Complaint Review: Marek Griffin & Knaupp

This is case of misrepresentation and discrimination against Mr. Howard R. Marek, Attorney.

I will refer to Jo Ann Spears, representing the seller Edna Sims, in this transaction, as the seller.


On March 10, 2008 I came to the of Marek, Griffin & Knaupp office. I left a note with Ms Ann Williams, receptionist, for Mr. Howard R. Marek requesting representation in the purchase of a house. In the note I wrote that I had been referred by Mr. Mickey Pachta, attorney at law. On March 11, 2008, I received a phone call from Mr. Marek. He asked me for information about the address of the house, the price, the sellers name, phone number and, address, my name, who the lender was, etc.

Mr. Marek will draft a contract and call me to come to his office to check it and for me to take to the seller for signature. Someone from his office called me a couple of days latter to tell me that the contract was ready. The receptionist handed me and envelop with a contract for me to sign. The contract had already been signed by the seller.

At the time I thought it was odd and contrary to a prior discussion but, Mr. Pachta, an honorable man, referred me to him s someone who could represent me adequately.

I signed the contract there, without reading it, and requested a copy which immediately took to Cindy McDonald, lender for Wells Fargo, who was processing my loan.

Days latter I called Ms Mc Donald to ask for progress on my loan application and to ask who would initiate inspection. Her instructions were for me to make arrangements with a company who did home inspections.

It was latter when discussing with the seller regarding flaws found in the home that she referred me to a clause in the contract, Item 7. Property Conditions which stated sell in its present conditions.

She also stated that, In Mr. Mareks office, she had gone through the contract item by item with Mr. Marek.

Upon inspection of the contract I realized that it had been written not for my benefit but for the benefit of the seller.

My contention that I have been misrepresented and discriminated by Mr. Howard R. Marek, Attorney rests as follows:

1. Cindy Boyd, Mr. Mareks assistant has told me that he is representing me.

2. I have no met Mr. Marek.

3. I have not been explained, as a client, what options I have in each clause of the contract.

4. I have not even discussed the contract with my counsel, Mr. Marek.

5. Mr. Marek, according to the seller, in Mr. Mareks office, he discussed with her, every item in the contract before she signed it.

6. I have been told by Mr. Marek that he would have the draft of a contract for my review.

7. The agreement with Mr. Marek was that, after review of the contract, I was to take the contract to the seller for signature.

8. Mr. Marek failed to counsel me regarding my options in the contract and therefore protect my interest as his client.

9. Mr. Marek counseled the seller in the preparation of the contract disregarding our agreement and me as his client.

10. Mr. Marek abused the information I had given him to contact and counsel the seller misrepresenting me in this transaction.

11. The clauses in the contract are for the sellers benefit not for me, his client.

12. The seller has met with Mr. Marek more than once to discuss the contract, clauses and why she refuses to pay for home repairs of flaws in the house found by a licensed home inspector.

13. Mr. Marek has met with the seller to discuss her options of bringing a sued against me for non-performance of the contract even though there is an amendatory clause to the contrary and knowing to be false and reckless and against the benefit of his client, potentially in violation of Texas Rule 8.04.
Paragraph (a)(3) of Texas Rule 8.04 provides that a lawyer shall not engage in conduct "involving dishonesty, fraud, deceit, or misrepresentation . . . ." Texas Rules Rule 8.04(a)(3).
It may be a case of discrimination. Mr. Marek saw my name Diaz, heard my accent and he was biased from then on.

Armando
Victoria, Texas
U.S.A.

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