• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Providing documents in case against builder

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

Amelia

Guest
We have had problems with the "punch out" items being completed on our newly constructed home in Ohio which we closed on in July. In addition, we feel several misrepresentations were made to us prior to our signing our Purchase Contract that we learned were in fact misrepresentations after we signed the contract. A neighbor of ours has had similar problems and has hired legal counsel to evaluate whether or not the neighbor can and/or should resolve his differences with the builder in court. The lawyer is looking to establish a pattern. I spoke to him on the phone and explained in detail our experience. He asked if I could send him documents like the Declaration of Convenants Conditions and Restrictions and Reservation of Easments for our subdivision (which was provided to us by buildiner, lawyer believes his client did not receive one), sales materials (brochures, hand-outs, etc) given to us by builder, our Contract to Purchase, my correspondence with the builder (which was sent by certified mail) and my written notes regarding my correspondence with builder. Should I do this? I want to support my neighbor and know from my experience with builder, that the neighbor probably has a case. However, I want to know if there would be any consequences from my providing these documents to our neighbor's attorney. At this time, we are not ineterested in pursuing legal action ($ reasons). Advice?

[This message has been edited by Amelia (edited October 27, 2000).]

[This message has been edited by Amelia (edited October 27, 2000).]
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Amelia:
We have had problems with the "punch out" items being completed on our newly constructed home in Ohio which we closed on in July. In addition, we feel several misrepresentations were made to us prior to our signing our Purchase Contract that we learned were in fact misrepresentations after we signed the contract. A neighbor of ours has had similar problems and has hired legal counsel to evaluate whether or not the neighbor can and/or should resolve his differences with the builder in court. The lawyer is looking to establish a pattern. I spoke to him on the phone and explained in detail our experience. He asked if I could send him documents like the Declaration of Convenants Conditions and Restrictions and Reservation of Easments for our subdivision (which was provided to us by buildiner, lawyer believes his client did not receive one), sales materials (brochures, hand-outs, etc) given to us by builder, our Contract to Purchase, my correspondence with the builder (which was sent by certified mail) and my written notes regarding my correspondence with builder. Should I do this? I want to support my neighbor and know from my experience with builder, that the neighbor probably has a case. However, I want to know if there would be any consequences from my providing these documents to our neighbor's attorney. Advice?<HR></BLOCKQUOTE>

First talk to this attorney some more to see if he can also represent you on a class action basis. If there were in fact misrepresentations over advertising and/or sales/marketing information ie. brochures, fact sheets etc., you can file a complaint with the Federal Trade Commission.
 
A

Amelia

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
First talk to this attorney some more to see if he can also represent you on a class action basis. If there were in fact misrepresentations over advertising and/or sales/marketing information ie. brochures, fact sheets etc., you can file a complaint with the Federal Trade Commission.<HR></BLOCKQUOTE>
We are not interested in being represented by counsel at this time due to financial constraints, but have told the attorney if he does end up pursuing class action that we would consider it. However, I really want to know if I should provide him with the above-referenced documents and if there would be any legal consequences for doing so?
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Amelia:
Originally posted by HomeGuru:
First talk to this attorney some more to see if he can also represent you on a class action basis. If there were in fact misrepresentations over advertising and/or sales/marketing information ie. brochures, fact sheets etc., you can file a complaint with the Federal Trade Commission.<HR></BLOCKQUOTE>
We are not interested in being represented by counsel at this time due to financial constraints, but have told the attorney if he does end up pursuing class action that we would consider it. However, I really want to know if I should provide him with the above-referenced documents and if there would be any legal consequences for doing so?
My advice would be to provide the docs. There would be no legal consequence to you. If you do not provide the docs, the attorney can still get copies via a subpoena.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top