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rrj
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« on: November 03, 2008, 04:12:47 pm » |
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This is my reply to a victim's letter who claimed their roof was caving in after two years in their new Ryan Homes home, among other things. I don't know if it's good or bad suggestions, but all I have unfortunately in reply. If I had all the answers for people with problems, I wouldn't have a victims website up where they would know to ask.
(A generally standard reply to other victims)
To(whom it may concern)
If you have any hope of justice with Ryan Homes, I think you have to go after them like a rabid dog at your stage of problems. You’re case number 99,999 to them, and yes they well know how to not deal with defect complaints. I won’t call this advice, since I have obviously failed at any resolution with Ryan Homes. This is suggestions and opinions.
You are out of the builder warranty period and into the pretty much useless extended warranty period, which is governed by forced arbitration. Perhaps more important, you are within the legal statutes of limitations that may allow you to file suit for the construction defects, if you can get around the binding arbitration clause meant to block legal recourse.
Don’t waste a moment of that precious statute of limitations time hoping for results. Consult legal help, which may take a long time, and may not be a solve all solution even at best. You may have to screen out a lot of people to find someone really good that isn’t already conflicted out. Once you get a lawyer, you probably still have to make the case yourself. We messed up there with a lousy lawyer, and we were also sick from the house, so that was a tough road to try.
The last family I know of that got justice from Ryan Homes with their seriously defective house had a lawyer, who in truth did very little, and a website. Ultimately that combination, done within the statutes, did get some sort of resolution which required the removal of all public complaints and non-disclosure of the actual settlement terms in order to get a settlement.
Going public was a last resort to me, and had I to do it over again, I would have done that from day one. I grossly underestimated how unethical “a name you can trust” can actually be, and still legally operate. Their book of excuses is in part is written by the NAHB, a national lobbyist group for home builders in D.C., and is used nation wide by most all big name builders. They well know a percentage of their homes will have serious defects as a volume builder, and they are well organized on how to avoid liabilities.
Suggestion, don’t waste a moment thinking about taking action. I lost years of my life acting too slowly, and time just escapes so quickly for victims. That’s a calculated gamble IMO with Ryan Homes; can they sell some crap houses and keep the buyers chasing their tail long enough to dodge liabilities. I don’t know the technical facts of your issues. If you have water intrusion, you’ll have to stop that immediately to keep the house habitable, regardless of any other settlement option.
You need legal advice, including advice on SLAPP suit protection if you go public, and access to a fax machine to keep Ryan Homes informed that building a new home nightmare is not going to be okay with you. You seemed to have already established they do not care about your home’s problems, but I suspect they do care about selling more homes. In any event, you’ll have to make them care somehow, and that won’t come easy in my experience. I’m willing to help any way possible if I can.
Ron
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