Former owner of Sedona Choppers seek $1.2 million in lawsuit against Remax Sedona and related party

Dec 24, 2007 | Posted by: carljackson | Full story: www.sedona.biz

A recent lawsuit filed by Robert Wasserman and his partner Clarisse Heller on 12/04/2007 in the Coconino County Superior Court demonstrates how the recently completed Uptown construction project and a new competitor next door possibly had serious human and business consequences; and also the potential pitfalls of a dual broker real estate relationship.

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1 - 20 of 89 Comments Last updated Jun 3, 2012
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Since: Dec 07

Wittmann, AZ

#1 Dec 24, 2007
Wow. I wouldn't dare publish an article that makes a local business look bad without any indication the reporter tried to get the other side of the story. I don't have that kind of insurance.
Count Da Money

Portland, OR

#2 Dec 24, 2007
Seems to me to be a crybaby, not getting his own way.

There are many gas stations on 3 corners of an intersection.

There are many restaurants close to each other.

And so on. Nobody can regulate your competition.

Office buildings with many doctors in it, and many lawyers in it do just fine. They don't sue the Realtor because competition starts up nearby.

So a couple of New York Jews move West and are afraid of competition, so what do New York Jews usually do? They sue.
wow

Sedona, AZ

#3 Dec 25, 2007
Really seems like this guy got screwed. Dual Brokers are wrong
Count Da Money

Portland, OR

#4 Dec 26, 2007
If you are not smart enough to have your own broker, then you deserve what you get.

The seller's broker does not work for the buyer.

The buyer needs their own broker- and lawyer.

The problem is not about the broker anyway, it is about competition in the same field. Nobody can stop competition. If your competition beats you in your field, that's too bad. That's business.

The broker should not be sued, but the New York Jews don't know anything except sueing whoever they can.

Their store called "Sedona Choppers" only sold clothing and accessories. The other store sold motorcycles, plus clothing and accessories.
Thomas Jefferson

Sedona, AZ

#5 Dec 27, 2007
The story is about disclosing the construction project not competition, you fuckig hillbilly. The Broker worked for both sides in this case. Both stores only sold motorcycle clothing only. If you were moving cross country from that white trash trailer park you live in wouldnt you want your broker to be honest with you and tell you important things, like there no KKK clan there?
P.S. Jesus was a Jew

Since: Dec 07

Tempe, AZ

#6 Dec 27, 2007
How many of Uptown 100-or-so merchants went out of business because of the construction project? I'm only aware of this one.
Beware Of Remax Sedona

Sedona, AZ

#7 Jan 3, 2008
Unethical Dual Brokers with No Business Credentials or Licence, Not Disclosing Important Information and Not Suppling Any Disclosure Statements To Potential Buyers. Destroying Peoples Lives Over A Commission Pay Check.

Since: Dec 07

Fountain Hills, AZ

#8 Jan 3, 2008
The company's license checks out with the Arizona Department of Real Estate. There are no complaints recorded against the company or the agent named in the civil suit.

If you have information to support your accusations, please contact me through my profile. You may remain anonymous, however, I need verifiable information to follow up with.
Robert Wasserman

Sedona, AZ

#9 Jan 4, 2008
the broker has no business designation and never disclosed IN WRITINGas requiredArizona state LAW R4-28-1101. This broker Harry Christie Did Not disclose IN WRITING OR ANY OTHERWAY ASREQUIRED the following;
1) No business training or certiedbusiness broker
2) Uptown project
3) Harley Davidson
4) Lease Disputes
I have witnesses, Proof and most important NO Disclosures not verbally or in Writing as required by law. Big Press Releases Nationwide Next Week.
Robert Wasserman

Sedona, AZ

#10 Jan 4, 2008
Keep in mind NO DISCLOSURESWERE EVER GIVEN BY THIS DUAL AGENT

http://www.azsos.gov/Public_Services/Title_04... .

Harry Christie and REMAX Violated the following
R4-28-1101. Duties to Client

A. A licensee owes a fiduciary duty to the client and shall protect and promote the client's interests. The licensee shall also deal fairly with all other parties to a transaction.

B. A licensee participating in a real estate transaction shall disclose "in writing" to all other parties any information the licensee possesses that materially or adversely affects the consideration to be paid by any party to the transaction, including:

H. The services that a salesperson or broker provides to a client or a customer shall conform to the standards of practice and competence recognized in the professional community for the specific real estate discipline in which the salesperson or broker engages. A salesperson or broker shall not undertake to provide professional services concerning a type of property or service that is outside the salesperson's or broker's field of competence without engaging the assistance of a person who is competent to provide those services, unless the salesperson's or broker's lack of expertise is first disclosed to the client "in writing" and the client subsequently employs the salesperson or broker.

REMAX and Harry Christie are Clearly Wrong here and they are not even disputing these claims, how could they there are NO DISCLOSURE Documents for them to defend themselves. This is ALL the Truth, Nothing But The Truth and I will Fight the Corporate Giant and Harry Christie until my last breathe.

Look for Coast to Coast Coverage Next Week, remember Im from New York City, there press is also interested.
Robert Wasserman

Sedona, AZ

#12 Jan 4, 2008
Any more questions Id be Happy to Answer, you see when your telling the truth and have nothing to hide, as I do, I will comment freely and openly and most importantly honestly. I moved from New York after living and working thru 9/11 for a little peace and quiet in a nice place and what wereceived was nothing short or a Nightmare. The locals saw the "Suckers" from New York coming and we were screwed, why do you sound hostile twords our situation. Money is not the issue here its real people like me and you getting screwed while putting your full trust into them. We were taken advantage of and I will fight for what is Right. Remember this COULD happen to anyone, even you one day!!! Happy New Years Rob
Robert Wasserman

Sedona, AZ

#13 Jan 4, 2008
Check out the lastest issue of the Sedona Biz (Front Page)

http://www.sedona.biz/sedonabiz12-31-2007.pdf

Since: Jan 08

Sedona, AZ

#14 Jan 4, 2008
COUNT 1 – BREACH OF CONTRACT
7. Plaintiffs further state that Harry Christie breached his agreement to represent the Plaintiffs.
8. The breach of the agreement was Harry Christie’s failure to research and determine that the business being purchased by the Plaintiffs was subject to a series of events that would cause the business to ultimately fail.
9. That in the ordinary course of business, Harry Christie should have known that the disclosure of that information to the Plaintiffs was critical.
10. That Harry Christie was at that time a duel agent representing both Buyer and Seller and that as a result, breached his fiduciary obligation to the Buyers.
11. That the Buyers as Plaintiffs request that the Court find this breach of contract and that following the entry of said judgment, award attorney fees in accordance with A.R.S.§12-341.01.
WHEREFORE, the undersigned requests that the Court find judgment against the Defendant Harry Christie/Remax for breach of contract in this matter and award all damages flowing from the breach of said contract.

COUNT II
Plaintiffs reallege paragraphs 1 through 11.
13. That Harry Christie, as a result of a written agreement and the Arizona Administrative Code, had a fiduciary obligation to the Plaintiffs in this matter.
14. Harry Christie breached their fiduciary relationship by putting the interests of the seller (who was not a party to this action) ahead of those of the Plaintiffs, thereby causing the Plaintiffs damage.
15. That the failure by Harry Christie was a failure to disclose important evidence and other matters necessary for the Plaintiffs to have made a reasonable view of the business purchase they were making.
WHEREFORE, the undersigned the Court enter an Order finding judgment against the Defendants for an amount sufficient to compensate them including, but not limited to, punitive damages.

Since: Jan 08

Sedona, AZ

#15 Jan 4, 2008
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF COCONINO

ROBERT WASSERMAN, a single person, and CLARISSE HELLER, a single person,

Plaintiffs,

v.

HARRY M. CHRISTIE and JANE DOE CHRISTIE, and REMAX SEDONA,

Defendants.
)
)
)
Case No.: S-0300-CV-20070791

COMPLAINT (Breach of Contract)

Since: Jan 08

Sedona, AZ

#18 Jan 4, 2008
We will be organizing a Petition Drive Against Unethical Business Practices at Remax, a Motorcycle Run Rally through Town and also a Picket Remax Day. Were going to keep this in the Press until justice prevails!!!

Since: Jan 08

Sedona, AZ

#20 Jan 5, 2008
any more questions Cyndy? I will invite you to our "BikeIn" when a 100 of my biker buddys are going to ride thru Sedona superbowl Saturday ending in the parking lot of Remax.......::should be lots of superbowl visitors to see and hear

Since: Jan 08

Sedona, AZ

#21 Jan 5, 2008
Beware Of Remax Sedona
Unethical Dual Brokers with No Business Credentials or Licence, Not Disclosing Important Information and Not Suppling Any Disclosure Statements To Potential Buyers. Destroying Peoples Lives Over A Commission Pay Check.

Since: Jan 08

Phoenix, AZ

#23 Jan 6, 2008
look out Cyndy, he's got biker buddies.
I heard about that buddy stuff, not sure what it all means. But, the good news is Robert must feel better now.

Since: Jan 08

Phoenix, AZ

#24 Jan 6, 2008
Oh, Robert, I forgot to mention: Your lawyer is most likely not happy with your pretrial activates.
Robert, you are listening to your lawyer aren't you?

Since: Jan 08

Sedona, AZ

#25 Jan 7, 2008
Bradley,

You see There ARE NO SECRETS HERE COWBOY thats the beauty of it all. The Truth, Only THE TRUTH, aAnd Nothing But The TRUTH

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