HomeLatest NewsFeatured HomebuildersHome Buyer ResourcesBinding ArbitrationResource LinksSubmit ComplaintsView ComplaintsTake Action 101!Report Mortgage FraudMortgage Fraud NewsForeclosure NewsConstruction DefectsHome DefectsPhoto GalleryFoundation ProblemsHomeowner Website LinksHOA Reform

HUD FEATURE
1981 - 2015 HUD's
Legacy of Scandals

HOBB-Over 1M visits monthly
Daily Visitors Over 37,000
 Highest Daily 70,723

Main Menu
Home
Latest News
Featured Homebuilders
Home Buyer Resources
Binding Arbitration
Resource Links
Submit Complaints
View Complaints
Take Action 101!
Report Mortgage Fraud
Mortgage Fraud News
Foreclosure News
Construction Defects
Home Defects
Photo Gallery
Foundation Problems
Homeowner Website Links
HOA Reform
Featured Topics
Builder Death Spiral
Report Mortgage Fraud
Foreclosure Special Report
Mold & New Home Guide
Special News Reports
Centex & Habitability
How Fast Can They Build Them?
TRCC Editorial
Texas TRCC Scandal
Texas Watch - Tell Lawmakers
TRCC Recommendations
Sandra Bullock
People's Lawyer
Prevent Nightmare Homes
Choice Homes
Smart Money
Weekly Update Message
HOBB Archives
About HOBB
Contact Us
Fair Use Notice
Legislative Work
Your House

 HOBB News Alerts
and Updates

Click Here to Subscribe

Support HOBB - Become a Sustaining Member
Who's Online
We have 1 guest online
ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

Property Rights Denied!
Protecting HOA Members' Rights is NOT The #1 Priority
of Managed Communities
The High Price of Managed Living, Books and Records Hidden
gives appearances of impropriety
Editorial Feature: Part One - Are Homeowners' Rights a Myth? 

Part Two: HOA Bureaucrats Overstep Their Authority

Follow-up to Special Report - BUILDER INJUSTICE IN JACKSONVILLE
Monday, 28 September 2015

Homeowner loses $1.16 million fight against homebuilder
The 1st District Court of Appeals in Tallahassee reversed a lower court judge who had awarded the homeowner $1.16 million, plus attorneys' fees. The opinion, issued in late May, leaves homeowner Carol Ecos with a house in shambles – and no money to fix it... The result is that Ecos is living in a house with failing stucco on the outside, walls that her lawyer compares to Swiss cheese, and structural defects that could compromise the roof in as little as a 66.8 mile per hour wind... says Ecos. "We need to do something about the laws, and hold someone accountable.

Homeowner loses $1.16 million fight against homebuilder

Anne Schindler, First Coast News

JACKSONVILLE, Fla. — For the past several weeks, First Coast News has been reporting on allegations of widespread structural defects claims in the Bartram Springs community in south Jacksonville.

Now, the only homeowner permitted to bring those claims into open court – instead of secret arbitration proceedings – has suffered a resounding defeat.

The 1st District Court of Appeals in Tallahassee reversed a lower court judge who had awarded the homeowner $1.16 million, plus attorneys' fees. The opinion, issued in late May, leaves homeowner Carol Ecos with a house in shambles – and no money to fix it.

The company that built the home and hundreds of others in Bartram Springs, previously admitted construction negligence in her case, and paid Ecos $200,000 to repair it. But much of that went to pay legal fees in a battle that has lasted nearly 10 years. And much of the structural testing needed as evidence in court could not be repaired until the case's conclusion.

The result is that Ecos is living in a house with failing stucco on the outside, walls that her lawyer compares to Swiss cheese, and structural defects that could compromise the roof in as little as a 66.8 mile per hour wind.

The DCA ruling is based on parsing the statute that deals with unlicensed contracting. The lower court judge determined that since Taylor Morrison admitted it built the home without the knowledge or permission of the person whose name appears on the building permit – and by definition that person didn't "direct, manage supervise and control" construction, as defined in the statute – the company was operating as an unlicensed contractor.

Taylor Morrison appealed that decision. At an April hearing, the three-judge appeals court panel was critical of Taylor Morrison. Noting the company obtained the building permit without the former employee's "knowledge or permission," one judge chided the company's attorney, "You don't have a very sympathetic client here."

But the judges ultimately decided that even though the company "may have violated the law," those violations were "irrelevant" to the claim that Taylor Morrison acted as an unlicensed contractor. The judges determined that the company merely needed to have a contractor or qualifying agent employed at the time the contract was signed – it did – and reversed the $1.16 million compensatory damage award from the lower court.

Carol Ecos was never under any illusion about the difficult legal challenge she faced. "When it first started, people that I knew in real estate business said don't do, because it you're never gonna win. They've got more money, they've got more lawyers."

Ecos says she feels "lied to, defrauded" by the experience. But her bigger concern is that the appeal court decision essentially codifies what the company claimed in testimony – that it's not necessary for the person who pulls and signs a home building permit to actually supervise construction. In fact, the company testified, a contractor can be blind – even live overseas – and still supervise a project.

"It's not so much they're screwing me personally over, but if they are building all these houses, or all houses in Florida and things are just not being done appropriately, something's gotta be done," says Ecos. "We need to do something about the laws, and hold someone accountable."

At least 122 homeowners in the Bartram Springs neighborhood are still fighting to recover costs for what they call widespread structural defects. Those cases are currently in secret arbitration proceedings.

http://www.firstcoastnews.com/story/news/local/consumer/on-your-side/2015/05/12/new-home-nightmares/27204459/



 
Next >

 Texas, First Home Lemon Law Debated in the Nation
Homebuyers Need a Home Lemon Law

Search HOBB.org

 Beware of HOA Payment Plan! 

HOA Foreclosures Big Business 
ON THE COMMONS with Shu Bartholomew
Dr. Evan McKenzie HOA Governments

Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
Economic Armageddon


Amazon
Barnes & Noble

 Feature
Rise and Fall of Predatory Lending and Housing

NY Times: Building Flawed American Dreams 
Read CATO Institute: 
HUD Scandals

Listen to NPR:
Reckless Endangerman
by
Gretchen Morgenson : How 'Reckless' Greed Contributed
to Financial Crisis - Fannie Mae

ATTENTION TAXPAYERS:
 
Pulte-Centex $900 Million Grant
Bad Guys at Countrywide Profit on Mortgage Toxins

NPR Special Report
Part I Listen Now
Perry Home - No Warranty 
Part II Listen Now
Texas Favors Builders

Washington Post
The housing bubble, in four chapters
BusinessWeek Special Reports
Bonfire of the Builders
Homebuilders helped fuel the housing crisis
Housing: That Sinking Feeling

Arbitration Fairness Now!
Sen Feingold, Rep Johnson
Introduce Consumer Justice
 
Senate Passes Franken
Binding Arbitration Amendment
  
   
Public Citizen Report 
Home Court Advantage
 

 (See photos) & Latest News

Judiciary & Civil Jurisprudence
 Arbitration Hearing,
Video of Homeowners
Testimony Advance to 1:55

Arbitration Bill Passes Senate
Four years to fight to get in court is not a day in Court, Jamie Leigh Jones 

 


Legislative
Watch
TEXAS ABOLISHES BUILDERS
PROTECTION AGENCY TRCC
 


Texas Regulates Homebuyers
 
Texas Comptroller Condemns TRCC Builder Protection Agency
TRCC is the punishment phase of homeownership in Texas

HOBB Update Messages

Consumer Affairs Builder Complaints

 TRCC Implosion
 TRCC Shut Down
 Sunset Report

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation
Knowledge and Financial Responsibility are still Optional for Texas Home Builders

OUTSTANDING FOX4 REPORT
TRCC from Bad to Worse
Case of the Crooked House

Perry's Gifts Keep on Talking
Sun Never Sets On Politicians Taking Homebuilder Money

TRCC AN ARRESTING EXPERIENCE
The Pat and Bob Egert Building & TRCC Experience 

Homebuilder's Right-To-Repair Illusion

Builders Looking for Federal Handouts

How Texas Home Building Industry shaped the TRCC to regulate buyers 

SpotLight
LiveTalk Internet

Build it right the first time
An interview with Janet Ahmad

HUD's Broken System
From HUD's Deregulation to Disgrace
Did HUD Secretary Cisneros
 Mastermind Predatory Lending?

Take Action
Ban Binding Mandatory Arbitration

Send a message urging your Congressman to support all legislation banning this unfair practice

Voting Texas Style
What Lawmaker is Voting for you?

Most Read

 Give Me Back My Rights Campaign
Model State Arbitration Legislation
Fair Homebuyer Contract Model

Bad Binding Arbitration Experience?
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or call 1-210-402-6800

NCPIRG
Homebuyers' Bill of Rights
Tips for a Better Built Home and to Protect Your Investment

Drum Major Institute
for Public Policy

Tort Deform
Report Your Arbitration Experience

Homebuilding Texas Style
And the walls came
tumblin' down

 Texas Homebuilder
Bob Perry Political Contributions

  The Agency Bob Perry Built
 TRCC Connection News
Tort Reform

NPR Interview - Perry's
Political influence movement.
Click to listen 

Texas Homebuyers
Fight for Rights

TRCC Abolish or Fix
or Pass Home Lemon Law
or
Homebuyers Bill of Rights

POLICYHOLDERS OF AMERICA POLL
82% would not vote back in office any legislator, regardless of party, that is soft on bad homebuilders?

REWARD
MOST WANTED

ARIZONA REGISTRAR OF CONTRACTORS
Have you seen any of these individuals

Pulte Homeowner Survey
Warranty & Mortgage Experience
 Click to participate

Tort Reform Feature
Texas Monthly
 Hurt? Injured? Need a Lawyer? Too Bad!

Special Money Report
Big Money and Shoddy Construction:Texas Home Buyers Left Out in the Cold
Read More
Read Report: Big Money…
Home Builder Money Source of Influence

Letters to the Editor
Write your letters to the Editor

Homeowner Websites

top of page

© 2017 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.