Please let us know what has happened to you, and let us know if you would like to help us make buying new houses safer.
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Pat
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posted 12 November 2005 23:25 CET
Hey all!
First, let me say as overwhelmed as I am after reading so many complaints just for this year, it does give me hope. My entry does not involve a builder per se, but it does involve the county I live in and my fight. I now have no other means of retribution than federal court. Look for me soon in a paper or tv near you unless something miraculous happens. My house was built in a perennial pond and 404 wetland. Any one buying a house south of the Mason Dixon line should be aware of what a wetland is and what has been done in order to build on them. The EPA website is a great source of information for this and those of you living in South Carolina, Georgia, Alabama, Mississippi, Louisiana, andFlorida may want to check that site. In my eight years of house and property nightmare, I would just like to pass along things that I know now that I wish I knew then when my husband and I bought this place. I hope this will help some of you and stretch your minds into looking for help in other places. First, I will say that NC contractors do have to have a license and are under statute guidlines with administration proceedings. However, it is not enough due to the political monster that the home builders and realtors associations have become in the past couple of decades. So here's Pat's TO DO list of house buying (by the way this also goes for condo owners) Also note that much of this information can be accessed online nowdays saving you time and money. DISCLAIMER: I AM NOT AN ATTORNEY NOR DO I CLAIM TO BE ONE. THE FOLLOWING ARE SUGGESTIONS ONLY, COMPILED FROM EXPERIENCE I HAVE, NOT EXPERTISE OR A DEGREE. THE USE OF THIS INFORMATION IS SOLELY MADE FOR THE DISCRETION OF THE VIEWER AND I IDEMNIFY MYSELF OF ANY AND ALL CAUSES OF ACTIONS MADE BY THE FOLLOWING STATEMENTS.
1. If you use a relator, check the state statutes regarding a realtor's or broker's duties towards the client. Also have your realtor or you pull up any covenants for your area and if you are required to have a disclosure statement at closing.
2. Check the Better Business Bureau in your area for any complaints against the realtor or builder.
3. Check your state's corporations division to make sure your builder or developer is still legitimate.
4. Check the warranty company of the state's corporations division too to see if they are still a viable entity.
5. Visit your city or county planning departments to see the plans for your particular subdivision or condo. Check too for copies of ordinances on planning and zoning for your area as well as building codes.
6. Check your local department or state department of environmental and natural resourses for approved drainage, stormwater runoff, and soil and erosion control.
7. Check with your local health department to obtain a copy of the improvement permit if you are on septic and with the local or state engineering department to confirm sewer. The water approval should be with state or local authorities.
8. Visit the local building inspection department and obtain a copy of your certificate of occupancy (if completed) and your building file. Find out who the local inspector is and their site visits and reports.
9. People living in wet areas can obtain a US Army Corps of Engineers report by completing a Freedom of Information Act (FOIA) request. (There are great websites to tell you how to do this-just google.)
10. Pull and know your state's (and federal requirements if necessary) for a statute of repose, unmarketability of title, unfair and deceptive trade practices, civil rights violations, fraud, negligence, nuisance, and other means that you have in order to force a buy back of the house or have repairs made. Find the statute of limitations (the time you have to file a complaint)for each in case you have to file a complaint.
11. Check your title insurance policy or initial binder for what they will cover. They have a vested interest in your house too.
12. Make copies of anything that strikes a red flag in your gut even if you are not sure about it.
13. Know who your local officials are and the heads of the main departments.
14. Check the contributions of the local officials through your local election department and see just "who" is contributing to them.
15. MOST IMPORTANT: If you are going to assert and allege something, you better be able to prove it. I cannot stress this enough whether you go to mediation, arbitration, or trial. Cover your back, cause those guys are sure going to cover their backs.
I guess that is about all for now. Again, I am encouraged by seeing this site and I wish all of you with issues the best in resolving your problems with your homes.
Bonded in empathy,
Pat |
LISA
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posted 10 November 2005 22:49 CET
I started to build a Meritage/Legacy home in Whilshire Valley in Keller in June and as the house started construction nothing was right. Doors being left out, wrong door size, food & smell of pee everywhere,beer cans all that you can imagine wrong went wrong. The sales lady Susan Oxley was very nice to us when we began the process but after they got our 2500 earnest money and we started to complain about all the wrong stuff she started ignoring our complaints. I got very angry and was going to escalate to the district manager and soon enough she returned my calls and advise she would take care of things. Our loan was taking a while too because the sales lady was changing our contract every so many weeks stating that she is merely doing that to qualify us. When we finally got the loan ready and ready to close I was told by the sales lady Susan that our house had jumped from 198k to 215k because of our fault and delay of our loan!!! 1 month and my home jumped from 198k to 215k I told her she can keep the house and see if I care and all she replied was I will cancel your contract. I will never refer anyone to Meritage and I will tell the whole world how bad thier sales people are and how BAD my experience was with that builder!!!I am still fighting them to get my 2500k back because the price increase was never disclosed to me the whole entire process of this home! |
Marie
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posted 7 November 2005 20:15 CET
I am a realtor in Texas and I wish something could be done about these overbearing sales consultants at some of these new homebuilders.
There's a Todd that works for Lennar homes who will try his best to steal your clients away from their current mortgage brokers. Even when he was advised that my clients have been preapproved through someone else already, he insisted on giving them a 30 minute "mortgage 101" course. I was irate! Here I took the time to look at the homes for my client on my own time and bring them back to set up a contract and the sales consultant pulled this! Just like realtors can't take clients who are under representation agreements with other realtors, a law like this needs to happen with mortgage professionals and sales consultants. |
richard schweizer
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posted 6 November 2005 17:19 CET
Foundation is cracked and builder - DR Horton - has denied responsibility for it. House is essentially splitting apart down the middle. |
Arlene Luskin
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posted 6 November 2005 15:40 CET
11/6/05
Lived in Goodyear, Arizona, decided to move to San Antonio, Texas, so July 17, 2004 found the perfect house. The salesman, Weston Pugh, told me and my real estate agent that this lot was the most level lot. I was wearing 2 leg braces and used a cane. I was very specific that I needed a level lot as I couldn't walk up and down stairs. The salesman reiterated it was the most level lot. I also said that I had a wheel chair and didn't know when I might have to o back into it. I signed a sales contract and the house would be ready around the end of February 2005. Around the middle of January 2005, I received some pictures from the permanent salesman, Mr. Greg Collier, (Mr. Pugh was a substitute while the regular salesman was on his 2 days off), showing that the was house so much higher then the land. I called the regular salesman and was told there would be about 5 steps leading to the front door, the same from the side of the house and out the family room. I was still in Goodyear, Arizona and was very upset when I called the salesman. He said he would see what he could do about making the front and side level, but wouldn't do anything to the backyard. But if I wanted it I could have a ramp built and this way I could go out the family room door. So at great expensive I had a ramp built the ramp went no where but to the middle of the grass in the yard. A wheel chair can not move on grass. Once I moved in I complained about the fact that if I took my wheel chair out there was no way I could get my wheelchair on the sidewalk outside of the cluster mailboxes; as there were no sidewalks, I was told if I wanted to get my mail I should call the post office to have it delivered to me. I am now confined to using a walker and if I want to go walking I have to use my wheel chair. I find that the builder is discriminating against someone who is handicapped.
It should be noted that the houses on both sides of me you can walk out the doors from the family room and there is a 3 inch step, not 5 or 6 steps, that are 10 inches high.
I have a copy of a letter that I sent to the president, ceo, Medallion Homes, Will Worth, and his reply to me was that FLAT WAS NOT LEVEL.
I have a letter from my next door neighbor that the salesman said that the builders loused up with the building of my home. I have pictures of what the ramp looked like. It should be noted that, spending a hugh amount, I had a deck built so I could enjoy the backyard.
Thanking you in advance for any help you can give me.
Sincerely yours,
Arlene Luskin |
rippedoff
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posted 5 November 2005 18:22 CET
See Legend Story -Scary
what will happen to the homeowner? |
Elizabeth Renz
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posted 29 October 2005 16:34 CET
www.homeownernightmares.com is my Guide for home buyers of new construction. The potential purchasers of new construction in Texas need some consumer protection.
I hope some day our legislators will wake up, license home builders and require inspections of new construction in the areas outside of city limits.
As it stands now, some home builders are not accountable or responsible to the purchasers and the purchaser has little recourse other than great expense, heartache, and/or years of litigation. |
Stacy
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posted 28 October 2005 00:46 CET
Do not sign an arbitration clause or you may sign away your constitutional rights! |
Stacy
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posted 28 October 2005 00:40 CET
Cobblestone Homes Inc. OKA Rodger Tracy Tucker in the Tulsa, OK area built my family a home but failed to follow building code by installing a moisture/vapor barrier. As a result we have experienced moisture intrusion through our slab which has caused wet carpets and toxic mold. We have had to abandon our home. Mr. Tucker refused to fix our home yet we still have to pay for it even though we can not live in it because it was making us sick. Homebuilders in Oklahoma are not licensed. |
Wilson2207
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posted 21 October 2005 11:58 CET
Tort reform/Frivolous lawsuits/New house builder protection.
Coming soon to a legislature near you! Construction defect legislation/right to repair/"right to rip off" (NPR.org, All Things Considered, 7/8/04, Confusion, Ire over Lemon Housing Law), corporate/public new house builder protection.
"We love free enterprise as long as we get to do as we please without the restrictions of 'strangling' government interference and regulations which protect the interests of the new house buying public." W
"Affordable housing is at risk." W
Tort reform for the elimination of frivolous lawsuits and multimillion dollar settlements?
Believe what you want.
"Our business model doesn't work under current law. We are having to absorb too much of the cost of the results of shoddy construction and our other cost cutting measures, and that is not fair. These costs should be the burden of the new house buyer. Therefore, let's change the law so that practices that would normally be frowned upon are now acceptable." W
Far from the truth? Give it some thought. The facts do not support the push for tort reform regarding new house construction.
Closer to the truth based on the references cited below: "We need the right to repair as it gives us further opportunity to continue to behave as we have in the past, delaying, denying and doing nothing." "Arrogant foot-dragging, stonewalling, and lulling, are legitimate and effective steps on the path toward the statute of limitations which absolves us from accountability and responsibility." W
With the insurance industry questioning whether to insure new house builder liability, it should be a red flag warning for all new house shoppers. This is a very risky option.
This is not about tort reform, as the insurance and new house building industries would like you to believe, this is about shoddy construction and new house builder responsibility and accountability for the product they produce. Growth and profitability have been achieved at the expense of quality control and the excess financial burden placed upon the new house buying public.
What other industry tries to insulate itself from taking responsibility and being held accountable, for the product it produces to the extent of the corporate/public new house building industry?
Do not let the largest purchase of your family's life become a financial and emotional nightmare. How much are you willing to risk? Financial security in your retirement? Your kids' college education?
Learn from my mistake (One would not think that the purchase of a new house for one's family could possibly be a mistake.) the mistakes of other new house buyers, and the behavior of some corporate/public new house builders.
IN MY OPINION, WHICH IS BASED ON MY EXPERIENCE, THERE IS NOT A LEGAL PRODUCT AVAILABLE IN THE MARKETPLACE TODAY THAT CARRIES THE DEGREE OF POTENTIAL FINANCIAL AND EMOTIONAL RISK FOR THE PURCHASER AS DOES THAT OF A NEW HOUSE. |
wilson2207
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posted 12 October 2005 09:40 CET
The Need For Consumer Warnings?
Should consumer warnings be included in all advertising and sales material promoted by the corporate/public new house building industry in the interest of full disclosure, transparency, public awareness, and the making of an informed decision? Or, are these warnings already included in the documents that new house buyers are compelled to sign AFTER committing to the purchase of a new house?
An example of such a warning could be:
"Warning: This transaction MAY be hazardous, and devastating to your physical, financial, and mental well being."
"The agreements you sign regarding the purchase of this new house, although within the letter of the law, may produce results, the spirit of which, may verge on the larcenous."
Far fetched? Unnecessary? Absurd? Ridiculous? The nature of the beast? It belies the facts and the history?
Think of the dollars that would be saved in the effort to get, construction defect/right to repair/"right to rip-off" (NPR.org, All Things Considered, 7/8/04, Confusion, Ire over Lemon Housing Law), new house builder protection, legislation approved, and the cost of other efforts at damage control.
Believe what you want. Protect your interests before the fact. Do not make the mistake that I did. Justice delayed, justice denied? |
Laura and Charlie in LV
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posted 12 October 2005 09:25 CET
When I say DON'T BUY A PERMA-BILT or MERITAGE HOME, don't take my statement lightly.
As first time home buyers, my wife and I would have gone crazy if we had to go at all this by ourselves, but since we were partnered in the purchase with her parents, we felt a little more at ease, since they trade on real estate like some people do stocks.
However, if hindsight was 20/20, none of us would have done business with Meritage/Perma-Bilt if we knew what the next two years would be like.
Should have listened to that nagging voice in my head as soon as Perma-Bilt's "preferred lender" started jacking with us, and then it started screaming when they tried to close out our deal when the market started heating up. The week before our house went into escrow, Perma Bilt tried to shut the deal down...three months into the construction saying we were out of compliance with the deal. With what, nobody knew. After we threatened to sue and go to the media, they rolled. We noticed that at the same time they were trying to spook us out of buying-with our lender, that they jacked the base price of our model by $20k. So, there's item one. Then, the day of the walk through, we noticed all sorts of problems-even took pictures of the problems and noted each and every one.
* The stucco wasn't totally painted on the exterior (the base of the house and entry way was shoddily done. They made repairs after we balked.
* Light fixtures that didn't work. They made repairs while we waited.
* The bannister paint job was pure crap. That took a little more harping and three trips post-close to get resolved.
* The guest toilet on the 1st floor was improperly sealed. Fixed two/three weeks post-close....but more on that later.
* We made note during the move-in that there was a problem with the toilet in the master bath...the company rep replaced the toilet lid with another one...quickly moving on to another issue.
* Closet guides in the master closet are mangled...the company rep BS'ed something about getting them to fit properly isn't an exact science sometimes.
* Our optioned tile was never sealed, nor was the countertops.
Then the more subtle items became noticeable as the first year wore down.
* The contractor who did the electrical wiring for the HVAC among other things was extremely skimpy on the wiring. According to Sierra Air, whom I needed to come out and make repairs to AC 3 times in the first year, said that Efficient Electric had clipped lines almost too short for the HVAC unit in my attic. My requests from Perma-Bilt to get someone out and inspect my electrical issues went unanswered.
* The exterior paint is showing unusual signs of wear only after two years. They must have used the worst paint on the face of the earth!!
* Same electrical contractor, but this time my home theater. Typically, when you spend a few hundred dollars to pre-wire a 6.1 sound system, you expect there to be enough wiring at the speaker end of the business that you can effectively connect speakers. Too bad the lines were pinched under the studs when the ceiling was put in...it's made ever putting in another set of speakers damn near impossible.
* Common ground landscaping, that Meritage promised to complete, specifically the area that was at one time designated a FEMA flood channel, has been untouched. Playground equipment that was improperly placed near high speed traffic by Meritage should have been placed elsewhere at thier cost-not the HOAs.
* The lack of neighborhood-based street parking was never disclosed by Perma-Bilt sales staff. That our streets wouldn't have sidewalks was not discovered until a week before move-in.
And the final straw was...
The master bath toilet, the same one that we mentioned at the inspection...the one that was swept under the rug so fast by "Bobby"? Well, that particular kind of toilet was installed too close to the wall. The plumbing contractor, RG Plumbing of North Las Vegas, knowingly installed it improperly. My proof? They used two broken halves of a plastic ring to shim the backside of the tank so it would be "level" except that the flange was not seated evenly and caused a slow leak. What we thought was a typical bad wax seal at the toilet's base ended up as someone's handywork -where Perma-Bilt and RG Pluming tried to conceal it. When we brought this info to Perma-bilt's attention, they came right out and essentially called us liars...that because we were not plumbers, we were voilating our warranty. Next, we contacted the Nevada Contractors Board and arranged for an inspector to evaluate the situation. So, after three months, we're in the home stretch, within the week, we're going to get our answer from the Board. And it already looks like Perma-Bilt (Now Meritage) is on the hook for any and all structural repairs that may need to be made. We'll be looking at the rest of the house with a fine tooth comb from here on out. Specifically the same guest toilet that we had looked at upon move in. They may have screwed that installation, too.
Caveat Emptor |
Ronald Jackson
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posted 11 October 2005 22:31 CET
NVR / Ryan Homes built a home that evicted us due to it's combination of criminal defects, shoddy construction, disgusting customer service, and a misleading warranty. We still own it, but live in an apartment nearby. Yet this is one of America's largest home builders, making billions in sales. It's highly ranked by JD powers and Associates, which has lost credibility for me, as I believe they've allowed their survey to be manipulated by Ryan Homes and other builders.
Often times buyers are compelled to close on a schedule, even though they have a list of errors the builder is "expected" to fix after closing. When most of us plan a move, we cancel are existing lease if renting or generally need to vacate our prior residence based on a closing date for our new home. In our case, we refused to take the home until the two pages of visible errors were fixed, so they fixed them first. For others who move in with the errors, the may show up months later if ever to fix them.
In those cases, it's a house that still needs work, so it is incomplete, which implies it's possibly unoccupied even though sold. I don't believe such houses make the survey list for JD Powers. It stands to reason these would be customers less than thrilled with the builder, however they get no chance to darken the glowing survey results.
Secondly, the surveys often quoted by the Ryan Homes windbags, are after very short periods of ownership. Even though our home was defective, we would have given it a glowing review within the first two years, as the damages already gradually appearing were not correlated to hidden building defects.
As for our home defect, our former attorney stated he was settling a case nearly identical to ours that killed someone. Much like our home, the mistakes in the heating system caused enough CO to be lethal in that case. Sure the attorney regretted we all survived our defects. He didn't name the defendant. After he settled that case, he lost our case files, making us resubmit them, and stalled our case endlessly. When he did finally file our case it was on the last day before statutes expired, and he named the wrong company in the suit. He never returned a single call or spoke to us again after that.
We had him set to be prosecuted by the state bar, but he called in sick in the hearing date, and that case also just went away a week later. So it may be just my opinion, but I believe Ryan Homes /NVR manipulates anything and everything possible to reach the billion dollar figure in sales.
As for direct contact with "customer service" at Ryan Homes. Key points: A Ryan rep (VP) wrote certified letters in reply to our certified letters, only expressing concern and asking us to call them. On the phone they stated they would not fix our home even if the determined they were responsible for the damages to it. They also wanted to prove there was no defects, but they had our letters, photos and receipts, showing the builder errors were repaired, but 10s of thousands of dollars in damages remained. The repairs required urgent attention as they were causing CO if we used our heat (during an ice storm that lasted for days) Essentially they wanted to just come in and show us our repair work, with a promise to do nothing, for which we said "forget it." Then they justified their lack of action, as we were "uncooperative with theirs demands. Victims must follows the precise orders of those who commit criminal acts to get justice, in the home builder's handbook.
Then we went public (they basically dared us to try that on the phone) with what had happened over a period of years of no support on recovery. NVR discovered our complaints and threatened legal action against me if I didn't remove it. The complaints were well documented facts, so I said no way. But I was warned NVR would "destroy me" if I tried to take them on in this manner, and I was urged to remove the materials "for my own good", and stop my complaints. Never was any actual support offered, just lies, manipulation, and threats. I seriously did put tamper evident devices on my car, after that last customer service call, as that's how the threats came across to me. And incidentally a bolt to the master cylinder did "come loose" shortly thereafter causing all the brake fluid to gradually leak out while driving for no apparent reason, but we live under a feeling of constant threat from "customer service" so we question unusual things more than we used to.
But we are up against a massive wall of counter spins on realities from all big builders, and including NAHB. Even many unhappy owners don't want to devalue the biggest investment of their lives, and seldom come forward with any sustained passion. Most settle for minimizing their losses, as they really have no other choices. 10s of thousand benefit from NVR, and they don't want to know or believe the company has a very dark side, and does willfully cause harm to people if it helps their bottom line. We feel like a voice in the wilderness, expect for the few organization like Hobb, who are helping us come together, though we are still David verses Goliath. Being victims of builder defects is not a multi-billion dollar business, but more often the road to poverty, which gives us little meaningful voice in this society.
forgive the length, but it's hard to address these issues in one paragraph... |
wilson2207
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posted 9 October 2005 21:54 CET
To all those new house buyers with defecitive houses and unresolved warranty issues, the following cannot be repeated too many times. Recognize the wall you are up against and minimize your losses. Knowledge and awareness are effective tools.
New House Shopper, Be Aware
Hometown Hero, or otherwise.
"Beazer Homes includes a ten year Home Builder’s Limited Warranty with the purchase of every brand new Beazer home. This Home Builder's Limited Warranty provides you peace of mind, as it is administered by Professional Warranty Service Corporation and backed by Steadfast Insurance Company, a Zurich American company, and it protects your new home from "Construction Defects" during those first ten years of home ownership. The warranty covers materials and workmanship, as outlined in the Performance Quality Standards, for the first year after the date that you close."
Reassurance?
Or, a potential pig in a poke, for the most part purchased sight unseen, with no truly effective, economically reasonable, means of recourse to protect the interests of the purchaser?
Jeopardizing your family's financial and emotional future?
With the passage of The American Dream Downpayment Act, the following is of particular importance to the vulnerable and uneducated new house shopper.
I would like to thank Beazer Homes/Sanford Homes, for providing me with the opportunity to gain the experience necessary to contribute the following message.
Consider this a public service message:
This could be the most risky purchase that you will ever make, potentially 100%+. How much are you willing to risk? Your retirement? Your kids' college education?
Write to me if you want to know about my experience with, and opinion of, Beazer Homes/Sanford Homes. wilson2207@yahoo.com
Before you sign a contract to purchase a new house, walk through an established neighborhood where your builder has built houses within 1-3 years (5-8 years would not be a bad idea.) and ask the neighbors about any unresolved warranty issues and how warranty matters were generally handled. Do not rely on the builder's representations. Before the contract is signed, it is still YOUR money.
Try to determine the number of new house owners, in your chosen housing development, who are non-occupants, employees, related parties, or country club acqaintances of the corporate/public new house builder.
Ask your builder how many of their valued 'customers' they've required to sign a Non-Disclosure Agreement as a requirement for the new house buyer to receive a warranty settlement as a condition for having work done that should have been covered under any reasonable warranty by the benevolent, fair minded, our interests are your interests, new house builder?
Do not let your warm, tingly, feelings about your future new house, cloud your judgement. Don't fall in love with something that can't love you back. Until you are a satisfied homeowner, your house is nothing more than assembled building materials with a hefty mortgage, with the potential to become more of a nightmare than a dream.
Also, ask the builder's representative how many times houseowners have had to file a lawsuit against them in an attempt to get warranty issues resolved. Be willing to wait for an answer. Then verify the answer you receive independently.
Also, ask for a copy of the Limited Warranty Agreement including all Exhibits and read them. Mainly, get the warranty documents. Do this before any money changes hands. This will show you the position you will be in when problems arise.
Ensure that your new house builder pays THEIR SHARE of YOUR first year's realestate property taxes.
Ask your builder if they are aware if any of their former customers have had to commit some type of fraud in the completion of a Residential Property Disclosure Statement, or to otherwise have to pay for remediation of a house problem that was legitimately the responsibility of the new house builder, and as a result of the new house builder's overt, covert, or subtle act of ignoring a valid new house warranty claim?
Ask the builder if they have a 'Standards of Construction' document. Some builders may now call this document, Performance Quality Standards. Some builders may call this document by another name, but its contents will be the same. Obtain this and read it. Pay particular attention to the term, 'standards of the industry' (the lower the 'standard of the industry', the easier it is to meet the standard; which allows for the acceptability of shoddy construction under the protective excuse of the 'industry standard'). This will give you an indication of the quality of your new house deemed to be acceptable by the corporate/public new house builder. Do not assume that your new house will be of the same quality as the builder's models. Some people may view this as being similar to 'bait & switch' practices within the retail industry.
An independent, pre-closing house inspection will not protect your interests regarding leaking windows (wind-driven rain is not considered to be a 'defect' according to the NAHB 'book' of construction defects[try proving what is, and what is not, wind-driven rain when your house has leaks]), a leaky roof, a faulty foundation, settling/heaving/shifting concrete flatwork, or other long term consequences of shoddy construction and other cost cutting measures.
Ask YOUR ATTORNEY to modify/delete the arbitration clause. If the builder is not willing to do this go elsewhere, or require that monies be escrowed to protect your interests. NOTHING in the documents you sign is designed to protect YOUR interests aside from the transfer of title. Fannie Mae and Freddie Mac will no longer purchase mortgages when the sale contract contains an arbitration clause. This should speak volumes about the risks involved in the purchase of a new house.
ENSURE THAT YOUR ATTORNEY, IF YOU HAVE REPRESENTATION REGARDING ANY ASPECT OF YOUR NEW HOUSE, IS NOT A SHILL FOR THE NEW HOUSE BUILDER. Ask the attorney if he has represented, or is currently representing, other clients in actions against the builder? Has he ever filed a lawsuit against the builder? Has he ever participated in an arbitration with the builder? Has he ever refused an arbitration with the builder? Has he ever offered his representation to the client pro bono (no charge), if his client agreed to accept the terms of the corporate/public new house builder's settlement offer (the reason being because the attorney "liked" the client)? Has he dropped a case because his client determined that the repairs required were beyond the realm of "cosmetic" as touted and advocated by the new house builder and stated a "full schedule" as the reason for dropping the client's case? Has he ever not collected on a final invoice for legal services rendered because of his CLIENT'S REFUSAL to pay (this may be an indication of the client's satisfaction with the legal services provided or the magnanimity of the attorney)? And, what were the circumstances and results of any of these actions and proceedings? Do not assume that your attorney or the builder will behave in an honorable manner. For further insight see kbhomesucks.com, Online Discussion, User Forum, page 6/7 Choosing An Attorney.
Review your closing documents for restrictions which may prevent you from publicly expressing your pleasure or displeasure with your new house purchase. For example: yard signs, petitions, picketing, Internet posting, letters to the editor, etc.; anything which may be an attempt to confine your experience and opinion to your household.
Do not assume that you are dealing with honorable people. Get an independent, second opinion regarding ANYTHING of substance related to your new house; however, at this point it may be too late. YOUR interests are YOUR interests, only.
Do not let the largest purchase of your family's life become a financial and emotional nightmare. How much are you willing to risk? Financial security in your retirement? Your kids' college education?
I wish you well. |
Mindy Brooks
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posted 9 October 2005 15:17 CET
Hi, I am a Pioneer Homeowner who has been dealing with not only construction defects but corporation run around. I am looking for all MHI homeonwers to include, Pioneer, Plantation and Conventry Homeowners to join me in a meeting about resolving problems and coming to together to speak up. If you are interested in having your voice heard please contact me at mrbemail1098-mail@yahoo.com. Please help me by showing support and coming to a meeting. I look forward to seeing a resolution.
Sincerely,
Mindy Brooks |
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