From the kbhomesucks.com web site
KB HOME'S POOR SELFISH OFFER

We sincerely appreciate your willingness to work with KB Home to put the issue related to your home behind all of us. This letter shall serve as our agreement to market your home to a third party and settle all outstanding matters between you and KB Home (this “Agreement”).

The following are the terms by which we have agreed to market your Property.
1. By signing below, you agree and acknowledge that you are not represented by legal counsel.

2. A realtor selected by KB Home will immediately market your Property for sale. The sales price of the Property will be an amount sufficient to pay off your mortgage (which as of May 14, 2002 was $_____). KB Home will keep your mortgage current during this marketing period so that the Property is not foreclosed upon by your lender.

3. You agree to fully aide and cooperate in the marketing of the Property, including but not limited to, signing all listing agreements and disclosures and allowing the realtor and any potential buyers full access to the Property. You will maintain the Property in reasonably good condition for marketing purposes.

4. Except for property taxes, KB Home will pay all commissions and closing costs. You of course will be responsible for paying off your mortgage. Closing will occur at First American Title Company, a wholly owned subsidiary of KB Home, located at 2711 LBJ Freeway, Suite 601 Dallas, Texas 75234. 

5. You also agree and acknowledge that this Agreement shall not be deemed an admission of any liability by KB Home. This agreement is conditioned upon a full and final release of KB Home from any and all claims related to the Property and you will agree that the terms of this Agreement are to remain strictly confidential. Furthermore, you agree not to use any public medium such as the “internet” or any broadcast or print media or source to complain or disparage the building quality or practices of KB Home, and you agree to never picket or protest at any KB Home community or property or participate with or set up any web site regarding KB Home. 

6. You agree to never purchase a new or previously owned KB Home. In the event you are asked any questions regarding KB Home or the Property, you agree that you will respond by stating “We have reached a mutually satisfactory agreement with KB Home and would prefer to keep the details of our settlement private”.

7. This Agreement will serve as a full and unconditional assignment of the kbhomesucks.com website to KB Home and you agree to execute such other legal documents and instruments and take whatever actions are necessary to effectuate the assignment of this website.

8. You fully understand that KB Home is currently in litigation with Janet Ahmad. Prior to KB Home paying your mortgage so that it is current, you agree to provide me with copies of all emails, correspondence or other documentation from Janet Ahmad, Thea Lewis, HOBB and any other member of that organization.

9. You will also agree to provide sworn testimony regarding any conversations or representations that were made to you by Janet Ahmad or any other individual regarding KB Home in any civil proceeding.

In the event of breach of this Agreement, the party seeking recovery of damages may recover any damages at law or equity, including the recovery of reasonable attorney’s fees.

Respectfully,
Gerald P. Wade
Director of Customer Service