In Court

tabs · 11-03-2003, 04:59 PM

This mornining I went to court on my Construction defect case. The Builder wanted to have my case dismissed. His premise is that the contract I signed is binding and as such limits the scope of my legal recourse. That the contract should stand as written.

However my attorney argued that the Contract the Builder had me sign tries to nullifies Nevada state law with regard to construction defect, and as such should be set aside. The aim of such contracts is to limit the liabilty a builder has towards the quality of his product. Since the item purchased isn't a toaster but the most costly thing most people purchase in their lives, a Builder should be held accountable for it's quality.

Needless to say I prevailed.... we got everything we wanted in spades..and I go to Arbitration in six months.

Doug Zielke · 11-03-2003, 05:56 PM

Good news, tabs.
Does that mean you can move out of the trailer now?

350HP930 · 11-03-2003, 08:38 PM

Did you not bother to read the contract and understand its meaning?

If not you should have hired a lawyer BEFORE signing it and getting screwed.

ronin · 11-03-2003, 09:21 PM

Quote:

Originally posted by tabs
Needless to say I prevailed.... we got everything we wanted in spades..and I go to Arbitration in six months.

LOL

begin the waiting game

tabs · 11-04-2003, 09:07 AM

I did make a mistake in not thourgly reading the contract. However my attorney pointed it out to me it would have done no good, because the Builder WOULD NOT HAVE NEGIOATED THE CONTRACT. Further he stated ALL the Builders here write their contracts to nullify home owners rights. They don't need me as a customer, there are 6000 people right behind me every month who are looking to buy homes here. Until the demand for housing changes this practice will continue. My attorney also said they have tried for 7 or 8 Legislative sessions to get something done about the problem, the Builders agree and then go right back to there old practices. Thats why my attorney is able to drive a 500S MB SUV and live in a multi million dollar home in one of the best LV neighborhoods.

As I have stated before the soil here is the culpert, and numerous builders have problems with it. Since all builders write draconian contracts the best recourse a prospective home owner has is to check the reputation of the builder thourgly, and to find out how well he takes care of his warranty issues. That is the key warranty issues...

We are talking about my Trailer....it's a high end trailer and is considered the hot new thing... You should see some of the really run down, low end areas!

mattdavis11 · 11-04-2003, 09:57 AM

A wobbly box can always be replaced, you can't. Get the ***** outta there man! Do you care to tempt fate? A storm that can take you, and you're p-car away, will hone in. It's just a matter of time. They always do here. You're are a target for mother nature. Have the foundation poured at the new place, then sleep in a tent. You will be safer.

dhoward · dhoward's Garage

Good deal. Just another example of someone selling a substandard product and trying to get away with it. There are methods of construction that allow building on less than perfect land, but they're more expensive and eat into margins. Good luck on the arbitration, but don't expect anything to happen soon!

ronin · 11-04-2003, 06:34 PM

cool. perhaps you're opening a can of worms for the guy that will enable others that have been screwed before you to take a shot