5
   

False Advertising question

 
 
Bella Dea
 
  2  
Reply Wed 14 Feb, 2007 10:51 am
99% of people just let things go....and most companies rely on this.

Keep pushing and they will give.

It just takes time and the knowledge that you aren't giving up.
0 Replies
 
Chai
 
  2  
Reply Wed 14 Feb, 2007 11:05 am
Bella, I making some pop corn and trail mix. Could you pick up some cokes?

This is getting good.

I love it when someone calls someone else's bluff like this.
0 Replies
 
Bella Dea
 
  2  
Reply Wed 14 Feb, 2007 11:14 am
It's fun.

I did this recently with a law firm. Yes, I took on a law firm.

They charged me for a service they didn't provide and then tried to tell me that it was non-refundable. I contacted them and told them all I wanted was my money back. They refused. I told them I was going to report them to the bbb and the attorney general. They said go ahead. SO......I called on the better business bureau and the attorney general.

I got my money back.

Very Happy
0 Replies
 
jcboy
 
  3  
Reply Sat 3 Mar, 2007 11:09 am
Well it's not over yet but my lawyer calls this a Slam dump case.

The builder's attorney shot himself in the foot. He sent all residents a letter stating the seller had no knowledge prior to the sale of the units that there was a discrepancy in the floor plans until he was informed by one of the tenants "Me". Cool

The county building inspector did his calculation for taxes and gave a deposition the builder was aware of the square footage being off prior to the sale of the first unit. The construction team also gave depositions they notified the builder of the square footage as well, after all they measured for the flooring. The builder apparently made a decision to inflate the unit sizes in his brochures. Now not only do I want compensated, I want the District Attorney to investigate this builder for real estate fraud.
0 Replies
 
happycat
 
  2  
Reply Sun 4 Mar, 2007 03:51 am
excellent!! Cool
0 Replies
 
squinney
 
  2  
Reply Sun 4 Mar, 2007 06:56 am
Coolness! I hope other tenants are with you on this and you aren't bearing the legal fee's alone.
0 Replies
 
jcboy
 
  3  
Reply Sun 4 Mar, 2007 10:11 am
All the tenants involved have paid the lawyer $2,000.00 upfront. Except for one lady, she is an older deaf lady who purchased one of the units called the point. She couldn't afford the attorney fee, so a few of us other tenants paid her fee.

So far they have only sold one point. It's the smaller one bedroom advertised at 795 SQ. Her actual living space is 610 and her padio is smaller then mine. The Point's are selling for $349,000.00

Boy did I light some hair on fire yesterday. Last week I went down to the county assessor's office and paid for the actual square footage of several other units one called the Canyon, now the Canyon is the largest two bedroom and sells for $449,000.00 it's advertised at 1245 SQ. actual living space is 1066 and their patios are a bit smaller then mine.

Also the smaller two bedrooms called the Cielo, sells for $429,000.00, advertised 1158 SQ, actual living space 1007.

The Estrella, one bedroom plus den, sells for 419K advertised 1059 SQ. actual living space, 890.

I made copies and passed them out to the tenants living in the units. I'm not sure if they stormed the sales office with torches and pitchforks because I went in and took a nap after all the walking around. But later I did notice the one sales guy walking around carrying what looked like a Billy club. Cool
0 Replies
 
happycat
 
  2  
Reply Sun 18 Mar, 2007 01:53 am
jcboy, what's the latest?
0 Replies
 
jcboy
 
  3  
Reply Thu 22 Mar, 2007 08:10 pm
happycat wrote:
jcboy, what's the latest?


It's turned into quite a mess. As it turns out the three HOA members are holding a meeting next Wednesday and according to their letter they state it will impact each home owner financially. I have heard from one of the board members its regarding shoddy construction, a couple of the building needs roof repairs and have piping problems, the swimming pool is not up to code, the builder has basically turned his back on the HOA and told them he's not paying for anything, he told them to pay for it out of the HOA fund and if that happens it would bankrupt our HOA. The HOA board has turned him into the city attorney, apparently the city signed off on everything.

As far as our class action suit, it's going a little slow but justice takes time I guess.

This is part of an email I received just yesterday from our attorney.

Quote:
If mediation fails the next step according to the Purchase Contract would be submitting the matter to judicial reference. Judicial reference operates within the court system and the courts typically appoint a referee (usually a retired judge) who hears the entire case and then renders a ruling. The provision regarding Judicial Reference waives the buyer's right to a jury trial and waives the buyer's right to pursue punitive damages. Additionally, the provision is one-sided and only allows the seller to opt out of judicial reference. For these reasons we would recommend and argue that the buyers should not be forced to abide by the judicial reference provision. If the matter cannot be resolved we would recommend filing suit and seeking a jury trial.


Not actually sure what all of that means but I have heard from several other attorney's a jury trail is the last thing the builder wants
0 Replies
 
Chai
 
  2  
Reply Fri 23 Mar, 2007 06:13 am
Wow, I know these people are sorry you ever showed up.

Let's hear it for not just taking it.
0 Replies
 
jcboy
 
  2  
Reply Mon 26 Mar, 2007 07:09 pm
Chai wrote:
Wow, I know these people are sorry you ever showed up.


They sure are.

Just a small update.

After sending several emails to the Orange County Register over the past two months one of the reporters finally called me today and made an appointment to meet and interview me tomorrow at 2:00 PM. It seems after reading all my emails "because I sent him one with an update every week" one of the investigating reporters got involved and did some research of his own and is very interested. I'm kind of excited about this.

One more thing, the sales team has been served by the city attorney to disclose the actual SF to all potential buyers. I met my two new neighbors just yesterday and the office told them ahead of time their unit would be off by 100 to 200 feet and sold their unit to them at a reduced price.

If anything comes of this at all at least I got them to stop the false advertising and misleading these first time homeowners.
0 Replies
 
happycat
 
  2  
Reply Tue 27 Mar, 2007 09:58 am
jcboy - you're really going the distance on this! ever thought of going into politics? Smile
0 Replies
 
MMarciano
 
  2  
Reply Mon 26 Dec, 2011 10:16 am
@jcboy,
Boy you were a loon in 2006 too! I see you haven't changed much over the years LOL!!!!
jcboy
 
  1  
Reply Mon 26 Dec, 2011 12:57 pm
hehe this was my first thread I started here, not long after my father passed away and my doctor had me on medication.

I sure have learned a lot since then, like never buy a condo again!
MMarciano
 
  1  
Reply Mon 26 Dec, 2011 08:09 pm
@jcboy,
Are you sure you're not still on that medication?
Rockhead
 
  3  
Reply Mon 26 Dec, 2011 08:10 pm
@MMarciano,
does he ever break out the pink you know what?

that would be a pretty good indicator in my book...
jcboy
 
  1  
Reply Mon 26 Dec, 2011 08:14 pm
@Rockhead,
Actually I still have it, it's in the closet Wink
0 Replies
 
jcboy
 
  2  
Reply Wed 28 Dec, 2011 10:56 am
@MMarciano,
Just be thankful I moved from there, the HOA had rules against Puerto Ricans on the complex. Razz
0 Replies
 
chai2
 
  3  
Reply Wed 28 Dec, 2011 11:35 am
wow morgan, you really ARE a loon!

I remember this thread
jcboy
 
  2  
Reply Wed 28 Dec, 2011 11:43 am
@chai2,
hehe this was my first thread here, I lost 120k on that condo in two years. Plus I put 15k in new hardwood floors, never buy another condo again!
0 Replies
 
 

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