Ernesto
Delgadillo Attorney Information
This blog is being published
in response to us being attacked, pressured, browbeaten
and accused of fraud by a Colorado attorney named Ernesto Delgadillo. If
you, or anyone you know is considering using this man to represent you, I
encourage you to read the below story before coming to a decision.
Mr Delgadillo is from the Law Offices of Young, Delgadillo &
Smith, a law company registered just last month on 15th April 2021. I have no
knowledge or opinions of the other attorneys at the law offices as I have had
no dealings with them. Here are links to him and his company
https://www.lawyer.com/ernesto-delgadillo.html
https://www.coloradocompanysearch.com/companies/the-law-offices-of-young-delgadillo-smith-pllc/
https://opengovco.com/business/20211362215
My wife and I currently live in Florida. We were looking to
purchase a property in Colorado and found what we thought was a suitable
property. The address of the property is 3926 Cordial Way, Crestone, CO 81131.
The property was listed for sale at a price of $750,000. We made an offer of
$650,000 and were pleased to hear our offer had been accepted.
The property was listed as 'For sale by Owner'. The sellers sent
us over a cobbled together contract by someone they identified as their
father’s attorney. A copy of the contract can be seen at HERE
I've bought and sold over 200 properties in Florida and this contract
seemed gibberish to me and made no sense. I asked the seller to replace with a
standard Colorado real estate purchase contract which they did. A copy of the
contract can be seen at HERE.
The seller made many claims to my wife both in writing and on the
phone. The claims included, 'The pictures do not do the property justice, wait
until you see it' , "I'm sure that you will love
this property' and 'The bathroom has been remodeled' and 'I'm going to be
adding many more pictures in the coming days which really shows how nice the
property is.
I will post a couple of the original pictures below.
Important legal note regarding the pictures. Some of these
pictures are 7 years old and taken by a previous agent, the other pictures were
taken by myself. The seller has no right whatsoever to
any of these pictures and they will not be removed, despite them saying they
have some kind of claim to them.
Of course, after the seller built up our expectations, we were
excited to see this wonderful property that the pictures did not do it justice.
One thing that did concern us, the seller listed the roof as
Shaker/Shingle yet on the county website it listed the roof as Asbestos. Of
course, we all know that asbestos can be deadly and cause cancer etc. We asked
the seller about this and they claimed the roof had
been replaced. We were skeptical about this as if it had been legally replaced
and the required county permit had been pulled, the material would then have
changed on the county site to the new material be that shingle or shaker etc. Also we know that you have to get state licensed specialists
in hazmat gear to remove asbestos and even if you re-roof over the asbestos, it
can easily be damaged releasing cancer causing dust by the new roof tile nails
etc. We decided to look into this matter later after
our inspection.
I booked a flight to Colorado to go see it, the flight was last minute and we had no time to arrange a dog sitter so my wife
had to stay at home. I met the owners daughter at the
property along with her brother. I should add here that we were informed the
property was let to a tenant and his lease expired June 30th. We had no problem
with this, we had purchased tenanted properties in the past.
When I entered the property, I was stunned to see that it was in
much worse condition than the pictures, not in the much better condition that I
was expecting. I'll put a couple of the old and new
pictures here for you to see and compare yourself. I'm not worried about the tenants mess, that can be easily cleaned, but look at the
wooded flooring for example, in the for sale picture it looks in great
condition, yet in current picture it clearly need refinishing.
The tile floor in the for sale picture
looks great, in the current picture, it clearly needed removing and replacing.
As for the remodeled bathroom, I have put some bathroom pictures
there for you to see. I can see no remodeled bathroom. Now we all like to think
our home is great. And of course we like to highlight
its good points if selling. But there is stretching the truth and there is downright misleading people.
The seller actually said to me on the
inspection 'I'm embarrassed about the state of the place'.
I called my wife afterwards to tell her about the sorry state of
the property. I expressed confusion that the property could have deteriorated
so much since the for sale pictures were taken,
presumably just a few weeks back. My wife had been doing some google searching
and she thought she had found the reason for the difference in pictures to the
actual inspection. It turned out that the seller had used pictures that were
over 7 years old from a previous sale back in 2014. We found this highly
misleading and deceptive.
We were both pretty heartbroken at the
state of the property. It clearly needed a huge amount spending on it and was
not the great deal that the seller was purporting it to be. I discussed it with
my wife and we agreed that we could not proceed with
the purchase due to its condition being way less that our reasonable
expectations.
There are two specific sections of the contract that come into
play here. The first is line 473 (10.3.2) Terminate
On or before the Inspection Termination Deadline, notify Seller in
writing, pursuant to § 25.1, that this Contract is terminated due to any
unsatisfactory condition.
Also line 113 (4.3.2.) Return of Earnest Money. If
Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the
return of Earnest Money as provided in this Contract.
This could not be clearer. Buyer has a right to cancel due
to ANY unsatisfactory condition and if the buyer timely
cancels, then he is entitled to the return of the earnest money. This leaves no
room for interpretation whatsoever. This language is so clear that pretty much
anyone, even someone with just a high school diploma, could understand it.
We informed the title company and seller that we were cancelling
the contract. Copy of the email is HERE, extract is below
I apologize for any inconvenience, but we were told the pics do
not do it justice but it's actually in worse
condition. It really should have said the home is in need of
TLC and then buyer knows what to expect. Many of the pics in listing are 7 yrs old. Sorry, but we were very disappointed and let down
on the condition of the home and with that said, would like to cancel the
contract and not move forward with the purchase of the home
You will note, that there is nothing in
that email that mentions any inspection objection, we simply state we wish to
cancel the contract. Even a child could understand that language.
Still we were not vindictive, these things happen. I flew home and,
despite spending over $1000 on the trip. I expected to be sent a cancellation
of contract and to be refunded the $65,000 earnest money that I had willingly
paid. I did check the contract before cancelling and it clearly stated that we
had to right to terminate up to 24th May, We terminated
on the day of inspection which 14th May. The contract says the earnest money
would be returned if the buyer timely cancels which of course we did.
We found it strange that the seller did not respond to our email
or text in any way. Then some 5 days later, their attorney Mr Ernesto
Delgadillo came into our lives.
He sent us a crazy sounding email mentioning not valid IO's and
some other nonsense. He said we had no right to cancel the contract and the
sale would proceed. He said we could discuss a payment from the earnest money
to release us from our obligations under the sales contract. A copy of his
email can be seen HERE
What was this man talking about? Was he on drugs? We had no idea.
It seemed pretty clear to us, we had the right to
terminate, we had exercised that right. We were due our earnest money refund
and somehow this attorney entered the scene telling us none of that was true but we had no right to cancel and the sale would
proceed unless we agree to forfeit a chunk of our $65,000 earnest money. To us
this felt like extortion. Any contract experts out there can read the contract
and form their own opinions.
The attorney was claiming we were using this as a negotiating
tactic in seeking a price reduction. I'm not sure what
part of 'Please send us a cancellation' he can read as angling for a price
reduction,
Mr Delgadillo's email really upset my wife, she started to worry
that we would lose our earnest money when we had done nothing wrong. We had
simply been misled over the condition of a property and cancelled after
inspection as allowed in the contract. Yet somehow Mr. Delgadillo saw things
differently, he thought the contract had to continue unless we agreed to
forfeit our earnest money.
I emailed him back and you can see a copy of the email HERE
He responded, copy is HERE Part of the email states “If you would like to be released from the sale, I can
propose to my clients to accept the earnest money for a release. Would this
be acceptable to resolve the matters? “
How dare this man demand we pay him and his clients $65,000 to be
released from a contract that we had legally cancelled and the contract itself
stated we would get the earnest money returned.
We again emailed him trying to explain, but it was like talking to
a brick wall. Copy of the email is HERE
He responded, copy is here HERE, He was still
complaining about 'defective IO's (Inspection Objections'). He was saying they
were now untimely (because he had waited from the 14th to the 20th to contact
us, he was blaming us for the so called untimely objections,.
thinking he had ran out of the clock on the objection
timing. The point he seemed to continually to miss is that we were not making
inspection objections, we simply made an inspection
termination. There is no reason needed, so there is no such thing as a faulty termination nor can it be untimely if it was made before the
24th. It was made a full 10 days before.
Mr. Delgadillo's emails and
threats had caused my wife considerable anxiety. She is disabled with
Rheumatoid Arthritis and could do without the stress of this crazy attorney
making threats against us. He even accused us of fraud in this
email 'At worst it is fraud'. Where is the fraud in cancelling a
contract which has a specific cancellation provision? I was asking myself, is
this man a complete idiot? Did he even go to law school? What gives him the
right to treat anyone the way he is treating us? I could understand if it was a 50/50 contract, open to interpretation and legal
argument either way. But this contract is crystal clear, buyer had right to
terminate and if they do so, they get their earnest money back. There is no
grey area there, there is nothing that said some half baked attorney can accuse the buyer of fraud and
demand they pay $65,000 for cancelling a contract they had full right to
cancel.
MY personal opinion is that this man
should not be practicing law. He is clearly giving bad advice to his clients
and not acting in a morally, ethically or legal way. I
am reporting him to the Colorado bar in the hope they sanction his behavior to
prevent him doing the same to some other innocent victim whose name has the
misfortune of crossing his desk. I feel that Mr
Delgadillo knows that he not only does not have a case, he
does not even have the simplest of legal arguments to put forward. I'm assuming that he underwent some kind of training and was
perhaps taught to at least stick to the basics of the law. I think he just
decided to jerk our chains, knowing full well he would not be entitled to a
penny of our money, it did not matter to him. As far as he saw it, he could
send us nonsensical emails and tie our money up simply by objecting without any
legal basis for doing so. He probably thought there was no downside to doing
it, He may have even thought us dumb enough to fall
for his arguments that had no basis in law. Heck, we may have even offered him
a few grand just to get off our backs. Perhaps he has done this before, perhaps
this is his modus operandi. But in this case, he miscalculated. The downside
for him is that every email from both sides is now available online for members
of the public and indeed the legal profession, to read and judge for themselves
just how competent or incompetent, Mr Delgadillo
really is.
Again we responded trying to state our case, our response can be
seen HERE
Mr. Delgallado responded HERE. He is still spouting nonsense
about faulty, defective and untimely IO's. This man
seems unable to grasp simple contract law, yet has the
audacity to call himself an attorney. He has the bare faced cheek to state at the
bottom of his email that buyer is in breach of contract (how can buyer breach a
contract that he cancelled on time)
There is now a dispute
as to the return of earnest money after the breach of Buyer. Buyer's claim
they are entitled to all the earnest money, a paid vacation, $1,000.00 cash, 5%
interest daily on $65,000.00, hourly time payment for legal work, some sort of
emotional damages, and a legal resolution for
their "client", the old sales agent. Seller claims to
be entitled to the earnest money for Buyer's breach.
He also seems to think we want some paid vacation, as if flying to
Colorado to view a rundown property could be called a paid vacation. We never
asked for a penny for our losses, until he continually demanded we pay him
$65,000 that he had no right to ask for.
We replied to the email explaining that we were filing a report
with the Colorado bar. We also informed Mr Delgadillo
that it was our intent to pass our information onto the eventual purchasers of
3926 Cordial Way, Just in case the sellers, as seems
likely judging by their prior conduct, neglect to mention the presence of the
asbestos roof as noted in the county records. This is a legal requirement now
the sellers are aware of this noting on BOTH the main house and guest house
roof. If the sellers do not notify the buyers of this deadly roofing material,
they will be liable to be sued for the extremely costly undertaking of removal
and replacement of the asbestos, should it still be present upon the sale. Copy
of the email is HERE
Our next step in addition to filing a complaint against this
dreadful attorney, is to file a lawsuit against him and the sellers over the
outrageous demand to keep our $65,000 and for the emotional anguish my wife has
suffered and continues to suffer over this attorneys
actions. It seems that we really are dealing with a clueless attorney who has
no idea whatsoever about simple contract law and thinks his can bully innocent
victims into handling over tens of thousands of dollars just by speaking
gibberish about faulty and defective IO’s
Our final email to Mr Delgadillo
informing him that we viewed him as a bully can be seen HERE.
We shall continue to update readers with developments as our
complaints and case progresses. In the meantime, if you are looking to hire a
lawyer, please do your research before deciding on who to hire. Try not to hire
someone who gives attorneys a bad name. They already have a bad name in
general, don't hire one that makes it even worse.
UPDATE: I've now been sent a number of threatening and insulting
texts by the sellers daughter Kaitlyn Baer. She
identified herself as the 'Sales Manager' for the property in one of her
earlier texts, so I guess all the BS was down to her. The texts are accusing me
of fraud and threatening me with criminal charges. I will post them below in
their entirety and without comment, save to say that if they have found a happy
buyer as they claim, why are they trying to take my $65,000? I will leave the
reader to come to their own conclusions.
+18142334581
I have just read the extremely unlawful and illegal blog post
meant to continue this harassment of us. You have illegally used photos of
myself and my family, and I am demanding they be removed immediately. I want to
be very clear here, you NEVER have our permission to
use our photos. This is my response that is being published throughout the
internet repeatedly, as well as to your professional accounts as "property
developers." In response, you can also find new blog sites regarding this
continued harassment and illegal activities/practices conducted by you both.
"Mr. Terry Ferrari, we are now considering this to be extreme harassment
of Sellers, my family and a hired attorney doing his job(and
doing a great job, might I add!) I have lost track of the amount of lies
throughout this blog and correspondence with Terry and Pamela Ferrari. I will
begin posting ALL of the emails/texts/communications
with ample legal documentation of absolute fraud from “failed and unqualified
Buyers,” Terry and Pamela Ferrari.
Conveniently, Terry Ferrari has left all of these, including his repeated,
daily threatening emails, out.
Pamela and Terry Ferrari deceived my disabled father (the Seller) into thinking
they had anything close to the amount of money required to purchase this
property. He only accepted the offer under the conditions of NO financing, cash
ONLY, actual proof of funds and 10% earnest money down(proof
in documented emails/texts that Mr. Terry Ferrari has conveniently left out.)
In reality, Mrs. Pamela Ferrari admitted via email that they did not have the
money and their "financing fell through."
He then tried pressuring my father, again a DISABLED senior citizen, into
signing a fraudulent contract, knowing they did not have the money and were
attempting to finance.
They were made aware of the tenants living there, as is the general public in
the for sale ad. Repeated disclosures were given in writing and via telephone
that tenants were still living there, and pictures were not current. Mr.
Ferrari then showed up on very short notice, driving
his car with Florida license plates in and obviously drove to the property in
Colorado, but is now attempting to force my father to pay for his “plane
tickets,” “hotels,” and any additional fraudulent claims of reimbursement he
would like to include. The tenants were made aware of the viewing well in
advance and were in the process of moving out. We were unfortunately just as
surprised to find the state of the moving-out conditions when Mr. Ferrari
viewed it.
The home and property is being professionally cleaned in preparation for the
new Buyer with an expedited closing date, as the Buyer is very excited to move
into their new home.
Mr. Ferrari, would you please clarify if you actually purchased any plane
tickets to Colorado, which you are now trying to force my father to pay for? Your
wife, Pamela Ferrari, told me you were coming here for a meeting and we never
asked you to travel here, that was done on your own accord.
Pamela and Terry Ferrari then broke the sales contract they insisted on
pressuring us to sign, in violation of the contract and valid reasons for
breaching it.
He is now harassing my family and our wonderful attorney, who is a VERY well
respected and seasoned attorney in the state of Colorado. The personal attacks,
attempts at intimidation and threats to publicly try and ruin his law practice
somehow with this blog, are entirely useless. As he is well known for being a
fabulous, extremely intelligent and experienced
attorney. We are very thankful for him in ensuring my elderly, physically
disabled father was not taken advantage of by Terry and Pamela Ferrari.
We were unfortunately surprised and disappointed at the current condition of
the home from the tenants. We offered to have it professionally cleaned and
have the tenants move out, but we are afraid this has all been a fraudulent
internet scheme from Terry and Pamela Ferrari.
Mr. and Mrs. Ferrari, you have used PERSONAL PHOTOS of myself and my family-
which you have absolutely NO PERMISSION TO USE PHOTOS OF US EVER. We are
pursuing harsh legal actions against this couple for harassment, intimidation
and unlawful, unauthorized use of personal photos of my family;
amongst numerous other legal claims and criminal charges.
Thankfully, the home is already being purchased on a real cash only deal with
no financing, as this Buyer actually has the money to do, for SIGNIFICANTLY
more money than the Ferraris could fraudulently offer.
I am ordering our photos be removed IMMEDIATELY. In the meantime,
fabulous Colorado attorney Mr. Delgadillo, has already started these
additional claims and criminal charges in court.
You will both be served with Cease and Desist Letters very shortly. Anyone who
is attempting to sell a beloved home or property, please do not allow
fraudulent “Buyers” to try and con Sellers via internet scams. I would
recommend any Seller to retain legal counsel to prevent similar fraud and being
taken advantage of, especially one who is a disabled senior citizen.
Thankfully, we are now very happy with the new Buyer,
who is actually qualified. Thankfully, they are purchasing the property with
cash, absolutely no financing, for way more money and are very excited to close
soon!
Unfortunately, Terry Ferrari is also threatening to contact any potential
buyers with what I assume will be the same
extremely unlawful and inappropriate tactics. The new Buyer has been made aware
of the harassment from the previous “Buyers”(Terry and
Pamela Ferrari) and threats to try and contact/harass them in the new home as
well. Thankfully, our local law enforcement provides safety and assurance that
the Ferraris cannot harass or threaten bodily harm to them in their new beloved
home.
I would like to remind you, Terry and Pamela Ferrari- this is PRIVATE PROPERTY-
which you are NOT PERMITTED ON - and we will not hesitate in having you both
arrested for trespassing, harassment and stalking if you attempt to enter the
property or grounds again.
Again, we are so very thankful for our new Buyer, and their actual intelligence
in seeing how much our beautiful property is really worth. Continued illegal
tactics such as these, will continue to result in additional claims and
criminal charges."
+18142334581
Please confirm you have read and understood this message demanding
my personal photos be removed now. Regardless, this text and all communications
provide documentation for further legal actions against the both of you. You
have been reported to Google and the blog site already, for illegally using my
photo and personal information. Since it is very apparent to me that you may
have difficulty understanding English and basic spelling/punctuation, I am
sending screenshots of my message in its entirety to make sure you have
received it.
27 May 2021 16:12
Me
They are not your photos, go away and leave us alone. I have not
contacted you at all, now stop harassing us
27 May 2021 17:38
Me
You should not have tried to steal 65000 from me. We will
resolve this in court, your so called attorney
can make his case there.
27 May 2021 17:45
+18142334581
What do you not understand here, Mr. Ferrari?
These are VERY clearly photos of my brother and I- that you have absolutely NO right to publish on the internet or use
ANYWHERE. They are being removed immediately by Google, and additional criminal
charges will continue to be filed every time you attempt to use an authorized
photo of us. Hilarious you tried making me remove photos of the house, which
you then have also used in your illiterate blog of documented lies. Stop
harassing us, using photos of us and harassing our
attorney. I am sure the Colorado Bar is going to appreciate all the
documentation you have both provided in writing to me. Cease and desist this
harassment and illegal use of personal photos of myself and my brother
immediately. Do not attempt to trespass on our property or contact the new
Buyers, as law enforcement is now aware of these repeated threats. Again, since
somehow you do not seem to be able to
understand the amount of legal documentation you are still providing to me in
writing- you do NOT have our permission to use photos of us. We are both in the
photos. We are demanding they be removed IMMEDIATELY
Me
I've never heard so much bullshit, you don't get criminal charges
for publishing pictures. I will republish any removed photos with any humans
completely blacked out. Then you'll have nothing to
complain about
27 May 2021 17:53
+18142334581
Again, it does not matter- you do NOT have any permission to use
photos of us- regardless of being blacked out. No, this is documented criminal
harassment. You do not appear to have basic knowledge of basic English,
spelling, punctuation and certainly not law. Or you would stop incriminating
both of you more, by continuing to give me written evidence of fraud,
harassment, slander and publishing photos without ANY
permission to do so. Again, we are demanding they be removed immediately
and you absolutely do not EVER have our permission to use them even with us
blacked out. I assure you, you will both be receiving Cease and Desist letters
very shortly. Do not contact me again. This is severe harassment and I have
already begun filing charges in the state of Colorado against you. You should
not have committed fraud by attempting to finance when that was a
clear condition of accepting the offer. You should not attempt to buy
properties or houses you obviously cannot afford.
27 May 2021 17:59
Me
Go away you crazy pest
27 May 2021 18:00
+18142334581
Lol great response! Lovely documentation of inappropriate,
immature name calling and more slander. Stop emailing threats everyday. We will see you in Saguache County Court when you
arrive in Colorado! Thanks!
27 May 2021 18:02
Me
I have not contacted you once, you are the one harassing me.
Just leave me and my family alone and we will all be fine
27 May 2021 18:09
+18142334581
You are posting slander and using unauthorized photos of us on the
internet. How do you not understand you are harassing us and the photos need to
be removed immediately. I already have all of the screenshots with documented lies, slander,
harassment and threats. Do NOT contact me again. You do NOT have
our permission to EVER use photos of us. I do not understand how you are
still documenting your harassment and fraud via writing. You need to hire an
actual good attorney. But I am assuming you also can't
afford that. Seek legal counsel Terry, they would tell you to stop
incriminating yourself more. Again, do NOT contact me again.
27 May 2021 18:12
+18142334581
We are extremely happy to have found new buyers who can actually
afford the property, and are actually able to pay
in cash-for far higher than your "offer" for money you do not even
have. Do not attempt to contact them either. They are already aware of the
harassment tactics, as is law enforcement. Goodbye.
27 May 2021 18:15
Me
Yes you're right, I'm too poor to buy your two bit house. Let me
spell it out for you, I did not buy it because it was a pile of shit and you told me it was great. You lied and that's what caused this. Just own it and move on
27 May 2021 18:21
+18142334581
Lol you did not have the money. Your "financing fell
through," as documented in emails written by your wife. You obviously
cannot afford our house or an attorney. Again, STOP contacting me. We will see
you in court! Lolol good luck getting that $65,000
back anytime soon!
27 May 2021 18:24
+18142334581
I assure you, $65,000 to my father and our family is nothing.
Based on the repeated unsuccessful demands to return it, it seems very clear that you are in much more need of that money
quickly. We are not paying for your "flights" when you drove in
a car with Florida plates lol. We will be reimbursed for our time, legal fees,
loss of rent, etc. see you then!
27 May 2021 18:26
Me
You will be reimbursed for nothing. Liars don't
get reimbursed they get exposed just like you have been. That's
why you are so angry. Because you got caught out
27 May 2021 18:35
Me
Being as you won't stop harassing me,
I'm going to add the address to my blog so everyone can see what a
shit hole it is. Plus I'm going to add copies of
our texts so people can see just who is harassing who. If I need a lawyer, I'll make sure I get one that know contract law, unlike your
clueless idiot. Now once again, please stop texting me
27 May 2021 18:51
+18142334581
Oh my god- I have asked you repeatedly to STOP contacting me
immediately! We do not care that you think you could somehow do something
to us with your blog. Stop threatening me now. There is also a blog on you and
Pamela both. Stop contacting me now, I am blocking you. I am the one blocking
you, because you are continuing to harass and message me after I have told you
to stop repeatedly. We do not care Terry. You are being blocked again. Goodbye
and we look forward to seeing you in court! We love our property and a
lot of people do too, especially the new Buyer!
27 May 2021 18:55
Me
Your property is a pile is shit that's why you cannot sell it lol
27 May 2021 18:56
Me
You are welcome to make a blog on us, as soon as you do I will identify, you, your brother and your father
in mine. I've nothing to hide and am happy to publish the truth and emails
and texts in full. Still waiting for Google to remove the pictures
'immediately' more bullshit
27 May 2021 18:58
+18142334581
Lol okay Terry. There already is at least one! STOP threatening us
now. Posting private information on us is illegal. These are just more
continued threats. I do not care what you think about Googles time response
in getting them removed. I have told you repeatedly you do not have our
permission to use our photos. I do not understand how you don't seem to be able to comprehend that. For the last time,
STOP contacting me now. We will see you in court. Good luck with getting your
earnest money and your illiterate blog, full of documented lies and harassment.
Bye!
27 May 2021 19:02
Me
Yada Yada lol
27 May 2021 19:02
Me
Go get a job and earn some money, stop trying to steal mine
27 May 2021 19:04
+18142334581
Lol I have a great, high paying job thank you though! You don't have any money for anyone to steal! STOP HARASSING ME
NOW!
27 May 2021 19:05
Me
Will post these texts in full on my blog. Thanks
and you have a wonderful evening
27 May 2021 19:06
+18142334581
Great! Bye!
27 May 2021 19:07
UPDATE: 30th May.
We received an email from the 'attorney' sending us updated pictures of the
property now it has finally been cleaned. I'm not sure
how this relates to its condition on the day of inspection. Of course, it has
no bearing on that and this attorney should know that. He sent us pictures of a
shingle roof which does not mean that the asbestos is not underneath the
shingles, We have no idea. Also
we can assume the shingle roof was installed without a permit or informing the
county because the Saguache county website still lists the roofing material
as 'Asbestos'. If he sends us copy of the permit for the new
roof as well as proof the deadly asbestos was removed by a state licensed
contractor as required by law, then we will accept this claim. He also
demands an apology and threatens us with fraud and libel charges. Finally he asks if we wish to reinstate the contract. How
can he be offering this when the self declared 'sales
manager' Kaitlyn Baer stated below.
"Thankfully,
the home is already being purchased on a real cash only deal with no financing,
as this Buyer actually has the money to do, for SIGNIFICANTLY more money than
the Ferraris could fraudulently offer."
Do they have a
real buyer, or is this yet another lie? We don't know
and we don't care.
Email from Mr Delgadillo can be seen HERE
My response to
him, refusing to bow to his latest threats, can be seen HERE
Mr Delgadillo is threatening Fraud and
Libel charges. I struggle to see where these can come from. All I have done is
post the communications online and state my true opinion of events. I have done
nothing wrong. However, Mr Delgadillo along with the
sellers, have, in my opinion, tried to extort me of my $65,000 earnest money
without any lawful reason for doing so. My contract was legally cancelled and it clearly states that I am entitled to my
earnest money back. They have no right to ask for any of it and for that they
should be held accountable.
I have not made
any false accusations against the sellers or Mr
Delgadillo.
However, the sellers daughter Kaitlyn Baer has made some false and
defamatory statements against myself and my wife, examples of these defamatory
statements are below.
"You have illegally used photos of myself and my family, and I am
demanding they be removed immediately. "(No illegal
photos were used)
"Pamela and Terry Ferrari deceived my disabled father (the
Seller) into thinking they had anything close to the amount of money required
to purchase this property."(We did and still do have
the funds and we have sent the seller proof of this)
"He then tried pressuring my father, again a DISABLED senior
citizen, into signing a fraudulent contract, knowing they did not have the
money and were attempting to finance."(Completely false, we did
have the funds and have never spoken to or communicated with her father, we
only ever communicated with Kaitlyn Baer)
"Mr. Ferrari then showed up on very short
notice, driving his car with Florida license plates in and obviously drove to
the property in Colorado, but is now attempting to force my father to pay for
his “plane tickets,” “hotels,” and any additional fraudulent claims of
reimbursement he would like to include. "(More false
statements from Kaitlyn Baer, I rented a car with Florida tags, I sent Ms Baer copy of my Spirit airlines flight info and car
rental agreement, Ms Baer makes false assumptions and
states them as fact)
"We offered to have it professionally cleaned and have the
tenants move out, but we are afraid this has all been a fraudulent internet
scheme from Terry and Pamela Ferrari."(There was no fraudulent
scheme, this is a clearly defamatory statement. The house was in a bad state,
we cancelled the contract, end of story)
"Mr. and Mrs. Ferrari, you have used PERSONAL PHOTOS of myself
and my family- which you have absolutely NO PERMISSION TO USE PHOTOS OF US
EVER. We are pursuing harsh legal actions against this couple for harassment,
intimidation and unlawful, unauthorized use of personal photos of my family; amongst
numerous other legal claims and criminal charges." (Yet another false statement, I used photos which I took myself
on my own camera, I have full rights to use those photos, plus I blanked out
the faces of the Baer family members to prevent identification. Of course there are no criminal charges due)
"I am ordering our photos be removed IMMEDIATELY. In the meantime, fabulous Colorado attorney Mr. Delgadillo,
has already started these additional claims and criminal charges in court."(Yes of
course he has, let me know how that works out for you as well as your order to
remove the photos)
"You will
both be served with Cease and Desist Letters very
shortly. Anyone who is attempting to sell a beloved home or property, please do
not allow fraudulent “Buyers” to try and con Sellers via internet scams. I
would recommend any Seller to retain legal counsel to prevent similar fraud and
being taken advantage of, especially one who is a disabled senior
citizen. " (No internet scam here,
just a seller who overstated just how great their property was)
"I would
like to remind you, Terry and Pamela Ferrari- this is PRIVATE PROPERTY- which
you are NOT PERMITTED ON - and we will not hesitate in having you both arrested
for trespassing, harassment and stalking if you attempt to enter the property
or grounds again."(This is about the only statement we agree with, we have no
desire to ever visit your property again, so please tell your attorney to stop
trying to make us buy it, we don't want it)
"Continued illegal tactics such as
these, will continue to result in additional claims and criminal
charges." (More lies)
"You
should not have committed fraud by attempting to finance when that was a
clear condition of accepting the offer. You should not attempt to buy
properties or houses you obviously cannot afford."(We can afford them, we just choose not to
spend our money on piles of crap)
"You are posting
slander and using unauthorized photos of us on the internet". (No slander just facts)
"Lolol good luck getting that $65,000 back anytime soon!
" (I'm fine
with it being tied up for a while as long it is exposes
the sellers and their attorneys actions in trying to take my money without
lawful reason)
So Mr Delgadillo, when considering libel and fraud charges, I
suggest you look to your client Kaitlyn Baer and also
in the mirror as you both tried to take my money with no legal rights to do so.
To cut through
all the noise and deflection from Mr Degladillo I shall re-iterate the 3 sections of the
contract which apply.
line 473 (10.3.2) Terminate On
or before the Inspection Termination Deadline, notify Seller in writing,
pursuant to § 25.1, that this Contract is terminated due to any unsatisfactory
condition.
We sent notice to terminate on 14th May, Terminate
deadline was 245th may, so it was sent 10 days earlier than the deadline
Also line 113 (4.3.2.) Return of Earnest Money. If Buyer
has a Right to Terminate and timely terminates, Buyer is entitled to the return
of Earnest Money as provided in this Contract.
We terminated
14th May so are entitled to earnest money return.
Finally line 115
Seller agrees to
execute and return to Buyer or Broker working with buyer, written mutual
instructions (e.g. Earnest Money release form), within
three days of sellers receipt of such form.
So seller agreed in writing to sign the
earnest money release within 3 days of receiving our notice to terminate on
14th May. (they were contractually obliged to sign the
release by 17th May)
No only does seller have no claim to our money, but is in clear
breach of contract for failing to execute the earnest money release form within
3 days of receiving our notice to terminate.
We are therefore
holding both he seller and their useless attorney
liable for all our costs and expenses incurred in recovering our earnest money
which they have no legal right to hold onto and are in clear breach of contract
for failing to sign the release by 17th May
The time for
games has finished. We are about to launch legal action against Mr Delgadillo Ms K Baer and Mr L Baer over their failure to return our earnest money as
called for in line 115 of the contract.
We have sent them
a 3 day notice before action. Copy of that notice is HERE.
We shall then
instruct a Colorado attorney to file a lawsuit and post copies of the lawsuit
and the summonses to all parties along with copies of all the pleadings here.
The prevailing party (which of course will be ourselves)
is entitled to reimbursement of all costs and legal expenses. This is going to
turn into a costly lesson for the sellers and their attorney.
UPDATE 2nd June, can you believe this jerk
is still insulting my wife? His latest email is HERE. I'm looking forward to seeing him and
his clients in court and tying up their house in litigation just like they tied
my earnest money up in litigation. Due his uncalled for
insult against my wife, he now gets his own domain hosting a copy of this
blog. www.ernestodelgadilloinfo.com/ ,
Congratulations Mr Degadillo.
A strange thing
happened this evening. All of a sudden, Mr Delgadillo is suddenly concerned about a specific part
of the contract, the ADR section, commonly referred to as the 'Alternate
Dispute Resolution' section. Even though our contract has no such section,
despite Mr Delgadillo insulting my wife’s reading
skills accusing her of being unable to find it.
It
would seem that, after
weeks of choosing to ignore all the important sections in the contract, Mr Delgadillo suddenly wants me to focus on the mediation
section. Why do you think this could be? It's clear
that Mr Delgadillo know that he is going to lose this
case in a spectacular fashion once it arrives at the court. In attempting to
keep our $65,000 earnest money, he inserted himself into the center of this
case to the extent that he is going to be added as a co-defendant and held
equally liable for our legal costs and losses. Finally, on the day we file our
lawsuit, we will file a 'lis pendens'
against the Crestone property in question. This is to protect the 'asset' and
ensure that once the case is over, the asset is secured so we are able to place a lien on it for all our reasonable costs
and legal fees. A property is not allowed to be sold whilst it has a 'lis pendens' filed against it. Well technically
it may be, but no title company will issue a title insurance policy for the
property whilst the lis pendens is active, so not
sale could close until the lis pendens was
removed. That is why mortgage companies files a lis
pendens at the same time they start foreclosure actions, it protects
their asset from being sold and ensures that they receive their money.
Mr Delgadillo is fully aware of all this
and is now in damage limitation mode. Well its too late for that. He had plenty of chances to do the
right thing and honor the contract. He chose not to, thinking he could do it at
no cost to him or his clients. Well he was wrong.
Our response to
him is HERE, reminding him that he caused this
entire mess. Now he needs to own it.
He responded yet
again HERE, asking if we were still missing the ADR
section. Yes we were missing it, but not because
myself or my wife are stupid as he is implying, but because the contract does
not have an ADR section. Another basic error from this 'skilled' litigant.
He emailed again HERE, trying to be a smartass, stating the following
"Let meknow when your lawyer explains lines 715 and 716."
So lets just
clarify for Mr Delgadillo, lines 715 and 716 are not
an 'ADR' section as he purports them to be. They simply state that the parties
will proceed in good faith to mediation. Strange how Mr
Delgadillo has for weeks ignored all the important lines of the contract
(below), but now wants to focus on just one line. Well
that’s not how it works, either they honor the contract in full or we go to
court to force them to honor it.
We emailed him
back explaining this to him HERE. We pointed to the specific sections in
the contract that he was willfully choosing to ignore
Line 27, Inspection
TERMINATION deadline. 24th May
Buyer can cancel for ANY unsatisfactory condition by
that date (10 days after we canceled on the 14th
May)
Line
736. Right to terminate. If a party has a right to terminate, as provided in
this contract (right to terminate) the termination is effective upon the other
party's receipt of a written notice to terminate.
We sent such a written
notice to K Baer and the title company on 14th May
Line
741. 25.2 Effect of termination. In the event this contract is terminated (we terminated in writing on the 14th May) all Earnest Money received hereunder will
be returned to Buyer and the parties are relieved of all obligation.
Basically,
if we terminate correctly, which we did, we get all our money back.
Line
113 4.3.2 Return of Earnest Money. If buyer has a right to terminate and
timely terminates. Buyer is entitled to the return of earnest money as
provided in this contract. If this contract is terminated as set forth in S25
and, except as provided in S24 (Earnest Money Dispute) if the Earnest Money has
not already been returned following notice of a receipt to terminate,
Seller agrees to execute and return to buyer or broker working with
buyer (eg Earnest money
Release form) within 3 days of sellers receipt of such form.
Seller
is in breach for not supplying our release and trying to keep our money.
We also pointed
him to line 721 Nothing in
this section prohibits either party from filing a lawsuit and recording a lis pendens affecting the property, before or
after the date of written notice requesting mediation.
So its pretty
clear throughout the contract that we had the right to cancel and they had to
refund the money which they blocked just to play games and with no lawful
reason, they even went so far as to demand that we forfeit this money.
Yet now things
are becoming clearer for them. Its dawning on them that they don't
have a hope in hells chance of winning the lawsuit. If this man had any,
even a reasonable chance of winning in court, he would be pushing for that in an attempt to save face. But he knows he is doomed that's why he is pleading for mediation. Nothing in the
contract prevents us filing the lawsuit and they are going to be on the hook
for some hefty fees. The moment we pay our new attorney his retainer along with
all the case filing fees, the sellers and Mr
Delgadillo are on the hook for that amount at the very least and
Mr Delgadillo is well aware
of that and trying to prevent me doing it. Now all of a sudden
they want to just honor one specific line in the contract. That’s
not how it works. We file the lawsuit, we file the lis
pendens against the house. It takes many months to reach trial or many
weeks for them to realize they have no case and they
have to settle. Once they settle they have to pay all
our legal fees and reasonable costs. Then the matter will finally be put to rest and we can all go away and reflect on how dumb and
pointless the whole fight was in the first place. All because some half assed
lawyer thought he could flex, bully us and tie us up
in legalese. He made a critical error. We had the desire and the means to stand
up to this bully. 95% of people fold before taking such a case to court. We
will be in the other 5% and take it all the way, knowing full well that the
people who caused this, will be the ones ultimately bearing the cost. Plus we get to share with the world, all the mis-steps made
by this attorney along the way.
14th
June 2021 Update.
The
lawsuit has now been filed in Alamosa County. As soon as the summonses have
been served on the relevant parties we will post a
copy of the lawsuit here. Such a shame that it had to come to this but when you
get bullied by attorneys, dishonest attorneys at that (Mr
Delgadillo lied and told the title company that Mr
Ferrari had released the house for sale just after he told him that he was
filing a lis pendens against the
property, the very OPPOSITE of releasing a house for sale, more on that later)
then the only recourse left is to stand up to the bully and refuse their
outlandish demands. That’s exactly what we have done
here. Now we will wait patiently until a judge and jury rules in our favor and
awards us damages and costs.
As promised, here is a copy of the
lawsuit. A clear cut simple case, but we had no choice
other than to file this. Copy can be seen HERE
Update July 19th 2021.
All parties have now been served. The
other team are already trying to settle but whining about the fees. They should
have thought about that before deciding to let this case enter the legal system.
Litigation is expensive, I’d have thought this ‘genius’ attorney would have warned
his clients of that fact when they received the ‘Notice before Action’. We are
content to let this case work its way through the legal system at whatever speed
the wheels of justice decide to turn. The eventual outcome is not in doubt. We
shall prevail as they have zero legal argument or defense. They can keep the
case running as long as they choose, they will bear
the eventual costs. Way to go Mr Delgadillo, great
legal work costing your clients a packet.