintiff has established that she or he was subjected to a hostile work environment, and whether the  employer is liable for the harassment that caused the environment. See Faragher v. City of Boca Raton, 524 U.S. 775, 787-89 (1998); Nichols v. Azteca Rest. Enters., Inc. , 256 F.3d 864, 871-75 (9th Cir. 2001). Both present mixed questions of law and fact that we review de novo. See Id.  at 871, 875.


To establish that she was subjected to a hostile work environment, a plaintiff must prove that "1) she was subjected to verbal or physical conduct of a sexual nature, 2) this conduct was unwelcome, and 3) this conduct was sufficiently severe or pervasive to alter the conditions of . . . employment and create an abusive working environment." Fuller v. City of Oakland, 47 F.3d 1522, 1527 (9th Cir. 1995) (internal quotations and citation omitted). There is no doubt that Little was subjected to unwelcome physical conduct of a sexual nature; the dispute here centers around the third element: whether the conduct was sufficiently severe or pervasive to create an abusive or hostile work environment. The district court did not make any findings on the severity or pervasiveness of the conduct, but rather found that liability could not be imputed to Windermere, and granted summary judgment on that basis. However, Little does not seek relief based on imputed liability for the rape. Rather, her claim is about whether Windermere's reaction to the rape created a hostile work environment.

Under the third element, to determine whether an environment is sufficiently hostile or abusive to violate Title VII,  we look "at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an  employee's work performance." Clark County Sch. Dist. v. Breeden, _______ U.S. _______, 121 S. Ct. 1508, 1510 (2001) (internal  quotation marks and citations omitted); see Nichols, 256 F.3d at 872. Moreover, "the work environment must both subjectively and objectively be perceived as abusive," Fuller, 47 F.3d at 1527 (citation omitted), and the objective portion of the claim is evaluated from the reasonable woman's perspective. Ellison, 924 F.2d at 879-80.

Little has tendered sufficient evidence to preclude summary judgment on her hostile work environment claim. Guerrero's rape of Little was "severe." Under the circumstances, it would have made a reasonable woman feel that her work environment had been altered: The nature of Little's employment extended the work environment beyond the physical confines of the corporate office. Having out-of-office meetings with potential clients was a required part of the job. The rape occurred at a business meeting with a business client.  However, more significantly, Windermere's subsequent actions reinforced rather than remediated the harassment. Although she had no further contact with Guerrero, Little was  not effectively removed from responsibility for the account. She was informed that reporting the rape would probably result in an adverse employment action, even to the point of jeopardizing her career. When she reported the rape to the President, he immediately decreased her compensation and referred her to corporate lawyers. Windermere disputes the significance of many of these events. However, viewing the facts in the light most favorable to Little, Windermere's failure to take immediate and effective corrective action allowed the effects of the rape to permeate Little's work environment and alter it irrevocably. Thus, genuine issues of material fact exist as to whether the "conduct was sufficiently severe or pervasive to alter the conditions of . . . employment and create an abusive working environment" for Little. Fuller, 47 F.3d at 1527.

The tendered evidence stands in contrast to the circumstances of Brooks v. City of San Mateo, 229 F.3d 917, 924 (9th Cir. 2000). In Brooks, we held that a"single incident" of harassment that was not "severe" and that was followed by immediate corrective action by the employer was not sufficiently "severe or pervasive" to create a hostile work environment. Id. at 925-26. Here, in contrast to the single instance of fondling in Brooks, Little was victimized by three violent rapes. In Brooks, the harassing employee was fired; here, not only was there no remediation, the harassment was arguably reinforced by Little's employer.

A single "incident" of harassment -- and we assume arguendo that three rapes in the course of one evening constitutes a "single" incident -- can support a claim of hostile  work environment because the "frequency of the discriminatory conduct" is only one factor in the analysis. See Harris v. Forklift Systems, Inc., 510 U.S. 17, 23 (1993) (noting that "no single factor is required"). Conduct is actionable if it is either "sufficiently severe or pervasive." Meritor, 477 U.S. at 67 (emphasis added). Indeed, the Supreme Court recently noted that an isolated incident can amount to a "discriminatory change[ ] in the `terms and conditions of employment' " when the incident is "extremely serious." Breeden, _______ U.S. _______, 121 S. Ct. at 1510 (citation omitted). Other circuits have come to a similar conclusion. See, e.g., Tomka v. Seiler Corp., 66 F.3d 1295, 1305 (2d Cir. 1995) (noting that "even a single incident of sexual assault sufficiently alters the conditions of the victim's employment and clearly creates an abusive work environment for purposes of Title VII liability"); Guess v. Bethlehem Steel Corp., 913 F.2d 463, 464 (7th Cir. 1990) (holding that a single incident where supervisor picked up plaintiff and forced her face against his crotch impliedly considered to create hostile environment); cf. DiCenso v. Cisneros, 96 F.3d 1004, 1009 (7th Cir. 1996) ("[Although this single incident was insufficient, we do not] hold that a single incident of harassment never will support an actionable

Rape is unquestionably among the most severe forms of sexual harassment. Being raped by a business associate, while on the job, irrevocably alters the conditions of the victim's work environment. It imports a profoundly serious level of abuse into a situation that, by law, must remain free of discrimination based on sex. Being raped is, at minimum, an act of discrimination based on sex. See Brock v. United States, 64 F.3d 1421, 1423 (9th Cir. 1995) ("Just as every murder is also a battery, every rape committed in the employment setting is also discrimination based on the employee's sex."). Thus, the employer's reaction to a single serious episode may form the basis for a hostile work environment claim.

In sum, taking the facts in the light most favorable to Little, because her employer effectively condoned a rape by a business colleague and its effects, Little was subjected to an abusive work environment that "detract[ed] from [her] job performance, discourage[d] [her] from remaining on the job, [and kept her] from advancing in [her] career[ ]." See Harris, 510 U.S. at 22.


Having determined that Little has presented a triable issue of whether she was subjected to a hostile work environment, we must decide whether Windermere can be liable for the harassment. See Nichols, 256 F.3d at 875; see also Meritor, 477 U.S. at 70-72 (noting that a Title VII plaintiff must also provide a basis for holding her employer liable for the harassment). "The relevant standards and burdens pertaining to employer liability vary with the circumstances." Nichols, 256 F.3d at 875.

In this circuit, employers are liable for harassing conduct by non-employees "where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the conduct." Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754, 756 (9th Cir. 1997); see also Lockard v. Pizza Hut, Inc., 162 F.3d 1062, 1073 (10th Cir. 1998) (adopting Folkerson standard). The Equal Employment Opportunity Commission Guidelines endorse this approach: "An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action." 29 C.F.R.§ 1604.11(e) (emphasis added). Thus, if Windermere ratified Guerrero's rape of Little by failing to take immediate and effective corrective action, it is liable for the harassment.

Windermere's precise remedial obligations are defined by Ellison v. Brady:

[T]he reasonableness of an employer's remedy will depend on its ability to stop harassment by the person who engaged in harassment. In evaluating the adequacy of the remedy, the court may also take into account the remedy's ability to persuade potential  harassers to refrain from unlawful conduct.

924 F.2d at 882 (footnote omitted). In addition,"[i]f 1) no remedy is undertaken, or 2) the remedy attempted is ineffectual, liability will attach." Fuller, 47 F.3d at 1528-29.

As discussed above, Windermere's response to the rape was equivocal at best. Construing the facts in the light most favorable to Little, she was informed that she should "do anything" to get the account; she was advised by a co-worker not to report the incident to top management because it would damage her career; when she reported the rape to her supervisor, she was not effectively removed from the account; and,  when she finally reported the incident to the President, she was demoted and terminated. There is no evidence that Windermere took steps to prevent contact between Little and Guerrero, such as effectively removing Little from the account or informing Starbucks that it must replace the contact it used with Windermere. Because of Windermere's failure to take appropriate remedial measures, Little has raised sufficient genuine issues of material fact as to whether Windermere ratified or acquiesced in the harassing conduct, and we reverse the district court's contrary conclusion.


In sum, Little has raised genuine issues of material fact as to whether Windermere's actions (or inactions) subsequent to Guerrero's rape of Little subjected Little to a hostile work environment. Windermere will be liable for the hostile work environment created at Windermere after Guerrero's rape if a jury finds that it ratified or acquiesced in the rape by failing to take immediate corrective action once it knew or should have known of the rape. Therefore, the district court erred in granting summary judgment on this claim.


Little also alleges that Glew reduced her pay and terminated her in retaliation for reporting the rape in violation of Title VII and the Revised Code of Washington § 49.60.210. Because Washington courts look to interpretations of federal law when analyzing retaliation claims, we again consider Little's state and federal claims together. See Graves v. Dept. of Game, 887 P.2d 424, 428 (Wash. Ct. App. 1994). Genuine issues of material fact preclude summary judgment on this claim.

To establish a prima facie retaliation claim under the opposition clause of 42 U.S.C. § 2000e-3(a), Title VII, Little must show 1) her involvement in a protected activity, 2) an adverse employment action taken against her, and 3) a causal link between the two. See Brooks, 229 F.3d at 928. Title VII provides, in relevant part, that "[i]t shall be an unlawful employment practice for an employer to discriminate against any of his employees . . . because he has opposed any practice made an unlawful employment practice by this subchapter. " 42 U.S.C. § 2000e-3(a). It is unnecessary that the employment practice actually be unlawful; opposition thereto is protected when it is "based on a `reasonable belief ' that the employer has engaged in an unlawful employment practice." Moyo v. Gomez, 40 F.3d 982, 984 (9th Cir. 1994) (emphasis in original, citation omitted).

A prima facie case may be based on direct or circumstantial evidence. Id. "Once a prima facie case has been made, the burden of production shifts to the defendant, who must offer evidence that the adverse action was taken for other than impermissibly discriminatory reasons." Id.  The plaintiff can rebut this by producing "specific, substantial evidence of pretext." Bradley v. Harcourt, Brace & Co., 104 F.3d 267, 270 (9th Cir. 1996). Pretext, too, may be shown by circumstantial evidence, see Wrighten v. Metropolitan Hospitals, Inc., 726 F.2d 1346, 1354 (9th Cir. 1984), but it must consist of "more than a mere refutation of the employer's legitimate reason and [a mere assertion] that the discriminatory reason be the cause of the firing," Wallis, 26 F.3d at 890 (citation omitted).

Little established a prima facie case. The district court correctly found that Little could have reasonably believed that, in reporting the rape to Scott, she was opposing an unlawful employment practice. See Moyo, 40 F.3d at 985. Given Lit tle's belief that her relationship with Guerrero was strictly business, and that she met with him because it was part of her job as a Windermere employee, her belief that Windermere was required to take action in response to his assault of her was eminently reasonable. See, e.g., Fuller, 47 F.3d at 1528-29 (holding that an employer must remedy situation of sexual harassment).

Second, Glew's reduction of her guaranteed monthly base salary from $3,000 (including the override) to $2,000 constituted an "adverse employment action." An "adverse employment action" is "any adverse treatment that is based on a retaliatory motive and is reasonably likely to deter the charging party or others from engaging in a protected activity." Ray v. Henderson, 217 F.3d 1234, 1244 (9th Cir. 2000) (citing EEOC Compliance Manual Section 8, "Retaliation, " ¶ 8008 (1998)). This definition includes actions "materially affect[ing] compensation, terms, conditions, or privileges" of employment. 42 U.S.C. § 2000e-2(a)(1); Kortan v. Cal. Youth Auth., 217 F.3d 1104, 1109 (9th Cir. 2000). A cut in base pay is clearly such an adverse action, despite, as the district court  noted, Little's "hopes and expectations [of her sales and bonuses] for coming months or years." See Ray, 217 F.3d at 1241 (9th Cir. 2000) (noting that "adverse employment action" is defined broadly); see, e.g., Hashimoto, 118 F.3d at 676 (holding that the dissemination of a negative job reference constitutes an "adverse employment action"). And, of course, termination of employment is an adverse employment action; Little has presented triable issues of fact that she was, indeed, fired.

Third, Little has presented evidence that the adverse employment action occurred within minutes of her reporting the rape to Glew. This close timing provides circumstantial evidence of retaliation that is sufficient to create a prima facie case of retaliation. See Passantino v. Johnson & Johnson Consumer Prods., Inc., 212 F.3d 493, 507 (9th Cir. 2000) (noting that causation can be inferred from timing alone); see, e.g., Miller v. Fairchild Indus., 885 F.2d 498, 505 (9th Cir. 1989) (stating that a prima facie case of causation was established when discharges occurred forty-two and fifty-nine days after EEOC hearings); Yartzoff v. Thomas, 809 F.2d 1371, 1376 (9th Cir. 1987) (stating that sufficient evidence existed where adverse actions occurred less than three months after complaint filed, two weeks after charge first investigated, and less than two months after investigation ended).

As required in a retaliation case, Windermere has properly rebutted Little's prima facie case with evidence of a legitimate, non-discriminatory motive for altering Little's pay structure. Glew testified and declared that he had grown increasingly dissatisfied with and concerned by Little's failure to make four closings per month, as contemplated in her employment agreement. Scott and Glew both testified that they met in November to discuss Little's lower-than-expected performance. Glew declared that, after considering the options, he decided to restructure Little's compensation to conform to the base that had been previously given. His decision to terminate her was consistent with his decision to restructure her pay. This evidence establishes a legitimate, non-discriminatory reason for the pay cut.

However, Little has tendered sufficient evidence, in addition to the proximity of events, to rebut this alleged reason. Little testified that, until the pay cut and termination, she had received only positive feedback, and that she never knew of the four-deal-per-month requirement; although her employment contract states so explicitly, she may have received verbal assurances that she believed were superceding. Little averred that it took time to establish business relationships, making it difficult to close four deals per month in her first year as a Corporate Services Manager, and that her supervisors knew that. Further, the data showing Little's superior performance, in addition to Little's belief that her work was more than satisfactory, cast doubt on Glew's decision to cut the pay of the most successful corporate caller Windermere apparently had yet employed, and particularly to make the cut non-negotiable. Little's description of Bellisario's surprise and concern at the pay cut supports this interpretation -- as Little's direct supervisor, Little believed that Bellisario would have been involved in that decision. These facts, together with the proximity in timing, suffice to create a question of fact regarding Windermere's motive in cutting Little's pay and ultimately terminating her employment. "[A] prima facie case is insufficient to preclude summary judgment, a plaintiff need produce `very little evidence of discriminatory motive to raise a genuine issue of fact' as to pretext." Strother v. Southern California Permanente Medical Group, 79 F.3d 859, 870 (9th Cir. 1996) (citations omitted). Thus, summary judgment was inappropriate on this claim.


In addition to her federal discrimination claims, Little has alleged that Windermere wrongfully discharged her in violation of Washington law. Under this Washington tort claim, Little must establish four elements: 1) the existence of a clear public policy (the clarity element); 2)"that discouraging the conduct in which [she] engaged would jeopardize the public policy (the jeopardy element)"; 3) that her public-policy-linked conduct was a substantial factor in (i.e. the cause of) Windermere's decision to discharge her (the causation element)"; and 4) that employers generally do not have an "over-riding justification" for wanting to use the activity as a factor affecting the decision to discharge (the absence of justification element). Ellis v. City of Seattle, 13 P.3d 1065, 1070 (Wash. 2000) (en banc) (quoting Gardner v. Loomis Armored Inc., 913 P.2d 377 ( Wash. 1996) (en banc)); see also Lins v. Children's Discovery Centers of America, Inc., 976 P.2d 168, 172 (Wash. Ct. App. 1999). Genuine issues of material fact preclude summary judgment on the elements of the claim, as well as whether Little resigned or was discharged.

First, Little has established the clarity element required by Washington Law Against Discrimination, Revised Code of Washington § 49.60. In analyzing this element, "courts should inquire whether the employer's conduct contravenes the letter or purpose of a constitutional, statutory, or regulatory provision or scheme." Thompson v. St. Regis Paper Co., 685 P.2d 1081, 1089 (Wash. Ct. App. 1984).

In general, it can be said that public policy concerns what is right and just and what affects the citizens of the State collectively . . . . Although there is no precise line of demarcation dividing matters that are the subject of public policies from matters purely personal, a survey of cases in other States involving retaliatory discharges shows that a matter must strike at the heart of a citizen's social rights, duties, and responsibilities before the tort will be allowed.

Dicomes v. State, 782 P.2d 1002, 1006 (Wash. Sup. Ct. 1989) (en banc) (citation omitted). Little argued that Windermere discharged her because she made a complaint about sexual harassment. The Washington Supreme Court held recently that Revised Code of Washington sections 49.12.200 and 49.60.010 embody a clearly articulated public policy condemning sex discrimination in employment. See Roberts v. Dudley, 140 Wash. 2d 58, 69, 993 P.2d 901, 907 (2000) (en banc) (holding that discharging an employee because she was on maternity leave would violate that policy). Relatedly, discharging an employee because of his opposition to a practice in violation of a public policy forms a cause of action for wrongful discharge. See Ellis, 13 P.3d at 1070. Thus, Little has articulated a clear public policy -- against sex discrimination in employment -- that Windermere's action may have

Little tendered sufficient evidence concerning the second element, namely, that she was "engaged in particular conduct" that "directly relate[d] to the public policy, or [that] was necessary for the effective enforcement of the public policy." Gardner, 913 P.2d at 377 (emphasis in original). In Ellis, after noting that a retaliation claim exists under § 49.60.210, the court found that "the jeopardy prong . . may be established if an employee has an objectively reasonable belief the law may be violated in the absence of his or her action. " 13 P.3d at 1071. As discussed previously, Little has established a reasonable belief that Guerrero had sexually harassed her and that her reporting to Windermere could prevent further harassment. She has therefore established the jeopardy prong of Gardner. Accord Ellis, 13 P.3d at 1071 (firing fireman "for raising questions about the legality of what he was told to do jeopardizes the public policy of following the fire code").

Little has raised a genuine issue of fact as to the third element, namely, whether Windermere's termination of her employment was in retaliation for her report of the rape -- that is, whether her report was a "substantial factor" in Windermere's decision to terminate her.

Finally, Windermere has offered -- and cannot offer -- any general overriding justification for using an employee's report of sexual harassment as a reason to discharge that employee. Cf. Lins, 976 P.2d at 173 (stating that employers have no "overriding justification" for wanting to consider employee's refusal to perform an unlawful order). In fact, Windermere's sexual harassment policy encourages employees to report such behavior and provides a mechanism by which Windermere can correct such behavior.

In sum, Little has established the first two elements of her wrongful discharge claim, and she has raised questions of fact regarding the second two elements. Thus, summary judgment was not appropriate on this claim.


The district court correctly entered summary judgment against Little on her claim for negligent infliction of emotional distress in violation of Washington state tort law. To establish this cause of action, Little "must show (1) that her employer's negligent acts injured her, (2) the acts were not a workplace dispute or employee discipline, (3) the injury is not covered by the Industrial Insurance Act, and (4) the dominant feature of the negligence claim was the emotional injury." Snyder v. Med. Srv. Corp. of Eastern Wash., 988 P.2d 1023, 1028 (Wash. Ct. App. 1999). Like all negligence claims, a negligent infliction of emotional distress claim requires duty, breach, proximate cause, and injury. Hunsley v. Giard, 553 P.2d 1096, 1102 (Wash. 1976). Little also must show objective symptoms of emotional distress. See Corrigal v. Ball & Dodd Funeral Home, Inc., 577 P.2d 580, 582 (Wash. 1978) (citing Hunsley, 553 P.2d at 1103).

However, Washington courts "[do] not recognize a claim against an employer for negligent infliction of emotional distress . . . `when the only factual basis for emotional distress [is] the discrimination claim.' " Robel v. Roundup Corp., 10 P.3d 1104, 1113 (Wash. 2000) (quoting Chea v. Men's Wearhouse, Inc., 932 P.2d 1261 (Wash. 1997)). Here, Little's only factual basis is that "Windermere failed to investigate Ms. Little's complaint, then cut her pay and terminated her employment." This argument formed an integral part of her discrimination claim and the emotional injury she alleges is compensable in her discrimination action. This cause of action is therefore not cognizable under Washington law and the entry of summary judgment was appropriate.


In sum, we reverse the grant of summary judgment and remand for trial Little's claims of hostile work environment and retaliation in violation of Title VII and Washington's Law Against Discrimination and her claim for wrongful discharge in violation of public policy. We affirm the dismissal of her claim for negligent infliction of emotional distress in violation of Washington state tort law.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. The parties shall bear their own costs.




National Real Estate Fraud Center Windermere Real Estate Case History: Windermere Freeland Agents Saul and Gabelein’s Abuse of a Vulnerable Adult

john jacobi

(Above L to R) 1: Utterly shameless liar and bully John W. Jacobi, Windermere founder and chairman who promotes "We are committed to... The highest ethical standards. Uncompromising honesty and integrity," but in reality—despite being presented hard evidence of dishonest, unethical Windermere misconduct—forces damaged and defrauded Windermere victims through years of ruinous, bankrupting litigation. When victims do indeed speak out, Jacobi falsely sues them for trade libel and defamation, tries to coerce the defendant into a "dark clause" settlement agreement through fear and intimidation, continues to prosecute the bogus action for years at enormous cost to the parties, then runs away and voluntarily dismisses his own lawsuit under Civil Rule 41, just prior to trial when the honest, innocent victim persists in refusing to sign away their speech rights. 2: Windermere general counsel, Paul S. Drayna, who spearheads illegal efforts to strip damaged Windermere clients of their speech rights. 3: Attorney John Demco of Windermere's Demco Law Firm, which prosecutes Windermere's anti-speech cases and unabashedly defends the most outrageous Windermere Realtor misconduct—no matter what it is. Demco is also a multi-franchise Windermere owner who defended his one-time mother-and-daughter Windermere Freeland/Whidbey agents, Samantha Saul and Linda Gabelein, about whom the court stated "...the Sauls and Gabeleins unduly influenced and exploited Emma."

(Above L to R) 4: Windermere-Demco Law Firm's lying lawyer, Matthew F. Davis—click here for review of Mr. Davis—who lies to courts and legal opponents alike in an all-out effort to win at any cost. In one particular case of note, Davis served a Windermere victim a lawsuit for libel and defamation, then emailed the victim not to hire an attorney! 5: L 'Nayim Shuman Austin, past Demco Law Firm attorney, ENDICOTT v. SAUL. 6&7: Samantha Saul and Linda Gabelein. 8: Barbara Mearing, current Windermere Freeland employee who got a $7500 commission from the sale of Emma's land: "Ms. Mearing testified that she was aware that the $150,000 sale price was low, but ‘not horribly low’. She also testified that the assessor’s values are not “spot on” and that sometime property sells for less or more than the assessed value. She said that it is always hard to estimate value but that she respected the fact that the seller gets to choose the price that he or she wants." The court later stated,"The court gives Ms. Mearing's testimony little weight."




Ronald ENDICOTT and Donald Endicott, Respondents, v. Robert and Samantha SAUL, husband and wife, and Linda and Vernon Gabelein, husband and wife, Appellants. Emma Endicott, Appellant, v. Ronald Endicott and Donald Endicott, Respondents.

Nos. 58435-9-I, 58531-2-I.

February 04, 2008

John W. Demco,, Demco Law Firm PS, Matthew F. Davis, Attorney at Law, Seattle, WA, H. Clarke Harvey, Attorney at Law, Clinton, WA, for Appellants. Carolyn Cliff, Attorney at Law, Langley, WA, for Respondents. Michael Mert Waller, Zylstra Beeksma & Waller PLLC, Oak Harbor, WA, for Guardian Ad Item Clarke Harvey, Attorney at Law,Clinton, WA, for Other Parties.


¶ 1 Emma Endicott (Emma), Samantha and Robert Saul (the Sauls), and Linda and Vernon Gabelein (the Gabeleins) challenge the trial court's decision to establish a limited guardianship for Emma under the Guardianship Act, chapter 11.88 RCW, and to issue a protective order under the Abuse of Vulnerable Adults Act (AVA), chapter 74.34 RCW. After a ten-day bench trial that took place over the course of three months, the trial court concluded clear, cogent, and convincing evidence established that Emma was at significant risk of personal and financial harm and that the Sauls and the Gabeleins unduly influenced and exploited Emma. Because substantial evidence supports the trial court's determination that Emma is incapacitated as to her person and as to her estate, that Emma is a vulnerable adult under the AVA, and that the Sauls and the Gabeleins exploited and unduly influenced Emma to sell her Whidbey Island view property to them for significantly below fair market value, we affirm.


¶ 2 Emma Endicott is an 80-year-old woman who has lived almost her entire life on Whidbey Island and was married to Orvel “Shorty” Endicott for 43 years. Emma has two sons from an earlier marriage, John Earl (Earl) Fisher and Robert (Bob) Fisher. Shorty and Emma had twin sons, Ronald (Ron) Endicott and Donald (Don) Endicott. Ron and Don lived with Emma and Shorty for most of their lives. Emma's son Earl lives with his family in Seattle. Bob and his spouse Sandy live nearby in the house built by Emma's father.

¶ 3 Emma and Shorty lived in a small neighborhood on Whidbey Island that has scenic views of Mutiny Bay. In 1947, Shorty inherited 24 acres of view property overlooking Mutiny Bay. In 1976, Emma inherited five acres and a one-third interest in her parents' house that is located in the same general area.

¶ 4 During their 43-year marriage, Shorty managed and controlled all the finances and Emma and Shorty lived an extremely frugal life. Emma has never had a checking account or a credit card. Emma also never obtained a driver's license and, until shortly before the trial in this case, did not have a telephone.

¶ 5 Shorty died in 1998, leaving Emma the family home, the 24 acres of view and waterfront property, $114,000 in savings, and $556 per month from his pension benefits. Emma took over managing the finances and the property. After Shorty died, friends described Emma as devastated, lonely, and lost.

¶ 6 Initially, Emma relied on Ron and Don. But increasingly, Emma came to rely on Linda Gabelein and Samantha Saul. Linda is married to Vernon Gabelein. Emma's brother is married to Vernon Gabelein's sister. Linda has two daughters from a previous marriage, Samantha Saul and Dina Thompson. Samantha is married to Robert Saul, who grew up on Whidbey Island with Ron and Don. Linda Gabelein and Samantha Saul own homes in the same neighborhood as Emma and are both real estate agents with Windermere Real Estate (Windermere). Emma testified that Linda is like a daughter to her and that she worships Linda. Emma was also very close to Samantha. In June 2003, Emma executed a durable power of attorney, giving Samantha the authority to make all decisions on her behalf.

¶ 7 It is undisputed that Emma wants to live on her own in her house on Whidbey Island for the rest of her life. When Shorty died, Emma's childhood friend, Frank Robinson, offered to purchase a 445-foot beachfront portion of her property for $660,000. A long-time neighbor, Ray Lotto, later offered to buy most of Emma's property for $1.5 million and give Emma a life estate in her residence. Instead, in three separate real estate transactions, Emma sold the majority of her property to Dina Thompson and her spouse, to the Sauls, and to the Gabeleins. After the three real estate transactions with the Gabelein family members, Emma was left with 13.77 acres, but over a third of it was swamp and marshland.

¶ 8 In September 2001, Emma decided to sell the five acres she inherited from her parents after Earl and Bob Fisher were unable to agree on how to pay expenses for the property.1 After unsuccessfully attempting to sell the property by putting up a for sale sign, Emma asked Samantha, who had recently acquired her real estate license, to list the property for sale.

¶ 9 The assessed value for the five-acre parcel was $82,326. Samantha originally listed the property for sale at $69,500. After two months, Samantha lowered the price to $64,500. When Dina Thompson and her spouse offered to buy the property for $52,000, Samantha acted as a dual agent for her sister and her brother-in-law and Emma. Emma relied on Samantha's advice and accepted the offer of $52,000. The court rejected Samantha's testimony that she did not suggest a price to her sister as not credible. Emma received $45,000 from the sale. Bob and Sandy Fisher were extremely upset that Emma sold the five acres and as a result were estranged from Emma for a number of years.

¶ 10 In February 2002, Emma sold another five acres of waterfront view property to Samantha and Robert Saul for $80,000. The 2001 assessed value of the property was $195,524. Samantha initially denied that she suggested the sales price of $80,000. But at trial Samantha admitted that she did. After purchasing the five acres, the Sauls invested $40,000 to $100,000 in improvements. When the Sauls applied for a home construction loan in July 2004, according to a bank appraisal, the five acre view property was valued at $400,000.

¶ 11 After the Sauls bought the property from Emma, Roy Lotto told Samantha he was willing to pay $1.5 million for the rest of Emma's property and would give Emma a life estate in her residence. Lotto said Samantha told him that she would be able to get the property for him. But in June 2004, Emma signed a purchase and sale agreement with Linda and Vernon Gabelein to sell five acres of prime view property next to the five acres Emma sold to the Sauls for $150,000. There is no dispute that the property was worth $324,000. The “Vacant Land Purchase and Sales Agreement” states that a five-acre parcel will “be created by Buyer paid short plat” with “all other expenses paid by Buyer” and a net purchase price of $150,000. The Addendum states that the “Seller may be selling the property substantially below market value as the property has not been exposed on the open market.” The Addendum also states that because the buyer is a Windermere real estate agent, the agreement was “conditioned on review and approval by Sellers [sic] attorney.” Because Emma's attorney was representing the Gabeleins in another real estate matter, Linda Gabelein arranged for Emma to meet with another attorney about the agreement. Emma's meeting with the attorney lasted approximately 20 to 30 minutes.

¶ 12 In September 2004, Emma and the Gabeleins signed another addendum to the Purchase and Sale Agreement that allowed the Gabeleins to assign their interest in the property to the Sauls and obtain a boundary line adjustment. It is undisputed that the purpose of the boundary line adjustment was to avoid the public notice requirement for a short plat and prevent Ron and Don from learning about the sale before it closed. According to an unchallenged finding, the Sauls and the Gabeleins acted with “deliberate secrecy” throughout this real estate transaction. Before signing the Addendum, Emma met with the same attorney again for about 20 to 30 minutes. Following the boundary line adjustment, Emma was left with a parcel of approximately nine acres, more than half of which is swamp and marshland. The sale closed on May 16, 2005. There is no dispute that, at closing, the property was worth $427,000.

¶ 13 During the evening of June 14, 2005, Emma fell down. Ron drove to Bob Fisher's house to call 911. When the paramedics arrived, Emma refused to go to the hospital. On the morning of June 16, Don found Emma on the floor and halfway under her bed. Ron and Don drove Emma to the hospital. Don said his mother's eyes were glazed, she was confused, and she did not know where she was. When they arrived at the hospital, the hospital personnel determined Emma was not competent to refuse hospitalization. The court concluded it was not likely that Ron and Don would have called 911 if Emma had not fallen, as they claimed. The trial court also concluded that Emma's memory was suspect and “she is suggestible to the memories of others, especially as to what happened the night before she went in to the hospital in June 2005.”

¶ 14 At some point, Samantha notified the hospital that she had the power of attorney for Emma. Samantha also told the hospital social worker that Emma said Ron and Don hit her and that was why she was in the hospital. Samantha was present when the social worker interviewed Emma. Emma told the social worker that she did not remember why she was in the hospital, but that Ron and Don yelled at her a lot, that they were controlling, and they would not let her watch television. That same day, Emma filed a petition for a domestic violence protection order against Ron and Don. The court entered a temporary restraining order requiring Ron and Don to move out of the house.2 When Emma was released from the hospital, she went to live with Bob and Sandy Fisher. Emma lived with the Fishers until December.

¶ 15 On July 11, 2005, Ron and Don filed a petition to establish a guardianship for Emma and for her estate, to obtain a protective order for Emma as a vulnerable adult under the AVA, and to rescind the May 2005 real estate transaction with the Sauls and the Gabeleins. Ron and Don alleged that Emma was incapacitated as to her person and as to her estate, that the Sauls and the Gabeleins exerted undue influence over Emma, and that the Sauls and Gabeleins financially exploited her.

¶ 16 Prior to trial, Emma, the Sauls, and the Gabeleins filed a motion to bifurcate the request to rescind the May 2005 real estate transaction. The Sauls and the Gabeleins also filed a motion to exclude evidence relating to alleged undue influence concerning the 2005 real estate transaction. The court granted the motion to bifurcate the request to rescind the 2005 real estate transaction, but denied the motion to exclude testimony about undue influence related to the transaction.

¶ 17 A ten-day bench trial began in December 2005 and concluded in March 2006. During the course of the trial, the court heard testimony from 36 witnesses and admitted more than 75 exhibits. At the conclusion of the trial, the court issued a 55-page written opinion consisting of 94 separate findings of fact and 26 conclusions of law. The court concluded that Emma was incapacitated as to her person and as to her estate, that Samantha and Linda had a confidential and fiduciary relationship with Emma, that Emma was a vulnerable adult under the AVA, and that the Sauls and Gabeleins unduly influenced and financially exploited Emma. The court appointed Emma's son Earl as a limited guardian with the “goal of allowing Emma to live in her house for as long as possible” 3 and entered a protective order under the AVA prohibiting the Sauls and the Gabeleins from transferring or encumbering the property Emma sold in May 2005.


¶ 18 On appeal, Emma, Samantha and Robert Saul, and Linda and Vernon Gabelein challenge the trial court's determination that Emma is incapacitated as to her person and as to her estate. Emma, the Sauls, and the Gabeleins also contend the trial court erred in shifting the burden to Samantha and Linda to prove lack of undue influence and finding Emma was a vulnerable adult
under the AVA.

Standard of Review

¶ 19 We review the trial court's decision following a bench trial to determine whether the findings are supported by substantial evidence and whether those findings support the conclusions of law. Dorsey v. King County, 51 Wash.App. 664, 668-69, 754 P.2d 1255 (1988). Substantial evidence is the quantum of evidence sufficient to persuade a rational fairminded person the premise is true. Wenatchee Sportsmen Ass'n v. Chelan County, 141 Wash.2d 169, 176, 4 P.3d 123 (2000). In determining the sufficiency of evidence, an appellate court need only consider evidence favorable to the prevailing party. Bland v. Mentor, 63 Wash.2d 150, 155, 385 P.2d 727 (1963). In evaluating the persuasiveness of the evidence, and the credibility of witnesses, we must defer to the trier of fact. Burnside v. Simpson Paper Co., 123 Wash.2d 93, 108, 864 P.2d 937 (1994). “[C]redibility determinations are solely for the trier of fact [and] cannot be reviewed on appeal.” Morse v. Antonellis, 149 Wash.2d 572, 574, 70 P.3d 125 (2003). Unchallenged findings of fact are also verities on appeal. In re Estate of Jones, 152 Wash.2d 1, 8, 93 P.3d 147 (2004); RAP 10.3(g). We review questions of law de novo. Sunnyside Valley Irrigation Dist. v. Dickie, 149 Wash.2d 873, 879-880, 73 P.3d 369 (2003).

¶ 20 The clear, cogent and convincing burden of proof contains two components: (1) the amount of evidence necessary to submit the question to the trier of fact or the burden of production, which is met by substantial evidence; and (2) the burden of persuasion. As to the burden of persuasion, the trier of fact, not the appellate court, must be persuaded that the fact in issue is “highly probable.” Colonial Imports, Inc. v. Carlton Northwest, Inc., 121 Wash.2d 726, 734-735, 853 P.2d 913 (1993).

¶ 21 In determining whether the evidence meets the “clear, cogent and convincing” standard of persuasion, the trial court must make credibility determinations and weigh and evaluate the evidence.

Bland, 63 Wash.2d at 154, 385 P.2d 727.

What constitutes clear, cogent, and convincing proof necessarily depends upon the character and extent of the evidence considered, viewed in connection with the surrounding facts and circumstances. Whether the evidence in a given case meets the standard of persuasion, designated as clear, cogent, and convincing, necessarily requires a process of weighing, comparing, testing, and evaluating-a function best performed by the trier of the fact, who usually has the advantage of actually hearing and seeing the parties and the witnesses, and whose right and duty it is to observe their attitude and demeanor. Bland, 63 Wash.2d at 154, 385 P.2d 727.

¶ 22 Thus, the appellate court's role is limited to determining whether substantial evidence supports the trial court's findings of fact. Bland, 63 Wash.2d at 154, 385 P.2d 727. It is for the trial court, and not this reviewing court, to determine whether the evidence in a given case meets the standard of persuasion designated as “clear, cogent and convincing.” Id.

Limited Guardianship

¶ 23 Emma, the Sauls, and the Gabeleins challenge the trial court's conclusion that Emma is incapacitated as to her person and as to her estate. The standard of proof in a guardianship proceeding is clear, cogent, and convincing evidence. RCW 11.88.045(3). In determining incapacity as to the person, the court must determine whether the individual is at significant risk of personal harm “based upon a demonstrated inability to adequately provide for nutrition, health, housing, or physical safety.” RCW 11.88.010(1)(a). In determining incapacity as to the estate, the court must decide if there is a significant risk of financial harm based upon a demonstrated inability “to adequately manage property or financial affairs.” RCW 11.88.010(1)(b). The guardianship statute authorizes the superior court to appoint a guardian for an incapacitated person.

¶ 24 RCW 11.88.010 provides in pertinent part:

(1) The superior court of each county shall have power to appoint guardians for the persons and/or estates of incapacitated persons, and guardians for the estates of nonresidents of the state who have property in the county needing care and attention.

(a) For purposes of this chapter, a person may be deemed incapacitated as to person when the superior court determines the individual has a significant risk of personal harm based upon a demonstrated inability to adequately provide for nutrition, health, housing, or physical safety.

(b) For purposes of this chapter, a person may be deemed incapacitated as to the person's estate when the superior court determines the individual is at significant risk of financial harm based upon a demonstrated inability to adequately manage property or financial affairs.

¶ 25 Under RCW 11.88.010(1)(c), the determination of incapacity “is a legal not a medical decision, based upon a demonstration of management insufficiencies over time in the area of person or estate. Age, eccentricity, poverty, or medical diagnosis alone shall not be sufficient to justify a finding of incapacity.” In making this determination, the trial court considers evidence from all sources, not just experts. In re Guardianship of Stamm v. Crowley, 121 Wash.App. 830, 841, 91 P.3d 126 (2004).

¶ 26 Here, the trial court concluded clear, cogent, and convincing evidence established that Emma is at a significant risk of personal harm “based on a demonstrated inability to adequately provide for her nutrition, health, or physical safety.”

The court concludes, based on clear, cogent, and convincing evidence, that Emma is at significant risk of personal harm based on a demonstrated inability to adequately provide for her nutrition, health, or physical safety. In the court's opinion, the professionals who have concluded otherwise have not had all of the information that was provided to this court during the trial, having based their opinions primarily on short interviews done months ago.

¶ 27 Substantial evidence supports the trial court's conclusion that Emma is incapacitated as to her person. The trial court found that the unbiased testimony of Emma's neighbors, Don Gulliford and Janet Lotto, was more credible than the testimony of other witnesses. According to the unchallenged testimony of Don Gulliford, he found Emma wandering along a roadside ditch in the summer of 2003, holding a toothbrush. When he stopped to help her, Emma did not appear to know where she was going and “seemed confused and [in need] of assistance.” When Janet Lotto brought Emma food in November 2004 and in December 2004, Emma appeared confused and told Lotto to whisper “because she did not want Vernon Gabelein to know about the food.” And according to the testimony of other witnesses, there were multiple occasions in 2005 when Emma did not recognize people she had known for decades. In addition, the court relied on Frank Robinson's undisputed testimony about Emma. Robinson was a friend of Emma's since childhood and regularly visited her. According to Robinson, in the summer of 2005 and at trial, Emma did not recognize him and acted agitated and confused when he spoke to her.

¶ 28 It is also undisputed that when Emma was hospitalized in June 2005, the hospital personnel determined she was not competent to refuse medical care because she “was disoriented” and confused. Before Emma was admitted to the hospital in 2005, Emma had not been to a doctor or had any medical care for over thirty years.

¶ 29 There is also no dispute that “Emma does not cook, and relies on others for her meals.” And on the occasions when Emma cooked, she burned or undercooked the food or cooked spoiled meat. Emma would also turn the stove on and sometimes forget to turn it off and often dropped her lit cigarettes on the floor without noticing. In addition, the trial court's finding that Emma continued to go through “the garbage at the county boat ramp, even after being advised that it was dangerous because needles from illegal drug use had been discarded there” is unchallenged.

¶ 30 The court considered but expressly rejected the opinion of the psychologist, Dr. Janice Edwards, that Emma did not need a guardian, because the opinion was based on a “short interview[ ] done months ago.”

The court has struggled with these opinions because the court has respect for these professionals. But Dr. Edwards' impressions reflect a two-hour visit at the end of September of 2005.[Her] impressions are widely divergent from what the court observed of Emma over a period from December of 2005 through March 2, [2006], through ten days of trial. Even the guardian ad litem, who testified after Emma, acknowledged that if she were looking at Emma solely based on Emma's testimony in court, that she too might have doubts as to whether Emma needed a guardian.

The court is also mindful that the professionals based their opinions on information gathered when Emma was staying with Bob and Sandy Fisher. But the court concludes that things have changed since Emma moved back into her home alone on December 1, 2005... The court concludes that Emma appears to have gone downhill since she started living alone on December 1, 2005.

In evaluating Dr. Edwards' opinion, the trial court expressly “credit[ed] the information elicited on cross-examination.”

Dr. Edwards is a forensic psychologist who has done over 100 guardianship evaluations. However, the court credits the information elicited during her cross-examination: that she was not aware of much of the evidence provided to the court in this trial. For example, Dr. Edwards was not aware ? that Emma had not been to a doctor in over 30 years until she was hospitalized in June of 2005, that Emma had no preventative checkups or any well health care until the guardianship petition was filed, that Emma had refused emergency medical care, or that Emma was considered not competent to refuse hospitalization when she was admitted to the hospital in June of 2005.

¶ 31 During cross examination, the GAL also admitted that before her investigation was complete and before talking to “Earl Fisher, Emma's oldest son and the proposed guardian; Janet Lotto[; or] Emma's [siblings],” she had already decided that she would not recommend a guardianship.

¶ 32 Emma's trial testimony also supports the trial court's conclusion of incapacity. For instance, Emma's description about what she said when Janet Lotto brought food to her was incoherent:

Q. And you were in court when Janet Lotto described bringing food to you after Thanksgiving and Christmas?

A. Yes.

Q. And you told her to whisper and not to tell Vernon about it. Do you remember Janet saying that?

A. What? No. I know what that was all about. I don't know if I should tell it or not. But she got scared one night and she come up and I should have went with her. I told her afterwards, too, I said, Janet, I should have went with you. Because it was not at night, it was in sort of the afternoon.

And Emma often had difficulty answering simple questions during the trial. For example, when asked “[h]ow long have you had that microwave?” she replied “[s]ince I've been-and you should see the house. They're painting the house inside. Inside. Linda and Sandy, my daughter-in-law, well, Linda, there's-and we were talking about it the other day, we're going to finish painting the inside.” When asked “[w]hat did you believe that the property was worth when you agreed to sell it?” Emma replied “No, I sold it because there was so much junk up there.” Asked about the property that she sold for $150,000 that was worth $427,000, “Emma scoffed and said, ‘It's just sand’.”

¶ 33 The court found Emma was “frail, confused, unsteady, disoriented, childlike, and oftentimes belligerent.” According to the court, while it is not unusual for a person of Emma's age to be forgetful, “Emma's forgetfulness had another element to it. It is not that Emma could not remember something; it is that Emma refused to believe certain things had happened at all. On other occasions, Emma asserted certain information as if it was the truth when she clearly had no memory of the event.” The trial court also clearly rejected the argument that an infection in February caused Emma's sometimes incoherent testimony.4

¶ 34 Emma, the Sauls, and the Gabeleins rely on Elston v. McGlauflin, 79 Wash. 355, 140 P. 396 (1914), to argue the trial court impermissibly relied on its own observations of Emma's behavior at trial as evidence of incapacity in violation of ER 605. Emma, the Sauls, and the Gabeleins specifically challenge findings of fact 76, 92, and 93, claiming they were unable to challenge the court's observations that were not made part of the record.

¶ 35 Finding of fact 76 states:

If Emma did not agree with the testimony from other witnesses, she would make faces of astonishment or bafflement, indicating clearly her disagreement with the testimony. She continued to talk in court, at times so loudly that she would have to be reminded by the court to be quiet. In December of 2005, during the testimony of her sister-in-law, Ruth Gabelein Ohm, Emma laughed, smiled, talked, and looked around as if she was at a social gathering. Emma's attorney frequently had to tell her to be quiet. The court understands that a guardianship proceeding is a difficult time for anyone. But Emma's behavior in court was dramatically different from anyone else that the court has observed in ten years on the bench.

¶ 36 Finding of fact 92 states:

As Ron was testifying, Emma was saying to her attorney, loudly enough for anyone in the courtroom to hear, “That's not true! That's not true!”

¶ 37 Finding of fact 93 states:

In reaching its decision in this case, the court has carefully considered the opinions of the professionals described above: i.e., that Emma is fine. But it is the court's strong impression, and the court finds, that Emma is not, in fact, fine but rather that she is incapacitated. Emma has not appeared to be fine to this court, or to many people who are part of her family or otherwise knowledgeable about her and who have nothing to gain from their testimony about their concerns.

¶ 38 Under ER 605 “[t]he judge presiding at the trial may not testify in that trial as a witness.” In Elston, during the trial in an action to recover damages allegedly caused by negligent construction of an apartment building on a steep slope, the judge visited the site without the knowledge of the parties or counsel. Elston, 79 Wash. at 357, 140 P. 396. On appeal, the court held that the trial court's independent investigation impermissibly denied the parties a fair trial. Elston, 79 Wash. at 359, 140 P. 396. “The court unwittingly became a witness in the case and in some degree, at least, based his judgment upon his own independent experience and preconceived opinion.” Id. Here, unlike in Elston, the trial judge did not conduct an independent investigation or make a decision based upon independent experience and preconceived opinions. And in deciding the incapacity and competency of a witness, the trial court is entitled to draw on its observations of the witness. See Day v. Santorsola, 118 Wash.App. 746, 765, 76 P.3d 1190 (2003); State v. Avila, 78 Wash.App. 731, 735, 899 P.2d11 (1995).

¶ 39 The record also shows that on numerous occasions, the judge noted Emma's inappropriate courtroom behavior. For example, the court admonished Emma “to not make comments out loud during” the testimony of other witnesses. And as finding of fact 93 makes clear, the trial court considered but expressly rejected the expert opinions offered and primarily relied on the trial testimony of disinterested witnesses such as Don Gulliford, Janet Lotto, and Frank Robinson in reaching the conclusion that Emma is at significant risk of personal harm “based on a demonstrated inability to adequately provide for her nutrition, health, or physical safety.” 5

¶ 40 Substantial evidence also supports the trial court's conclusion that “Emma is at significant risk of financial harm based upon a demonstrated inability to adequately manage property or financial affairs.” There is no dispute that Emma wishes to remain in her home as long as possible, but that “Emma is not able to protect her resources to meet her future needs” and her “uni[n]formed decisions will have an enormous impact on her” ability to do so. The parties also do not challenge the finding that Emma “has absolutely no idea of property values or financial planning” or that after months of litigation about the value of the properties she sold “Emma is unaware of the market value of the property that she sold and does not even care.” Although Emma insisted “I know what I sold,” when she finally understood that she was being asked how much the property was worth, she admitted “I don't know. I don't know all that. Jeepers.” Emma also testified that “I forget how many acres I've got left. I had 24 but I don't have that much now. I don't know what all I have.”

¶ 41 In addition, the evidence establishes Emma has difficulty paying bills and is unaware of her finances.6 Emma relies on the bank tellers to make entries in her check register and could not account for the withdrawal of money. Emma did not recognize entries in her checkbook and could not explain the withdrawals from her account in 2004. And according to one of the court's unchallenged findings, “[i]n addition to having unaccounted withdrawals from her savings, Emma has little understanding of ‘investments,’ which also leaves her vulnerable to others.”

¶ 42 Because substantial evidence supports the trial court's findings, we conclude the court did not err in appointing a limited guardianship for Emma to allow her to meet her medical and day-to-day needs and assist her in managing her finances and property.

Abuse of Vulnerable Adults Act Protection Order

¶ 43 Emma, the Sauls, and the Gabeleins also contend that the trial court erred in concluding Emma was a vulnerable adult and entering a protective order under the Abuse of Vulnerable Adults Act (AVA), chapter 74.34 RCW. Relying on former RCW 74.34.110(2),7 Emma, the Sauls, and the Gabeleins assert that the court had to find by clear, cogent and convincing evidence that Emma was a vulnerable adult when she signed the purchase and sale agreement with the Gabeleins in 2004 and the evidence does not support finding Emma was a vulnerable adult in 2004.8

¶ 44 Statutory interpretation is a question of law we review de novo. Western Telepage, Inc. v. City of Tacoma, 140 Wash.2d 599, 607, 998 P.2d 884 (2000). The court's primary goal is “to ascertain and give effect to legislative intent.” State v. Pac. Health Ctr., Inc., 135 Wash.App. 149, 158-59, 143 P.3d 618 (2006). Legislative intent is determined primarily from the statutory language, viewed “in the context of the overall legislative scheme.” Collection Servs. v. McConnachie, 106 Wash.App. 738, 741, 24 P.3d 1112 (2001). If the statute's meaning is plain on its face, we give effect to that plain meaning. Dep't of Ecology v. Campbell & Gwinn, LLC, 146 Wash.2d 1, 9-10, 43 P.3d 4 (2002).

¶ 45 The stated purpose of the AVA is to protect vulnerable adults from abuse, financial exploitation, and neglect. RCW 74.34.110. Under the AVA, the court shall conduct a hearing on a petition for an order of protection and can enter an order to protect the vulnerable adult from exploitation, “not to exceed one year.” Former RCW 74.34.130.

¶ 46 Former RCW 74.34.110(2) provides that: A petition shall allege that the petitioner is a vulnerable adult and that the petitioner has been abandoned, abused, financially exploited, or neglected, or is threatened with abandonment, abuse, financial exploitation, or neglect by respondent.

¶ 47 A “vulnerable adult” is defined as a person “[s]ixty years of age or older who has the functional, mental, or physical inability to care for himself or herself” or is “[f]ound incapacitated under chapter 11.88 RCW” Former RCW 74.34.020(13). The AVA establishes an action for the protection of vulnerable adults in cases of “abandonment, abuse, financial exploitation, or neglect.” The AVA definition of “abuse includes exploitation of a vulnerable adult.” Former RCW 74.34.020(2). “[E]xploitation” is defined as “an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior.” Former RCW 74.34.020(2)(d). According to the statutory definition of “exploitation,” exploitation can only occur when the adult is vulnerable. Under the plain language of the AVA, we conclude the court must find an individual is a vulnerable adult at the time of the alleged exploitation.

¶ 48 Relying on the opinion of Dr. Edwards and the fact that the GAL did not recommend a guardianship, Emma, the Sauls, and the Gabeleins contend the evidence does not support the trial court's conclusion that Emma was a vulnerable adult under the AVA in 2004 when she signed the purchase and sale agreement. Since her husband died in 1998, Emma has been vulnerable to others, who have taken advantage of her desire to please those persons she perceives as being her friends or looking out for her best interests, such as Linda Gabelein and Samantha Saul. Emma has sold property to members of the Gabelein family for a fraction of its value jeopardizing her ability to remain in her home for the remainder of her life.

¶ 49 The testimony of Dr. Edwards and the GAL about Emma's mental capacity “presents one source of information among many, credibility is the province of the judge, and the judge can cast a skeptical eye when called for.” Stamm, 121 Wash.App. at 841, 91 P.3d 126. And the court rejected the opinion of Dr. Edwards as based on spending very limited time with Emma while she was being taken care of by and living with Bob and Sandy Fisher.

¶ 50 In addition, Emma, the Sauls, and the Gabeleins argue that Emma was not a vulnerable adult under the AVA because the GAL “concluded Emma was not an exploited vulnerable adult.” They mischaracterize the GAL's testimony. While the GAL testified that she did not believe the Gabeleins had “purposely done something to hurt” Emma, the GAL's report states that “[n]one of this means that Emma has not been unduly influenced.”

¶ 51 Evidence concerning Emma's incapacity under chapter 11.88 RCW also supports the trial court's conclusion that Emma was a vulnerable adult when she entered into the purchase and sale agreement with the Gabeleins in 2004.9 For instance, in 2003, the same year that Don Gulliford found Emma wandering along a ditch, disoriented and confused, Emma gave Samantha Saul a durable power attorney apparently without realizing it was effective immediately. Emma told Dr. Edwards that “she had made a power of attorney over to Samantha Saul [that] is not in effect, but will become active if she is unable to handle her own affairs.” 10 And as previously described, it is undisputed that by 2004 Emma could not independently manage her finances or take care of herself. And Ron testified that he stopped accepting out-of-town jobs in 2004 because his brother could no longer care for Emma by himself.

¶ 52 On this record, substantial evidence supports the trial court's conclusion that Emma was a vulnerable adult in 2004 under the AVA when she sold the property to the Gabeleins.

¶ 53 Emma, the Sauls, and the Gabeleins also challenge the trial court's conclusion that the Sauls and the Gabeleins exploited Emma by exerting undue influence over her by inducing her to sell her property to them in 2004 at a price far below the market value. They argue that Emma was not exploited because she met with an attorney about the 2004 purchase and sale agreement. But the trial court's unchallenged finding that Emma had “absolutely no idea of property values” supports the court's conclusion that Emma was exploited despite meeting with an attorney. And the unchallenged finding that Emma did not understand the effect of selling her property on her ability to live independently in her home for the rest of her life also supports the conclusion that Emma was exploited, despite meeting with an attorney.

¶ 54 Next, Emma, the Sauls, and the Gabeleins contend the property sale was not a gift and the trial court erred in relying on White v. White, 33 Wash.App. 364, 655 P.2d 1173 (1982), to shift the burden to the Sauls and Gabeleins to prove lack of undue influence. The trial court ruled that Emma made a gift to the Sauls and the Gabeleins. “By selling her property as far below its market value as she has, Emma has, in essence, made gifts to the Sauls and the Gabeleins of substantial value, based on the difference between the sales price and the fair market value of each property.”

¶ 55 As a general rule, the party seeking to set aside an inter vivos gift has the burden of showing the gift is invalid. Lewis v. Estate of Lewis, 45 Wash.App. 387, 388, 725 P.2d 644 (1986). But if the recipient has a confidential or fiduciary relationship with the donor, the burden shifts to the donee to prove “a gift was intended and not the product of undue influence.” Lewis, 45 Wash.App. at 389, 725 P.2d 644; White, 33 Wash.App. at 368, 655 P.2d 1173.11 “[E]vidence to sustain the gift between such persons must show that the gift was made freely, voluntarily, and with a full understanding of the facts. If the judicial mind is left in doubt or uncertainty as to exactly what the status of the transaction was, the donee must be deemed to have failed in the discharge of his burden and the claim of gift must be rejected.” McCutcheon v. Brownfield, 2 Wash.App. 348, 356, 467 P.2d 868 (1970). The donee's burden of proof is clear, cogent, and convincing evidence. Pedersen v. Bibioff, 64 Wash.App. 710, 720, 828 P.2d 1113 (1992). Whether a legal fiduciary relationship exists is a question of law, which we review de novo. S.H.C. v. Lu, 113 Wash.App. 511, 524, 54 P.3d 174 (2002). Whether a confidential relationship exists is a question of fact. McCutcheon v. Brownfield, 2 Wash.App. 348, 356-57, 467 P.2d 868 (1970).

¶ 56 The Sauls and the Gabeleins dispute the trial court's conclusion that Samantha and Linda had a confidential or fiduciary relationship with Emma. “A confidential or fiduciary relationship between two persons may exist either [in law] because of the nature of the relationship between the parties or the confidential relationship between persons involved may exist in fact.” McCutcheon, 2 Wash.App. at 356-57, 467 P.2d 868. A confidential relationship exists when one person has gained the confidence of the other and “purports to act or advise with the other's interest in mind.” McCutcheon, 2 Wash.App. at 357, 467 P.2d 868.

¶ 57 The power of attorney Emma executed in June 2003 that gives Samantha “all of the powers of an absolute owner over [Emma's] assets and liabilities,” including the authority to “[l]ease, sell, release, convey, exchange, mortgage, and release any mortgage on land, and any interest therein,” establishes Samantha had a legal fiduciary relationship with Emma. While Emma, the Sauls, and the Gabeleins argue that Samantha's fiduciary role is irrelevant because she did not purchase the property in 2004, the trial court's finding that her role was critical to the sale is unchallenged-“[t]he Gabelein transaction would not have occurred without the Sauls' participation in a boundary line adjustment.”

¶ 58 Substantial evidence also supports the court's findings that both Samantha and Linda had a confidential or fiduciary relationship with Emma and exerted undue influence over her. It is undisputed that Samantha was involved in all three real estate transactions and, for each transaction, “Emma thought the property was worth a substantial amount less than it was.” Samantha gained Emma's confidence and purported to act in Emma's best interest as her friend, giving advice based on her superior knowledge. For example, Samantha testified that in the 2002 sale, she rejected Emma's proposed price of $52,000 as “too low,” then showed Emma “comparable” property sales records demonstrating that $80,000 was a fair market value.12 But the trial court found $80,000 was a “bargain” price and below fair market value.13

¶ 59 Linda also gained Emma's confidence and purported to advise Emma as her friend and act with Emma's best interests in mind, using her superior knowledge. In the 2004 property transaction, Linda rejected Emma's price as “too low” but told Emma that comparable sales data showed $150,000 was “in the ballpark” of a reasonable price. Yet on appeal, there is no dispute that the property is “some of the best view property on Whidbey Island” and was worth $324,000 in June 2004 and $427,000 when the sale closed in May 2005.14 It is also undisputed that Linda was the listing agent for a house on a small lot in the same neighborhood that sold for only $150,000 around the same time. The trial court noted that this sale also showed that Linda's claim that $150,000 was “in the ballpark” was not credible.

¶ 60 Citing conclusions of law 10 and 17, the Sauls and the Gabeleins also claim the court erred by imposing a fiduciary duty on Samantha and Linda contrary to the laws governing real estate agents.15 Conclusion of law 10 states: Given Emma's age, her lack of sophistication in financial matters, and her almost childlike trust in Samantha and Linda, each of them should have insisted upon getting appraisals and paying fair market value in purchasing property from Emma.

¶ 61 Conclusion of law 17 states:

Samantha had an obligation to advise Emma about the fair market value of the property that Samantha purchased from her before the purchase. Linda had an obligation to advise Emma about the fair market value of the property that Linda purchased from her before the purchase.

¶ 62 It is undisputed that neither Linda nor Samantha acted as Emma's real estate agent for the 2004 real estate transaction. In context, it is clear that the crux of conclusions of law 10 and 17 is not the role Samantha and Linda played as real estate agents but rather their responsibility, because of their close relationship with Emma and Emma's unequivocal trust in and reliance on them, to use their superior knowledge in Emma's best interest.

¶ 63 Because the trial court correctly concluded that Samantha and Linda had a confidential relationship with Emma, as a matter of law they have the burden to prove a gift was not a result of undue influence. In a number of cases, Washington courts have held that below-market sales are gifts. In the Matter of the Estate of McLeod, 105 Wash.2d 809, 814, 719 P.2d 88 (1986) (in the context of the inheritance tax, “the excess of the fair market value above the [amount paid] was a gift”); Glorfield v. Glorfield, 27 Wash.App. 358, 359, 617 P.2d 1051 (1980) (for community property purposes in a dissolution, “sales which were substantially below fair market value” were characterized as gifts). Emma, the Sauls, and the Gabeleins cite no case to the contrary.

¶ 64 The only authority Emma, the Sauls, and the Gabeleins cite to support their argument that the 2004 transaction was not a gift is the introduction to the Washington Administrative Code (WAC) provision regulating taxation of real property transfers. WAC 458-61A-201(1)

Generally, a gift of real property is not a sale, and is not subject to the real estate excise tax. A gift of real property is a transfer for which there is no consideration given in return for granting an interest in the property. If consideration is given in return for the interest granted, then the transfer is not a gift, but a sale, and it is subject to the real estate excise tax to the extent of the consideration received.

But a later example in WAC 458-61A-201(6)(b) explains that the value transferred in excess of the consideration received is a gift:

(ii) Keith and Jean, as joint owners, convey their residence valued at $200,000 to Jean as her sole property. There is no underlying debt on the property. In exchange for Keith's one-half interest in the property, Jean gives Keith $10,000. Keith has made a gift of $90,000 in equity, and received consideration of $10,000. Real estate excise tax is due on the $10,000.

¶ 65 We conclude the trial court did not err in concluding that Emma's sale for well below market value was a gift and in shifting the burden to the Sauls and the Gabeleins to prove undue influence.16

¶ 66 According to one of the court's unchallenged findings of fact, “Emma did not have any idea of the value of the property that she sold to the Gabeleins and still does not.” Emma's lack of expertise in real estate and financial matters is also undisputed. Because Emma never had a full understanding of the facts, the claim of gift must be rejected.

¶ 67 Even if the Sauls and Gabeleins did not have the burden to prove undue influence, substantial evidence supports the court's conclusion that clear, cogent, and convincing evidence establishes “Emma has been exploited by the Sauls and the Gabeleins.” Undue influence can exist “when highly unreasonable consideration is coupled with other inequitable incidents.” Lewis v. Estate of Lewis, 45 Wash.App. 387, 391, 725 P.2d 644 (1986). “Even though no directly false statements are made, if there appears to be a studied effort to produce a false impression upon the mind of the party from whom land is being purchased, this, together with inadequacy of price, will be sufficient to authorize relief.” Downing v. State, 9 Wash.2d 685, 689-90, 115 P.2d 972 (1941).

¶ 68 Here, Samantha and Linda convinced Emma that they were looking out for her best interests by telling Emma her price was “too low,” then suggesting prices that were still egregiously low. Emma was also given misleading “comparable” property sales to lead her to believe that the bargain sale prices were reasonably close to market value.

¶ 69 After the first sale to the Thompsons, the Sauls asked Emma to sell them property.17 While Emma offered to sell the property to the Sauls for $52,000, they agreed to buy it for $80,000. Before trial, Samantha took the position that Don or Emma suggested $80,000 as the purchase price. But at trial, Samantha admitted that she proposed $80,000. However, she claimed that $80,000 was “in the range of what was reasonable” for five acres with a marine mountain view, despite the undisputed evidence that the property was assessed at $195,524 the previous year. And when the Sauls applied for a loan two years later, the bank appraisal valued the property at $400,000.

¶ 70 A few months after the sale to the Sauls, Linda Gabelein testified that she approached Emma about buying another five-acre parcel. During the transaction, Linda also purported to act in Emma's best interest by insisting on paying more than Emma initially offered but then agreeing to a price that was still far below market value. Sometime after the 2004 purchase and sale agreement, an addendum was executed. Linda brought the boundary line adjustment paperwork to Emma to sign. Emma signed at least two versions, including one that lacked a legal description or a map. In the boundary line adjustment that was finally approved, all of the less-desirable marsh and swampland was excluded from the five acres the Gabeleins purchased. The Sauls and the Gabeleins also took steps to ensure Ron and Don did not learn about the 2004 real estate transaction until after closing. Linda Gabelein told a fellow real estate agent that the sale was “hush-hush” and “a really good deal.”

¶ 71 There was also testimony that both the Sauls and the Gabeleins told others they were able to influence Emma. According to one unchallenged finding, Samantha told Ray Lotto that “she was working on Emma, by being nice to her and taking her on trips to Costco, so that she could get a listing on Emma's property that Lotto wanted to buy.” Ray Lotto testified that Samantha thought “given enough time [she would] be able to get this property for” him. Emma's daughter-in-law Sandy Fisher testified that Vernon Gabelein told her that he “could talk Emma into giving Bob Fisher and Earl Fisher her remaining five-acre parcel of property?” 18 And according to the GAL, Linda and Samantha could “get Ms. Endicott to change her mind.” The unchallenged findings also show that Samantha's influence over Emma extended beyond real estate. For instance, when Ron and Don questioned “the prudence of Emma's purchase of a 30-year annuity in 2002, she would not believe that their questions were valid until she had Samantha Saul check out the situation.” And it is undisputed that during Emma's testimony, she “volunteered, ‘[i]f Sam told you that, that's the truth.’ ? As Emma said, if Samantha Saul says it, that's the truth for Emma.”

¶ 72 Substantial evidence also supports the trial court's finding that the undue influence of the Sauls and the Gabeleins over Emma caused her “to act in a way that is inconsistent with relevant past behavior.” 19 Many witnesses testified that Emma was extremely frugal. Emma used to dig through trash to find can labels she could turn in for fifty cents or a dollar. Emma has always worn secondhand clothes she got for free. She did not replace her 50-year-old broken dentures because she did not want to spend the money. Before Shorty's death, the couple had never conveyed any property except when Emma gave her favorite sister Annie the one-third interest she inherited in their parent's home.20

¶ 73 On this record, we conclude the trial court did not err in ruling Emma is a vulnerable adult under the AVA and issuing a protective order preventing the Sauls and the Gabeleins from transferring or encumbering the property she sold to them in 2004.


¶ 74 We affirm the trial court's decision establishing a limited guardianship for Emma and issuing an order of protection for her as a vulnerable adult under the AVA. Substantial evidence supports finding that Emma is incapacitated as to her person and as to her estate, and that the Sauls and the Gabeleins unduly influenced and exploited Emma. As the prevailing parties on appeal, upon compliance with RAP 18.1, Ron and Don are entitled to attorney fees on appeal under RCW 11.96A.150 and RCW


1. There was an understanding in the family that Earl and Bob would inherit Emma's five acres.

2. The court later entered an order of protection against Don because of an unrelated incident a year earlier.

3. The court selected Earl Fisher because he would act in his mother's best interest, he was impartial, and he was not interested in obtaining Emma's money or property.

4. “The court does not attribute Emma's behavior during trial solely to the urinary tract infection. The court observed Emma's behavior for three full days in December of 2005 and two full days in January of 2006, and her behavior was as described above. There is no suggestion that Emma was suffering from a urinary tract infection then. Even if she was suffering from a urinary tract infection, the antibiotics prescribed for her on February 8, 2006, would have been completed on February 13 or 14. Emma's disorientation cleared up with 24 hours when she was at the hospital in June of 2005 for the same condition. The difference between June of 2005 and February of 2006 is that Emma was no longer living with anyone who monitors whether she was taking her medication. Samantha, who took her to the hospital on February 8, testified that she did not know if Emma had finished her medication. Because Emma was diagnosed with two urinary tract infections in such a short period of time, the court questions whether she took all of her antibiotics as prescribed.”

5. And because substantial evidence supports finding Emma incapacitated, any error is harmless.

6. At some point Emma inadvertently let her homeowners' insurance lapse and apparently she often paid bills even when the statements showed a credit balance.

7. In this opinion, the statutory citations to the AVA refer to the version in effect in 2004 and 2005. Effective July 22, 2007, some sections of the AVA were amended in ways that do not affect this appeal.

8. Ron and Don contend the Sauls and the Gabeleins argue for the first time on appeal that the court erred in not addressing whether Emma was a vulnerable adult at the time of the Purchase and Sale Agreement in 2004. But below the Sauls and the Gabeleins took the position that the AVA required proof that Emma was vulnerable when she was allegedly
exploited in 2004.

9. Emma, the Sauls, and the Gabeleins assert the relevant time period was when the purchase agreement for the third sale was signed on June 15, 2004. Ron and Don assert the last exploitation occurred at the closing on May 16, 2005. Because substantial evidence supports finding Emma incapacitated before June 2004, we need not resolve the parties' disagreement about the relevant time period.

10. The court expressly found the psychologist's report of Emma's statement credible.

11. Emma, the Sauls, and the Gabeleins also contend that only the donor may challenge the transaction and that White only applies to a rescission action. But the holding in White is not limited to actions by donors to rescind. See Matter of Estate of Eubank, 50 Wash.App. 611, 619-20, 749 P.2d 691 (1988); Lewis, 45 Wash.App. at 388-89, 725 P.2d 644.

12. Samantha's testimony also supports the challenged finding that Samantha knew Emma did not know the value of the property.

13. This challenged finding is supported by substantial evidence. The property was assessed at $195,524 in 2001, and an appraisal showed the land alone was worth at least $300,000 two years after the Sauls bought it.

14. The court's finding that the appraisal Ron and Don submitted was more credible is unchallenged. According to that appraisal, the five acres was worth $324,000 in June 2004.

15. Because the findings, conclusions, and protective order only relate to the 2004 real estate transaction, we need not address challenges to the findings and conclusions related to the first sale to Dina Thompson and her spouse, who are not parties to this action nor subject to the protective order.

16. The White court also distinguished inter vivos gifts from will contests. In will contests, the initial burden is on the party challenging the testamentary gift. By contrast, with an inter vivos gift the donor “strips himself of that which he can still enjoy and of which he may have need during his life.” White, 33 Wash.App. at 371, 655 P.2d 1173 (quoting Whalen v. Lanier, 29 Wash.2d 299, 312, 186 P.2d 919 (1947)).

17. The court rejected the testimony that Emma approached the Sauls. The trial court relied on Emma's statement to the psychologist that the Sauls asked her to sell them property and “she agreed?” And in the protection order hearing, Emma again stated that the Sauls “c[a]me and asked” about buying the property.

18. Because the trial court found Sandy Fisher's testimony about the sale in 2004 noncredible, Emma, the Sauls, and the Gabeleins assert substantial evidence does not support the trial court's finding that the conversation occurred. But while the court rejected Sandy Fisher's testimony that Emma was not exploited in the 2004 sale as not credible, the court expressly found her testimony about the conversation with Vernon was credible.

19. Former RCW 74.34.020(2)(d).

20. Emma, the Sauls, and the Gabeleins argue that because Shorty always controlled the finances, Emma never had a chance to sell anything or give expensive gifts before he died. But for at least the first three years after Shorty died, Emma continued to live very frugally and did not sell any property. The largest gift Ron remembered Emma ever giving was $75 to her sister Annie on her 75th birthday in 2000.

21. Because we affirm, we also conclude the trial court did not abuse its discretion in awarding Ron and Don attorney fees under RCW 11.96A.150 and RCW 74.34.130.



Windermere Bellevue Commons Associate Brokers Dick and Cecilia Pelascini’s Foreclosure Rescue Ripoff Scam

(L to R) Windermere Bellevue Commons Associate Broker Dick Pelascini and wife Cecilia Pelascini: Still generating commissions for Windermere.


Vila Pace-Knapp owned a home where she resided for many years, but eventually became delinquent on her payments, and started getting written notices of default and pending foreclosure that her home would be sold at an upcoming trustee’s sale. She sought to stave off the trustee’s sale through bankruptcy, but the bankruptcy court dismissed all of her petitions. The attempts at bankruptcy, however, did manage to postpone the scheduled trustee’s sale for many months, but the bankruptcy court’s final order of dismissal prevented her  from filing additional petitions.

At about the period of Pace-Knapp’s initial notices of foreclosure, Windermere Associate Broker Dick Pelascini, and Thomas Boboth of Pacific Shoreline Mortgage, individually approached her at her home. She knew neither of the men, but they were clearly aware of her pending foreclosure. They offered to collaborate with Pace-Knapp in an effort to save her home. Pelascini and Boboth each proffered business cards, identifying each respectively as a broker at a real estate company, and the president of a mortgage company. The pair visited many times over the ensuing weeks, continually offering to help her. Neither man ever stated they wanted to buy her house, or offer her a loan. Pace-Knapp declined their offers of help.

On an evening before the actual trustee’s sale, Pace-Knapp met Pelascini at his real estate office and signed a purchase and sale agreement for her home, a residential lease agreement, and an option to purchase the property from the Pelascinis, two years down the road. The documents were clearly labeled, but Pace-Kanpp did not read them, including the titles. She didn’t realize she’d sold her house to the Pelescinis until signing documents at the closing agent’s office, but still went ahead, and the trustee’s sale did not occur.

Pace-Knapp commenced living in the house under the new lease agreement with the Pelescinis for two and a half years, during which she paid the new owners rent. Then the Pelascinis declined to renew her lease a third time, and subsequently evicted her. She sued Dick and Cecilia Pelascini, Windermere Real Estate Bellevue Commons and Thomas Boboth and Pacific Shoreline Mortgage, for unconscionability, fraud, CPA violations, and intentional infliction of emotional distress. She also sought relief from the sale and attorney fees. The trial court found that Pelescinis were liable for fraud and CPA violations. It ordered rescission of the contract and attorney fees and costs under the Consumer Protection Act. In typical “stalling-the-damage-award-style,” Windermere and the Pelescinis moved for reconsideration, which the trial court denied, so they appealed.

The appeals court said, “The Pelascinis’ argument rests on the false premise that they ' …did help plaintiff save her house,' Simply stated, the point is that they saved her home for themselves so that they would not have to bid at the rescheduled trustee’s sale. The Pelascinis’ practice of preying on this and other vulnerable home owners on the eve of foreclosure is the type of practice likely to deceive future distressed owners in the same manner…. The trial court found that Pelascini and Boboth habitually work together to buy houses on the eve of foreclosure and that they did so in this case… essentially harassing her until she relented and accepted their offer to ‘help.’ …Pelascini and Boboth are likely to repeat this approach and have done so in the past.”

Both Cecilia and Dick Pelascini still work for Windermere. Here is the Court's opinion:



No. 59321-8-I



FILED: March 17, 2008




DICK PELASCINI and CECILIA PELASCINI, husband and wife and their martial community; WINDERMERE


Cox, J. — A plaintiff claiming a violation of the Consumer Protection Act (CPA) must establish (1) an unfair or deceptive act or practice, (2) occurring in trade or commerce, (3) public interest impact, (4) injury to plaintiff in his or her business or property, and (5) causation.1 Here, the trial judge’s unchallenged findings of fact support its conclusion that Dick and Cecilia Pelascini, Thomas Boboth, and Pacific Shoreline Mortgage, Inc. (collectively, “the Pelascinis”) violated the act. However, the trial court’s determination that Vila Pace-Knapp was entitled to rescission for fraud in the inducement of a sale of her property cannot be sustained. We affirm in part, reverse in part, and remand for a determination of damages and attorney fees under the CPA.

1 Hangman Ridge Training Stables, Inc. v. Safeco Title Ins. Co., 105
Wn.2d 778, 780, 719 P.2d 531 (1986).

Pace-Knapp owned and resided in her home in Bellevue for many years. In early 2001, she became delinquent in making payments on the loan that was secured by her property. In June 2001, she received written notices of default and foreclosure indicating that her home would be sold at a trustee’s sale in the near future. She attempted to avoid foreclosure by filing for bankruptcy three times, but the bankruptcy court dismissed all of her petitions. The bankruptcy filings delayed the scheduled trustee’s sale from June to October 2001. In the final order of dismissal, the bankruptcy court prohibited her from filing additional petitions.

Around the time of the initial foreclosure notices, Pelascini and Boboth individually approached Pace-Knapp at her home. She did not know either of them, but they were aware of the pending foreclosure proceedings. They offered to work together to help her “save her home.” Each gave her a business card showing that they were, respectively, a broker at a real estate company and the president of a mortgage company. They visited her many times over the next few weeks and continually offered to help her. They never stated they wanted either to buy her house or to help her by offering her a loan. Throughout this period, she declined their offers of help.

The evening before the final rescheduled trustee’s sale, Pace-Knapp went to Pelascini’s real estate office and signed several documents: a purchase and sale agreement for her home, a residential lease agreement, and an option to purchase the property from the Pelascinis in two years. Although they were plainly labeled as such, she did not read any portion of the documents, including the titles. When Pace-Knapp signed further documents at the closing agent’s office, she first realized she had sold her house to the Pelascinis. Nevertheless, she proceeded with the sale. As a result of this transaction, the trustee’s sale did not proceed.

She lived in the house under lease agreements with the Pelascinis for two and a half years, during which time she paid rent to the new owners. She was evicted when the Pelascinis declined to renew her lease a third time.

Shortly thereafter, she commenced this action, alleging unconscionablility, fraud, CPA violations, and intentional infliction of emotional distress. She sought relief from the sale and/or damages as well as attorney fees.

At a bench trial, the trial court found that defendants’ representations led Pace-Knapp to reasonably believe they were planning a refinance of her home loan. The trial court also found her competent to enter into the contracts that she signed. Nevertheless, the trial court decided that the Pelascinis were liable for fraud in the inducement and CPA violations. It ordered rescission of the contract and attorney fees and costs under the CPA. It appears that the Pelascinis moved for reconsideration, which the trial court denied.

The Pelascinis appeal.


The Pelascinis argue that the trial court erred in concluding that they violated the Consumer Protection Act. Based on the unchallenged findings of fact and the relevant law, we disagree.

The elements of a private CPA claim are:

(1) unfair or deceptive act or practice; (2) occurring in trade or commerce; (3) public interest impact; (4) injury to plaintiff in his or her business or property; [and] (5) causation.[2]

We liberally construe the CPA to serve its beneficial purposes of protecting the public and fostering fair and honest competition.3

The Pelascinis do not challenge any of the trial court’s findings of fact. Therefore, they are verities on appeal.4 We review issues of law de novo.5