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
HOBB Archives
About HOBB
Contact Us
Fair Use Notice
Legislative Work
Your House
Home Buyer Resources
New Home Buyers Guide
Message to Homebuilders
Home Warranties
Links
HUD's Broken System
Homeowners Websites
Defective Products
Success Stories
Monday Morning Mold
Foreclosure Info
Contracts & Arbitration
Home Warranty FAQ
Inspections
Developers Clear Cut
Home Lemon Law - Archived News
JD Powers Results
TRCC in the News
Home Owner Complaints
Builder Complaints
Home Builder Complaints
Complaints
Register Your Builder Complaint
New Home Complaints
Blackstone Vs. Pulte
Pulte Nightmare Home
Pultegeist Nightmare
PulteNightmareHome
Inspections What Inspections?
New Home Inspections
KB Home Class Action

 HOBB News Alerts
and Updates

Click Here to Subscribe

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

 

Outrageous! Buy a New Home - Don’t Sue and Shut Up
Homebuilders will stop at nothing – Now Buyers must agree not to Speak
Beware of New Builder Clause – Homebuilder requires that homebuyer sign clauses forcing buyers to give up their constitutional rights.  It’s a decision between constitutional rights and the American Dream. 

SEE: KB Warranty Conditions - Sign A Shut Up Agreement or No Repairs
PLUS: It's Your Choice, Homebuilder Contracts - Hold Harmless  

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation 
TEXAS REGULATES HOMEBUYERS!
NEW HOMEBUYER LEGISLATION MAY BE COMING TO YOUR STATE SOON
!
How Texas Home Building Industry shaped the Texas Residential Construction
Commission (TRCC) and regulates new homebuyers

Texas Consumer recovery limited to less than damages
Wednesday, 16 November 2005
Mold suit ends in failure
The rules in Texas prevent the type of settlement reached in California from happening here. The Dentlers at the most would have been entitled to $250,000 in pain and suffering costs and actual costs. Their last petition was actually for $750,000, which included $110,000 for contents, $240,000 to rebuild the house, $70,000 to replace losses from paying two mortgages at once because the family moved due to mold damage and $330,000 for attorney fees. Insurance companies eventually paid $70,000 for damages, which was a quarter of what was requested, and $7,000 of that went to a public adjuster, Peggy Dentler said.

The Courier
Mold suit ends in failure

By: Burton Speakman, Courier staff
11/13/2005

Peggy Dentler and her husband Ronald moved into a home in Oak Ridge North at 26922 Maplewood in 1998 that previously had flood damage.
After living in the home four months, it flooded. When filing their insurance claim, they discovered the home had flooded several times previously, Peggy Dentler said. The couple sued the previous owner for not disclosing the history.
During depositions, a lawyer asked them about health problems.
The family had made 43 visits to the doctor within an 18-month period while living in the home. The health problems primarily stemmed from upper respiratory issues, bronchitis, strange rashes, nosebleeds, shingles, ear infections and scarlet fever.
During the time after flooding, Peggy Dentler was pregnant with triplets and lost two of the fetuses. They also had a family pet die with a "softball-sized" tumor removed during an autopsy from the 8-pound, 9-ounce puppy, she said.
The tumor tested positive for Aspergillus Penicillium, the same form of mold that was found in the home.
Medical records could not determine what killed the two fetuses, Peggy Dentler said.
"But I feel in my heart the mold killed them, and that's when we got out of the house because I was worried about losing Hope (the remaining triplet)."
At that time, Peggy was seeing specialists in Houston several times a week, she said.
The California family claimed toxic mold in their home caused brain damage in their baby and sued the lumber company and 16 other defendants.
They claimed their son became sick because of mold on framing studs that had been improperly stored by the lumber company, which agreed to pay $13 million of the settlement that was reached Oct. 19. The studs were used in the custom-built Manhattan Beach home the family lived in for about two years beginning in 1999.
Kellen, now 5, functions as a 1 1/2-year-old and needs 24-hour care.
Raymond P. Boucher, president of the Consumer Attorneys Association of Los Angeles, said the Oct. 19 settlement was the largest in the country for a mold case involving a single-family home. None the defendants admitted liability.
The majority of the settlement in the California case was designed to cover expenses of the son, who doctors said suffered brain damage from exposure to mold.
In the Dentlers' case, Judge Kathleen Hamilton, of the 359th state District Court, ruled the family could not mention that flooding had caused mold in the house and their medical records were not admissible during the trial.
"We could not mention insurance," Ronald Dentler said. "The trial was limited to talking about one flood event; we couldn't even mention mold.
"She (Hamilton) took away so much of our case, we couldn't win."
The case was appealed once in the Fourth Circuit Court of Appeals after being bumped from the Ninth Circuit Court, which had too many cases at the time. The Dentlers prevailed based on an affidavit in which the seller said they didn't word their own home disclosure, Ronald Dentler said.
"Hamilton ruled that document was inadmissible," he said.
The rules in Texas prevent the type of settlement reached in California from happening here. The Dentlers at the most would have been entitled to $250,000 in pain and suffering costs and actual costs. Their last petition was actually for $750,000, which included $110,000 for contents, $240,000 to rebuild the house, $70,000 to replace losses from paying two mortgages at once because the family moved due to mold damage and $330,000 for attorney fees.
Insurance companies eventually paid $70,000 for damages, which was a quarter of what was requested, and $7,000 of that went to a public adjuster, Peggy Dentler said.
The medical community is divided over the potential health damage that can be caused by mold.
The Centers for Disease Control doesn't utilize the term toxic mold in documents and only officially states that some molds can be toxic to some people.
"These case reports are rare, and a casual link between the presence of toxic mold and these conditions has not been proven," according to the CDC Web site.
Divergent medical opinions don't provide solace to the Dentlers, who are convinced 4-year-old Hope has been affected by her exposure to mold.
"She's had several allergies since she was born," Peggy Dentler said.
"She's allergic to everything. She has to take two pills a day just to have allergic reaction," Ronald Dentler said. "No one else in my family is like that."
The Dentlers' attorney is still considering another appeal in the Ninth Circuit court, Ronald Dentler said. "But we've run out of money."
Reports from ABC News contributed to this story.
Burton Speakman can be reached at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

http://www.zwire.com/site/news.cfm?newsid=15572441&BRD=1574&PAG=461&dept_id=532215&rfi=6

 
< Prev   Next >

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

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

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 

Build it right the first time
An interview with Janet Ahmad

 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

Homebuilding Texas Style
And the walls came
tumblin' down

Discovery Home Channel
Holmes on Homes

Pulte Homeowner Survey
Warranty & Mortgage Experience
 Click to participate

Warranty?  What 25-Year-Warranty?
Warranty Scams that fool the public 25 years, 50, 100 or even a “Lifetime Warranty,” what’s the difference?

PROFITABLE DEFECTIVE PRODUCTS
 
Read More...

top of page

© 2018 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.