There are three parties in the complaint below. They are as follows:
1). The filer of the complaint, who is the victim. The filer of the complaint refers to himself in third party narrative below (ref. As Victim).
2). Emery's partner, who is no longer a Realtor, is referred to as partner or Emery's partner below.
3). Robert (Bob) Emery, the offending party.
* Summary of the offenses *
Emery participated in a series of acts where he misused the Knoxville MLS, committed Realtor 'sign-crossing' where the property owner was obligated to pay a double commission, and committed perjury attempting to cover up.
It is also suspected that, attempting to destroy evidence, he may have beforehand known about a year 2000 break in of the Knoxville Association of Realtor building where the burglars caused significant disarray.
* Description and enumeration of the offenses *
- Emery's partner, who was a Realtor, told the Victim that he was suffering from a lack of business and asked the Victim for help. Trying to help, in naive fashion the Victim gave Emery's partner one half of a $720,000 listing.
- The Victim did not have a Knoxville MLS membership. Emery's partner did have a Knoxville MLS membership. The listing expired. Emery's partner used their MLS membership to offer to the listing client. They then stole the $720,000 listing.
- The Victim had brokered a ground lease contract to a tenant. The property was under the ground lease contract when Emery's partner stole the listing. He knew about the ground lease.
- Listing a property that is under contract is called 'sign crossing.' Sign crossing often contractually obligates the client to pay a double commission. Emery and his partner's act of sign crossing did just exactly that - obligate the client to pay a double commission.
- The Victim was not privy to Emery and his partner's listing and had no way of proving that they had made a contractual listing agreement with the client.
- The property sold in October of the year 2000. The total commission was $36,000. It was after the ground lease had expired. The Victim filed a law suit in the small claims court. Emery's partner lied about his intent. Emery committed perjury or made a denial about a key piece of evidence. The Victim was unable to prevail.
- The Victim filed a complaint with the Knoxville Area Association of Realtors (KAAR). Emery filed his response to the complaint. His partner filed his response. That night the KAAR building was burglarized. The KAAR Exec. Vice President said that 'there are papers everywhere.'
- Both Emery and his partner claim to be Christians. They are known to proselytize local homeless shelters. The Victim suspects that possibly members of their religious group broke into the KAAR building seeking to destroy their responses to the complaints.
- Emery and his partner were members of a Realtor firm called Volunteer Realty. Volunteer Realty had 100 or more agents.
- The KAAR did not take the complaint very seriously. The Volunteer Realty agents paid tens, maybe hundreds, of thousands of dollars in membership dues. A finding of guilty could have subjected Volunteer Realty to a possibly very serious law suit. Not surprisingly, the KAAR exonerated Emery and his partner.
- It was not until after Emery and his partner filed their responses to the complaint that the Victim had proof that Emery and his partner had listed the property while it was under ground lease. They made the admission that they had listed the property in their responses to the complaint filed with KAAR.
- The Victim filed a complaint with the Tennessee Real Estate Commission (TREC). They had possession of the ground lease. It was the year 2001.
- The manager of Volunteer Realty, Jim Ford, had inherited the business. He was not a very competent business person. Ford knew what Emery and his partner had done and was worried. Soon after the Victim filed the complaint Ford sold Volunteer Realty to a larger, more affluent firm called Coldwell Banker Wallace & Wallace.
- The then-TREC was not under the current gubernatorial administration. The TREC said that they found no wrong doing on the part of Emery and his partner. Yet, they had documented proof where Emery and his partner had crossed the sign. We think that there was partisan politics involved in their clearing.
- Robert (Bob) Emery is not a very honest person. The truth is he's a thief, a liar, a perjurer, and an all around phony. The Victim warns you not to do business with this person. Emery is now an agent with a firm called Realty Executives.
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