Canary-v-Vierra

launched 9/30/2024

This website features an active lawsuit between Bryan Canary and his partner, buyers of Real Property in Monterey County, California, and Robert and Brannon Vierra, a father and son home inspection team that operates a "WIN Home Inspection" Franchise in the Monterey Bay area of California.

The Vierra's created a "pre-sale home inspection report" for a seller's agent and seller that was clearly intended to be given to prospective buyers for Seller Representation statement purposes.

The Vierra's report omitted over $50,000 in material facts and defects in a fraudulent manner that any novice inspector or honest inspector could have called out with ease.

The Vierra's also made fully contradictory statements about their own reporting in numerous places and ways in their own report that many may view as fully fraudulent. Some of the material fact and defect omissions aligned with omissions by the Seller's Agent, the Seller, and a termite inspector, strongly suggestive of a 5 person conspiracy.

2nd Floor Attic - The Vierra's didn't inspect a 1000 sf attic that had $10k in obvious damage in it. They omitted the fact they didn't inspect the 2nd floor attic in their report summary and they worked hard to obfuscate the existence of that separate attic in numerous ways in the report details. Then, a week later, the termite inspector made the exact same omission.

Crawl Space - The Vierra's claimed they were limited to a "head and shoulders" inspection of a 25x25 crawl space, while making no reference to evidence of 12" of prior flooding and $5k in obvious structural damage. Yet, in proximate paragraphs, the Vierra's claimed to have done a sill anchor bolt inspection, a duct work inspection, an insulation inspection, and a stem wall inspection, and an inspection of all wood members, in the exact same crawl space, all of which would have required crawling around the entire space -- and that act would have exposed them to all the facts and defects they had omitted.

What happened here?

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At face value this makes no sense. How or why would a home inspector and his son with over 20 years experience and over 10,000 inspections under their belt get involved with such a scheme for a $555 inspection fee?

For an initial, simple explanation to try to keep your attention until the larger concerns are exposed:

This home was being sold during COVID lock downs.
This home had been subjected to a major "fix up scheme" by the Seller and Seller's Agent.
California, as it turns out, has an extremely corrupt real estate market that is beyond the standards for corruption found around the country -- and they've gotten cover for it from the legal lobby for decades.
It's possible the Seller, Seller's Agent, the Vierra's and others involved were expecting a remote buyer to purchase the home "site unseen" with the support from some faulty inspection reports.

The industry corruption in California stems from real estate contract documents that have been really twisted around since 1985 in a way that provided a lot of "protections" to real estate brokers, their sellers, and support service providers that were not based in law --- but soundly established in false beliefs --- making them almost as powerful.

While the Plaintiffs in this case want you to read into this complaint with a sense of mystery, they felt a glimpse into one aspect of the mystery needed to be shared up front to open your mind -- because what has been transpiring in California Real Estate and other Real Estate markets around the Country is a far larger scandal than most can imagine at this time.

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Buying a home should be a sacred event.

The most important service provider for home buyers and home sellers are Home Inspectors. They are the service provider that is supposed to keep fraud from transpiring.

Unknown to most not in the industry, the corporate real estate brokerage industry over the past 30 years has grown to require Home Inspectors to intentionally omit facts and defects if they want repeat referral business from licensed real estate professionals.

That was a closely held industry secret that will be completely exposed with this publishing, along with several more industry secrets. This may not have a happy ending for many currently in several industries, but it is a story that needs to be told.

The growth of WIN Home Inspections as Franchisor, in parallel with the growth of Corporate Brokerages like Coldwell Banker, Keller Williams, Berkshire Hathaway and others, which started ramping up dramatically in the 1990s, is suggestive of a level of Professional Services Corruption that is now far deeper than ever before.

The WIN Franchising website says a WIN Franchisee can expect to generate $244.000 a year in revenue. It states that is 5x the amount a non-affiliated inspector can expect to make. That website goes on to tout a network of 200,000 realtors they support, and the buy in amount for a franchise is under $55k.

Can you see various inter-connecting problems with this yet?
Might there be more organization to this group than mere occupational selection?

If you try to work as an independent home inspector, you might make $50,000 annually, and you will still find you have to gloss over some defects to keep referrals coming in from real estate professionals.

However, if you get involved with WIN, you can make 5x that amount while relying on the connection to Realtors fostered by WIN at a corporate level.

In this case, this father and son inspection team claims to have done over 10,000 inspections since the 1990s in the Monterey Bay Area.

If this father and son inspection team omitted $50,000 in defects on every inspection they've done since the 1990's, that would total to $500,000,000 in defect omissions in a 25 year career.

That would be over Half a BILLION $'s in defect omissions,
while the inspectors and their franchise may have generated over 5 MILLION in revenues,
from just one inspector team in the past 25 years,
and that's a LOT of reasons for concern...

Original Complaint view

Amended Complaint (Draft) view

See "Legal Docs" menu for much more...

The Plaintiffs currently can not speak to any omissions and misrepresentations in any reports other than the ones provided to them. However, in a dialogue with the real estate agent that engaged the inspectors, he intimated this inspection team overlooked defects when producing reports directly for buyers too.

These inspectors, their Franchise, this Franchising Company, these Realtors, these Brokerage Companies, and everyone else involved in this transaction needed media coverage because

The nature of the frauds evident via their report alone is startling
The Franchisor prides itself on declaring support of over 200,000 realtors
The Franchisor uses their Realtor network as a marketing tool to attract franchisees
The report format being used by these Inspectors by mandate of WIN Corporate, is without a "List Based Report Summary" and other standard features that makes it ripe for committing fraud.
The report contains "disclaimers" and requirements for "confidentiality" that are both obscene and absurd given the role Home Inspectors are stated to play in CA Statutes, as well as via common sense.

A "List Based Report Summary" is the part of a typical home inspection report that everyone relies on for the most critical information from the report.

Oddly, that critical report component is patently absent from their report.

In addition, a designated area in the report to declare 2) un-inspect-able areas 2) key appliances that are not working or that were not tested and 3) the presence or absence of power or hot water is also patently absent as well.

These inspectors used every aspect of an atypical report format to create confusion where clarity was appropriate.

At this time this is only a situation specific lawsuit for $50,000, but obviously there are concerns about systemic franchising fraud related to the use of atypical report formats and improper disclaimers.

If it's discovered the report format used by these inspectors is the format used for many of the WIN inspectors, that leads to concerns about about organized crime at the Franchisor level along with actively training new franchisees and inspectors on how to use an improper and atypical report format for confusion based benefits.

As if that wasn't enough, as this lawsuit started to play out, concerns related to a mysterious third party insurance adjusting company and "legal lobby fixing" was exposed in a manner that supports the idea that WIN Home Inspections may be highly organized to be a "crime pays" commercial model.

While none of this is "good news",
we hope this complaint and this website can help shine some light in places
that seem to be long overdue for proper media exposure too.

COMPLAINT SUMMARY

A lawsuit was filed in Monterey County Superior Court on March 22, 2024. It's related to a 2021 home purchase .

The Plaintiffs in the lawsuit are Bryan Canary and his partner. They were the buyers of Real Estate. They allege over $50,000 in omissions and misrepresentations were included in a pre-sale home inspection report they relied on for bid consideration on an $895,000 home. They allege the omissions were willful and with fraudulent intent.

The Defendants are Robert and Brannon Vierra. They are a father and son home inspection team.

The Vierra's operate a WIN Home Inspection Franchise.

The Vierra's claim to have done over 10,000 inspections in the Monterey Bay since the 1990s.

The Vierra's and their Franchise Business appear to have been geared for serving Real Estate Agents and Sellers in a biased manner that misleads and financially harms Buyers.

The Vierra's were hired to do a "pre-sale inspection" by a Keller Williams Coastal Estates Real Estate Agent .

A "pre-sale inspection report" is generated for 1) "seller education" purposes 2) "seller representation" purposes and 3) "buyer reliance" purposes.

A "pre-sale inspection report" is intended to educate a seller about past and present home conditions they may or may not be aware of, so they know what they are selling. It's intended to give the Seller an opportunity to investigate and correct issues they'd like to correct prior to marketing their home. It's intended to assist a seller with establishing a proper price on their home with condition consideration given. It's intended to protect the seller from committing mis-representation fraud in their marketing and contract formation process.

A "pre-sale inspection report" is intended to inform a buyer of what is being sold, on behalf of the seller. It's intended to help ensure a buyer is educated about a property so they can make a proper and prudent offer, while reducing the chances of being victims of mis-representation fraud.

KEY FACTS AND DISCOVERY TIMELINE

Bryan Canary and his partner were Buyers of Real Property in Monterey County CA in 2021. The property transferred for $895,000. They are the Plaintiffs.
Robert and Brannon Vierra are a father and son Home Inspector duo that did a "pre-sale inspection report" for the Seller's Agent and Seller, six weeks before the home was listed for sale. They are the Defendants.
The full and proper lawsuit title is Canary et al vs Vierra et al. The "et al" trailing each name is the proper way to give reference to Canary's Partner and Robert's son, Brannon Vierra, but that formal name was too long and confusing for a website URL
Robert Vierra owns RLV Inspection Services which is a California Corporation. California Corporations do not have to end with "Inc" or "Corp" as is the case in some other states.
RLV Inspection Services "does business as" WIN Home Inspections Monterey" with a website at https://wini.com/monterey/
WIN Home Inspections Monterey is a franchise for WIN Home Inspections. The Franchisor's website is found at https://wini.com/ and the website used to sell the franchises is found at https://winfranchising.com/
Robert Vierra boasts of having done over 10,000 inspections in the Monterey Bay Area since the 1990's. He does this both on his website and in his inspection report.
The Vierra's , together, executed a "pre-sale" home inspection in January 2021, six weeks prior to a home listing. The report suggests only Robert was there to do the inspection but other communication indicates Brannon was also with him that day. That is a critical fact to verify for numerous reasons.
The Vierra's home inspection report was provided to the Plaintiffs by the Seller's Agent during their bid consideration process. The Plaintiffs relied on the Vierra's inspection report content for material facts about the property. The Plaintiffs over bid on the property as a result of that report.
The Plaintiffs won a competitive bidding process and took title to the home at time of Contract Formation / Contract Ratification per clause 13B of the Purchase Agreement.
Several days after Contract Formation, the Plaintiffs started doing their own home inspections to verify conditions stated in the Vierra's report as well as conditions stated by the Seller and Seller's Agent in other disclosure documents.
Within a matter of seconds, upon entry into the 2nd floor attic, it became apparent the Vierra's had created a fraudulent report.
Within a matter of seconds, upon entry into the crawl space below the first floor, it became apparent the Vierra's had fabricated report findings in a second concealed space as well.
Property defects readily visible to the Plaintiffs with only seconds in the attic and crawl space were quickly estimated to be in the $15,000 to $20,000 dollar range.
Other report omissions were then identified in addition to the Attic and Crawl Space bringing the total for defect omissions to an excess of $50,000.
The report the Vierra's had generated was dripping with misrepresentations. This will make no sense to anyone not in on the real estate industry secrets, but even then, the fact these omissions transpired in a "pre-sale report" will only make sense to those who understand additional industry frauds transpiring in California.
The Plaintiffs are experienced real estate buyers. They've been holders of various industry secrets they'd have rather not possessed, and given the treatment they've received in this process, they decided it was time to tip over this apple cart.

Robert Vierra
Home Inspector

Brannon Vierra
Home Inspector

$50,000 IN OMISSIONS AND MISREPRESENTATION FRAUD masked via a REPORT FORMATTING FRAUD

The "pre-sale inspection report" prepared by the Vierra's included over $50,000 in property condition misrepresentations. That led the buyers to overbid on a property priced at $895,000. While mistakes are made by all Home Inspectors from time to time, these mistakes can not be viewed as a random collection of accidental omissions no matter how hard one tries to do that.

Novice Misrepresentation Mistakes related to major health and safety hazards - The misrepresentations made by the Vierra's were related to explosion hazards, the presence of toxic rodent feces and urine, mold concerns, hot water problems, and major grade related water concerns that should have been easy for novice inspectors to call out, much less highly experienced business owners. Over $15,000 in defects in the attic and crawl space not reported by the Vierra's were evident to a layman within seconds of peering into those spaces.

Conflicting Statements about Inspection Methods - The Vierra's report contains patently conflicting statements about if and how they inspected areas they were supposed to inspect. For example, they didn't inspect a 1000sf second floor attic at all, but that was not mentioned at all in their report summary, nor in the report details in numerous places it should have been noted. For the Crawl Space, they indicated they did a "head and shoulders" inspection of a raised foundation with a 600 sf crawl space. They took photos from the crawl space opening that showed some debris and they suggested much of the crawl was un-inspect able -- but they then indicated they were able to do 1) a sill plate anchor bolt inspection 2) Post and Pier inspections 3) Insulation inspections and 4) pipe and duct inspections in that same crawl space -- all of which would have required crawling around the entire crawl space, juxtaposition to a "head and shoulders" inspection. PROBLEM: If in fact they want to claim the "head and shoulders" statement was the errant statement, and admit they did crawl around the entire crawl space -- they would have easily seen numerous facts suggestive of massive prior flooding under the home that they failed to mention, and their post and pier reporting was fully fraudulent either way, so none of that matters either.

No List Based Report Summary - The report is missing a list based summary. This is a report feature that all home inspection reports should have to make it easy for those who needed to rely on the report to understand summary information in an organized and appropriate manner. A list based report summary typically starts out with a notice of any areas not inspected, and a list of any electrical or plumbing systems that were not testable. It would state what appliances were not tested, and what the most relevant findings were at a glance. Readers of this report have to read every page and every paragraph to "hunt out" the most relevant and critical facts that are included, with no ability to know about the same that were totally omitted.

Reporting Errors happen all the time. Report formats geared to help insincere inspectors hide facts and omissions don't transpire by accident. That type of fraud is by design.

And then there are the conspiracy concerns.

As it turned out, some of the misrepresentations and omission of condition made by the Vierra's were also known to the Seller's Agent and Seller before the report was generated, and they didn't disclose them either.

And then, "miraculously", the pre-sale termite inspector hired by the same real estate agent a week after the Vierras inspection, made identical inspection reporting omissions in the attic and crawl space as the Vierra's. This is suggestive of a five person conspiracy involving the Seller and representatives from three professional service companies.

The "bait and switch" scheme executed with the support of the Vierra's pre-sale home inspection report was not the result of honest accidents.

FOR EXAMPLE -- THE POST AND PIER FRAUD COMBINED WITH BROADER INSPECTION METHODOLGY STATEMENT FRAUDs...

THE POST AND PIER MISREPRESENTATION FRAUD
According to Vierras -- “there were no visible or significant issues visible to the concrete support piers or wood posts in the sub-structure.

Item 1 in the photo on the right points to a flood line that aligns with flood marks around the entire perimeter of the crawl space. The dry rot on the pier indicates it had been exposed to numerous cycles of wet and dry periods, and it was no longer structurally sound. This damage could not have transpired in the 6 weeks between the Vierra's inspection and contract formation.

Either the Vierra's didn't do the inspections they claim to have done, or they did them and fabricated their results.

NOTE: This photo was taken after repairs had been made to the defective post. The girder was jacked up, 3/4 plywood was inserted below the post to correct for height loss, and two hydraulic jacks were installed for additional temporary support.

THE POST AND PIER MISREPRESENTATION IN BROADER CONTEXT OF REPORTING FRAUD...

This image to the right is from page 51 of 52 of the Vierra's report.

This is the section related to the raised foundation / sub-structure / crawl space.

According to this, the method of inspection was "head and shoulder" as if they simply peered into a 600 sf space and took in what they could see from the opening, yet all the information in yellow could only have been properly ascertained by crawling around the entire space.

Yet, if they crawled around the entire space, as these other statements suggest, they would need to explain why they failed to note the flood lines on the walls and wooden posts, the flooding marks around a vent opening, and a 4" pipe that served as a gravity drain system that was seemingly installed to rectify longstanding flooding concerns from years or decades prior.

Their report conflicts speak for themselves, but a reader of the report would only know there were conflicts if they saw the crawl space for themselves.

INDUSTRY SECRETS EXPOSED

This lawsuit exposes very nefarious, long standing home inspector and real estate industry secrets in ways few not in those industries understand today.

All Home Inspectors have incentives from multiple directions to overlook the property defects they are explicitly hired call out. Any inspector who vigorously calls out all property defects properly does not get repeat referral business with the Brokers and Agents who are required to help them get business via referral.

Buyers who are not aware of this industry inversion would have no way to know when the professionals they've hired are omitting the most important and costly facts they hired them to call out or those they were to call out when doing "pre-sale" reports for the sellers.

Buyer inspections are NOT intended to "find" conditions. They are intended to "confirm disclosed conditions". They are a verification process of good faith. The real estate contract formation process is a "trust but verify" process.

In this case, the buyers had retained their rights to verify and that's when this fraud was caught. HOWEVER, in very hot real estate markets, as was the case when they bought, buyers are often given "pre-sale inspection reports" and they sometimes feel the need to then waive their own "verification process" to be competitive. Most real estate agents will advise against this, while simultaneously saying it can make the buyer's offer more attractive --- and without consciously acknowledging that ALL real estate agents in a given transaction are actually working for pay from the Seller --- things can become very confusing and stressful very quickly.

The Home Inspection industry and Real Estate Brokerage Industry may be two of the most corrupt personal service industries in the country right now, and nobody outside the industry knows about the details which make it oh so bad.

In the 1980s and early 1990s, there was no formal home inspection industry. Home Inspections were done by local General Contractors who were doing side work as a service to their local community members. If they blew a deal for being honest, they didn't care, because it was side work and they were just being honest.

In order to "commercially scale" Real Estate Brokerage businesses beyond anything logical given the level of ethics needed to be a reasonable Broker, Corporate Brokerages like Coldwell Banker, Century 21, Berkshire Hathaway, Keller Williams and many others needed access to a pool of home inspectors who would look the other way, when needed, to get deals done. At this time, it appears WIN Home Inspections seems to be a company that was created and/or groomed to fill that Corporate need.

As a result of this lawsuit, additional commercial mysteries and conspiracies related to California Commerce and industries peripheral to real estate sales, including the professional services insurance industry, and the legal lobby have also been exposed.

These mysteries and conspiracies may even shock those involved in lesser versions of home inspection schemes outside of California.

The mysteries presented here need to be solved in order to rectify aspects of Federal and State Politics and Federal and State Commercial issues which are all very connected to the Real Estate Brokerage industry, albeit that connection is not obvious until a suggestion about the relationships are made.

Look at the largest remaining lobbying interests in Washington DC and across every state.

Did you know the US Chamber of Commerce and the National Association of Realtors (NAR) are in fact two of the largest remaining lobbying forces in Washington DC ?

Many of the big industries like the pharmaceutical industry , big ag and banking have changed tactics for government infiltration. They don't lobby anymore. They just buy off politicians and perform regulatory capture regularly.

That has left the National Association of Realtors (NAR) in an odd position now near the top of the lobbying list, with no clear explanation for what it is they actually contribute to societal well being.

If you look under the hood of this "simple lawsuit" with the curiosity and vigor of the Fifth Horseman, the obscene involvement of corrupt Corporate Interests , broken Government oversight systems, and faux Regulatory processes, you can in fact see just how easily it can all be thrown off the tracks with zeal --- and in a way that offers benefits to individuals and our communities which are long overdue.

TARGET AUDIENCE

This website has been launched to share court documents, facts and concerns with:

Buyers in Monterey Bay California who may have been affected by Robert Vierra since the 1990s, and/or his son Brannon Vierra since the late 2010s.
Buyers of WIN Home Inspection services in California and/or across the country since the 1990s
Buyers of Home Inspection services from non WIN Home Inspection purveyors who were also engaging in similar practices
Buyers in California who may have been affected by corrupt Real Estate Brokerage practices found in California that are not the norm in other states
Attorneys seeking business representing harmed buyers -- at individual and class action levels.
Many Parties in States other than California who need to understand what is transpiring in California commerce, so they can then review what may be transpiring at the same or lesser levels in their own states under cover of the National Association of Realtors (NAR) and/or the American Bar Association too.
The media - both alternative and main stream.
Commercial sleuths on social media platforms including Twitter, Tik-Tok, Instagram, and Facebook. We need to see how far they can get with real world commercial mysteries that are playing out in real time today, in ways that requires a digital army to expose.

These mysteries need to be solved quickly to make a difference both in our individual complaint, as well as to benefit communities across the country who should reconsider everything they thought about Professional Home Inspectors, Licensed Real Estate Professionals, the Professional Services Insurance industry, and a gang of insincere Attorneys chartered with legal cover for fraudulent commercial schemes.

When you see what the Attorneys have done to corrupt the legal system, the rest may start to pale in comparison.

WIN Home Inspection - Franchisor Concerns....

The images below are of 1) the WIN Home inspections Franchisor Website, 2) the WIN website dedicated to attracting franchisees, and 3) the Vierra's WIN branded, franchisee website.

The most concerning information in these images below are related to the idea that the WIN Home Inspection Franchises were ranked #1 for home inspectors in 2023 and 2024, and the fact that the average WIN Home Inspector can expect to gross $244,000 per year -- which is 5x the expectations of a non affiliated inspector, per their own advertising.

According to their franchising website, the cost for someone to buy into a franchise is only about $40,000.

It appears WIN websites suggest someone with no building background and no college education could spend $40k to buy into a program that would allow them to generate $240,000 per year in revenues with little to no overhead. Whenever financial spreads like that exist, it can be a hint about darker commerce, and this lawsuit exposes those facts in detail.

THE FIRST LEVEL OF QUESTIONS THAT NEEDS TO BE ASKED and ANSWERED...

Below are questions that needed to be asked and answered first -- we kind of blew through these with the summary above -- but this is what the first questions should have been...

How on earth could two experienced home Inspectors related to a prominent Home Inspection Franchising system make these types of mistakes? The fact that both of them were there that day makes it worse, as one can't say they just had a really, really bad day.
Did the Vierra's use a report template from another home and just forget to make changes to it ? Those types of accidents can happen, right?
Did the Vierra's include content from another home by accident ? Those types of accidents can happen, right?
Did the Vierra's engage in something far, far more sinister that is only currently understood by a group of Rogue Realtors in California that will blow most minds?
Are the Plaintiffs and creators of this website "bluffing" about anything or everything they found?

Anyone who spends a tiny amount of time reading into this material will quickly come to the conclusion that 1) the Plaintiffs are not bluffing and 2) the answer is #4 from above, by a miles and miles, but that then only explains the "what" that happened", and not the "why", which is where this all gets a lot more gnarly.

If you are in the real estate industry outside of California, you know very well that Home Inspectors will under report defects, sometimes in a gross manner, when doing inspections for Buyers after they have ratified a contract. You also know, with that statement alone, we have just exposed a nationwide, industry wide fraud that has never been reported on publicly.

However, if you are in the real estate industry outside of California, you may not be able to process the idea that these home inspectors totally omitted $15k in defects in an easily inspect-able attic and crawl space in ways that any layman, much less another inspector or buyer could see with ease if they peered in -- and that should cause a lot more confusion and concern.

The "why" it happened is where far greater commercial conspiracies need to be exposed and unwound in order to put pressure on California Corporations and California Government systems that are creating and engaging in far larger frauds.

If you are in the real estate industry in California, with any level of experience at all in the industry since 1985, you know EXACTLY what transpired. You also should know, that as a group of 440,000 members, your jig is now up, along with the 260,000 Attorneys who have been covering for and profiting from the multi-decade frauds. (Editors Note: This faded paragraph may be removed when the publishing goes into full distribution, but by then it will be impossible to discern how many millions may have read it. ).

THE DEEPER QUESTIONS AND GREATER CONCERNS with PROFESSIONAL SERVICES INSURANCE AND THE LEGAL LOBBY in mind...

WHO IS NETWORK ADJUSTES INC and does INSPECTOR CLAIM MANAGEMENT even exist as an insurance company?.

Robert and Brannon Vierra committed fraud in the home reporting process. No matter how you want to define fraud you will be able to find it in their reporting by itself.

They made contradictory statements about methods of reporting that would make it impossible to have done the inspections they claim to have executed. They omitted key inspection omissions in their report summaries., etc, etc etc.

Their Attorney initially waived off the fraud as negligence, by stating "mistakes are made all the time", but as you can read and see easily in the report itself, the nature of many of these mistakes are not inline with negligent or accidental behavior.

The Vierra's Attorney in his initial contact with the plaintiffs stated that he had been hired by "Network Adjusters Inc" to provide legal services for the Vierra's.

The plaintiffs found that odd, because they knew that most commercial insurance policies do NOT cover litigation fees for fraud, so who is "Network Adjusters Inc" and who is paying for their services and the Attorney they engaged?

The Vierra's Attorney later stated in a Case Management Conference Document that the Vierra's Insurance company is "Inspector Claim Management", but that they have exemptions for fraud -- just as the Plaintiffs suspected -- again giving rise to the question -- who is "Network Adjusters Inc" and who is paying for their services and the services of the Attorney they engaged?

https://www.networkadjusters.com/

... and just to stir the pot some more, does "Inspector Claim Management" really exist as a company?
We can find no reference to them online...

WHO IS THE VIERRA'S ATTORNEY ? -- HOW DID HE GET SELECTED BY NETWORK ADJUSTERS INC ? -- AND HOW IS HE BEING COMPENSATED FOR HIS WORK ?

The Attorney representing the Vierra's is David Madariaga. He is based in Los Angeles, about 400 miles from the location of the fraud. .
Madariaga is touted as an expert in Home Inspection lawsuits. He claims to support defense for these types of cases in California, Nevada, Arizona and New Orleans. Based on his pedigree, it might be assumed he also consults others on Defense strategies across the country.
The Attorney representing the Vierra's and his paralegal executed a legal document service fraud scheme to kickoff their entry into the litigation process, and from there, they used a plethora of confusion based correspondence that would have driven most Attorneys or individuals in Pro Se out of the case.
The Attorney representing the Vierra's is now asking that a request for"punitive damages" in the prayer of the complaint be waived, as part of a motion to strike, when in fact punitive damage analysis and assessment should only be relevant AFTER the case has been heard and AFTER the facts have been presented to determine if fraud, oppression, and/or malice transpired. With their Prayer for Punitive Damages in their original complaint, the plaintiffs were merely stating they believe fraud transpired , they provided enough initial evidence to suggest it could have transpired, and they were notifying the court and the defendants of potential punitive damage penalties if fraud worthy of punitive damages did transpire -- so why is this motion to strike even a valid way to respond to the complaint ? Or is it valid at all ?

https://www.fowlerlawgroup.com/team/david-b-madariaga/

WHAT THE @#$@#% IS GOING ON?? -- WHO IS PAYING FOR THE VIERRA'S LEGAL SERVICES ? --- WHY ARE THEY PAYING FOR THEM ? --- IS THIS A "CRIME PAYS" SCHEME THAT IS PRAYING ON BUYER TRUST ? -- IS THIS RACKETEERING? -- SHOULD THIS BE ALLOWED ?

Robert and Brannon Vierra committed fraud in reporting, and they are NOT paying directly for their own Attorney's services. Does such a situation give them incentive to commit fraud as part of their inspection services for Brokers, Agents, Sellers, and Buyers ?
WIN Home Inspections, the Franchisor , is not paying directly for the Attorney services for the Vierra's. Does such a situation give them incentive to encourage their Franchisees to commit fraud as part of their inspection services for Brokers, Agents, Sellers, and Buyers?
"Inspector Claim Management" has been named as the Insurance Carrier for the Vierra's and it's been stated that fraud is not covered by insurance, but does that company even exist and do they still get involved in the litigation process when the complaints are for Fraud even though they supposedly don't cover those claims ?
A company called Network Adjusters Inc , seemingly founded in 1957, was engaged by "somebody", and they are seemingly paying for the Vierra's Attorney's services, but there is no outward connection between Network Adjuster's Inc, the Attorney they hired, the Vierra's, WIN Home Inspections, nor Inspector Claim Management...

... so what exactly is going on ?!

AT THIS POINT IN TIME, SOMEONE NEEDS TO ANSWER THESE LARGER QUESTIONS...

Who engaged Network Adjusters Inc?
How were they engaged?
What compensation are they getting for the engagement?
How are they related to the Attorney who was hired?
How is the Attorney being compensated?
Is it possible that WIN Home Inspections, the Franchisor and/or Inspector Claim Management keeps Network Adjusters Inc on a retainer -- and then when lawsuits for fraud are filed, Network Adjusters Inc has a network of Attorneys who work on contingency and get a percentage of any and all of the fraud claim they can suppress?

Example -- Robert and Brannon Vierra were sued for fraud for $50,000 with punitive damages that might approach $150,000 to $250,000 depending on a 3x to 5x multiplier that may apply. Is it possible that WIN Home Inspections might engage in an agreement with Network Adjusters and/or the Attorney that states WIN Home Inspections will pay 30% of the punitive damage potential if the Attorneys can get the punitive damages dropped from the lawsuit one way or another?

We need to figure out who engaged Network Adjusters, Inc, how they were engaged, and what the incentives are for Network Adjusters Inc and the Attorney in this complaint.

We hope you can lend a hand.

Dear Faithful and Dedicated Readers...

9/28/2024

Dear Faithful and Dedicated Readers,

Canary v Vierra is a lawsuit that was filed in the Monterey County California Courts in March 2024.

The Vierra's did a "pre-sale" home inspection for a Seller's Agent, on behalf of an absentee property seller six weeks prior to listing the property.

If you are in real estate professional, you know a Seller's Agent should not have ordered and paid for a home inspection report for a Seller, and you might be able to surmise where this is going with that suggestion alone.
If you are NOT a real estate professional, this case exposes long standing industry secrets which have never been published in such a bold manner. This is the top of a rabbit hole that will grow extremely deep, very fast in ways most can't fathom today.

For now we are going to try to keep the nitty gritty complaint details on the website to a minimum, forcing those who can read to read the court documents.

With time much of the information in the court documents may start to surface on this website with photos to help build a reader base.

If you understood how much money is being paid to Real Estate Brokerage Companies to do very little relevant work to sell a home, you may come to realize the real estate brokerage system is a "front" for a social control group with heavy ties to election manipulation, political party manipulation, and lobbying for selfish and corporate interests.

That is NOT a conclusion that most will ever come to without some suggestions and exposure to facts about the industry but it should be easy to see once it's pointed out, starting with this lawsuit

This website is designed to expose rot and corruption in the home inspection and real estate industry that only those in it know about in detail.

Once that exposure transpires, there are other complaints on file related to this transaction that will add exposure.

The true relevance of the larger class action lawsuits that just rained down on the Real Estate Industry should then start to make mores sense, as should the Department of Justice's current pursuit of the National Association of Realtors (NAR) for anti-trust and racketeering related violations.

If you look through 60 Minutes or 20/20 episodes, you may discover they did not cover concerns about the Real Estate Brokerage Industry, the Corporate Home Inspection Industry or the Home Title Insurance Industry.

Naturally, if they didn't cover it, it's because there was no story to be told, right?

Wrong.

That's how coordinated omissions work. When nobody covers it, you assume it's not relevant and the frauds just go on and on and on.

Millions of citizens and social activists are currently being snowed by the Main Stream Media's decades long omissions of industry wide frauds across our commercial spectrum.

Become an activist. Become a part of the party to end that trend.

Thanks in advance for your support.

b and h