See http://www.hobb.org/index.php?option=com_content&task=view&id=1174&Itemid=197

Many of the cases here are consumers who are victims of SLAPP-suits. These are legal tools (illegal in 24 states but not Texas) used by corporate America to silence less powerful critics. They started in the environmental movement in the 60s-70s and moved in the 80s-90s to the middle class sparking a back-lash in many state legislatures which passed consumer protection through anti-SLAPP legislation. --Texas has tried several times but failed due to the same lobby which pushed through the TRCC...

"Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. "

What have I missed? I do not remember seeing any headlines that said our government has done  away with our First Amendment Rights.
Is America still a country with a democratic government or is it a country where big  business supercedes all else?
I saw on the news recently where a toy set is being recalled because a child choked on a part and died. Who recalls homes that  are built defectively that may cause huge and sometimes grave results. No-One. No one cares what happens when you end up in a defective home except you.
To add insult to injury if you talk up and make it known what has happened to  you may get slapped w/ a suit.
Has anyone heard of others who report defective products getting slapped? I personally have not.
What has happened to our country? What has happened to a work ethic and  caring what you have produced? Doesn't matter as long as you get your money.
Can anyone imagine an active military person getting slapped because of the problems he has had and speaking up.
I can only shake my head and wonder whatever happened to a country that used to be.  Today, as a very wise little boy told me, "It's all about the MONEY"!
 


 

HomeOwners for Better Building
PRESS RELEASE
                                     
Hirata vs Sitterle Homes
Thursday, September 28, 2005
Bexar County Court House

Trial begins in the face of builder’s attempts to deprive US Army Colonel of Constitutional Rights
         
        San Antonio –  The trial of active duty US Army Colonel Jay Hirata and wife, retired Lieutenant Colonel Joy Hirata, a 31-year Army Veteran verses homebuilder Sitterle Homes begins tomorrow.

Last week Colonel Hirata and Joy had planned to speak to the Mayor and City Council members to express their concerns for careless building practices in San Antonio and inadequate city inspections. However, on September 18, 2006 the homebuilder, Sitterle Corporation, unexpectedly filed a defamation suit against Colonel Hirata for filing a public complaint about their defective home. 

After two years of amassing thousands of dollars in legal fees, the Hiratas obtained favorable rulings from the state agency TRCC, the Third Party Inspector (assigned by the TRCC), and the TRCC Appellate Panel regarding multiple construction defects.  Despite the confirmation of the defects in the home, Sitterle failed to make the repairs so the couple filed a lawsuit against Sitterle Homes regarding their 2-year-old home that has water intrusion issues in the basement.

During these difficult times, the couple has been apart 15 months due to the on-going litigations and inability to sell their home.  Colonel Hirata was transferred to a NATO assignment in Spain while his wife was forced to remain behind and handle the demanding legal matters.   

Recently, Colonel Hirata expressed his frustrations publicly regarding their ordeal and of dealing with the much-criticized TRCC system, and its inability to force the Sitterle Corporation to remedy the construction defects with their home as outlined by the TRCC.

The couple wrote local, state, and congressional leaders, local military installations within San Antonio and consumer organizations, and posted a complaint on the HOBB.org website expressing frustration over the inability to hold Sitterle accountable.

In this unprecedented move, Sitterle’s has filing a suit to oppress the free speech of a US Army Colonel who continues to serve his country, which creates a scandal that even the building industry must find outrageous. 

According to the Colonel in a written statement, this experience with the TRCC and the Sitterle Corporation has been more stressful than his combat tours in Iraq (Operation Iraqi Freedom) and Pakistan (Operation Enduring Freedom) combined.
 
This family has endured an unnecessary separation, financial hardship and stress which was preventable.  They should be enjoying their lives together, but instead have suffered through the TRCC process and litigation, and now face another war on the home front, to defend the right of free speech in what is seen as a frivolous lawsuit designed to intimidate.

Janet Ahmad, National President
   

It’s my opinion that the builder, Sitterle Homes has shot themselves in the feet.

You see, the press was all over this story and the court room was filed with cameras when the trial began last Thursday.  I dare say this case would have gone unnoticed but for the unwise decision by Sitterle Homes to so shamelessly try to intimidate an active duty Colonel with a frivolous lawsuit.

Have builders gone mad with their sense of power? What it comes down to is a very public display of arrogance by Sitterle attempting to suppress free speech of a unhappy customer that would have otherwise gone unnoticed.

Not a wise decision, but one that will definately send a message to other builders - that it is wise to assure that homeowners are happy customers.

We just got slapped!...and are continuing to exercise our freedom of speech until ordered to do otherwise. We don't hand over our American civil rights that easily.

We do not understand why builders would feel it to be more important to sue their customers and try to take away their constitutional rights rather than to do the right thing.

Before buying a home in the State of Texas, we had no idea we would have be expected to forfeit our freedom of speech should something go wrong. Are you sure this is the USA    

www.choicehomescomplaint.com

Watch our website and see if it disappears!   

Sherry, builders will deny fault til the cows come home rather than let it be known to who knows how many other customers that their house might have the same mistakes.  SLAPP suits are an act of desperation.

Hooch, I don't begrudge anyone the ability to take a settlement and put an end to the agony.  Besides, even if they had gone to trial, won and even collected, the case might not set any new precedent.   Lawyers could not draw on the Hiratas case as case law, unless it was a reported case, and most of the time they are not reported unless they are appealed and some legal question has been answered that wasn't adequately answered before.  The only thing new about this case, probably, was the TRCC.  There will be more cases about that, to be sure.  In the meantime IMO we can't expect families to sacrifice themselves for the possibility of setting a precedent.  Very few of us can afford to do that.  I hope they got a good settlement. 

In my case settling meant recovering most of my damages which is all i ever asked for.  To go to court would be to MAYBE win the same amount and have to hand over a big chunk of it to a lawyer.  No thanks.

IN MY OPINION, WHICH IS BASED ON MY EXPERIENCE, THERE IS NOT A LEGAL PRODUCT AVAILABLE IN THE MARKETPLACE TODAY WHICH CARRIES THE DEGREE OF POTENTIAL FINANCIAL AND EMOTIONAL RISK FOR THE PURCHASER AS DOES THAT OF A NEW HOUSE.

Your control is now, not later.

Many web site references have been trucated by unknown systems/parties making their access difficult.  A little persisitence, ingenuity, and creativity in a search engine should help with access.

Visit Homeowners Against Deficient Dwellings, HADD.com, HOBB.org, Homeowners For Better Building, WESH.com, Building Houses: Building Problems, Consumer Reports' research study: Housewrecked--link available at the HADD web site, 10 Things Your House Builder Won't Tell You, www.smartmoney.com/consumer/index.cfm?st... an00, 10 Things Your Attorney Won't Tell You, www.smartmoney.com/consumer/index.cfm?st... ctober03, How To Prevent A New House Nightmare, www.lakesidepress.com/dreams/section4.ht... Shoddy Building in the Housing Boom? Business Week April 25, 2003, www.businessweek.com/bwdaily/dnflash/apr... _1874_db035.htm, Exposing New Home Builders, exposingnewhomebuilders.typepad.com/newhomebuildersnews blog/,
(some builder specific web sites have been effectively eliminated), ourrylandhomes.com(use google.com for this one: our ryland homes), paltryhomes.com, jdpowers.com, kbhomesucks.com, kbhomestink.org, The Pulte Home Experience, www.trendzweb.com/pulte/.,or,...... http://home.att.net/~pulte/,............... paylessbills.com/richmond_american.htm, drhortonlemonhome.com, drhortonsux.com, mybadhouse.com/pages/1/index.htm, Home sweet crooked house, money.cnn.com/2004/06/09/real_estate/buying_selling/hom edefects/index.htm, bankrate.com/brm/news/real-estate/20040812a1.asp, Monday, June 21
New-home warranties not what they are cracked up to be bankrate.com/brm/news/real-estate/BuyerGuide2004/fthb-b log-archive.asp, webgripesites.com, mymccrearyhomesucks.com/, w3.ripoffreport.com/reports/ripoff76506.htm, Home-building report/broken system, www.app.com/apps/pbcs.dll/article?AID=/2... /504200384/1030, www.screwedcentral.com/ubb/Forum1/HTML/0... http://keepernsol.com/RyanHomes/Ryan_pag... www.constructiondefects.com,...... NPR.org, All Things Considered, 7/8/04, Your Money, "Confusion, Ire Over Lemon Housing Law", Building with Richmond Homes, http://www.orion77.com/,http......://satanscit... hive.html, Saturday December 17, 2005, June 21st entry, "Home Builder Reviews" http://globaleconomicanalysis.blogspot.c... choicehomescomplaint.com, myrottlundhome.com, missouricitychatter.blogspot.com,
and ANY search engine (new house construction, lawsuits, defects, complaints, etc.), to examine the 'ISOLATED','ANECDOTAL' nature of this issue, to separate 'FACT' from 'INNUENDO', and to gain insight into the business practices of the corporate/public new house building industry, determine and evaluate the 'weasel' factor, and to protect your financial and emotional interests. Reading the court cases available on-line is a good idea, too.

Your due diligence is only effective BEFORE the fact.
I wish you well.
Read more: To access the following, copy and paste the quote below into a Google search.

www.philly.com/mld/inquirer/news/local/7...

"Hovnanian's letter to the homeowners claims that 'when there is a problem, we make things right,' " Spatz said. "After several years and a long legal battle, I am still waiting for that to happen."

Believe what you want. Protect your interests before the fact. Do not make the mistake that I did. Justice delayed, justice denied?

"Freedom, democracy, rule of law, these are the safeguards for coping with human nature",Clifford May, president of the Foundation for the Defense of Democracies.

Update of the update (or how can JDC screw up the settlement agreement more?):

This is being posted as an educational piece to consumers on how not to ever trust a corporation (or their attorneys). Thus far JDC has not honored a single term of the settlement agreement and they continue to "harass us" evenat this stage of post-settlement. We have had to spend thousands to just get them to agree to honor several of the main points in the agreement, which they haven't yet. Yesterday was like an old cop tv show whereby the police surround the house with guns drawn to drive us out, but in this story they were a slew of real-estate cronies and corporate executives converging on our home for an unauthorized "inspection". Luckily our attorneys called just a few minutes prior and warned us. As I drove up to this "company show of force" (which violates the agreement as far as I'm concerned) I rolled the window down to ask them what they thought they were doing. One of the realtors responded that "she's leaving, she's leaving" in a nervous voice. She just happended to be one of the realtors they used in their SLAPP-suit against us.

It's just hard to believe sometimes we really live in America with such vulchers circling over our homes (BTW, one of the officials present was the Sienna Plantation developer board member and Johnson Development PR Director). I guess they can't wait to waive the flag over our property where our daughter learned to walk and talk and son still rides his trike and smiles with his big dimples (if you saw them you'd just luv 'em, they have no fear of these people).

Defend Your Homes/families Now!!!



*****
Chris Calvin, Ph.D.
Co-chair Committee for Responsible Development
AHRC National Homeowners Advocacy Group Board Member
And average citizen/voter/taxpayer/homeowner/SLAPP-suit victim
Sienna Plantation
Missouri City, TX