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 developers 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 homes 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 plaintiffs sister, spit in the direction of Phoenixs family members, made snide and racist comments about plaintiff, has taken pictures of plaintiffs guests and stared them down in attempts to intimidate them and continued blocking plaintiffs 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 Jerseys Planned Real Estate Development Full Disclosure Act.
Her first mistake was buying a Lenar home. I don’t think she’ll win. The realtor has no responsibility to tell her this. In fact the neighbor could sue if they said something.
No, she won’t win. The realtors and builders are prohibited by federal law from telling you what the racial makeup of the neighborhood is like.
Was this a gated or HOA ‘hood?
I bet she has quite a litigious history.
I agree about the realtor, but after reading it, the developer may actually have liability. The sales rep lied to her about the reason why this nutjob wasn’t receiving landscaping, namely that he was showing aggression towards the workers. They knew this guy was such a psycho they had to hide it from future residents. Can a residential community kick someone out for extreme behavior?
“Can a residential community kick someone out for extreme behavior?”
Can a developer throw a property owner out based on their rude but legal behavior?
Although I do have to say, if you block my driveway your car will get towed at a minimum.
God bless her and her silly lawsuit.
How would you know?
You’re not serious, are you? Please tell me you’re not.
While on the one hand I feel for her having moved in next to a wierdo...on the other it’s buyer beware. One should always scout the neighborhood before signing a purchase offer and that would include talking to future neighbors.
The neighbor sounds like a "delightful" person.
(do I need a sarcasm tag)
“Cyndee Phoenix?”
K. I know a nitwit when I see her. What happened to her hair? Musta been the H1N1 flu.
I don’t suppose this “journalist” tried to contact the neighbor for comment, or interviewed any of the other nieghbors, or spoke with Lenar Homes. If she did, I guess it did not warrant mention in the article. Maybe she thought doing any of those things might ruin her narrative of the nasty racist white neighbor. As usual a university trained reporter is the least qualified person to do the job.
LOL!
I picture her scaring her neighbor by having a voodoo ceremony in his sight. Yes, I watched too many sitcoms as a child.
She’s an idiot. a non-diligent idiot.
You can’t win if you don’t play.
Someone who would sue for that likely has sued for a wide variety of perceived grievances.
“Can a residential community kick someone out for extreme behavior?”
They can try. And they can be sued.
I bet she has quite a litigious history.
And why is that?
Phoenix is a very pretty woman.
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