T12a – Missing Appliances, Mold Disclosure, and Agent Misrepresentation

Photo placeholder for mold and missing laundry appliances

“Did she tell you this? She said the property had full laundry in-unit and told us to bring our pets without informing you. Now we’re told to move out by noon after raising the issue of the missing washer and dryer.”

— Email from Michael Gasio to Phat Tran, April 28, 2022

1. Timeline of Events

On April 28, 2022, tenant Michael Gasio notified owner Phat Tran that realtor Anna Ly had listed the property with in-unit laundry and pet accommodation. Upon moving in, no washer or dryer were present. When the tenants questioned the discrepancy, they were told to vacate by noon that same day.

2. Misrepresentation by Listing Agent

Agent Anna Ly advertised “Full In-Unit Laundry” despite the property lacking those appliances.
She instructed the tenants to bring their dogs without the owner’s approval, then reversed her statement after move-in.
She acted as the owner’s representative while concealing material defects and misstating property features.

3. Legal Implications

The agent’s conduct constitutes multiple statutory and fiduciary violations:

Bus. & Prof. Code §17500 – False Advertising (listing non-existent appliances).
Bus. & Prof. Code §10176(a) – Misrepresentation in Real Estate Practice.
Civil Code §1710 – Intentional Concealment of Material Facts.
Civil Code §1940.2(a) – Coercion or Retaliation following a tenant’s good-faith complaint.

4. Constructive Eviction and Fraud Indicators

Being told to vacate immediately after raising legitimate concerns, despite payment and possession, establishes constructive eviction and supports fraudulent inducement claims. The agent’s statements and lack of walk-through documentation show premeditated concealment of habitability issues, including mold.

Key Evidence and Cross-References
Document / Exhibit	Summary
T12	Original listing showing “Laundry In Unit” and “Pet Friendly.”
T12a	Email proof of agent misrepresentation and retaliatory conduct.
Photo Evidence	Mold at property baseboard area; missing appliances on move-in day.

5. Summary

This communication confirms the owner and agent were aware of the false listing and retaliated against the tenants after being confronted. The agent’s failure to perform a walk-through or correct misrepresentations prior to demanding vacancy violates California Real Estate law and supports inclusion in the fraud, retaliation, and RICO counts.