A Heartfelt Letter Convinced One Family to Sell Their Home. Now It's An Airbnb.

Welcome to the Future!

Comments

1
Nothing to see here. Just the free market at work!
2
They should've waited to sell, they could've got even more than $550,000 for that house right now...
3
I believe that the Morris' should sue Ryan and Kristina Brown for fraud.

Thanks for reporting this, Shelby.
4
The buyers are horrible human beings. We need a horrible human beings clause in the free market.
5
Maybe I should publish my heartfelt letter that convinced Ryan and Kristina to take the jobs at my company that led to them not being in Portland as often? They are two of the kindest, most sincere people I know and the notion that they duped anyone is absolute bullshit.
6
How many nights a month is this renting? It sounds like there is never anyone there when the mercury has stopped by. Even if it is rented 1/2 the time that is only 2250 a month and there are all the fees associated with having to have someone come in and clean in between each renter. It strikes me that they could be realizing the same revenue by renting the whole house out, which begs the question why aren't they doing that. Perhaps they need flexibility because they do stay in the home part time, or they are concerned that the cities moves towards preventing owners from easily taking possession of their property in a reasonable period of time will prevent them from moving in when they are ready.
7
@reverend bite me, unless Morris placed a covenant on the home requiring owner occupancy during some period then they have no legal right to say how the new owner uses the property. Sellers usually don't do that though because such a requirement would reduce the value of a property and sellers generally are most concerned about getting top dollar.
8
This sucks, and this comment is not meant to shame the Morris family. But if this type of thing (selling your home to someone who will use it as their primary residence for their family) is super important to you, then put that in your sales contract. Have it expressly say it is a material part of your agreement and you are relying on the buyer's representation. If they turn out to be the Browns, then it's fraud and you can rescind the sale.
9
@Tony Koneccny:

Yeah, do that. Explain how your employees lied to a family in order to purchase a house to use as an AirBnB. I would love to see your explanation for their behaviors.
10
The Browns are coffee roasters and if they are sincere they can prove their sincerity by selling the house to a family.

Right now, their "heartfelt letter" appears to be fraudulent. I do believe that their reputations
are damaged by this incident, and that they should repair the damage by selling the home before we start picketing. Everyone knows where the house is.

BTW- sincerity and kindness would mainfest itself in
1. respect for Portland's laws
2. respect for our housing crisis
3. respect for the neighbors.
4. Respect for the truth
5. Respect for the Morris family.

Right now, the Browns are almost equal in popularity to another Californian, blogger Dale Partridge, who bought property in Bend, Oregon and promptly cut down a stand of old trees on his neighbor's property and then bragged about his new, improved view on social media.

If you guys are trying to be the next Starbucks, well you have just angered Portland.

Good luck with that.
11
Serves them right for considering a "love letter." Housing discrimination on the basis of familial status is a Federal Fair Housing Violation.
12
I think the local real estate agent, who is managing the property in question, should be accountable for ensuring the place is properly permitted and abides by city codes. But if they don't live there, it's not really an "Air B&B" rules situation they're violating (even if booked through the service)--it's no longer an accessory short-term rental. Now it's a vacation rental and good luck trying to navigate the differences. There's a pretty good chance they won't need that "Air B&B" permit at all and since the service pays the lodging taxes this could all be within code.

So the system works (just not for sentimental fools who read letters).
13
Econoline,

You may be right. I do wonder, tho, about the legal effect of the letter. That could be fraud in the inducement.
14
Since they are violating Portland housing use law and failing to pay appropriate taxes, I think it's fair to say that they are duping _someone_.
15
The letter is a little slimy. Very slimy would have been writing the letter, buying the house, razing it, and turning it into a boxy apartment.
16
You cannot market housing "for a family" the same way you can't "for straights" or "for whites." It's housing discrimination on the federal level. Eventually a lawsuit will end this love-letter nonsense, RE agents encouraging their clients to engage in illegal discriminatory behavior.
17
Hey Tony,

They may be kind and sincere to you, but they lied to the neighbors (they said they lived in Colorado and would be moving in shortly -- 2 months ago). They also failed to pay taxes, fees, notify neighbors (that's an Airbnb rule), or really do anything than pay someone to move a bunch of furniture in. Absolute bullshit? I'm afraid not.
18
Hopefully the City starts to enforce its own laws, but I won't hold my breath. One inspector could do what the Mercury has done and probably track down enough violations to more than pay their own salary.

Hotels are a commercial use and belong in commercial zones, period. Get this shit out of our neighborhoods.
19
@Tom Konecny ...maybe the house isn't their primary residence right now, and therefore what they're doing is illegal under city law? Maybe then they should ya know, actually rent the unit out on a month to month basis for individuals here in Portland who desperately need the housing? Maybe they should play by the fucking rules, and so should the other people who are doing something similar and directly contributing to the housing emergency here in Portland and in other major metropolitan areas?

http://cdn.meme.am/instances/500x/58062354…
20
Hey, if the Browns want to make the home an Airbnb, I have no problem with it. But failing to live in the house, failing to get a required inspection, failing to pay fees, misleading neighbors, and pulling another home off the tight Portland housing market -- all while living in San Francisco (they told the neighbors they were "moving up in stages" from Colorado) -- then, yeah, I have a problem with it. Why did the Ms. Mead and the Browns mislead and avoid questions if they thought that what they were doing was above board?
21
Tony Konecny, no employer writes a heartfelt letter to hire employees - thanks for playing though. Secondarily, they should have sold the home if they knew they wouldn't be living in it; or bettwe yet, rent it out to a family that needs housing because there are TONS of us here. Putting it up as an AirBNB is disingenuous, so yes, they duped all of us who live and work in this wonderful city.

This is MY neighborhood, and I'm pissed that they thought they could do this to us. They don't deserve our sympathy when they do something like this. They don't live here, and they're illegally trying to make money here doing something that takes homes away from people who do live here. NONE of that earns sympathy from us.
22
Also, Troll Hammer, you're not quite right about the FHA. The FHA and Oregon law prohibit discrimination against families. That's not the same thing as prohibiting discrimination against single people. In other words, stating a preference for a family is not illegal. Stating a preference for no children is.
23
Sydney Mead seems to be aiding and abetting illegal activity:

http://www.habitatepropertymanagement.com/
24
I lived in Portland for a year in 2013-14. I loved it. But, I stayed in a campground the whole time. I can not wait to come back for good. But, this stuff about housing shortage is making me think I need to re-purchase a camper or RV instead. I have lived in a few places with housing shortage, but, never seems to be this bad. If these people are skirting the law, why does the city allow it? Is the city really that bad about enforcing their laws? Maybe I need to rethink where in the PNW I want to go!!
25
$180 for a hotel permit? Let's add a decimal place to that number and then tax the living hell out of the rates they charge. Gotta pay to play, jerkwads.
26
Doesn't anyone see that sometimes situations changed, and life isn't linear, and things happen without us knowing it will happen? The letter was probably true, and the intention to move in stages was probably true, and then life happened and they had to move to SF for work-- this isn't really that uncommon of a story. So you buy your dream house, things change, do you sell it? Or keep it because you want to eventually live there forever? Airbnb is pretty terrible for a lot of reasons, but this doesn't seem like one of them. Seems you all are so jaded with humanity that this one sided basically un-researched sensationalist mumbo jumbo disguised as journalism can really get your blood going. This "article" has about as much credibility as a GOP candidate at a rally, and all you commenters are like screaming hordes in the audience allowing fear mongering rhetoric get your juices flowing.
27
If they use Air B&B to rent the place then the taxes are being paid.

If they never live in the place, it's not subject to Portland's Accessory Short Term Rental regulations.

It is subject to Portland's Short Term Rental regulations.

Those regulations are different.

If rented through Air B&B, either way, taxes are being paid.
28
Thanks, for yet another reason to hate wealthy douchbag Californians "lifestyle shopping" in Oregon.

Your reporting is fantastic, keep it up, this type of investigative reporting is good for Portland.
29
What they're doing is illegal. If they want to rent the house, they can. To long-term tenants, abiding by all applicable landlord regulations and tax laws. If they want to run a bed and breakfast, they can apply for conditional use and see if it flies with the city. I can't believe how many Portlanders do not know you cannot AirBNB a home you do not live in at least 9 months of the year. That includes condos and apartments--if the rental contract or association even allows short-term subletting in that manner. AirBNB isn't the law. They are snot-nose, dude kids who made a Web site. Why do people rave about Portland, then come here and immediately break our laws? Because they're only interested in fancy restaurants, not a real community? Ethically, these pricks are making our housing situation that much worse for their personal benefit. It's so wrong and selfish I can hardly stand it. Love Portland? Right. Stop treating her like a damned gold rush.
30
I'm glad Shelby has time to write half assed articles while she's so busy not fact checking her writing.
31
Well I'll be damned- Californians have figured out a way to ruin our neighborhoods without even moving here.
32
Here's a question for you reading this: What would you do if you bought a house, and right when the purchase closed, the company you were working for was sold to a different company, which required you to move to a different state? That's exactly what happened to the Browns (full-disclosure: they're friends of mine), and they apparently decided to rent out their new home and move to California for a bit, while they figured out what the permanent solution would be. https://bluebottlecoffee.com/frequency/joining-forces

Was this an ideal solution? What would you have done? What is reasonable to expect someone to do, with a small child and uncertain but promising career opportunities at hand?
33
They also got loan on property. If they lied about it being primary residence, that is federal crime. How can that be reported? I want these assholes fucked.
34
@Tony Koneccny:
By lovely people, do you mean non-law abiding citizens?
35
Nick C: the link you provide is from April 7, 2014, when Tonx was bought by Blue Bottle. The house was sold on May 28, 2015, more than a year later (source:portlandmaps.com).
36
In a hot market, buyers are going to write love letters. Often, they lie. I sold a house to a Californian in 2006 who described wanting to move here to be closer to family. I accepted his offer, not because of the letter, but because of his at-asking offer with no contingencies.

Needless to say, he never lived in the house, and sold it in 2012 for $60K less than he paid me for it. Heh.

Love letters are eye-roll-inducing bullshit, but choosing to illegally rent your house short term rather than complying with the law is the real issue here. I hope the city uses the Browns as an example that it doesn't matter how well meaning you are, the laws apply to everyone.
37
I think the commenter named JesusLovesAnal seems to speak for most of you here.
38
Most likely they took out a mortgage as owner occupied. If you really want to bring a world of hurt, raise this issue with the lender as they likely signed many documents, paid a reduced rate, and qualified for the mortgage based on their promise to occupy the property as their primary residence.
39
"When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly."

Whoever represented the AirBnB hosts in the real estate transaction broke the ethics rules if they knew the heart-warming letter was bunk.

The picture of the child in the "heartfelt" letter is chilling. Don't drag your kid into your fraud.
41
Nick C: They could rent out their homes by FOLLOWING THE LAW and not lying. Has that concept occurred to them?
42
The city regulation requires a permit number to appear with the online listing in Airbnb. If there is no permit number in the listing, the city can take action against the host. The lack of the permit number itself puts the host out of compliance. This is an example of Floye Airbnb host absent entire place or rentals should be banned altogether. They do not help homeowners stay in their homes. They just help property owners make more money renting short-term and long-term.
43
The link below has some pretty interesting numbers about how AirBnB is adversely affecting long-term housing in Portland and other cities. Don't blame the Browns. They own one house. Blame AirBnB and a city government that's gotten too chummy with them, and that doesn't enforce the law.

Also, when you go on vacation, don't rent a house or apartment that's been turned into an AirBnB.

http://insideairbnb.com/index.html
44
They are in violation of city law and are illegally air bnb ing a house in a close in neighborhood where a family should be living, paying city, state taxes etc, not to mention contributing to Portland in the way that someone who LIVES here (not sf) does! Cmon. Sell up. You ain't moving here. We need the real estate.
45
From the listing, looks like they're trying to go legit, as soon as the Winter is over:

30 nights minimum stay.
From Dec 01, 2015 - Feb 28, 2016 the minimum stay is 1 night.
46
Are the buyers following the law? I don't know, but the city is so toothless on this matter that it's probably moot. Maybe Wheeler will fix things, but I doubt it.
47
How dare you! People who spend this much on a home have no intention of destroying a neighborhood! I was in the house when the Browns took possession of it after the sale. I personally rolled up my sleeves and cleaned and scrubbed. The sellers walked away with a rather large sum of $. If they are so concerned about their previous property that was purchased by a lovely family perhaps they should buy it back! What a bunch of petty crap in which people have nothing else to do but complain! Get a life or make an offer. Personally I am seeking legal action because I do not like my family's personal legal documents or pictures posted for the public. I am traumatized and fear for our families safety. Wendy Frey
48
Were Karl and Carol NOT already convinced to sell their house when they listed it? Sounds like they are the problem.
49
News flash people, the housing situation in Portland has been a crisis for people with disabilities, low income, and criminal histories for much longer than the media only recently has been highlighting. So, I'm sure all of you witch hunters would be very pleased if the Brown's offered their home as a shelter for people or families with homelessness; a halfway house for people with criminal histories looking for a second chance; or a residential treatment home for people with mental health challenges integrating back into society. Unfortunately, and sadly, I know that's bull sh**. If the property were used for any of those reasons they would be blasted in the news for bringing "dangerous" people to the neighborhood.

It's sickening how easy it is for people to sit on the other end of their smart phones, laptops and tablets and spew hateful judgments toward a couple and their child whom they do not even know, regarding a situation they have no idea about (or, at least only have half an idea about thanks to this disgusting article).

This family did not create the housing crisis and singling them for public shaming to push a political agenda is cruel. And it's this cruel society that wonders why people kill themselves or others on a daily basis? Because of evil sh** like this people! If you all truly want to help address the housing situation get off your high horses and lobby our legislators.
50
Hey ERP, congrats on your very first post on WW, and thanks for your Californian take on Portland's crisis.

The Browns lied in that letter. They committed fraud. The Real Estate agent is prob. gonna get a complaint. Sydney Meade has not lived up to her ethical obligations as a realtor- she has four homes that break the law.

You are trying to shift the blame from the Browns- who, based on this article, conspired with realtors to trick the sellers. No one is blaming the Browns for the crisis, we are blaming them for a particular course of conduct that was dishonesdt and harmful.

We know who the AirBnB guests are, btw. These are residential neighborhoods where the occupants of the homes (both renters and owners) know each other.
Rest assured that the Brown's customers are unwelcome.

I stand by my assertion that using their child's picture on the dishonest letter is a new low.

So, enjoy your day in SF or LA, sipping the Blue Bottle coffee that will be boycotted if it is sold in Portland.
51
Please pray for the safety of my most precious Granddaughter who's picture was heartlessly used and posted publicly. I am so traumatized and can't stop crying for fear of her safety. What kind of human beings would do such a horrible thing? I am praying for all our safety. This type of hatred is unbelievable.
52
Hey ERP, congrats on your very first post on WW, and thanks for your Californian take on Portland's crisis. I note that ERP is a kind of software Blue Bottle uses, so cute choice of handle.

The Browns lied in that letter. They committed fraud. The Real Estate agent is prob. gonna get a complaint. Sydney Meade has not lived up to her ethical obligations as a realtor- she has four homes that break the law.

You are trying to shift the blame from the Browns- who, based on this article, conspired with realtors to trick the sellers. No one is blaming the Browns for the crisis, we are blaming them for a particular course of conduct that was dishonesdt and harmful.

We know who the AirBnB guests are, btw. These are residential neighborhoods where the occupants of the homes (both renters and owners) know each other.
Rest assured that the Brown's customers are unwelcome.

I stand by my assertion that using their child's picture on the dishonest letter is a new low.

So, enjoy your day in SF or LA, sipping the Blue Bottle coffee that will be boycotted if it is sold in Portland.
53
The letter did not "convince" them to sell their house, they already were selling!
54
Please pray for the safety of Ms. Frey's most precious Granddaughter who's picture was heartlessly used by her own parents and AirBnB to trick home sellers.

What kind of human beings would do such a horrible thing?

I don't know, Wendy, maybe you should have raised kids who know right from wrong.

"I am praying for all our safety." (What BS.)

This type of hatred is unbelievable. (Your lack of ethics is unbelievable. Ryan and Kristina Brown's dishonesty is unbelievable).

Tell Ryan and Kristina that Portland's justifiable anger will not go away and that we now dislike
the entire Blue Bottle company, starting with Tony K. & "ERP."
55
Thanks, RBM. This is indeed now my second post. I typically don't have the time to waste on things like this, so you won't be seeing 173, or even 3 comments from me.

You must not be from around here. Blue Bottle is sold in Portland. It's great so you really should try. It seems that boycotting Blue Bottle is an effort to shift the blame, just as you accused me of doing. I'm not sure what Blue Bottle had to do with the Brown's "conduct that was dishones[d]t and harmful" in this matter.

The problem is your assertions are based on the facts (and I use that term loosely because there are so few) of this article. I didn't see any dates or actual events that lead me to believe that the Brown's wrote the letter with the intent to lie, cheat, and deceit. It's all based on the assumptions of the seller and reporter. I choose not to be jaded and take in to account several of the comments made by personal friends of the family who state that their intent was to immediately move in after purchasing the home, and despite their situation change, do hope to move back to the area.
56
Air BnB hosts and users--worse than Pol Pot? Or history's greatest monsters ever!
57
It's incredibly unbelievable that while I lived in my family's home with my family that I was being stalked and spied on? Oh my gosh? Seriously? The weeks I stayed in the home the ex owner of the home was watching me? I feel so violated! I'm am totally creeped out! I do fear for my safety and for the safety of my family! Unbelievable! This is really something to be frightened about!
58
Sucker!

This is what happens when you start owning land and property and thinking that's sane thinking and desirable living. We were working only fifteen hours a week as hunter gatherers; the agricultural revolution was our first and maybe biggest mistake as a species.

lol Says the guy on the Internet, who wouldn't give up Star Trek Online for bison pemmican by the campfire.
59
ZzzzzzzzxZZZZZZZZZZzzzzzzz
60
Am I the only one who finds it super creepy that this dude was trying to stalk the family he sold a house to? That should be the take away here.
61
Non story. If you don't want other people to control your property, don't sell it. Or, you can try putting conditions subsequent in the contract. Of course, that is going to push the price down. Freedom is fun.
62
"It's incredibly unbelievable that while I lived in my family's home with my family that I was being stalked and spied on? "

Stop lying, Wendy. You just helped set up the illegal hotel and it was obvious what you were doing.

Now we know where your kids got their lying tendencies.

"I feel so violated"

As do the neighbors next to your kid's illegal business.

"I'm am totally creeped out! I do fear for my safety and for the safety of my family! Unbelievable! This is really something to be frightened about!"

Lying, again. the neighbors are just asking your kid's business to comply with the law.

If Portland is scary just sell the house and don't lie.

Yeah- and Blue Bottle Coffee tastes of lying hysterical grandmother's crocodile tears.

Can't wait till I see that poop for sale and talk to the shop.
64
As if they didn't sell it for the money.
65
Any clause in the sales agreement to ostensibly restrict what the buyer might do with the property would be non-binding. Once it's sold, it belongs to the new owner to do with as they wish, subject to statutory infringement and unequal enforcement of laws.
66
If you are concerned about a potential zoning code violation in your neighborhood, please contact Michael Rick at the City of Portland Bureau of Development Services. If found in violation the new owners will have 30 days to comply.
67
Y'all gonna feel pretty dumb if their story turns out to be true. Just saying....people are making some pretty rash conclusions based on only one side of a story. Seems this one anecdote is tapping into a bunch of emotion and when that happens, it can be hard to make the right call.
68
"Any clause in the sales agreement to ostensibly restrict what the buyer might do with the property would be non-binding."

You're wrong, B&B. It's difficult to do, but it's not impossible. Also there is no such thing as "statutory infringement and unequal enforcement of the laws." At all.
69
Tony Konekny , if that is your real name which I highly doubt, your statement makes no sense , I'm thinking you work for Airbnb ...go ahead publish your heartfelt letter and theirs ...and don't make it up...or, if you are that close to the "buyers" have them respond ...and stop Californicating Portland !!
70
Seems pretty simple Wendy, don't break the law and people won't try to bust you. Get over yourself and pay what you owe. YOU are the problem.
71
If they are like the neighbors at my rental, they like the arrangement of temporary residents
because a lot of the money is tax free. They go through Airb&b some of the time, but
it might only be the first day or two of their tenants' stay. Meanwhile, I pay tax on every
dollar I make. They live downstairs, so it's easy to rent their upper level. They have repeat
business and long term people stay there and don't pay tax.
72
Ray: if you google "Tony Konekny" and "Ryan Brown," you see that they've worked together for many years, both at Tonx Coffee and Big Bottle. Tony also tweeted a shorter version of his post around the same time as he commented here. He's standing up for his friend, which is perfectly understandable.

The real questions are: Did the Browns break any laws or regulations? If so, what is the city of Portland doing about it? How many other Portland AirBnB rentals are in violation of any laws or regulations and what is the city doing about that? If the city is doing nothing about it, why not?

Also, susanA's comment suggests that a lot of the money people can make on AirBnB is tax-free. That should be rectified.
73
Make that "Blue Bottle," not "Big Bottle."
74
Bad laws are written all the time that amount to infringement. Good laws as well as bad are enforced unequally all the time. Just like the way how homeless are cited for sleeping on dogshit in the park, that dog owners aren't supposedly allowed to leave there in the first place, nevertheless, cops don't harass dog owners, but they sure do torment the homeless.
75
Wendy - you have little to worry about from a real world threat perspective to you or your family. The Mercury comment sections are, and always have been, full of passive aggressive, do nothing trolls. I mean, just look at many of the immature rankings on here, this "bite me" loser being the prime example.

On the story in general: sounds like there is still more to learn on the exact situation. It sure made for good clickbait fed by the xenophobic trolls of the portland interwebs though!
77
Sydney Mead's LinkedIn profile states that she is "Well versed in Fair Housing Laws and working with the City of Portland with their “CPTED” Program (Crime Prevention through Environmental Design)", which indicates she's more likely well-versed in getting around fair housing laws since those permits and taxes aren't being paid.

As if CPTED doesn't sound like gentrification disguised as crime prevention...
78
Add to the list of people who will say anything: Nick C

"What would you do if you bought a house (they bought in 2015) , and right when the purchase closed, the company you were working for was sold to a different company (that happened in 2014) , which required you to move to a different state (from Colorado to Cali)

"That's exactly what happened to the Browns."

I am tired of a certain group who thinks that they can lie to get a house, lie to protect friends,
lie on their mortgage applications and lie to the neighbors and yet float above any criticism or attempt to hold them accountable for dishonest behavior. I assume the Browns' have also misrepresented their purchase on their homeowners insurance.

The Browns declined Ms. King's invitation to explain the situation, instead letting Mom manufacture fear that some Sellwood resident would travel to California to confront the Browns. Frey also complained that someone looked into the window of their unregistered hotel whose images are all over the web. Hilarious. She's happy to let the Brown's customers invade the privacy of a residential neighborhood, but gosh forbid someone checks on their illegal business.

The way to rectify the situation would be to find one of the many honest realtors and sell the home to people who will live in it and not pimp it out to the kind of sketchy tourist who stays in unregulated lodgings.
79
@bigger and better you are totally wrong about not being able to place restrictions on the future use of a property through the use of covenants or easements before selling it.

Google conservation easements!

The previous owner chose not to place such an easement on the property because it would have been worth less had they done so, just like sellers who get all up in arms because a house is demolished to build multiple units could have placed an easement preventing the subdivision of the property before sale but they of course did not do that because it would have reduced the value of the property and they wanted to get top dollar.
80
It figures that you "love this place" for those reasons, lazaar. The worthless windbag that you are. This provides a real outlet for you, as I am sure your 6 roomates are tired of hearing your whine and complain.
81
Easements are moot as you can't keep a land owner from accessing his property. You can prohibit a driveway being paved across your land by a neighbor, but you can't stop him from crossing your property to get to his own, nor can you assure that any prohibiting of egress to other property in perpetuity will withstand legal challenge, because it won't.
82
B&B you aren't making any sense. Nobody is talking about access easements. All we're saying is that there are ways to restrict the use of property upon its sale. That is not "moot."
83
Once you sell your realty it doesn't belong to you anymore. The only control you have is on what you own, not on what you've sold, irrespective of what balderdash you may try and impose as a restriction. About the only leverage you might conceivably retain is mineral and/or timber rights, as a club to use to threaten the new owner with; 'if you do this, I'll drill for oil or cut down all the trees'. Of course, co-ops are a different story, like where you buy a condo, but can't even paint the door any clashing color you like.

_________________________________________________________________
{@bigger and better you are totally wrong about not being able to place restrictions on the future use of a property through the use of covenants or easements before selling it.
Google conservation easements!
Posted by econoline on 11/30/2015 at 9:22 AM}

{B&B you aren't making any sense. Nobody is talking about access easements. All we're saying is that there are ways to restrict the use of property upon its sale. That is not "moot.".
Posted by booyah25 on 11/30/2015 at 10:59 AM}
84
Zoning and EPA bullshit is about all that is enforceable. Clauses in sales contracts might only be actionable after the fact, with litigation, provided that the Jury sees it your way, but really, when you sell something, you can't dictate in perpetuity the future of it. You can't have your cake and eat it too. You could set up a trust to hold the land in the condition that you want, but then you don't get paid for the transaction, unless the buyer is buying it to preserve or develop land with the intention of acceding to your wishes.
85
To prove fraud, you must show the defendant:

Made an intentional misrepresentation;
Intended that you rely on the misrepresentation;
That you have been negatively affected in some way.

I think the Morrises have a fraud claim based on tort law and not a breach of contract case based in real estate law. If the Browns had not intentionally lied their way into the house the sellers would not have much of a case. But that letter is a problem for them on a lot of levels.

If the Morris's want justice, they should read the closing papers, figure out who the Brown's lender is and let the lender know that the Browns are not using the house as a residence.
86
Bigger and Better appears to be a bot that puts together random words and phrases from a Property Law textbook.
87
There's an old saying in sales, which is not to be found in any legal dictionary: "Buyers are liars." There is no fraud, because they fully paid for the property. Furthermore, the seller can't discriminate against who they get to sell to. Remember the sordid case of the homosexual wedding cake?
88
Don't you love New Portlandia! Where your word means nothing and the cheats and liars always win! (Not that everyone was always straight as an arrow before, but you only expected lying this blatant from City Hall). I wouldn't be surprised if the Browns do sue for emotional distress. Yay 'Merica!
89
If the Morris' were so concerned about their "home" being turned into something other than another ideal home, then why did they sell it to begin with? Probably to take the proceeds for a down payment on that 6 bedroom house in Lake O. Hey Mercury, why don't you go after some bigger fish....like the developers that have been given carte blanche over the city.
90
This sounds like a bad break up, you've got to move on! So what somebody lied to you in a letter, happens every day, free enterprise, be more American. let's do some scenario-based thinking what if said family you sold the house to had some tragic situation take place six months after the sale and they were forced to rent / sell do you think the seller could do anything to them ever? No. This article is only valid because somebody's violating the rules of Airbnb within the city. End of story.
91
"This article is only valid because somebody's violating the rules of Airbnb within the city."

No: the Browns should be held accountable for going to the trouble to fabricate a story in a letter and then attach their kid's picture. This is fraud- read the definition of fraud.

The Browns may be guilty of insurance and mortgage fraud unless they disclosed their intent to rent the house.

The agent, Sydney Mead, appears to have a dishonest business plan consisting of four illegal rentals. She may be liable for disciplinary actions by the realtor's board.

And, the Brown's supporters have lied and exaggerated in their lame attempts to excuse dishonest behavior.

This is about a culture that says if you are white and polite you can lie your head off and screw the residents of Sellwood. AirBnB has no problem with scofflaw hosts, or dangerous dwellings
or any other issue.
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We should all boycott this Sydney Mead guy. People like this shouldn't be allowed to operate in our beautiful city. I agree with @blabby " Sydney Mead seems to be aiding and abetting illegal activity."

http://www.habitatepropertymanagement.com/1
93
Guys guys guys. Other than "Browns not living in home" where is there any proof that they "lied" or "committed fraud" or "conspired with the realtor to open a hotel"

There is nothing, literally nothing, in this article that is given as proof or even sound reasoned arguments. It's so grossly one sided it's mind blowing and relies on looking through windows and talking to that one guy as proof. the real estate agent didn't really help matter tbh, she acted kind of shady.

Yes, airbnb is awful, yes, the laws are not being followed-- but it's not proven to be intentionally broken by the Browns. Though the real estate agent should have known, which is why one hires a real estate agent, someone who is versed in the matters. Stop making the worst assumptions and call them facts based on a borderline op-ed.
94
Jacob is yet another friend of the Brown's wandering by to talk down to the locals.

Once again, the article suggests that the Browns lied. Ryan Brown has never lived in PDX- he works for a company called Blue Bottle that has post in Colo and SanFran. When confronted with facts that made him look like an unprincipled liar, he chose to remain silent. He or his wife could have offered Ms. King something- anything- to kill this story.

I have read the Merc for years and I know darn well they can and will offer a retraction as appropriate. Proof people, reasoning. Ryan Brown sits silent while people call him a liar- because he is one. he has nothing to prove his sincerity.

And just for the record- your home as privacy but your illegal hotel does not.

"“They're a lovely couple whose original goal was to live in the home,“ Mead says. “But they ended up getting jobs in San Francisco and weren't able to move to Portland like they'd planned.” BS- according to the company website Ryan Brown moved to SFO from Colo over a year ago.

Stop treating Portlanders this way, you loathsome lying tech bros. Don't flout our liaws then whine at our response. Shut down Sydney Mead's illegal business. Report her to the REaltors board. Report the Browns to BDS. Let AirBnB guests know they aren't welcome in Sellwood.
95
rbm - Where are you getting the idea that Mr. Brown lives in Colorado now or ever?
96
rbm - I see I had it backwards - thought you were saying he moved TO Colo. Not to say he couldn't have bee planning to move to Portland from SF before being called back. Much of his work is web related and mobile. In any case, i agree with others, that the "intent" aspect of this is pretty speculative based on current info, the real issue being about the legality of the BnB.
97
When I went to Brown's linked in page he seemed planted in SFO.

Here's the deal" if Shelby King asked me, RBM, if rumors that I had stolen communion wafers
was true, and I had a receipt proving my innocence, I would say "here King, the rumors are BS here is my receipt."

Here, Ryan Brown could easily defend himself if he was honest. He could have explained the situation to Ms. King. But his silence is damning in this context.