Our Statement on Antitrust
August 7, 2025
Mr. David Ewen
Anywhere Real Estate Inc.
175 Park Avenue
Madison, New Jersey 07940
Dear Mr. Ewing. Thank you for your letter.
First of all, in no way do I desire or intend to infringe upon the Coldwell Banker trademark or confuse anyone, especially customers, that my real estate practice is under the brokerage of Coldwell Banker. In fact, if you are worried about your brand reputation, I am surprised that you have allowed Coldwell Banker in Chico to degrade so embarrassingly. This proud franchise of more than forty years under the DuFour family was the crown jewel of the local real estate market, and I can honestly say I put all of my effort and best practices into contributing to the local and national Coldwell Banker brand for nearly fifteen years.
The very fact that you would allow such seasoned and productive agents such as myself and Brian Littrell to feel so little valued, shows how much you have neglected this brand. By the way, I have never notified the company that I have terminated my brokerage agreement with Coldwell Banker C&C Properties, nor have I ever received any notice that our agreement has been terminated.
Your letter is no doubt prompted by Dan Jacuzzi, who threatened me with a lawsuit in text messages (See Exhibit A). Mr. Jacuzzi is the owner of Select Properties and Jacuzzi Enterprises, Inc. who acquired the Chico Coldwell Banker franchise under duress from the last owner Steve Craft of CBCC of Redding/C&C Properties. The Chico acquisition adds to Mr. Jacuzzi’s massive list of Coldwell Banker and Century 21 offices that he owns as part of the “Select Group” of companies throughout California, Nevada and Washington. According to his website, he owns no less than 74 offices in these states, not including other Coldwell Banker offices identified as “Mountain Properties”, also reportedly part of the Select Group.
It is my understanding that in addition to his franchise Century 21 Select in Chico, Dan Jacuzzi has also acquired Chico real estate franchise offices Prudential, Better Homes and Gardens and now Coldwell Banker. Nearly 100 agents in the Chico Association of Realtors are working for his companies. Your company, Anywhere Real Estate, Inc. (formerly Reology) is the parent company for the franchise companies Coldwell Banker, Century 21, and Better Homes and Gardens, and Dan Jacuzzi and Select Properties/Jacuzzi Enterprises is your franchisee and owner of these franchises in Chico.
It is my understanding that Dan Jacuzzi is precluded from his franchise agreement, and perhaps by antitrust laws, from operating another Coldwell Banker or Coldwell Banker Select office in Chico because it would be in shadow competition with his other company Century 21 Select in Chico. Dan Jacuzzi himself, as well as his CFO Jimm Beech told me that they could probably find a way around this restriction by administratively assigning Chico Coldwell Banker agents to the Red Bluff Coldwell Banker Select office. Mr. Beech told me the Select Group has a lot of clout with “corporate” and can probably circumvent the requirement. As of this writing, it appears that Chico Coldwell Banker agents have been assigned to the Yuba City based Jacuzzi Enterprises, Inc. It is also my understanding that Mr. Jacuzzi may still be allowed to operate a Coldwell Banker Commercial office in Chico, and some residential agents may now be serving under that franchise. In any case, most of the Coldwell Banker office in Chico is now on the market for Sublease by one of Mr. Jacuzzi’s Century 21 agents (See Exhibit B)
Please understand this letter is not based on “sour grapes”. When the Select Group took over our company, I did my best to keep an open mind and offer value. It turned out not to be a good fit, and it is time to move on.
However, I believe I am now being harmed and my livelihood is being damage by possible antitrust, anti-competition and unfair business practices perpetuated against me by Mr. Jacuzzi, Coldwell Banker and Anywhere Real Estate, Inc. When I first told Mr, Jacuzzi that I would not be signing a contract with his company, he immediately threatened me that I am not to talk to our clients or influence them in anyway, and that they were in fact, his clients. Later he acquiesced and demanded that I pay a referral fee of 20% for the right to transfer the listings so that I could continue working with my clients. He later reduced this referral fee to 10%, which I agreed to in the interest of putting water under the bridge and moving on with business.
I have made every effort to separate myself from Coldwell Banker in a timely fashion, and will continue to take steps to put further distance. I am not married to the name CBCNorcal – Commercial Brokers of California and perhaps I will change it in the near future. But my transition away from your sinking ship, a disaster that I did not cause, was courteous and professional, and in a manner that was as least disruptive to our clients as possible. In response to your baseless claims regarding brand infringement, please see Exhibit C.
I believe your actions are heavy handed and should be challenged as antitrust, which are laws designed to promote competition in the marketplace by preventing monopolies and other anti-competitive practices. These laws aim to ensure fair prices, quality products and services, and innovation for consumers.
I don’t think engaging in antitrust activities is good for your Coldwell Banker brand. I believe your affiliated companies are fouling the free marketplace of the Chico real estate industry, and believe this practice needs to be challenged and stopped.
I too, would be happy to try to resolve this matter amicably and expediently, and our legal representatives can discuss this with you further.
Contact Mike Donnelly
530-828-0011