During mediation,  buyers would have been  presented with the option of Settlement with Confidentiality or face a litigation situation that they would have been told was risky and may not pay out for various sincere and false reasons.  Few would have realized their own Attorney would be encouraging settlement to protect his/her own industry's reputation and ongoing money stream, as much or more so than for any other reason.  

The Hoax relies on missing education related to a two title property ownership system.  Ironically, the contract itself presents the two title system, but it's done with clarifying words omitted.  In addition to those omissions, there's so much additional confusion in the contract verbiage with mis placed suggestions and omissions  that connecting the dots may feel hazy until someone points them out with clarity.   Once seen, they can NOT be unseen, and it's difficult to imagine how this thrived for so long without a lid lifting event, until someone points them out with clarity, too. 

The Hoax thrived with the support of 440,000 Licensed Real Estate Rouges who call themselves "Professionals".  From our experience, the lead characters know how to use suggestion, gas lighting, and mind control as a weapon. They were bolstered by a subset of 270,000 Licensed Attorneys,  with similar mind control tools at their disposal, who covered it up for ongoing Profits. 

In summary, this is an extremely simple story about Greed, Control, Mental Manipulation, and problems with requiring "confidentiality" in legal proceedings.  The accepted belief that "confidentiality" was appropriate for "negotiations" is what created this problem, and that is all that sustains a dysfunctional legal system that has lived well beyond its usefulness.  

When they diminished the roles of Courts of Equity, which is where this case truly belongs, and forced everything into Courts of Law, illogically, this outcome was foreseeable.   It's just taken a bit longer to manifest than most may have surmised a century or two ago. 

Winners

• Both Brokers benefit (Seller and Buyer Broker), even if the Seller does not take advantage of the contractual inversion. The mere suggestion of the potential for procedural confusion alone forces participants to blindly follow instructions more. 

• The Seller can benefit tremendously if they take advantage of the Suggestion to disclose defects after Contract Acceptance, as it allows them to  force overbidding and blind bidding. If they desire to "slip something by the seller that may or may not get caught",   this creates the perfect scenario to give that a go.  The way the contract is written, there is also a "get out of jail free" clause for anything found in escrow but not disclosed, and if it gets through inspections, it's quite challenging for a buyer to collect on fraud for various other down stream reasons.  Interestingly enough, it also creates the opportunity for insincere counsel to claim the buy can have not damages because nothing was provided to him for consideration to start with.   It's actually a  Gypsy Loop scenario when view from that perspective.  

• Attorneys are a massive beneficiary of this. Possibly the largest and possibly the source of this to start with. They get to deal with confused Buyers and Sellers who felt they were harmed , who are burdened with an almost unintelligible contract.  It's an hourly biller's delight. 

It's unclear if Real Estate Brokers or Attorneys had more influence in the Hoax initiation, but it's clear the Attorneys  who are fully and completely responsible for liabilities to the public for maintaining, sustaining and hiding the hoax from public view.  

Attorneys were the "Officers of the Court" most trained to recognize this with the power and position to stop this.  They didn't just "look the other way".  They perpetuated it for profit, and that's  a rather ominous thought given the scope of the problem. 

Losers

• All Buyers that have been forced to use this contract lost, even if the Seller did not take advantage of the faulty clauses. 

• Buying a home, for many, is something only done once or a few times in a lifetime, if at all.  Everyone deserves to have done it without intentional manipulation from two different industries of Professionals. 

• Confusing experiences are Dis-empowering experiences, and they stick with people for life, both mentally and emotionally. 

  • •  "How was your home buying experience".   

    • "I'm not sure, I was so confused with it all I just went with the flow.  We got shorted on some things but they said it was all part of the process. None of it made sense but we followed their instructions".