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Default New Home Owner Suggestion

On Dec 11, 8:03 pm, Bubba wrote:
On Tue, 11 Dec 2007 13:13:52 -0800 (PST), hands on



wrote:
On Dec 11, 7:39 am, Bubba wrote:
On Mon, 10 Dec 2007 19:31:54 -0800 (PST), wrote:
On Dec 10, 6:40 pm, Bubba wrote:
On Mon, 10 Dec 2007 13:52:48 -0800 (PST), wrote:
On Dec 10, 4:27 pm, Bubba wrote:
On Mon, 10 Dec 2007 11:53:25 -0800 (PST), wrote:
On Dec 9, 10:57 pm, "
wrote:
On Dec 9, 10:24 pm, wrote:


On Dec 9, 2:40 am, "
wrote:


On Dec 9, 11:06 am, aemeijers wrote:


Oren wrote:
On Sat, 8 Dec 2007 13:37:20 -0800 (PST), hands on
wrote:


It's been a few days since this discussion began, so you've had some time to
contact a lawyer. What did he/she say about the situation?
recommending class action, neighbors having same issues.


More reason for a lawyer. A Judge will determine if the case is class
action or not.


What does the agent for home owner's insurance say? Unleash their
lawyers.


OP didn't say- one builder or multiple builders? And how many
judgement-proof disposable companies are in the chain of ownership and
financing for the subdivision? And does case law in the area give them
the out of 'well, it passed inspection- sue the county'? Hopefully the
lawyers OP and neighbors hire will research all that before they run up
a big bill and get told the case is not worth pursuing.


None of that is what OP wants to hear, I realize. I have seen
subdivisions like that, built on filled-in wetland, or over sinkholes.
There are several in this town, where the footer or slab level of the
houses is maybe 3 feet higher than the picturesque brook that runs
through the subdivision. A heavy rain, and there is ponding all over
the place. A local developer just did an infill of modular houses
dropped on garbage lots like that in a bottom-land subdivision that
failed at least 40 years ago, judging by the existing houses. Bulldozed
out all the typical bottom-land brush that had sprung up and
hydroseeded, to make it resemble actual lawns, and sold them off to
clueless entry-level buyers. This subdivision is obvious blatant flood
plain, to anyone that looks at a topo map. A wet spring and a bad storm,
and the half-ass river a block away will be running through the
neighborhood.


Some land should not be used for anything but swamp/woods, or maybe
moisture-loving crops. But there is basically no inspection or land-use
planning (other than shopping centers or casinos, of course) in this
township. Having grown up in the business, the red flags jumped out for
me. They would likely have jumped out for anyone that grew up on a farm,
as well. Most folks don't have a chance to gain that knowledge growing
up, and have to learn the hard way. Solid hard ground is scarce around
here- topography is mainly swamps and old sand dunes with a thin coat of
topsoil.


aem sends...


you cant sue the builder but you can sue the builders insurance
company


Who says you can't sue the builder? Insurance isn't protection
against anyone suing you. In any case like this, you sue the party
responsible, because they are the ones who did the damage. You have
no direct case against their insurance company, who did nothing
wrong. If there is an insurance company with a policy in place
that covers what is being sued for, they will get involved, settle, or
go to court to defend against the suit. But it starts with suing
the party responsible, not their insurance company. Suppose you did
sue the insurance company, and the suit results in a judgement for
more than the insurance company policy, but the builder has plenty of
other assets. Does that mean you should just walk away with whatever
you can get from the insurance company policy limit? When you sue
the builder, if you get a judgement and it's covered by insurance, the
insurance company will pay up to the limit. Any excess results in a
judgement enforeceable against the builder himself.


thats why they have builders insurance and that will make it more
expensive to
get insurance later and prevent him from doing this to others........
see if the builder
built close by and check other properties and go through a class
action.


good luck- Hide quoted text -


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I have just been through it, so without going through the nitty gritty
you are partly right but it was the case with mine over the same thing
But i had to do the insurance company for the builder not the builder
in the end
But both will suffer in the end.
Weather you agree or not .....Thats what happened- Hide quoted text -


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You had to "do" the insurance company? Was it good for you?


Why the reluctance to share the details? I'd like to hear the case
where you sue the insurance company instead of the responsible party.


Maybe "trader4", if you close your eyes, click your Ruby red slippers
together 4 times and say, "There's no place like home" you just might
hear the "case" in your own little feeble mind.
Id guess he doesnt want to share the details so he doesnt have to
watch you type out a 10 page post of nit picking drivel.
Bubba- Hide quoted text -


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As usual Bubba, you add nothing constructive to the thread and you're
dead wrong. FYI, you sue the party responsible, not their insurance
company. The insurance company didn't do anything wrong. The
insurance company, if they believe their policy covers the suit, will
then either reach a settlement or defend the insured. That's how it
works. But keep following me around in the newsgroup and making an
ass out of yourself, so more people can see what you're all about.


I find it funny that now you are explaining this to me. Like what the
hell do I care. You're so wrapped up in your confrontations in here
that you missed the whole point. I think you are a wanna be moron. You
think that EE degree makes you something special and in reality all it
does is make your BOORING!!! But like all EE's such as yourself, it
can be quite entertaining at times.
Bubba- Hide quoted text -


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And I find it funny how you're so huffed up over my having the
Aprilaire 760 humdifier for 10 years, liking it and recommending it
that you're now following me around in other threads like a juvenile
and making an ass of yourself.


You obviously must care, cause you keep posting crap and taking pot
shots. Like entering this thread, huffing and puffing with personal
attacks after I simply pointed out that the poster that told the OP he
can't sue the builder but must sue his insurance company is wrong.
That was simple and correct, yet you chose to attack me over it.


Boo Hoo. It sounds to me like you would like a little cheese with that
whine. Grow some balls you little girl.
and there is NOTHING simple OR Correct about anything you post.
It looks more like you just like to see the alphabet (and lots of it)
printed on a white background.
Bubba


How do you not archive messages?
I found out this used to be wetlands that they built on-that's why I
have wet clay 6 feet down.


Yeah, I need another drink too.
Bubba


Well the lawyer said I have a good case. Veranda Homes has 7 homes
they built without a buyer that they can't sell-they have cracks in
the concrete slabs already.