MATT DIBIASE SUCKS …. 🥸
MATT DIBIASE SUCKS …. 🥸
FINDING OF FACT – IMPEACHMENT OF ANDY LORD
1. Realtor Andy Lord testified that he observed the porch being framed and the 4th bedroom when the Plaintiff’s offer was made. But during cross the Defendant pointed out that it wasn’t possible to observe the farmers porch and 4th Bedroom when the offer was made while showing him a picture of the house when the offer was made. Andy then changed his story and said that the August 5th email implied the farmers porch and 4th bedroom were part of the contract. Andy also testified that he observed the framing was done to accept the front porch but backtracked when asked how or why they indicates a
farmers porch or 4th Bedroom would be constructed.
2. Realtor Andy Lord testified that he did not direct the defendant to drywall the garage and the Plaintiff never requested upgrades. On the last day of trial the Defendant was able to admit one of his recordings and Andy Lord stated that Drew requested the garage be
drywalled. Furthermore, the massive changed to the residence makes it clear that upgrades were requested.
3. Andy Lords supplemental affidavit stated the Defendant demanded $4,000 and that he went to the Plaintiffs and they agree to pay the $4,000 the Defendant demanded but even then he still wouldn’t close. During Cross Andy conceded that he offered an additional $4,000 and that the Defendant didn’t demand it. Furthermore, Drew Pierce testified that he never agreed to pay $4,000 and that it was his understanding that the Realtors were paying
it.
4. Realtor Andy Lord testified that after negotiations failed on March 5th there was nothing he could do because the contract expired but during cross he admitted that he
could have signed another extension to allow time for his client to honor the contract but ultimately he said he was just “done” after March 5th 2021
5. During cross Realtor Andy Lord was asked why he didn’t ask the Defendant to sign the updated spec sheet and Andy testified that he couldn’t pin down the Defendant and couldn’t get ahold of him in order to get him to sign the updated spec sheet. In response to
his answer, the Defendant pointed out that Andy was with him multiple times per week and chuckled and said that’s your answer, you couldn’t pin him down despite being with him multiple times per week. Andy replied by stating that he isn’t his realtor and can’t ask the Defendant to sign anything despite asking the Defendant to sign extensions, rate locks and the very same spec sheet in February
6. Realtor Andy Lord testified that no work was getting done in September and November essentially work was at a stand still. During cross the Defendant showed Andy various pictures which proved a massive amount of work was getting done. In light of the evidence Realtor Andy Lord changed his story and agreed that in fact a ton of work was getting done during September and November.
7. Andy Lord testified that it is standard to provide the parties the ALTA a day or two before closing in case the escrows aren’t correct which implies it takes a day or two to correct them. Furthermore, it’s common knowledge that appraisals take about 1-2 days to correct so it was surprising that Andy would claim that it would take at least a couple weeks maybe longer to change the escrow amount. Andy stated that In order for the escrow to be
changed a whole new appraisal would be needed because they would have to find new comps that don’t have a paved driveway. Appraisers adjust for differences like paved driveways or dirt driveways so new comps wouldn’t be needed. The 2/25/21 appraisal only
took a few days to get back so it makes no sense that adjusting one line item would take a month. On top of this is the fact that the appraisal didn’t even need to be changed. The appraiser was only requiring $10,000 for escrow so removing the paving wouldn’t matter
because they would still be escrowing more than required.
8. Andy confirmed that he texted Matt Dibiase on March 5th and said Drew’s not comfortable out there and I know you told me to stay away. Furthermore, text messages show that Andy and Drew were never with the Defendant on March 4th or 5th. On March 4th the Defendant threatened to call the Sheriff when they showed up so they left and on March 5th the Defendant had a meeting and text show that the Defendant and Andy made
sure they weren’t at the house at the same time to avoid conflict. The record is crystal clear that Andy and the defendant weren’t with each other on March 4th or 5th, and yet Andy testified that he was with the Defendant on March 4th when he received the ALTA and the Defendant told him he would not close because he wanted more money. During cross he testified that On March 5th Andy was at the property with the Defendant and the Defendant said he wouldn’t close because he wanted to sell it for more money. Andy also testified that Drew was with the Defendant all morning on March 5th despite the fact that
there was clear evidence that Drew wasn’t with the Defendant on the 5th. Andy testified that the Defendant sent him a text saying I’m not closing because I want to sell it to someone else for more money but later testified that he said it in person and that the Verified Complaint was a clerical error. Andy also testified that he told Drew that the Defendant was not getting the money he wanted and wasn’t coming to closing based on the text exchange. Furthermore, one of the Plaintiffs responses to a request for admission stated, On March 5, 2021, Defendant Rinaldi texted Andy Lord stating that he did not intend
to close even if Rinaldi received the net $17,800 at closing that he had anticipated. Rinaldi further stated to Lord, who had knowledge of the peak prices new real estate listings were commanding at the time, that Rinaldi "could have it [the house] sold next week," implying a
threat to sell the property to a third party to make more money rather than satisfying his obligations under the contract with Plaintiffs. Andy Lords testimony along with the record evidence show Andy Lord is a compulsive liar whose testimony cannot be trusted.
9. Andy testified that the day of closing he was sharing some of what was going on with Drew. He also testified that if the Defendant had called him, Andy could have told Drew about the paving and painting but couldn’t because the Defendant was texting him instead. Andy also testified that the concerns the Defendant had on March 5th were not Drew related implying that was the reason he didn’t tell Drew about the paving and painting. Andy also testified that Drew was willing to not escrow for paving in order to close.
10. Realtor Andy Lord testified that he told the Defendant that it wouldn’t be months before he’s finished the house but then claimed both him and Drew relied on the Defendant when he told him it would be just a couple more weeks.
11. Realtor Andy Lord testified that the Defendant was making trips to Home Depot daily to get materials but the record evidence proves that wasn’t the case because Derek Ray and Andy himself picked up the remaining materials for the Defendant.
12. Realtor Andy Lord testified that there was no heat in the property and that paint froze. There is nothing in the record that indicates this in any way and it’s fair to assume there would be a ton of evidence of this if true.
13. Realtor Andy Lord testified that the Made Application Letter satisfied the terms outlined in the contract which was obviously a lie that Attorney Monteleone asked him to make because Monteleone had the made application letter in his possession so why in the world would he ever ask a witness to testify that a document said this or that instead of presenting the court with the actual document. Furthermore, Andy previously testified that he is very careful to never interpret contracts yet he’s interpreting the made application letter and stating under oath, that in fact it does meet all the requirements.
14. Realtor Andy Lord testified that it’s common practice in new home construction to sign a contract with the wrong spec sheet and then request the right spec sheet early on
15. Realtor Andy Lord testified that no expenses on either ALTA were caused by Drew other than the Rate Lock. This statement is patently false because Lincoln Capital illegally escrowed funds for Drew. Also, Drew directed Bissonette plumbing to do work and that was on the Alta. Furthermore, the Defendants interest and fees increased due to the additional time caused by the upgrades and the materiel costs.
16. Realtor Andy Lord testified that houses were going for hundreds of thousands over asking price during that time. Houses were in fact going under contract over asking price but hundreds of thousands is clearly not truthful. Furthermore, Andy also testified that the house may not have been worth $385,000 in February which completely contradicts his affidavit claiming be house was worth $550,000 on March 5th
17. Andy Lord testified he was involved with other builds while the Defendant was building Cape rd but none of his other builds were having delay which is patently false. Not only are delays common place with new construction but there was a nationwide shortage of materials and labor and we were at the height of covid restrictions.
18. Realtor Andy Lord testified that he sold over 100 homes prior to cape rd. The Defendant currently doesn’t have evidence that this is false but he’s almost positive it is.