- Report: #644506
Report - Rebuttal - Arbitrate
Complaint Review: GORILLA CAPITAL
GORILLA CAPITAL5889 S. Williamson Blvd, #1429 Port Orange, Florida United States of America
GORILLA CAPITAL GorillaCapital.com Gorilla Capital doesn't return escrow deposits. Contract is one sided. Arbitration in Oregon! Here's what to do... Port Orange, Florida
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GORILLA CAPITAL SUBJECTS & ASSOCIATES:
Robert Norton Helmick, (License SL3213533), REMAX agent and Sales Manager for GORILLA CAPITAL, INC., 6627 Merryvale Lane, Port Orange, Florida 32128-4040. Their office address is 5889 S. Williamson Blvd, #1429, Port Orange, FL 32128 o Also here: Helmick, Robert N [email protected] RE/MAX Signature, (386) 236-0760 3340 S Atlantic Ave, Daytona Beach Shores, FL 32118
Maria Helmick, Real Estate License Application Expired, unlicensed real estate sales agent for GORILLA CAPITAL, INC., 6627 Merryvale Lane, Port Orange, Florida 32128-4040
Barry Tompkins, (License Null and Void, #585031), Licensed expired 03/31/1994, 5889 S. Williamson Blvd, #1429, Port Orange, FL 32128 GORILLA CAPITAL/REMAX PLAYERS
Walter Borgen (License BK691503), REMAX SIGNATURE, 1500 Beville Road, Daytona Beach, FL32114. Walter Borgen claims that Gorilla Capital and Remax are independent of one another. He also claims that Remax does not represent Gorilla Capital. Yet, Remax agents show Gorilla Capital properties.
Janet Fuller, (License SL3040233), Realtor for Signature Remax, 1531 Decatur Avenue, Holly Hill, FL 32117, shows properties for Gorilla Capital.
John Helmick, CEO of Gorilla Capital in Eugene Oregon, 1390 High Street, Eugene OR 97401
All of the above Subjects are also known as the "Helmick Team" as referenced in advertising, and in signs posted outside of homes for sale.
SUMMARY OF MY COMPLAINT:
Gorilla Capital and Robert Helmick inflated the square footage of the property, under air conditioning. Compare their advertised square footage to the square footage on your appraisal, or at the Volusia County Appraisal's Office here: http://webserver.vcgov.org/vc_search.html
Gorilla Capital and Robert Helmick refused to return escrow deposit. Walter Borgen, of Signature Remax Daytona Beach FL, refused to acknowledge that Remax was involved with the transaction or the deposit. Walter Borgen then states he has a side agreement with Robert Helmick, and Gorilla Capital, that sales are processed out of the control of Remax, and Remax standard operating procedure.
Gorilla Capital and Robert Helmick failed to keep the deposit within the State of Florida, and with a title company, or escrow agent.
Gorilla Capital and Robert Helmick failed to follow established consumer protections by only using Gorilla Capital sales addendums, high pressure to sign the forms, and placing the escrow only with Gorilla Capital. The sales agreement has the Remax logo, the forms show they are licensed to Robert Helmick-Remax, but the escrow deposit is placed with Gorilla Capital.
Robert Helmick also involved his wife, Maria Helmick, as an unlicensed agent, to sell real estate for Gorilla Capital. She's not an employee of Gorilla Capital.
Robert Helmick, Mary Helmick and Barry Tomkins are titled "Sales Managers" to avoid being classified as an employee. They are managing no one...all chiefs and no Indians. This is to avoid paying employment taxes to Florida. Maria Helmick applied for her real estate license and then failed to follow through...NO LICENSE. Barry Tomkins' real estate license expired. Recently, Robert Helmick and Maria Helmick dropped themselves from the contact page on GorillaCapital.com. Are they lying low these days? Many of their websites, showing their faces, are also removed.
Avoidance of taxes by not filing their companies with the Department of Revenue, the County of Volusia, and the City of Port Orange.
Use of software to generate the sales paperwork, that is not licensed to Gorilla Capital. Look at the bottom of the forms. Does it say it's licensed to Gorilla Capital? I think not. It stated, "Signature Remax-Robert Helmick."
Robert Helmick uses John Helmick as the "bad guy" in making the decisions. Robert Helmick runs the show in Florida, for Gorilla Capital. Robert Helmick and John Helmick are brothers. Robert Helmick is making all the Florida decisions. Don't let him fool you.
The buyer is rushed to sign an addendum making the deposit un-refundable.
Gorilla Capital out of Eugene, OR, runs the various Gorilla Capital companies in Florida. They are not registered with the Department of Revenue, the County of Volusia or the City of Port Orange.
Robert Helmick produces confusion due to his association with Remax. Helmick used Remax advertising. He posted signage in front of the property identifying the involvement of Remax. He represented himself as a realtor for Remax in emails. The buyers were under the impression that Remax and Gorilla Capital were part of the "Helmick Team." However, he didn't place the escrow deposit with Remax. Due to the commingling of signage, agents, and possible funds, this can lead to consumer confusion in regard to the relationship of Remax and Gorilla Capital. Consumers associate the Remax name with stability, trustworthiness, and integrity. This conduct baits the consumer with the Remax logo, but then the consumer must contend with Gorilla Capital to return the escrow deposit.
The dual relationship, using Gorilla Capital and Remax, is used to confuse the buyer.
After receiving the escrow deposit, Robert Helmick and Maria Helmick actively marketed the property, and didn't advise of inquirers that the property was under contract.
The Gorilla Capital "Real Estate Addendum Gorilla Capital Standard Terms and Conditions" is unconscionable. The addendum is unconscionable because it is solely to the benefit of Gorilla Capital to avoid protection to the buyer. The addendum is terribly one-sided.
The addendum locks the buyer to arbitration in Eugene, Oregon. This creates an obstacle to resolving issues; such as the return of the escrow deposit.
Robert Helmick and Maria Helmick recently took down their names from the Contact page at GorillaCapital.com. Robert Helmick buys the properties and makes all the decisions for Florida.
Walter Borgen, is the Real Estate Broker for Remax of Daytona Beach. His license is BK691503. On or about April 9, 2010, Walter Borgen claimed that Robert Helmick may prepare any agreement Helmick desires, as a REMAX agent, and as Sales Manager for Gorilla Capital. Borgen claims deposits are not handled at all through Remax. Mr. Borgen also stated that Robert Helmick may sell the property under Remax or under Gorilla Capital, as Helmick chooses. Mr. Borgen also stated that he may receive compensation from Robert Helmick outside the boundaries of Remax, if a property is sold directly through Gorilla Capital, and even if the REMAX sign is posted alongside Gorilla Capital signage.
Robert Helmick has a law degree but is not licensed to practice law in Florida.
Kim Lydick of Remax International will not help you at all. She will leave you hanging with no assistance whatsoever. RE/MAX International Inc. 5075 S. Syracuse Street, Denver, Co. 80237, Phone:303-770-5531, Fax: 303-796-3599. Remax's canned response is that each Remax is independently owned and Remax International will not get involved AT ALL.
WHAT TO DO:
File a complaint against the real estate license of the person who was working with you, if you feel the matter was handled improperly or illegally: http://www.myfloridalicense.com/dbpr/re/documents/re-2200-1.pdf
License information available in the above description, or here: http://www.myfloridalicense.com/dbpr/re/frec.html
Every complaint you file will show up under their license. File a complaint against every person connected to your problem, if they were partially responsible.
File a complaint of unlicensed activity, if that person is not licensed to sell real estate in Florida. Most Gorilla Capital associates, or "Managers", are not licensed to sell real estate.
Are they marketing a property that is under contract with you? Are they disclosing, to other inquirers, that the property under contract? Find out! Send them an email anonymously using hotmail.com, yahoo.com or another free service.
Robert Norton Helmick has a past. Find it here: www.doc.state.ia.us/ and here: http://www.doc.state.ia.us/OffenderInfo.asp#list
Check out how many lawsuits and foreclosures Robert Helmick is facing here: http://www.clerk.org/cm/publicrecords/publicrecords.jsp
A group of victims are organizing. File a complaint against their real estate license! After the group is formed, an attorney will be contacted. A unified complaint to the Office of the Attorney General in Florida will be filed. And then a lawsuit will be filed against Robert Helmick, Maria Helmick, John Helmick, and Gorilla Capital. Let's make it happen.
Gorilla Capital places each property into a different company (Limited Liability Company, LLC). Then they market these properties under the Gorilla Capital banner as a controlled group. Go here to find the companies in FL that involve the name "Gorilla Capital": Sunbiz.org
This report was posted on Ripoff Report on 09/25/2010 10:26 PM and is a permanent record located here: http://www.ripoffreport.com/r/GORILLA-CAPITAL/Port-Orange-Florida-32128/GORILLA-CAPITAL-GorillaCapitalcom-Gorilla-Capital-doesnt-return-escrow-deposits-Contr-644506. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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