WASHINGTON
-- A Realtor who Rep. Randy "Duke" Cunningham said had set a
fair and independent price for the controversial November 2003
sale of his Del Mar home to a defense contractor was a longtime
contributor to the Rancho Santa Fe Republican.
Realtor Elizabeth Todd and two family members have made 18
separate contributions totaling $11,500 to Cunningham's
congressional campaign committee since 1997, according to
records at the Federal Election Commission.
The lawmaker also hired her and paid her a commission for the
$2.55 million Rancho Santa Fe house that he acquired immediately
after selling the Del Mar house. And the defense contractor
hired her to sell the Del Mar house after he purchased it from
Cunningham.
Cunningham has elicited sharp public criticism since Copley
News Service, in an article published Sunday in The San Diego
Union-Tribune, disclosed that he sold his Del Mar house in
November 2003 to Mitchell Wade, a defense contractor. Wade put
the Del Mar house back on the market shortly after buying it,
where it remained unsold and vacant for more than eight months.
It eventually sold for $700,000 less than what Wade had paid
Cunningham.
Property records don't list Wade or his company MZM Inc. as
the buyer of Cunningham's house. Instead, the records state that
Cunningham sold the house to 1523 New Hampshire Avenue LLC.
Nevada state business records show that Wade owns that company,
too. It is the address of his Washington, D.C., office.
The congressman, a member of the influential House defense
appropriations subcommittee, said in an interview last week that
he has supported Wade's efforts to win tens of millions of
dollars in defense contracts.
Monday, Cunningham's congressional office released a
two-paragraph statement that is his only known public comment on
the transaction since its disclosure. He defended it, saying
Wade had "received comparables from an independent source
establishing the value of the home."
Cunningham last week identified the person who set the price
as Todd. In a separate interview last week, Todd, of the Willis
Allen Co. in Del Mar, confirmed that she sent Wade the "comps"
and set the asking price for Cunningham.
Based solely on those comps, Wade accepted the asking price,
according to Cunningham and Todd. Neither Cunningham nor Todd
has responded to telephone calls since the story was published.
Cunningham came under partisan attack yesterday, with an aide
to House Minority Leader Nancy Pelosi, D-San Francisco, saying
that Cunningham's house transaction "is precisely the sort of
allegation that a nonpartisan, functioning (House) ethics
committee would consider."
Revelations of the deal have sparked outrage in Cunningham's
district, which includes several North County communities, such
as Del Mar, Carlsbad, Encinitas, San Marcos and Escondido. Much
of the anger has focused on the question of how a house could
sit on the market for eight months and sell at a loss of
$700,000 when prices were sharply rising and many houses were
receiving multiple offers above the asking price almost
immediately upon being listed.
Said San Diego Realtor Christian Peter: "In November 2003,
property values increased approximately 20 percent on a
year-to-year basis in San Diego County. A $700,000 loss would be
unheard of, and anyone who bought property in 2003 and held onto
it for any period of time should have made a significant amount
of profit."
A Copley News Service review of the comps for Cunningham's
neighborhood during the approximate time of the sale show an
array of houses of vastly different sizes and views selling for
$700,000 to $1.7 million.
This indicates that Todd might have set the price at the high
end of the range when she set it at $1,675,000. However, the
eight months it languished on the market and its subsequent sale
for $975,000 during a seller's market suggest a value closer to
the low end, according to real estate professionals interviewed
for this article.
Another aspect of the transaction that perplexed experts who
were interviewed yesterday is why Wade, who lives in Washington,
D.C., would accept the asking price set by Todd after only
looking at a list of comparable house sales.
The next step in a normal arms-length transaction would have
been to have a Realtor or appraiser drive by the houses to see
if the house being purchased was more like houses at the upper
end of the range or more like houses at the lower end of the
range, according to several experts.
Ordinarily, an appraisal would be required if a house were
being financed. But there is no record of a deed of trust being
taken out by Wade on the purchase of the house, indicating that
he paid in cash.
Wade has remained unavailable for comment about the
transaction.
Last week, in his interview with Copley News Service,
Cunningham said Wade had requested comps from the lawmaker when
he heard he wanted to sell his house.
"So they sent Mr. Wade some comps. And (Todd) actually set
the price. Said, 'I can get this for it.' And Mr. Wade agreed,
accepted. And we sold the house."
While Todd provided the comps and set the asking price,
neither she nor anyone at Willis Allen was a party to the
eventual sale, a private transaction between Cunningham and Wade
that did not involve any real estate agents.
Despite Wade's substantial loss on the house, Cunningham said
the two never really discussed the sale after it took place.
"No. I mean it was none of my business," Cunningham said last
week. "I had a market price from Willis Allen . . . And they
said this is what the house will sell for. And I don't know
about you but, when I had a house in Clairemont, when I had one
in Mira Mesa, I just tried to get the most out of the house that
I possibly could, and I bet you would, too. "