HomeLatest NewsFeatured HomebuildersHome Buyer ResourcesBinding ArbitrationResource LinksSubmit ComplaintsView ComplaintsTake Action 101!Report Mortgage FraudMortgage Fraud NewsForeclosure NewsConstruction DefectsHome DefectsPhoto GalleryFoundation ProblemsHomeowner Website LinksHOA Reform
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
News
Latest News
HOBB News
Editorials
New Jersey
New Jersey & Texas
Write Letters to the Editors
TRCC in the News
Texas TRCC Scandal
Survey
Fair Use Notice
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 2 guests online
ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration
Colonel Hirata and wife hold builder accountable
Thursday, 12 October 2006

Builder settles dispute with S.A. homeowners
The Sitterle Corp. and homeowners Jay and Joy Hirata had been at odds for two years over the Hirata's home in Emerald Forest, an upscale gated community on the North Side, where homes range from the $300,000s to the $400,000s...In August, Jay Hirata posted complaints about Sitterle on the discussion board of a San Antonio-based consumer advocacy group's Web site, Home Owners for Better Building. Sitterle fired back with a libel lawsuit. Although not unheard of, lawsuits by builders against their clients are unusual... The Hiratas' suit against Sitterle went to trial in late September and was in the closing argument phase when the settlement was reached. See posted complaint.  Related articles: Express News Report..Sitterle Homes makes the List of Bizarre legal cases. Press Release: Closing arguments... 
See exclusive photos of Hirata house and courtroom.

Express-News
Builder settles dispute with S.A. homeowners
10/11/2006
Jennifer Hiller
Express-News Business Writer


An unusually public legal dispute between a high-end San Antonio builder and two of its clients, an Army colonel and his wife, ended Wednesday afternoon when the two sides reached a private settlement.

The Sitterle Corp. and homeowners Jay and Joy Hirata had been at odds for two years over the Hirata's home in Emerald Forest, an upscale gated community on the North Side, where homes range from the $300,000s to the $400,000s.

The Hiratassued the builder over problems with a leaky basement in their hillside home.

In August, Jay Hirata posted complaints about Sitterle on the discussion board of a San Antonio-based consumer advocacy group's Web site, Home Owners for Better Building. Sitterle fired back with a libel lawsuit.

Although not unheard of, lawsuits by builders against their clients are unusual.

Wednesday's agreement resolves all disputes between the homeowners and the builder, including the libel lawsuit, attorneys for both sides said.

Daniel Kustoff, the Hiratas' attorney, and the builder's attorney, William Oliver, said they expect to release a statement in the next day or two, but that the settlement terms would remain confidential.

The Hiratas' suit against Sitterle went to trial in late September and was in the closing argument phase when the settlement was reached.

The couple bought their house, a former model home, in June 2004 and soon noticed that water was leaking into the basement after it rained.

Among the fixes, Sitterle applied to the basement walls a product called Line-X, which is commonly used as a spray-on truck-bed liner. The Hiratas said the leaking continued and complained that Line-X was not an approved product for home construction.

The couple filed a complaint with the Texas Residential Construction Commission, a state agency that oversees the home building industry. The commission's independent inspector and its appellate panel sided with the Hiratas.

During the legal wrangling, Jay Hirata was stationed in Spain. His wife had to stay in San Antonio overseeing the house, which could not be sold until the dispute was settled.

Originally, the Hiratas wanted Sitterle to buy back their home and compensate them for time apart and the expense of maintaining two households.

The case is believed to be the first to go to court following the state Legislature's creation of the Texas Residential Construction Commission in 2003, Kustoff said.

The settlement came none too soon for the Hiratas. Jay Hirata had to take military leave to return from Spain to deal with the lawsuits — something he says has been an enormous burden for the couple.

Joy Hirata said she plans to join her husband in Spain soon.
http://www.mysanantonio.com/news/metro/stories/MYSA101206.01E.SitterleSettles
_1012.2892c0f.html

 
< Prev   Next >
Search HOBB.org

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

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

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

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

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

Builders Looking for Federal Handouts

Build it right the first time
An interview with Janet Ahmad

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

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 

REWARD
MOST WANTED

ARIZONA REGISTRAR OF CONTRACTORS
Have you seen any of these individuals

 Feature: Mother Jones Magazine
Are you Next?
People Magazine - Jordan Fogal fights back
Because of construction defects Jordanís Tremont Home is uninhabitable
http://www.tremonthomehorrors.com/
You could be the next victim
Interview with Award Winning Author Jordan Fogal

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

© 2019 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.