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CURRENT EVENTS--FANNIN COUNTY
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THIS WENT ON FOR 14 MONTHS
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STANDARDS TO EXPECT FROM FANNIN CO REALTORS

The aftermath of the flooding left chaos to clean
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5 star Realtors knew nothing--we made it all up

Under the Bathroom floor, no plumbing, a hole only
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Here They are in Person, FAKE AND FRAUDULENT

IN THE SUPERIOR COURT STATE OF GEORGIA COUNTY OF FANNIN
 
MARK AND LISA CALL,
Plaintiff *
 
Vs.                                                                                * CIVIL ACTION NO.___________
NANCY MACLEAN, ASSOCIATE BROKER * CENTURY 21 IN THE MOUNTAINS,
TERRY WILSON,AND LAW OFFICES OF TERRY WILSON,
LAURA ODELL, AGENT FOR ERA REAL ESTATE CONNECTION, TRU REALITY *
 
 
Defendant COMPLAINT Comes now, that MARK AND LISA CALL, Plaintiffs, file this complaint against said Defendant for causes of Fraud and Deceit, O.C.G.A. 51-6-1. Plaintiffs complain and ask for cause of action against Defendant for the following; Plaintiffs, MARK AND LISA CALL, are individuals residing in Fannin County, Ga and have resided here for a period longer than six months. Defendant, NANCY MACLEAN AND CENTURY 21 IN THE MOUNTAINS, TERRY WILSON AND TERRY WILSON LAW OFFICES, AND LAURA ODELL ERA AGENT FOR REAL ESTATE CONNECTION, have all acted in their official capacity for longer than six months inside the legal borders of Fannin County, Ga., thus giving this court jurisdiction to hear this complaint. This court has jurisdiction over this matter and all Defendants may be served under Georgia law. Defendant Maclean is now and was at all times mentioned in this complaint a licensed Georgia real estate agent. Defendant Odell is now and was at all times mentioned in this complaint a licensed Georgia real estate agent. Defendant Wilson is now and was at all times mentioned in this complaint a licensed Georgia attorney. On or about August of 2013 Defendant Maclean and Odell represented and brokered the sell of real estate property in Fannin County Ga, better known as 5028 Mineral Bluff Hwy. to the Plaintiff.
 
COMPLAINT ONE BREACH OF CONTRACT FOR SALE OF REAL PROPERTY O.C.G.A. 13-6-14 On or about September 27,2013 Plaintiff entered into a written agreement in which Plaintiff agreed to purchase real property located at 5028 Mineral Bluff Highway, Mineral Bluff, Ga 30559, more particularly described as “All that tract or parcel of land lying and being in the 8th District, 2nd Section, Land Lot 98, Fannin County, Georgia, consisting of 0.80 acre and 1.38 acres as set forth on plat of survey by Lane S. Bishop, GRES No.1575, dated October 13,1993 and recorded in Plat Hanger A-358, Page 6, Fannin County Records, to which reference is hereby made for a more complete and accurate legal description. Prior to Plaintiffs execution of the sale agreement, the seller (David and Janet Knight), who is not named in this complaint, along with Defendants acting as broker and agent, being Defendants Maclean and Odell, presented Plaintiffs with a Sellers Property Disclosure Statement, dated August 28,2013 that was prepared by these named individuals and signed by them. Plaintiffs relied upon the accurate representations set forth in this said disclosure statement in entering into the sale agreement of said property listed in number 1. Plaintiff performed all conditions, covenants, and promises on Plaintiffs part to be performed in accordance with the terms and conditions of the agreement. Plaintiff closed and took possession of the real property on September 28,2013. Plaintiff is informed and believes, and possesses tangible evidence, that both agent and broker, better know in this complaint as Defendants Maclean and Odell breached the agreement by failing to disclose material and important information regarding the condition of the said property that was within both individuals scope of knowledge. Plaintiff was told by Maclean and Odell that said property had been remodeled and “gutted” in 2003. Plaintiff was also told that heating system in said property was two years old when in fact, Plaintiff possesses tangible evidence that said system was in fact sixteen years old. Plaintiffs were not made aware of the fact that said property had complex sewage issues and septic problems. These sewage and septic problems presented themselves within the first week of Plaintiffs taking possession of said property. Neither Defendant Maclean or Odell made known any disclosure concerning flooding issues of said property, or that property had formally been used as a gas station and underground gas tanks were still located on property. Further no disclosure was given by either Defendant that said property was formally used as a place to manufacturer methamphetamines. Plaintiff possesses tangible evidence which shows Defendants were aware of said issues at time of sale, yet again failed to disclose to Plaintiffs. Furthermore, a Lis Pendens was placed on said property and house was sold off while this was pending, and the claim was not listed on the disclosure for to the new advisor. Plaintiff relied heavily, as advertised experts in their respected profession, on Defendants Maclean and Odell, acting as broker and agent, to present and set forth a property disclosure statement which was reasonable and transparent. Defendants assisted in sale of property, to gain a monetary commission for such sale, and did not provide a truthful accurate reflection of said property prior to sale which has caused Plaintiffs harm, duress, and financial burdens which Plaintiffs have not been able to overcome. Plaintiffs would have not entered into said sale agreement had plaintiffs known true facts. As a result of said breach of contract on sale agreement, Plaintiff has been damaged in that they spent thousands of dollars on repairs to property and suffered monetary losses to Plaintiffs business, which was attempting to operate out of said property, as a result of failure to disclose facts by Defendants.
 
COMPLAINT TWO VIOLATION OF CIVIL CODE SECTION 10-6A-ET SEQ. Both Defendants Maclean and Odell, acting as broker and agent for sale of said real property, had a duty under Civil Code sections 10-6A-7 et.seq. to disclose fully and fairly all adverse facts that materially affect or relate to the condition of the real property and to disclose truthfully and completely, rather than misleading information. Plaintiffs possesses tangible evidence which shows that Defendants Maclean and Odell had actual and constructive knowledge of all said defects at said property and intentionally failed to disclose them to Plaintiffs in order to ensure sale of said property. Defendants Maclean and Odell also directly violated Georgia Code 10-6A-7(a)(2)(c) by failing to supply material information as to the condition of real property. By failing to accurately and truly disclose condition of said property, and failure to comply by Georgia law, both Defendant Maclean and Odell are liable in the amount of actual damages sustained by Plaintiffs as set forth in this complaint.
 
COMPLAINT THREE FRAUDULENT CONCEALMENT O.C.G.A. 16-10-20 Plaintiffs possess tangible evidence which shows that Defendants Maclean and Odell again concealed true facts regarding condition of said property, when each knew the true and correct condition of property, to induce Plaintiffs into entering the sale agreement of said property. Defendant Wilson, acting as the closing attorney for said property was preselected by both Defendant Maclean and Odell and did not act on behalf of Plaintiffs best interest. Defendant Wilson was complicit in the fraud perpetuated on the Plaintiffs by both Defendant Maclean and Odell. Defendant Wilson, as to benefit thru financial gain, has violated both Georgia law and the State of Georgia’s Bar Rules, by acting as counsel, attempting to represent both seller and buyer of this said property, doing so also on more than one occasion. Plaintiffs reliance of statements made by Defendants Maclean, Odell, and Wilson acting as broker, agent, and attorney were instrumental in Plaintiffs want and willingness to buy said property. No home inspection could have revealed the extent of issues at said property, as Plaintiff possesses tangible evidence of such, and Plaintiffs relied on Defendants accurate reflection to complete said transaction. Plaintiffs have fraudulently been taken by all Defendants for a $50000 down payment, made in cash by Plaintiffs on said property at time of closing along with financial harm to Plaintiffs business, long and short term success, and animals which Plaintiff had at property during time spent at property have suffered financial harm and distress. In addition to Plaintiffs Dog Boarding and Grooming business which was located at said property and has suffered financial harm, Plaintiffs also have suffered monetary damages in the amount of thousands of dollars, regarding a rare and antique book business which was also located at said property. Plaintiffs invested thousands of their own dollars in attempts to prepare said property to operate and run both businesses and have now lost all investments made. Because Defendants demonstrable and repeated violations of O.C.G.A. 16-10-20, 13-6-14, and Civil Code 10-6A, evidence willful misconduct, malice, fraud, wantonness, oppression, deceit, and forgery, or that entire want of care which raises the presumption of conscious indifference to consequences, thus giving rise to a claim for compensatory and punitive damages to be awarded to Plaintiff. WHEREFORE, Plaintiff prays for; (A) Plaintiff be awarded compensatory damages in an amount no less than $250,000 to be proved in accordance with the law before a conscious jury of his peers. (B) Plaintiff be awarded punitive damages in an amount no less than $500,000 to be proved in accordance with the law before a conscious jury of his peers. (C) Plaintiff recover any and all costs associated with this action. (D) Plaintiff be granted any additional damages or further relief as the Court deems to be just and appropriate. Respectfully submitted to the court, __________________
 
MARK LEE CALL, PRO SE
150 CADENCE WAY BLUE RIDGE, GA
30513
770-361-8607


 

SELL IT AGAIN CENTURY 21: 5028 MINERAL BLUFF HWY AS IT LOOKED Jan,2016

Attorney, David J. Farnam, audio interview as known Conflict of Interest 1:09

Fannin County Corruption Supporting Evidence that distorts the view in BLUE RIDGE, GA

Text messages of DAVID J.FARNAM as a conflict of interest throwing the case on march 31st