Golden Spike Realty Review

Dawnell and Calvin Musselman were/are real estate agents working for Golden Spike Realty of Sunset, Utah. Their Golden Spike Realty broker/manager at the time was Bob Hill. The buyer complained to Mr. Hill as their Golden Spike Realty broker and said he threatened her that he would call the police on her if she pursued this.

Golden Spike Realty

It is our opinion that this is an outrageous example of fraud by a Real Estate Company & Real Estate Broker and shows the need for better legislation to protect consumers from dishonest and unethical real estate agents or Realtors®. However, since Calvin Musselman has become a Utah Legislator we have little hope of protective consumer laws in Utah Real Estate or action against Golden Spike Realty.

Later he emailed her and said he would look into the complaint and contact the authorities, but never did so. Lawyers had told the buyer she had no hope to win a lawsuit because the legislature had passed a law limiting real estate agent responsibility beyond 36 months. She did not learn of the major frauds until after that period.

She was encouraged to “live with all the problems” because she did not discover the frauds in time or have the large $10,000 retainer lawyers wanted to pursue the matter. Recently the buyer learned about and sought help from Consumers Financial Protection Advocacy Utah. We have their fact-checked complaint and based this review and opinion on their review of the sales and county documents and e-mails from Davis County. see the detailed investigation at Consumer Financial Protection Advocacy Utah CFPAU.org.

We have formed the opinion that the real estate agents Dawnell and Calvin Musselman of Team Musselman lied and frauded the out of state senior buyer in the sale of their family home that they knew had been subdivided with one of the parcels lost to Davis County for non-payment of property taxes. They mislead the buyer to believe the yard and garage to the home the seller built and used came with the home, (but it did not, which cost the buyer deep difficulty and expense to get and make the property whole). Davis County provided the buyer with a map that indicated her property was only within these red lines:

These Golden Spike Realty agents also did not disclose to the buyer that the home foundation was built next to a large man-sized six-foot round aqueduct that could destroy the home if there was an earthquake or it has otherwise deteriorated. This house was Dawnell’s grandmother’s and uncle’s home and the property had been in her family for over 50 years.

These real estate sales agents for Golden Spike Realty also deceived the buyer about the street markings she asked them about. They knew that UDOT had planned to move the street the home was on which would cause the next door Hwy 89 noise to double. And was part of their plan to turn Hwy 89 into a freeway. This is the reason the seller at a later date gave for selling the home when he did. Calvin Musselman and Dawnell Musselman had a duty to disclose this truth when asked about the street markings to this out of state buyer who otherwise could not have discovered the future planned changes that greatly affected the value and livability of this home. It is our opinion they intentionally lied to the buyer about the street markings and so they could get paid a large sales commission. The street removal work occurred in less than one month after the close of escrow.

Once the buyer learned of the agent’s family subdivision of the home lot and loss of the parcel over 36 months after the close of escrow she contacted Bob Hill the managing broker of Calvin Musselman and Dawnell Musselman of Golden Spike Realty. Mr. Hill threatened the buyer but later emailed her that he would investigate but he never would inform the buyer if he did or what the results were. The buyer felt intimidated and afraid of the broker and agents. She called a lawyer for help and was informed she discovered these issues too late as there is just a 36-month window of time to discover and report such frauds. She understood it could cost her $10,000 retainer to just to go over the documents and find out if the lawyer could help her in any way. Not having those funds, the buyer had felt there was no way to hold the agents and Golden Spike Realty broker accountable for all these frauds in the sale of their family listing.

Real estate fraud is where one person or party commits fraud in connection with the purchase, sale, rental or financing of real estate property. Real estate fraud is a crime under state and federal laws and can result in jail or prison sentences.

It is our opinion after reviewing sales and email and county documents that the broker and agents committed fraud against this buyer in order to gain a large sales commission when they knew these issues but choose to lie about them to the buyer. A party can commit fraud at several different stages of a given real estate transaction. Some of these may include at the appraisal, closing, and foreclosure proceedings.

States have adopted many different laws and legal theories to prosecute offenders of this crime. These include:

- - theft by false pretenses,
  - foreclosure fraud statutes,
  - rent skimming laws, and
  - laws on filing forged deeds or documents.

The theft by false pretenses applies to the sale of this home. It is a crime to defraud someone of money or property by way of false promises or representations. The offense may be prosecuted as a misdemeanor or a felony and carries a penalty of up to 3 years in jail or prison in many states. It is beyond the scope of this consumer review to cover specific fraud laws and penalties in Utah.

Basically, theft by false pretenses is the act of convincing someone to voluntarily give you their property, by telling them something that isn’t true or making a promise that won’t be kept. Because we normally think of theft as the act of taking away someone’s property against their will, it may surprise people to learn that the crime of theft by false pretenses even exists. Many people who are charged with this crime are rightfully shocked to find out that they are being called “thieves.” Which is entirely appropriate in this buyer’s experience with these agents and their broker at Golden Spike Realty.

We have also informed the victim that she can still file a complaint against Golden Spike Realty with the Utah State Division of Real Estate and the Utah Association of Realtors , Angie’s List, YELP Yellow Pages, and the Better Business Bureau of Utah .

Other related review pages to this one are https://calvinmusselman.org/ https://dawnellmusselman.org/ https://goldenspikerealtyreview.org/ https://goldenspikerealty.org/ https://goldenspikerealityreview.com/ As of 9/18/2020 we will be assisting her in these tasks in the next few weeks and updating this page with reports of their actions and any other new information about these efforts to seek justice for this victim.