Folks I have removed most all of this website except for the first page which I thought I had also removed yet it shows up again for the second time. Therefore it cannot be authenticated at this time by me. I will however put up the entire "original website" once I have accomplished my goals. Only then after I authenticate it will it be valid. This is the third time in less than a week. But do not worry I have many many copies of the original website and I will freely provide all information again. I have left up a few things to help you.
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Copying this website is strictly forbidden without written permission. Any version of this website without our written approval can not be deemed valid. The website must be authenticated if presented by any other person other than this author. Keep checking in for updates on this website. We are currently cross referencing file folders you can find the connections at lot faster.
F.R.C.P. 56 provides that summary judgment can only be granted if there is “no genuine issue" as to any material fact and the moving party is entitled to a judgment as a matter of law.” The rule F.R.C.P. 56 being defined.
Just how could there have even been any summary judgment hearing when the Crye-Leike defendants were omitted as being defendants on the first page of the supposed summary judgment transcripts as you can see on this website. That only shows the seller had being a defendant. Meaning a deal had been cut to give Crye-Leike anonymity and to obstruct justice. Yet the Crye-Leike defendants miraculously reappear as being defendants on the fraudulent "Stipulation" we were induced to sign by our lawyers husband that benefited the lawyers working for Crye-Leike and their defendants and the E & O insurance company.
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Arkansas Case No. CV-2009-116-4 was the original case number however in the supposed summary judgement transcripts, it was changed to: CV-2009-116, (minus the 4), a completely different case altogether had been created.
Yet by the day of this supposed hearing we were to find out months after the supposed hearing when we finally received the supposed transcripts after we had to file complaints with the state to get them, that the Crye-Leike defendants had been removed as being defendants on the first page of the supposed summary judgment transcripts and had been given anonymity.
The case number had been altered from the original CV-2009-116-4 to CV-2009-116 (minus the 4), a completely different case conjured out of thin air. As it now it showed that the seller had two lawyers at this supposed hearing when in fact one of those lawyers is the Crye-Leike subordinate lawyer. As you can see on lines 20-21 of the first page of the supposed summary judgment transcripts the case had been altered to Tom and Dawn Mcinnis verses Lee, et al, CV-2009-116 (minus the 4). Again the Crye-Leike defendants were given anonymity. Meaning there could have never been any summary judgment hearing.
As it shows similarly on page 2. Then go check out page 51 of the supposed summary judgment transcripts of the judges personal court reporters Certificate that is dated May 10, 2012 months after the supposed hearing and it shows this case was altered to McINNIS verses LEE, Cleburne, County, January 18, 2012. Again Crye-Leike omitted as being part of this case to give them anonymity. Meaning there was no summary judgment hearing but a colossal summary judgment fraud. And every Officer of the Court knew it.
Yet miraculously the Crye-Leike defendants reappear as being defendants in this case on paper only in the fraudulent "Stipulation" that our lawyers husband fraudulently induced us to sign for his buddies working for Crye-Leike as it was in the fraudulent "Order" as it was in the fraudulent voluntary dismissal. And the original case number restored to CV 2009-116-4. However the official case only reflecting us and the seller as being part of this case.
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Rule 3.4 Fairness to Opposing Party and Counsel A lawyer shall not:
(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document
or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
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RULE 1.2 Promoting Confidence in the Judiciary
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
Rule 8.3 Reporting Professional Misconduct
(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional
Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
(b) A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct
that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.
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Contempt- An act of deliberate disobediance fro the laws, regulations, or decorum of a public authority, such as a court or legistrative body. Individuals may be cited for contempt when they disobey an order, fail to comply with requests, tamper with evidence, withhold evidence, interrupt proceedings through actions or words, or otherwise defy a public authority or hold up to redicule and disrespect.
Contempt of Court- the offense of showing disrespect for a court. Contempt may be criminal or civil. Criminal contempt is conduct (whether words or actions) that obstructs or tends to obstruct the administration of justice.
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Intrinsic Fraud is an intentionally false representation that goes to the heart of what the given lawsuit is about, in other words, whether fraud was used to procure the transaction. (If the transaction was fraudulent, it probable does not have a legal status of contract.) Intrinsic fraud is distinguished from extrinsic fraud (a/k/a collateral fraud) which is a deceptive means of keeping a person from discovering and/or enforcing legal rights. Its possible to have either intrinsic or extrinsic frauds, or both.
During a trial, perjury, forgery , and bribery of a witness constitute frauds that might have been relieved by the court. Such actions will usually lead to a mistrial being declared and after any penalties for the involved parties a new trial will take place on the same matter.
Extrinsic fraud is a fraud that “induces one not to present a case or deprives one of the opportunity to be heard (or) is not involved in the actual issues….It can involve fraud on the court, but is not necessarily the same.
More broadly, it is defined as:
Fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evidence to defend a lawsuit. This could include destroying evidence or misleading an ignorant person about the right to sue. Extrinsic fraud is distinguished from intrinsic fraud, “which is the fraud that is subject to a lawsuit.
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Checklist Examples of Lawyer Corruption
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Copying this website is strictly forbidden without written permission. Any version of this website without our written approval can not be deemed valid. The website must be authenticated if presented by any other person other than this author. Keep checking in for updates on this website. We are currently cross referencing file folders you can find the connections at lot faster.
F.R.C.P. 56 provides that summary judgment can only be granted if there is “no genuine issue" as to any material fact and the moving party is entitled to a judgment as a matter of law.” The rule F.R.C.P. 56 being defined.
Just how could there have even been any summary judgment hearing when the Crye-Leike defendants were omitted as being defendants on the first page of the supposed summary judgment transcripts as you can see on this website. That only shows the seller had being a defendant. Meaning a deal had been cut to give Crye-Leike anonymity and to obstruct justice. Yet the Crye-Leike defendants miraculously reappear as being defendants on the fraudulent "Stipulation" we were induced to sign by our lawyers husband that benefited the lawyers working for Crye-Leike and their defendants and the E & O insurance company.
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Arkansas Case No. CV-2009-116-4 was the original case number however in the supposed summary judgement transcripts, it was changed to: CV-2009-116, (minus the 4), a completely different case altogether had been created.
Yet by the day of this supposed hearing we were to find out months after the supposed hearing when we finally received the supposed transcripts after we had to file complaints with the state to get them, that the Crye-Leike defendants had been removed as being defendants on the first page of the supposed summary judgment transcripts and had been given anonymity.
The case number had been altered from the original CV-2009-116-4 to CV-2009-116 (minus the 4), a completely different case conjured out of thin air. As it now it showed that the seller had two lawyers at this supposed hearing when in fact one of those lawyers is the Crye-Leike subordinate lawyer. As you can see on lines 20-21 of the first page of the supposed summary judgment transcripts the case had been altered to Tom and Dawn Mcinnis verses Lee, et al, CV-2009-116 (minus the 4). Again the Crye-Leike defendants were given anonymity. Meaning there could have never been any summary judgment hearing.
As it shows similarly on page 2. Then go check out page 51 of the supposed summary judgment transcripts of the judges personal court reporters Certificate that is dated May 10, 2012 months after the supposed hearing and it shows this case was altered to McINNIS verses LEE, Cleburne, County, January 18, 2012. Again Crye-Leike omitted as being part of this case to give them anonymity. Meaning there was no summary judgment hearing but a colossal summary judgment fraud. And every Officer of the Court knew it.
Yet miraculously the Crye-Leike defendants reappear as being defendants in this case on paper only in the fraudulent "Stipulation" that our lawyers husband fraudulently induced us to sign for his buddies working for Crye-Leike as it was in the fraudulent "Order" as it was in the fraudulent voluntary dismissal. And the original case number restored to CV 2009-116-4. However the official case only reflecting us and the seller as being part of this case.
_____________________________________________________________________________
Rule 3.4 Fairness to Opposing Party and Counsel A lawyer shall not:
(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document
or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
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RULE 1.2 Promoting Confidence in the Judiciary
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
Rule 8.3 Reporting Professional Misconduct
(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional
Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
(b) A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct
that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.
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Contempt- An act of deliberate disobediance fro the laws, regulations, or decorum of a public authority, such as a court or legistrative body. Individuals may be cited for contempt when they disobey an order, fail to comply with requests, tamper with evidence, withhold evidence, interrupt proceedings through actions or words, or otherwise defy a public authority or hold up to redicule and disrespect.
Contempt of Court- the offense of showing disrespect for a court. Contempt may be criminal or civil. Criminal contempt is conduct (whether words or actions) that obstructs or tends to obstruct the administration of justice.
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Intrinsic Fraud is an intentionally false representation that goes to the heart of what the given lawsuit is about, in other words, whether fraud was used to procure the transaction. (If the transaction was fraudulent, it probable does not have a legal status of contract.) Intrinsic fraud is distinguished from extrinsic fraud (a/k/a collateral fraud) which is a deceptive means of keeping a person from discovering and/or enforcing legal rights. Its possible to have either intrinsic or extrinsic frauds, or both.
During a trial, perjury, forgery , and bribery of a witness constitute frauds that might have been relieved by the court. Such actions will usually lead to a mistrial being declared and after any penalties for the involved parties a new trial will take place on the same matter.
Extrinsic fraud is a fraud that “induces one not to present a case or deprives one of the opportunity to be heard (or) is not involved in the actual issues….It can involve fraud on the court, but is not necessarily the same.
More broadly, it is defined as:
Fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evidence to defend a lawsuit. This could include destroying evidence or misleading an ignorant person about the right to sue. Extrinsic fraud is distinguished from intrinsic fraud, “which is the fraud that is subject to a lawsuit.
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Checklist Examples of Lawyer Corruption
- Take a bribe
- To suddenly tell you that your case is not as solid as it was, deliberatly lying to you.
- Deceptively encourage you to accept rediculously low settlements that in no way reflects your damages.
- Get rid of or conceal evidence that is imparrative.
- Bill you for submitting evidence into the court but the evidence never makes it into the court record.
- Supposedly submittign documents “late” into the court which again does not reflect your billing statements from your lawyer.
- Refuse to return most of your phone call or correspondenses as precious time runs out.
- Conceals all facts in evidence from your side of the case as does the opposing counsels.
We were not only the victims of real estate fraud and mortgage fraud but we were the victims we contend by Fraud on the Court by the Officers of the Court. The fact is, unlike what was falsely conveyed that buyers of real estate "can rely" on the Sellers Disclosure. As in our case we had provisions within the contract of absolute reliance to rely on the Sellers Disclosure without limitation and without restriction of any kind. The fact is the lawyers and in his part the judge decided to conceal all facts in evidence from our side of the case that they did not alter to obstruct justice. But then even the Crye-Leike defendants were omitted as being par of this case as you can see on the first page of the supposed summary judgment transcripts.
Arkansas Case No. CV-2009-116-4 was the original case number however in the supposed summary judgement transcripts, it was changed to: CV-2009-116, (minus the 4), a completely different case altogether had been created.
Yet by the day of this supposed hearing we were to find out months after the supposed hearing when we finally received the supposed transcripts after we had to file complaints with the state to get them, that the Crye-Leike defendants had been removed as being defendants on the first page of the supposed summary judgment transcripts and had been given anonymity.
The case number had been altered from the original CV-2009-116-4 to CV-2009-116 (minus the 4), a completely different case conjured out of thin air. As it now it showed that the seller had two lawyers at this supposed hearing when in fact one of those lawyers is the Crye-Leike subordinate lawyer. As you can see on lines 20-21 of the first page of the supposed summary judgment transcripts the case had been altered to Tom and Dawn Mcinnis verses Lee, et al, CV-2009-116 (minus the 4). Again the Crye-Leike defendants were given anonymity. Meaning there could have never been any summary judgment hearing.
As it shows similarly on page 2. Then go check out page 51 of the supposed summary judgment transcripts of the judges personal court reporters Certificate that is dated May 10, 2012 months after the supposed hearing and it shows this case was altered to McINNIS verses LEE, Cleburne, County, January 18, 2012. Again Crye-Leike omitted as being part of this case to give them anonymity. Meaning there was no summary judgment hearing but a colossal summary judgment fraud. And every Officer of the Court knew it.
Yet miraculously the Crye-Leike defendants reappear as being defendants in is case on paper only in the fraudulent "Stipulation" that our lawyers husband fraudulently induced us to sign for his buddies working for Crye-Leike as it was in the fraudulent "Order" as it was in the fraudulent voluntary dismissal. And the original case number restored to CV 2009-116-4. However the official case only reflecting us and the seller as being part of this case.
_____________________________________________________________________________
Rule 3.4 Fairness to Opposing Party and Counsel A lawyer shall not:
(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document
or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
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RULE 1.2 Promoting Confidence in the Judiciary
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
Rule 8.3 Reporting Professional Misconduct
(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional
Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
(b) A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct
that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.
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Rule 8.3 Reporting Professional Misconduct
(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional
Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
(b) A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct
that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.
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Realtor Violations
17-42-311. Violations.
(a) The following acts, conduct, or practice are prohibited, and any licensee found guilty shall be subject to disciplinary action as provided in 17-42-312:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment;
(2) Violating any of the the provisions of this chapter or any rules or regulations adopted pursuant thereto or any order issued thereunder;
(3) Being convicted of or pleading guilty or nolo contendre to a felonly or crime involving moral turpitude, fraud, dishonesty, untruthfulness, or un trustworthiness regardless of whether the imposition of sentence has been deferred or suspended;
(4) Making any substantial misrepresentation;
(5) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, description, or promises of such character as to reasonably induce, persuade, or influence any person to act thereon;
(6) Failing, within a reasonable time, to account for or to remit any moneys coming into his or her possession which belong to others;
(7) Committing any act involving moral turpitude, fraud, dishonesty, untruthfulness, or
trustworthiness;
(8) Acting for more than one (1) party in a transaction without the knowledge of all parties for who he or she acts, or accepting a commission or valuable consideration for the performance of any of the acts
(9) (9-07) page 14 Specified in this chapter from any person except the licensed principal broker under whom he or she is licensed;
(10) Acting as a broker or salesperson while not licensed with the principle broker, representing or attempting to represent a broker other than the principle broker with whom he or she is affiliated without the express knowledge and consent of such principle broker,or representing himself or herself as a salesperson or having a contractual relationship similar to that of a salesperson with anyone other than a licensed principle broker.
(11) Advertising in a false, misleading, or deceptive manner;
(12) Being untrustworthy or incompetent to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public;
(13) Paying a commission or valuable consideration to an unlicensed person for participation in a real estate auction; and
(14) Any other conduct, whether of the same or a different character from that herein-before specified, which constitutes improper, fraudulent, or dishonest dealing.
(b) Any license obtained through mistake or inadvertence shall be subject to revocation.
(c) A licensee whose license is revoked pursuant to this section shall eligible to
apply for a new licensee after the expiration of two (2) years from the date of revocation
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Disclosure
It is the agent’s duty to keep the principal informed of all facts or information that could affect a transaction. Duty of disclosure includes relevant information or material facts that the agent knows or should have known.
The agent is obligated to discover facts that a reasonable person would feel are important in choosing a course of action, regardless of whether those facts are favorable or unfavorable to the principal’s position. The agent may be held liable for damages for failing to disclose such information. (But when the realtors are using fraudulent real estate contracts with conflicting contractual terms in the first place they have no intention of disclosing anything; only concealing like concealing the septic plat disclosure. And then allowing the misappropriating of the buyers funds illegally through the title company to make sure the house sells before all terms of the contract are fulfilled which in fact can never be fulfilled when the real estate contract were fraudulent in the first place with conflicting contractual terms and a false Sellers Disclosure.)
However, a seller’s agent is also expected (and required under many state’s laws) to disclose information about known material defects in the property to prospective buyers. While this seems a violation of the agent’s duty of total allegiance to the seller, this requirement falls under the real estate professional’s broader duty to serve the general public and is in the agent’s long-term interest.
Once again this proves the Crye-Leike agent has a duty to the buyer, unlike what the Crye-Leike agent’s attorney claimed. Not only are there laws in Arkansas for this; it is also taught to the Arkansas Real Estate students who are seeking to be licensed by the state. If you do not agree to this on the test you would not pass. (Yet our attorney and her husband allow opposing counsel to obstruct justice all the way through the Crye-Leike subordinate lawyers late Response to Motion to Strike Depositions, and the sellers lawyers Motion for Summary Judgment and supposed transcripts with no objection to the disinformation.
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Property Conditions
The seller has a duty to discover and disclose any known latent defects that the threatened structural soundness or personal safety. A latent defect is a hidden structural defect that would not be discovered by ordinary inspection. Buyers have been able to either rescind the sales contract or receive damages when a seller fails to reveal known defects.
The courts also have decided in favor of the buyer when the seller neglected to reveal violations of zoning or building codes. Increasingly, however, there is a growing trend of not only the right but the responsibility of the buyer for any damages resulting in that defect.
In addition to the seller’s duty to disclose latent defects, in some states the agent has an independent duty to conduct a reasonably competent and diligent inspection of the property. It is the licensee’s duty to discover any material facts that may affect the property’s value or desirability, whether or not they are known to or disclosed by the seller. Any such material facts discovered by the licensee must be disclosed to prospective buyers. If the licensee should have known about a substantial defect that is detected later by the buyer, the agent may be liable for any damages resulting from that defect.
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Realty of consent
A contract that complies with all of the basic requirements may still be either void or voidable. This is because of the doctrine of realty of consent. A contract must be entered into as the free and voluntary act of each party. Each party must be able to make a prudent and knowledgeable decision without undue influence. A mistake, misrepresentation, fraud, undue influence, or duress would deprive a person of that ability. If any of these circumstances is present, the contract is voidable by the injured party. If the other party were to sue for breach, the injured party could use lack of voluntary assent as a defense.
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Opinion verses Fact
Brokers, salespersons, and other staff members must always be careful about statements they make. They must be sure that the customer understands whether the statement is an opinion or a fact. Statements of opinions are permissible only as long as they are offered as opinions and without any intention to deceive.
Statements of fact, however, must be accurate. Exaggerations of a property’s benefits is called puffing. While puffing is legal, licensees must ensure that none of their statements can be interpreted as fraudulent. Fraud is the intentional misrepresentation of material fact in such a way as to harm or take advantage of another person. That includes not only making false statements about a property but also intentionally concealing or failing to disclose important facts.
This misrepresentation or omission does not have to be intentional to result in broker liability. A negligent misrepresentation occurs when the broker should have known that a statement about a material fact was false. The fact that the broker may actually be ignorant about the issue is no excuse. If the buyer relies on the broker’s statement, the broker is liable for any damages that result. Similarly, if a broker accidentally fails to perform some act—for instance, if he or she forgets to deliver a counteroffer—the
broker may be liable for damages that result from a negligent omission.
If a contract to purchase real estate is obtained as a result of fraudulent miss-statements, the contract may be disaffirmed or renounced by the purchaser. In such a case, the broker not only loses a commission but he can be liable for damages if either party suffers loss because of the misrepresentation. If the licensee had no independent duty to investigate their accuracy, the broker may be entitled to a commission, even if the buyer rescinds the contract.
How much more so when the Realtors have allowed the title company to illegally misappropriated the buyers funds instead of holding the funds in escrow until all terms have been fulfilled within the contract.
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Real Estate License Law
Because brokers and salespersons are involved with other people's real estate and money, the need for regulation of their activities has long been recognized. The purpose of real estate license laws is to protect the public from fraud, dishonesty and incompetence in real estate transactions.
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In Practice
Remember that saying the condition of property is “as-is” does not preclude provisions already in the contract. “AS-IS” sellers sometimes complain because they are still expected to have the plumbing, electrical, and mechanical systems, plus all appliances in working order as is often specified in the contract. If sellers truly mean “as-is”, they must cross out any printed provisions existing in the contract that relate to the condition of systems and appliances.
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Legal purpose
A contract must be for a legal purpose, that is, even with all the other elements (consent, competent parties, consideration, and offer and acceptance), if the contract is to do something illegal, it is not a valid contract.
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Validity of contracts
A contract can be described as valid, void, voidable, or unenforceable, depending on the circumstances. A contract is valid when it meets all the essential elements that make it legally sufficient, depending on the circumstances.
A contract is void when it has no legal force or effect because it lacks some or all of the essential elements of a contract. A contract that is void was never a contract in the eyes of the law.
A contract that is voidable appears on the surface to be valid but may be rescinded
or dis affirmed by one or both parties based on some legal principal. A voidable contract is considered by the courts to be valid if the party who has the option to dis affirm the agreement does not do so within a period of time prescribed by state law.
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Seller Representation
Though obligated to deal fairly with all parties to a transaction and to comply with all aspects of the license law, the broker is strictly accountable only to the principal.
Again, unlike what the attorney for the Crye-Leike agent claimed. The Crye-leike agent does have a duty to third parties to deal fairly and honestly.
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Undisclosed Dual Agency
This undisclosed dual agency violates licensing laws. It can result in the rescission of the sales contract, forfeiture of a commission, a lawsuit for damages, and possible license problems.
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Amendment and addendum's
An amendment is a change to the existing content of a contract. Any time words or provisions are added to or deleted from the body of the contract. Any time words are added to or deleted from the body of the contract, the contract has been amended.
On the other hand, an addendum is any provision added to an existing contract without altering the content of the original. An addendum is essentially a new contract between the parties that includes the original contract’s provisions by reference, that is, the addendum mentions the original contract. An addendum must be signed by all parties.
Agents Responsibility to Third Persons
Even though one of the agent’s obligations to the principal consists of the requirement not to disclose certain confidential information to third parties that would be injurious to the principal, the agent may not disclose any material facts of which they have knowledge or should have had knowledge regarding the condition of any service or item provided. For example, a seller’s broker must disclose to prospective buyers any condition of the property that may be defective, such as a septic system, wet basement, boundary disputes, and so on. Liability may be imposed upon the agent for concealing defects in property or for failing to disclose the existence of defects, or even failing to make reasonable attempts to discover the defects.
The basis for imposing liability in the case of misrepresentation consists of (a) a false representation of material fact, (b) the fact that the person making the false representation knew or should have known it to be false; (c) the fact that the misrepresentation was made with an intent to induce the party to act or refrain from acting in reliance upon the misrepresentation; (d) the fact that there was damage to the party who relied upon the misrepresentation in acting or failing to act; (e) the fact that there was damage to the party who relied upon the misrepresentation in acting or not acting.
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Consideration: The contract must be based on consideration. Consideration is something of legal value offered by one party and accepted by another as an inducement to perform or to refrain from performing some act. The only requirements are that the parties agree and that no undue influence or fraud has occurred.
Reality of Consent: A contract that complies with all of the basic requirements may still be either void or voidable. This is because of the doctrine of reality of consent. A Contract must be entered into as the free and voluntary act of each party. Each party must be able to make a prudent and knowledgeable decision without undue influence, a mistake, misrepresentation, fraud, undue influence or duress would deprive a person of that ability. If any of these circumstances is present, the contract is voidable by the injured party.
Validity of contracts. A contract can be described as valid, void, voidable, or unenforceable. A contract is void when it has no legal force or effect because it lacks some or all of the essential elements of a contract. A contract that is void was never a contract in the eyes of the law. (unless of course the state turns a blind eye.)
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Duty of Disclosure and As-Is Properties (Which ours was not)
Duty of disclosure includes relevant information or material facts that the agent knows or should have known.
It is the seller’s agent’s duty to disclose relevant information or material facts that the agent knows or should have known. The agent is obligated to discover facts that a reasonable person would feel are important in choosing a course of action, regardless of whether those facts are favorable or unfavorable to the principal’s position. The agent may be held liable for damages for failing to disclose such information.
Saying that the condition of the property is as-is does not preclude provisions already in the contract. As-Is seller’s sometimes complain because they are still expected to have plumbing, electrical, and mechanical systems, plies all appliances in working order “as-is” often specified in the contract. If seller’s truly means “as-is”, they must cross out any printed provisions existing in the contract that relate to conditions of systems and appliances.
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Disclosure
It is the agent’s duty to keep the principal informed of all facts or information that could affect a transaction. Duty of disclosure includes relevant information or material facts that the agent knows or should have known.
The agent is obligated to discover facts that a reasonable person would feel are important in choosing a course of action, regardless of whether those facts are favorable or unfavorable to the principal’s position. The agent may be held liable for damages for failing to disclose such information. (But when the realtors are using fraudulent real estate contracts with conflicting contractual terms in the first place they have no intention of disclosing anything; only concealing like concealing the septic plat disclosure. And then allowing the misappropriating of the buyers funds illegally through the title company to make sure the house sells before all terms of the contract are fulfilled which in fact can never be fulfilled when the real estate contract were fraudulent in the first place with conflicting contractual terms and a false Sellers Disclosure.)
However, a seller’s agent is also expected (and required under many state’s laws) to disclose information about known material defects in the property to prospective buyers. While this seems a violation of the agent’s duty of total allegiance to the seller, this requirement falls under the real estate professional’s broader duty to serve the general public and is in the agent’s long-term interest.
Once again this proves the Crye-Leike agent has a duty to the buyer, unlike what the Crye-Leike agent’s attorney claimed. Some of these duties are the Duty of Disclosure, Consideration, Property Conditions, fairness to third parties so that the buyer can make an informed decision as to whether or not to buy the home that falls under the Reality of Consent.
Not only are there laws in Arkansas for this; it is also taught to the Arkansas Real Estate students who are seeking to be licensed by the state. If you do not agree to this on the test you would not pass. (Yet our attorney and her husband allow opposing counsel to obstruct justice all the way through the Crye-Leike subordinate lawyers late Response to Motion to Strike Depositions, and the sellers lawyers Motion for Summary Judgment and supposed transcripts with no objection to the disinformation.
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Arkansas Case No. CV-2009-116-4 was the original case number however in the supposed summary judgement transcripts, it was changed to: CV-2009-116, (minus the 4), a completely different case altogether had been created.
Yet by the day of this supposed hearing we were to find out months after the supposed hearing when we finally received the supposed transcripts after we had to file complaints with the state to get them, that the Crye-Leike defendants had been removed as being defendants on the first page of the supposed summary judgment transcripts and had been given anonymity.
The case number had been altered from the original CV-2009-116-4 to CV-2009-116 (minus the 4), a completely different case conjured out of thin air. As it now it showed that the seller had two lawyers at this supposed hearing when in fact one of those lawyers is the Crye-Leike subordinate lawyer. As you can see on lines 20-21 of the first page of the supposed summary judgment transcripts the case had been altered to Tom and Dawn Mcinnis verses Lee, et al, CV-2009-116 (minus the 4). Again the Crye-Leike defendants were given anonymity. Meaning there could have never been any summary judgment hearing.
As it shows similarly on page 2. Then go check out page 51 of the supposed summary judgment transcripts of the judges personal court reporters Certificate that is dated May 10, 2012 months after the supposed hearing and it shows this case was altered to McINNIS verses LEE, Cleburne, County, January 18, 2012. Again Crye-Leike omitted as being part of this case to give them anonymity. Meaning there was no summary judgment hearing but a colossal summary judgment fraud. And every Officer of the Court knew it.
Yet miraculously the Crye-Leike defendants reappear as being defendants in is case on paper only in the fraudulent "Stipulation" that our lawyers husband fraudulently induced us to sign for his buddies working for Crye-Leike as it was in the fraudulent "Order" as it was in the fraudulent voluntary dismissal. And the original case number restored to CV 2009-116-4. However the official case only reflecting us and the seller as being part of this case.
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Rule 3.4 Fairness to Opposing Party and Counsel A lawyer shall not:
(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document
or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
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RULE 1.2 Promoting Confidence in the Judiciary
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
Rule 8.3 Reporting Professional Misconduct
(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional
Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
(b) A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct
that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.
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Rule 8.3 Reporting Professional Misconduct
(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional
Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
(b) A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct
that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.
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Realtor Violations
17-42-311. Violations.
(a) The following acts, conduct, or practice are prohibited, and any licensee found guilty shall be subject to disciplinary action as provided in 17-42-312:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment;
(2) Violating any of the the provisions of this chapter or any rules or regulations adopted pursuant thereto or any order issued thereunder;
(3) Being convicted of or pleading guilty or nolo contendre to a felonly or crime involving moral turpitude, fraud, dishonesty, untruthfulness, or un trustworthiness regardless of whether the imposition of sentence has been deferred or suspended;
(4) Making any substantial misrepresentation;
(5) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, description, or promises of such character as to reasonably induce, persuade, or influence any person to act thereon;
(6) Failing, within a reasonable time, to account for or to remit any moneys coming into his or her possession which belong to others;
(7) Committing any act involving moral turpitude, fraud, dishonesty, untruthfulness, or
trustworthiness;
(8) Acting for more than one (1) party in a transaction without the knowledge of all parties for who he or she acts, or accepting a commission or valuable consideration for the performance of any of the acts
(9) (9-07) page 14 Specified in this chapter from any person except the licensed principal broker under whom he or she is licensed;
(10) Acting as a broker or salesperson while not licensed with the principle broker, representing or attempting to represent a broker other than the principle broker with whom he or she is affiliated without the express knowledge and consent of such principle broker,or representing himself or herself as a salesperson or having a contractual relationship similar to that of a salesperson with anyone other than a licensed principle broker.
(11) Advertising in a false, misleading, or deceptive manner;
(12) Being untrustworthy or incompetent to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public;
(13) Paying a commission or valuable consideration to an unlicensed person for participation in a real estate auction; and
(14) Any other conduct, whether of the same or a different character from that herein-before specified, which constitutes improper, fraudulent, or dishonest dealing.
(b) Any license obtained through mistake or inadvertence shall be subject to revocation.
(c) A licensee whose license is revoked pursuant to this section shall eligible to
apply for a new licensee after the expiration of two (2) years from the date of revocation
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Disclosure
It is the agent’s duty to keep the principal informed of all facts or information that could affect a transaction. Duty of disclosure includes relevant information or material facts that the agent knows or should have known.
The agent is obligated to discover facts that a reasonable person would feel are important in choosing a course of action, regardless of whether those facts are favorable or unfavorable to the principal’s position. The agent may be held liable for damages for failing to disclose such information. (But when the realtors are using fraudulent real estate contracts with conflicting contractual terms in the first place they have no intention of disclosing anything; only concealing like concealing the septic plat disclosure. And then allowing the misappropriating of the buyers funds illegally through the title company to make sure the house sells before all terms of the contract are fulfilled which in fact can never be fulfilled when the real estate contract were fraudulent in the first place with conflicting contractual terms and a false Sellers Disclosure.)
However, a seller’s agent is also expected (and required under many state’s laws) to disclose information about known material defects in the property to prospective buyers. While this seems a violation of the agent’s duty of total allegiance to the seller, this requirement falls under the real estate professional’s broader duty to serve the general public and is in the agent’s long-term interest.
Once again this proves the Crye-Leike agent has a duty to the buyer, unlike what the Crye-Leike agent’s attorney claimed. Not only are there laws in Arkansas for this; it is also taught to the Arkansas Real Estate students who are seeking to be licensed by the state. If you do not agree to this on the test you would not pass. (Yet our attorney and her husband allow opposing counsel to obstruct justice all the way through the Crye-Leike subordinate lawyers late Response to Motion to Strike Depositions, and the sellers lawyers Motion for Summary Judgment and supposed transcripts with no objection to the disinformation.
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Property Conditions
The seller has a duty to discover and disclose any known latent defects that the threatened structural soundness or personal safety. A latent defect is a hidden structural defect that would not be discovered by ordinary inspection. Buyers have been able to either rescind the sales contract or receive damages when a seller fails to reveal known defects.
The courts also have decided in favor of the buyer when the seller neglected to reveal violations of zoning or building codes. Increasingly, however, there is a growing trend of not only the right but the responsibility of the buyer for any damages resulting in that defect.
In addition to the seller’s duty to disclose latent defects, in some states the agent has an independent duty to conduct a reasonably competent and diligent inspection of the property. It is the licensee’s duty to discover any material facts that may affect the property’s value or desirability, whether or not they are known to or disclosed by the seller. Any such material facts discovered by the licensee must be disclosed to prospective buyers. If the licensee should have known about a substantial defect that is detected later by the buyer, the agent may be liable for any damages resulting from that defect.
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Realty of consent
A contract that complies with all of the basic requirements may still be either void or voidable. This is because of the doctrine of realty of consent. A contract must be entered into as the free and voluntary act of each party. Each party must be able to make a prudent and knowledgeable decision without undue influence. A mistake, misrepresentation, fraud, undue influence, or duress would deprive a person of that ability. If any of these circumstances is present, the contract is voidable by the injured party. If the other party were to sue for breach, the injured party could use lack of voluntary assent as a defense.
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Opinion verses Fact
Brokers, salespersons, and other staff members must always be careful about statements they make. They must be sure that the customer understands whether the statement is an opinion or a fact. Statements of opinions are permissible only as long as they are offered as opinions and without any intention to deceive.
Statements of fact, however, must be accurate. Exaggerations of a property’s benefits is called puffing. While puffing is legal, licensees must ensure that none of their statements can be interpreted as fraudulent. Fraud is the intentional misrepresentation of material fact in such a way as to harm or take advantage of another person. That includes not only making false statements about a property but also intentionally concealing or failing to disclose important facts.
This misrepresentation or omission does not have to be intentional to result in broker liability. A negligent misrepresentation occurs when the broker should have known that a statement about a material fact was false. The fact that the broker may actually be ignorant about the issue is no excuse. If the buyer relies on the broker’s statement, the broker is liable for any damages that result. Similarly, if a broker accidentally fails to perform some act—for instance, if he or she forgets to deliver a counteroffer—the
broker may be liable for damages that result from a negligent omission.
If a contract to purchase real estate is obtained as a result of fraudulent miss-statements, the contract may be disaffirmed or renounced by the purchaser. In such a case, the broker not only loses a commission but he can be liable for damages if either party suffers loss because of the misrepresentation. If the licensee had no independent duty to investigate their accuracy, the broker may be entitled to a commission, even if the buyer rescinds the contract.
How much more so when the Realtors have allowed the title company to illegally misappropriated the buyers funds instead of holding the funds in escrow until all terms have been fulfilled within the contract.
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Real Estate License Law
Because brokers and salespersons are involved with other people's real estate and money, the need for regulation of their activities has long been recognized. The purpose of real estate license laws is to protect the public from fraud, dishonesty and incompetence in real estate transactions.
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In Practice
Remember that saying the condition of property is “as-is” does not preclude provisions already in the contract. “AS-IS” sellers sometimes complain because they are still expected to have the plumbing, electrical, and mechanical systems, plus all appliances in working order as is often specified in the contract. If sellers truly mean “as-is”, they must cross out any printed provisions existing in the contract that relate to the condition of systems and appliances.
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Legal purpose
A contract must be for a legal purpose, that is, even with all the other elements (consent, competent parties, consideration, and offer and acceptance), if the contract is to do something illegal, it is not a valid contract.
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Validity of contracts
A contract can be described as valid, void, voidable, or unenforceable, depending on the circumstances. A contract is valid when it meets all the essential elements that make it legally sufficient, depending on the circumstances.
A contract is void when it has no legal force or effect because it lacks some or all of the essential elements of a contract. A contract that is void was never a contract in the eyes of the law.
A contract that is voidable appears on the surface to be valid but may be rescinded
or dis affirmed by one or both parties based on some legal principal. A voidable contract is considered by the courts to be valid if the party who has the option to dis affirm the agreement does not do so within a period of time prescribed by state law.
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Seller Representation
Though obligated to deal fairly with all parties to a transaction and to comply with all aspects of the license law, the broker is strictly accountable only to the principal.
Again, unlike what the attorney for the Crye-Leike agent claimed. The Crye-leike agent does have a duty to third parties to deal fairly and honestly.
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Undisclosed Dual Agency
This undisclosed dual agency violates licensing laws. It can result in the rescission of the sales contract, forfeiture of a commission, a lawsuit for damages, and possible license problems.
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Amendment and addendum's
An amendment is a change to the existing content of a contract. Any time words or provisions are added to or deleted from the body of the contract. Any time words are added to or deleted from the body of the contract, the contract has been amended.
On the other hand, an addendum is any provision added to an existing contract without altering the content of the original. An addendum is essentially a new contract between the parties that includes the original contract’s provisions by reference, that is, the addendum mentions the original contract. An addendum must be signed by all parties.
Agents Responsibility to Third Persons
Even though one of the agent’s obligations to the principal consists of the requirement not to disclose certain confidential information to third parties that would be injurious to the principal, the agent may not disclose any material facts of which they have knowledge or should have had knowledge regarding the condition of any service or item provided. For example, a seller’s broker must disclose to prospective buyers any condition of the property that may be defective, such as a septic system, wet basement, boundary disputes, and so on. Liability may be imposed upon the agent for concealing defects in property or for failing to disclose the existence of defects, or even failing to make reasonable attempts to discover the defects.
The basis for imposing liability in the case of misrepresentation consists of (a) a false representation of material fact, (b) the fact that the person making the false representation knew or should have known it to be false; (c) the fact that the misrepresentation was made with an intent to induce the party to act or refrain from acting in reliance upon the misrepresentation; (d) the fact that there was damage to the party who relied upon the misrepresentation in acting or failing to act; (e) the fact that there was damage to the party who relied upon the misrepresentation in acting or not acting.
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Consideration: The contract must be based on consideration. Consideration is something of legal value offered by one party and accepted by another as an inducement to perform or to refrain from performing some act. The only requirements are that the parties agree and that no undue influence or fraud has occurred.
Reality of Consent: A contract that complies with all of the basic requirements may still be either void or voidable. This is because of the doctrine of reality of consent. A Contract must be entered into as the free and voluntary act of each party. Each party must be able to make a prudent and knowledgeable decision without undue influence, a mistake, misrepresentation, fraud, undue influence or duress would deprive a person of that ability. If any of these circumstances is present, the contract is voidable by the injured party.
Validity of contracts. A contract can be described as valid, void, voidable, or unenforceable. A contract is void when it has no legal force or effect because it lacks some or all of the essential elements of a contract. A contract that is void was never a contract in the eyes of the law. (unless of course the state turns a blind eye.)
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Duty of Disclosure and As-Is Properties (Which ours was not)
Duty of disclosure includes relevant information or material facts that the agent knows or should have known.
It is the seller’s agent’s duty to disclose relevant information or material facts that the agent knows or should have known. The agent is obligated to discover facts that a reasonable person would feel are important in choosing a course of action, regardless of whether those facts are favorable or unfavorable to the principal’s position. The agent may be held liable for damages for failing to disclose such information.
Saying that the condition of the property is as-is does not preclude provisions already in the contract. As-Is seller’s sometimes complain because they are still expected to have plumbing, electrical, and mechanical systems, plies all appliances in working order “as-is” often specified in the contract. If seller’s truly means “as-is”, they must cross out any printed provisions existing in the contract that relate to conditions of systems and appliances.
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Disclosure
It is the agent’s duty to keep the principal informed of all facts or information that could affect a transaction. Duty of disclosure includes relevant information or material facts that the agent knows or should have known.
The agent is obligated to discover facts that a reasonable person would feel are important in choosing a course of action, regardless of whether those facts are favorable or unfavorable to the principal’s position. The agent may be held liable for damages for failing to disclose such information. (But when the realtors are using fraudulent real estate contracts with conflicting contractual terms in the first place they have no intention of disclosing anything; only concealing like concealing the septic plat disclosure. And then allowing the misappropriating of the buyers funds illegally through the title company to make sure the house sells before all terms of the contract are fulfilled which in fact can never be fulfilled when the real estate contract were fraudulent in the first place with conflicting contractual terms and a false Sellers Disclosure.)
However, a seller’s agent is also expected (and required under many state’s laws) to disclose information about known material defects in the property to prospective buyers. While this seems a violation of the agent’s duty of total allegiance to the seller, this requirement falls under the real estate professional’s broader duty to serve the general public and is in the agent’s long-term interest.
Once again this proves the Crye-Leike agent has a duty to the buyer, unlike what the Crye-Leike agent’s attorney claimed. Some of these duties are the Duty of Disclosure, Consideration, Property Conditions, fairness to third parties so that the buyer can make an informed decision as to whether or not to buy the home that falls under the Reality of Consent.
Not only are there laws in Arkansas for this; it is also taught to the Arkansas Real Estate students who are seeking to be licensed by the state. If you do not agree to this on the test you would not pass. (Yet our attorney and her husband allow opposing counsel to obstruct justice all the way through the Crye-Leike subordinate lawyers late Response to Motion to Strike Depositions, and the sellers lawyers Motion for Summary Judgment and supposed transcripts with no objection to the disinformation.
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Any duplication of this website is strictly prohibited. If any copies are made the copies cannot be deemed authentic unless I personally authenticate the information per copy. We know this website is experiencing problems and missing some elements that have already been put in the site. Thank you. We at the same time are backing up our files to hard copy and memory sticks. Currently we are loading the exhibits on this website in a new folder. These are the actual documents to so further proof what the lawyers omitted and concealed from being cited.
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