28 replies to this topic

[traceyl]

As a Broadstone resident, I received information from a law firm today regarding a class action suit against Elliott homes for faulty construction. There's a community meeting December 2nd.

[Deb aka Resume Lady]

Are all of the issues with Elliot homes related to drainage, or are there construction defects with the homes themselves, too?

[traceyl]

Are all of the issues with Elliot homes related to drainage, or are there construction defects with the homes themselves, too?

From the letter we got, it's construction defects too... they listed leaking roof/windows, cracks in stucco, discolored floors, etc.

[intelgeek]

What happened to the class action suit.. any updates?

[DrKoz23]

What happened to the class action suit.. any updates?

Don't know... but I'm assuming the lawyers got all the cash and the homeowners got a thank you from the law firm for lining their pockets.

[traceyl]

What happened to the class action suit.. any updates?

Got another letter over the weekend with confirmation.

[tgianco]

Got another letter over the weekend with confirmation.

Dr. Koz would be pretty dead-on with his summation of what the outcome will be. I would first try the builder.

Even though we received letters re: class-action suits against our builder (I think it's mandatory that lawyers throw out a class-action suit in every neighborhood), we called the builder, and they came out and did everything. Maybe the class action suit or threat of it will spark Elliott to honor their warranties, as any reputable builder should.

Good luck with your issues.

[Robert Giacometti]

Dr. Koz would be pretty dead-on with his summation of what the outcome will be. I would first try the builder.

Even though we received letters re: class-action suits against our builder (I think it's mandatory that lawyers throw out a class-action suit in every neighborhood), we called the builder, and they came out and did everything. Maybe the class action suit or threat of it will spark Elliott to honor their warranties, as any reputable builder should.

Good luck with your issues.

Just a quick historical comment....way back when...there was a class action suit against a builder in Lexington Hills over I believe drainage issues. Some homeowners got a huge chunk of money, nearly 60% of their purchase price, pocketed the money and sold the home at a profit and then headed for the hills.

EDF...may remember some of this...how about it?

[ducky]

There were more than drainage issues involved with the Lexington Hills lawsuit. There were allegations of faulty window installation, faulty stucco application, etc. Just your basic construction lawsuit circle with every sub pointing the finger at the other sub who in turn points the finger back at the builder. I thought the settlement was confidential though so I don't know where Robert is getting his figures and insinuations about the homeowners.

I think DrKoz is right on in his take on the situation. Best to contact the builder first and try to resolve it that way. Litigation rarely has any true winners.

[cw68]

Just a quick historical comment....way back when...there was a class action suit against a builder in Lexington Hills over I believe drainage issues. Some homeowners got a huge chunk of money, nearly 60% of their purchase price, pocketed the money and sold the home at a profit and then headed for the hills.

EDF...may remember some of this...how about it?

I know someone who was involved in that suit and they fixed all the stuff and still live there, loving it.

[realtor]

There were more than drainage issues involved with the Lexington Hills lawsuit. There were allegations of faulty window installation, faulty stucco application, etc. Just your basic construction lawsuit circle with every sub pointing the finger at the other sub who in turn points the finger back at the builder.

I thought the settlement was confidential though so I don't know where Robert is getting his figures and insinuations about the homeowners.

I think DrKoz is right on in his take on the situation. Best to contact the builder first and try to resolve it that way. Litigation rarely has any true winners.

The outcome of the class action suit is given as a disclosure on all homes purchased included in the suit. I've read depositions about different suits around the Sac area with different builders. As for the Lexington Hills Sunland homes suit...I remember somone telling me that their father had to have all the sheetrock removed, the framing corrected and re-sheetrocked. It was a lot of work but if you like the neighborhood it's worth the effort. I was told other people bought boats, cars, etc and sold shortly thereafter. All you have to do is disclose to the potential buyer and if they accept the disclosure w/o reading them...what can I say?

[ducky]

The outcome of the class action suit is given as a disclosure on all homes purchased included in the suit. I've read depositions about different suits around the Sac area with different builders. As for the Lexington Hills Sunland homes suit...I remember somone telling me that their father had to have all the sheetrock removed, the framing corrected and re-sheetrocked. It was a lot of work but if you like the neighborhood it's worth the effort. I was told other people bought boats, cars, etc and sold shortly thereafter. All you have to do is disclose to the potential buyer and if they accept the disclosure w/o reading them...what can I say?

Thanks, Realtor. I've always wondered how that works with the disclosure laws. It never made sense to me that you could file bunch of claims against a builder for construction defects, collect money in a lawsuit, fail to fix the defects, and then turn around and sell at a profit without somehow disclosing the defects to the new buyer.

[Robert Giacometti]

There were more than drainage issues involved with the Lexington Hills lawsuit. There were allegations of faulty window installation, faulty stucco application, etc. Just your basic construction lawsuit circle with every sub pointing the finger at the other sub who in turn points the finger back at the builder. I thought the settlement was confidential though so I don't know where Robert is getting his figures and insinuations about the homeowners.

I think DrKoz is right on in his take on the situation. Best to contact the builder first and try to resolve it that way. Litigation rarely has any true winners.

Ducky, I knew some of the homeowners. One in particular, said they didn't want to deal with the problem any more, ( I don't blame them one bit) so as soon as they got the settlement... they put their house up for sale and in their words..headed for the hills.

I wasn't making any editorial comments about what any homeowner choose to do. IMHO, they all the right to do whatever they wanted too...it was their house and they were the ones who had to endure the challenges they faced. I suspect most were just glad to get their issues resolved so they could move on with their lives....in whatever direction they chose.

[Lynda]

From the letter we got, it's construction defects too... they listed leaking roof/windows, cracks in stucco, discolored floors, etc.

Can you tell me the name of the attorney firm that sent the letters? We lived in a broadstone home for 4 years and it had incredible mold. Our landlord does not want to return our security deposit and is blaming us for the mold! It was very bad. Our house was 6 years old.
Any help would be appreciated.