Posted on 01/08/2014 5:09:05 PM PST by nickcarraway
Cyndee Phoenix (pictured) thought she had found the perfect home in a Hamilton County, N. J., residential community to live in with her elderly parents and sister. But what Phoenix did not know and now claims was not revealed to her by the developer, Lennar Homes Corp, who promoted promises of a “wonderful lifestyle,” was that she and her family would be tormented by a neighbor who would threaten, intimidate and make racist remarks.
She is suing the developer for “knowingly concealing” that her future neighbor was a “dangerous individual,” according to Courthouse News.
Phoenix closed on her home last October and moved in a month later. Lennar Homes reportedly warned the neighbor in question, Kevin Elville Potter, about his alleged harassing behavior, requesting that he cease his hostile conduct. The 53-year-old recent home buyer says she met Potter before she actually moved into her home. She was visiting the developer’s sales office one day and happened upon Potter when he was ranting about the lack of landscaping services to a sales rep. The rep later told Phoenix that Potter was no longer entitled to services because his home’s coverage period had expired. After Phoenix had closed on the home, she discovered that Potter was in fact no longer receiving services because of his alleged aggression towards the workers who showed up to perform their duties.
According to documents filed in Atlantic County Court, Potter began his harassing ways soon after Phoenix moved in. Potter allegedly made “death threats to plaintiff’s sister, spit in the direction of Phoenix’s family members, made snide and racist comments about plaintiff, has taken pictures of plaintiff’s guests and stared them down in attempts to intimidate them and continued blocking plaintiff’s driveway with his parked cars.”
The complaint also describes how Phoenix is so “afraid to leave her home” and “is constantly living in fear” that she was forced to hire a security guard because the family was also allegedly stalked by Potter. Phoenix claims that her security guard was even harassed by Potter, who once reportedly followed the employee for 15 miles on the freeway.
Phoenix is reportedly seeking damages for fraud, consumer fraud, misrepresentations and omissions, and violations of New Jersey’s Planned Real Estate Development Full Disclosure Act.
She didn’t sue the neighbor, just the realtor. She never even called the cops on him from the article.
The worst that can happen to her is that she’ll have to pay her legal fees.
At best she’ll win damages etc.
As someone said above “You can’t win if you don’t play!”, she’s facing a small cost versus a large payout.
I think she’s just fluffy-headed and not venal, but who knows.
That website jacked up my browser.
Good points. I asked my daughter--a reporter in Philly--to look into it.
Did it take the wheels off too?
Nah, I’ve only got cheap rims.
“Phoenix’s complaint names Potter but not as a defendant. “
Owwww…… That is truly interesting.
If she named him as a defendant, then it opens the case up to legal discovery by him and his lawyer. And it opens up her for return lawsuits.
Without him as a defendant, then they are dead end complaints that have no weight behind them, or affect on the person she is complaining about.
They are complaints that lead to nothing beyond laying the groundwork for the bigger lawsuit against the company. Yes it looks like a well orchestrated attempt to get some easy money with the help of her relatives.
Based on that Mail Online article, it seems that both sides might be telling the truth - they each probably see themselves as being victimized - she by her neighbor, and he by the landscaper and her.
But, I don’t see how she has a case against the developer. No one is legally obligated to warn you that a neighbor is cantankerous, especially not in this state where she lives (unless the law changed and I didn’t hear about it).
It must vary from state to state. I saw something a couple weeks ago where a Californian sued and won becuase the previous owner failed to disclose nuisance dog barking in the neighborhood.
Is it the developer’s fault that he didn’t know the neighbor was a card carrying KKK member racist?
Not what I read, what you say.
“She probably thought all white people cower obsequiously in the face of strong women of color.”
The developer did know the neighbor was trouble. They had in fact stopped providing services to his home because he had threatened their own workers.
If the developer had no prior knowledge themselves, I’d say they would not have concealed anything. But they did. It’s like covering up and conealing physical problems with the house so a person will buy it. anywhere in the country this is illegal.
I’m surprised to hear that. I can understand that buyers need to know everything about the house/property that they’re buying, but not about annoying neighbors or pets.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.