Sometimes, they do it themselves! Consider the misleading statements made by Attorney Ron Trachtenberg in a recent letter to the City of Madison Mayor and Alders:
We are the attorneys for Stefan Varo who holds an accepted non-contingent offer to purchase (as Buyer) on 2317, 2345 and 2409 Allied Drive from the Receiver in Dane County Circuit Court Case No. 06 CV 357 as Seller. That sale is subject to the approval of the court, which is the subject matter of the court hearing on April 18, 2006. (Please note that contrary to the statements within the above referenced resolution, there is no auction scheduled on April 18, 2006, only the issue of whether the court should approve the actual sale to Mr. Varo.)
To which the receiver of the Hauk Investments, LLC replied:
First, Mr. Trachtenberg indicated that there is no auction scheduled for the sale of the Hauk Investments project. That is not the case. In fact, all potential buyers, including Mr. Stefan Varo, have been repeatedly advised that it is the Receiver’s duty to obtain competitive bids for the property. For example, I have enclosed a copy of my correspondence to Attorney Vern Jesse of the Murphy Desmond firm dated March 15, 2006 which confirms that we anticipate competitive bidding at the hearing to approve the sale of the project.
Mr. Trachtenberg also indicates in his correspondence that the only issue at the April 18, 2006 hearing is whether the Court should approve the actual sale to Mr. Varo. That is also not the case. In fact, I have not even filed a Motion to approve the proposed sale of the Hauk Investments project at this point.
Finally, Mr. Trachtenberg’s letter indicates that the proposed sale to Mr. Varo is “non-contingent”. In fact, the sale is contingent upon approval by the Dane County Circuit Court. In addition, the receiver has expressly agreed that his acceptance of the Varo offer can be withdrawn if a higher offer for the property is received.
Sheesh . . . would you hire this guy?!
