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Class Action Lawsuite


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#1 petro

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Posted 20 July 2008 - 09:43 AM

Has anyone recieved the newsletter from Milstein, Adelman and Kreger concerning a suite against Elliott homes on construction defects? Has anyone joined in with this firm on the law suite?

Their web page is www.maklawyers.com

#2 87xjmike

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Posted 08 August 2008 - 08:57 AM

QUOTE(petro @ Jul 20 2008, 10:43 AM) View Post
Has anyone recieved the newsletter from Milstein, Adelman and Kreger concerning a suite against Elliott homes on construction defects? Has anyone joined in with this firm on the law suite?

Their web page is www.maklawyers.com



Don't do it, its a scam

#3 petro

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Posted 09 August 2008 - 06:43 AM

how so? are they doing it in every neighborhood? And keeping ll of the benefits themselves?

#4 dimeracer

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Posted 09 August 2008 - 07:38 AM

QUOTE(petro @ Jul 20 2008, 10:43 AM) View Post
Has anyone recieved the newsletter from Milstein, Adelman and Kreger concerning a suite against Elliott homes on construction defects? Has anyone joined in with this firm on the law suite?

Their web page is www.maklawyers.com


I've received so many of these letters and they go right in the trash. Take up your issues with the homebuilder first. Maybe you won't have to sue. My eight year old KB house has a defect in the windows. The window manufacturer is replacing all of them for me free of charge and it did not take threats of suing to get them to take care of it.

#5 asbestoshills

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Posted 09 August 2008 - 10:29 AM

Actually, go ahead and sue if you CAN"T get the builder to fix defects....We have 3 windows that the builder refused to replace and they leaked.....Now we are in a different lawsuit in a different area of Folsom.....It's our only recourse since the builder refused to fix it.....If the builder would have worked with us, we would have never put our name in the lawsuit...Oh well, they will have to pay one way or the other...
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#6 petro

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Posted 12 August 2008 - 11:43 AM

I really don't have major problems. The BIG ones I had a few years ago (I bought my house in 1999) was a hot water leak in the wall behind the heater and Elliott fixed the problem. I have the usual stucco cracks around windows and corners but nothing unusual.

But I have an unusual issue. The ceiling in the bedrooms and living space directly adjacent to the roof eves vents (those mesh screens) have discolered. So you can look up at the ceiling and see a white ceiling and what looks like a square shadow about too feet wide and one foot deep in the area by these vents.

Paint is the answer but I wonder why it happened???

#7 Barb J

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Posted 12 August 2008 - 11:50 AM

Getting in on a class action lawsuit can affect future sales of your home. If you can, try and work out the issues with the builder first - if there is a class action pending they will more than likely go above and beyond to fix the items you are requesting. A few years ago a law firm sent out letters fishing for clients against our builder and thankfully no on in my neighborhood responded. Our builder was quick to send out a response letter and let us know that they were willing and able to fix any problems we had.

Good Luck!
Barb

#8 Terry

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Posted 21 August 2008 - 12:13 PM

QUOTE(Barb J @ Aug 12 2008, 12:50 PM) View Post
Getting in on a class action lawsuit can affect future sales of your home. If you can, try and work out the issues with the builder first - if there is a class action pending they will more than likely go above and beyond to fix the items you are requesting. A few years ago a law firm sent out letters fishing for clients against our builder and thankfully no on in my neighborhood responded. Our builder was quick to send out a response letter and let us know that they were willing and able to fix any problems we had.

Good Luck!
Barb


You have to disclose your participation in a class action suit against the homebuilder if you ever try to sell your home.

Best to stick with the builder and let them do their best for you. They'll appreciate the opportunity to help you without involving lawyers.


#9 Deb aka Resume Lady

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Posted 21 August 2008 - 12:23 PM

Absolutely try to work with your builder first, putting all requests in writing and documenting every response, interaction, and repair or lack thereof. Ask for responses in writing, too. That way if you end up needing to sue you're prepared. Also, sometimes businesses are only motivated to cooperate when requests are in writing because they know you're documenting.

Then there are others who won't cooperate at all and need to be hauled into court. But you try to work with them first.
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#10 gm2005

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Posted 22 August 2008 - 07:50 AM

We are not in Broadstone, but are in second Elliott home. We have had some issues with both of our houses but Elliott has always done everything to fix them. We have never had an issue where they didn't cooperate or refused to fix something.
They even worked on a problem that wasn't a builder issue.

The lawsuit would be my last resort.

#11 cw68

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Posted 18 November 2009 - 10:36 AM

QUOTE (petro @ Aug 12 2008, 11:43 AM) <{POST_SNAPBACK}>
I really don't have major problems. The BIG ones I had a few years ago (I bought my house in 1999) was a hot water leak in the wall behind the heater and Elliott fixed the problem. I have the usual stucco cracks around windows and corners but nothing unusual.

But I have an unusual issue. The ceiling in the bedrooms and living space directly adjacent to the roof eves vents (those mesh screens) have discolered. So you can look up at the ceiling and see a white ceiling and what looks like a square shadow about too feet wide and one foot deep in the area by these vents.

Paint is the answer but I wonder why it happened???

That's most likely a moisture issue and that's not good.

#12 bluelogic

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Posted 08 July 2010 - 08:39 AM

Hey Everyone,

Sorry to bring to life and old thread I also got a letter from MAK. My situation is a little different. I'm actually the buyer of the foreclosure of the property built by Award Homes and I actually moved in. I had several inspections done and the builder never has contacted me nor can I find any information about them. My biggest problems are incorrect install of the patio and some cracks in the stucco. The home was built in 1999. Should I just go with MAK or does anyone have suggestion if I should sue Award Homes directly. I wish I had a way to contact them I just want the two problems corrected.

Thanks
Bluelogic

#13 curiousity

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Posted 08 July 2010 - 11:45 AM

QUOTE (bluelogic @ Jul 8 2010, 09:39 AM) <{POST_SNAPBACK}>
Hey Everyone,

Sorry to bring to life and old thread I also got a letter from MAK. My situation is a little different. I'm actually the buyer of the foreclosure of the property built by Award Homes and I actually moved in. I had several inspections done and the builder never has contacted me nor can I find any information about them. My biggest problems are incorrect install of the patio and some cracks in the stucco. The home was built in 1999. Should I just go with MAK or does anyone have suggestion if I should sue Award Homes directly. I wish I had a way to contact them I just want the two problems corrected.

Thanks
Bluelogic

I don't know about statue of limitations, but it seems to me, if you didn't buy the home from the builder, then they are free and clear, unless you can somehow prove gross negligence.

Anyway, don't know if this is the same company, but it looks like a company known as Awards Homes Inc. maybe re-inventing itself as Vintage-Meadows.

#14 mac_convert

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Posted 08 July 2010 - 11:52 AM

I agree with the other poster. Did you "know" about the issue prior to buying? Is so I don't think you'll get anywhere. As a house ages there will be some cracks. Is this your first home? Perhaps you shouldn't have bought a foreclosure if your a newbie. A lot of people put in patios after the fact too so how do you know the builder put in the patio? Before you signed for the house you should have pursued these "problems" and included the cost to fix them in your offer to buy. Good luck.
QUOTE (bluelogic @ Jul 8 2010, 09:39 AM) <{POST_SNAPBACK}>
Hey Everyone,

Sorry to bring to life and old thread I also got a letter from MAK. My situation is a little different. I'm actually the buyer of the foreclosure of the property built by Award Homes and I actually moved in. I had several inspections done and the builder never has contacted me nor can I find any information about them. My biggest problems are incorrect install of the patio and some cracks in the stucco. The home was built in 1999. Should I just go with MAK or does anyone have suggestion if I should sue Award Homes directly. I wish I had a way to contact them I just want the two problems corrected.

Thanks
Bluelogic



#15 bluelogic

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Posted 08 July 2010 - 03:54 PM

QUOTE (mac_convert @ Jul 8 2010, 12:52 PM) <{POST_SNAPBACK}>
I agree with the other poster. Did you "know" about the issue prior to buying? Is so I don't think you'll get anywhere. As a house ages there will be some cracks. Is this your first home? Perhaps you shouldn't have bought a foreclosure if your a newbie. A lot of people put in patios after the fact too so how do you know the builder put in the patio? Before you signed for the house you should have pursued these "problems" and included the cost to fix them in your offer to buy. Good luck.



I bought the home from Saxon Bank one year ago. I had a termite and home inspection done. At the time MAK was doing a pending lawsuit and they asked if they could do their own inspection while I was closing. I was very happy, cool free inspection from another party before I close. They came up with the same thing. Some cracks in stucco. Patio installed incorrectly. The patio is the same style and layout for the three houses next to me, with the same problem. The bank and I agreed to a $30,000 cut asking price for flooring, patio, and paint. I agreed to pay 50% cash. Now I do want the patio fixed, because it is a trip and drain hazard. MAK thinks they can get me money for it, but to be honest I would rather talk to the builder ask for a new patio and forget the class action, but at the same time the builder would see that I purchased the home for $21,500 less then they charged for it new in 1999.

Bluelogic




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