Document 2: Contract Misrepresentation & Broker Liability

Gasio v. Tran et al. – Submission to Orange County District Attorney

This packet continues the evidentiary trail showing that Berkshire Hathaway HomeServices and its agent Hanson Le knowingly presented a rental agreement to the court that omitted tenant protections, misrepresented the contract status, and concealed funds already received. The parties involved solicited new applications, accepted payment, and retroactively denied receipt of funds—despite confirmation and delivery proof.

Key Violations Supported:
- CA Civ. Code §1950.5(f): Walkthrough obligation
- 18 U.S.C. §1341: Mail Fraud
- 18 U.S.C. §1343: Wire Fraud
- 18 U.S.C. §1962(c): RICO Pattern
- B&P Code §10125: Unlicensed Activity

Exhibit A – Credit Applications Showing Residency Since 2022

Credit application showing move-in in 2022

 

Three separate credit applications establish legal residency beginning April 2022.

This contradicts all claims that tenancy started later.

30 day no pay

Rent was documented at $5,000, and no addendum was signed raising it.

Exhibit B – Owner Names Berkshire Agent Hanson Le

 

 

Text confirming Hanson Le as property manager

Phat Tran names Hanson Le as his appointed property manager.

This establishes agency link for all actions taken under Berkshire’s license.

Exhibit C – Signed Lease Payment USPS Confirms Berkshire Office Delivery and Hanson Le Agent

Lease showing Berkshire and Hanson Le as broker

Image above shows Hanson Le acted for both tenant and landlord under Berkshire Hathaway’s license. He signed as agent on April 26, 2024, with dual representation at 5848 Edinger Ave, Huntington Beach.

 

He had resigned weeks earlier from representing ether party.

 

Exhibit D – Authentisign Confirms Signature by Le for New Contract with Berkshire hansonle@bhhsCAprops.com

 

Authentisign confirmation for Hanson Le

 

Exhibit E –In Superior Court Owner Attempts to Deny Lease, However Acknowledges Payment in Text Message 5/30/2024 Agent Paid as Agreed Despite the executed contract, the landlord later attempts to disavow it by saying "you did not want to sign"—yet acknowledges rent was received into Hanson Le's account.

Text from Phat Tran acknowledging payment, denying contract

 

Exhibit F – Wire Confirmation & USPS Delivery

Wire transfer screenshot

$5,000 payment was wired into landlord’s designated account. USPS record confirms receipt of related package at the Huntington Beach office, signed by HH (Hanson Le or staff).

Exhibit G – Lease Contract & Renewal Mismatch

Conflict between lease version and renewal

Berkshire's renewal email solicits application and signatures for a 12-month lease at $5,350—despite the accepted agreement for $5,000. This was done while holding payment in escrow and refusing to honor the lower rent.

📌 Summary

Defendant signed a binding lease with a Berkshire Hathaway agent. Payment was accepted. Later, the parties reversed course without legal cancellation, asserting the contract was invalid despite signing confirmations and full delivery of funds. Evidence shows intent to mislead, conceal financial instruments, and use court fraudulently. DRE complaint is pending under Tom Nguyen.