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

 

 

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

 

 

 

Owners Text Message in June 2024 full knowlage payment recived.

 

Authentisign confirmation for Hanson Le

 

 

 

 

Exhibit E –In Superior Court owner attempts to deny lease, however acknowledges payment in text message in June 2024, but attempts to disavow it by saying "you did not want to sign"—yet acknowledges rent was received into Hanson Le's account per contract

Text from Phat Tran acknowledging payment, denying contract

“Tenant notifies agent: $5,000 paid to owner’s private account last week.

Agent receives notice while no contract shown or signed , establishing full awareness of active tenancy. Subsequent concealment constitutes material omission, and misuse of wire-confirmed bank funds supports allegations of wire fraud (18 U.S.C. §1343), bank fraud (18 U.S.C. §1344), and RICO predicate acts (18 U.S.C. §1962).”

 

 

Exhibit F – Wire Confirmation & USPS Delivery

$5,000 payment was wired into landlord’s designated account.

 

USPS record confirms receipt of June 1 pound package at the Huntington Beach office, signed by HH (Hanson Le or staff HH).

 

 

 

Exhibit G – Lease Contract & Renewal Mismatch 04/21/2022 Conflict between lease version and renewal

 

 

Wire transfer screenshot

 

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.