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Sarah DeMarco
North Charleston, SC - North Charleston City Officials say there's nothing they can do to please unhappy Lennar homeowners. But the number of complaints continues to grow, with many residents alleging the City could have prevented their problems.
It's likely the biggest investment you'll ever make. Not one you'd expect to be falling apart. Not one you'd expect to be built without support beams. Certainly not one you'd expect to be deemed a disaster. The buyers have the same lists of problems, they also signed the same contract. Now they're questioning who can be held accountable, while their homes sit unfixed. "They still have the right to go in and ask for certain remedies such as specific performance, under South Carolina law, saying I want you to do what you promised to do, which is build a home, that is habitable and looks the way its supposed to on plans and such," says Mt Pleasant Attorney Stephan Futeral.
The contract agreed upon requires arbitration and waives the buyer's rights to a jury trial or damages, but Futeral says just because it's on paper, doesn't mean a judge won't see things differently, "so while the Court may enforce the arbitration provision, it may find that giving up these other damages and rights are not enforceable."
Several homeowners allege many of their homes' problems could have been caught by North Charleston Inspectors. Those homeowners can potentially sue the City, but the City may have immunity against any of those suits. The individual inspectors typically have the same protection, but there are exceptions. "If the inspectors engaged in fraud, I'm not saying they did, but if they fraudulently reported they inspected a phase of the construction and they didn't do it at all, than they could be individually liable," says Futeral.
North Charleston has 12 inspectors on staff. The City claims they never found any of the Wescott Plantation homes in question, out of compliance. Homeowners say the problems should have been more than obvious to an inspector's eye.
Mayor Keith Summey and Inspector Supervisor Darbis Brigman both refuse to comment. Lennar Officials say they've offered to make repairs.
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The local map of repairs in our neighborhood is evident that the problems are so wide spread they are effecting us in our own small town.
Learn more about Lennars defective products