Homeowners are Awarded Damages for Defective Townhomes


There were six homeowners in Hendersonville, North Carolina who alleged a developer, failed to properly inform them of potential problems with a proposed townhome devolvement, in which the homeowners had to fix the problems themselves.

A restricted townhome community was developed by the Defendant, Carriage Park Associates, LLC. The defendant, CPA Realty Corp. was a brokerage entity. Construction plans, lots, the approved builder and a base price were provided by the defendant Carriage Park. The builder was to be Defendant Estate Homes of North Carolina, Inc. Estate Homes was a new company that reportedly didn’t have the resources to finish the townhomes.

The plaintiff’s argued that the Defendant Estate Homes was unable to finish the homes for them, which meant they had to repair defective construction, finish the units themselves and resolve settlement and soil-compaction issues. The plaintiff’s also argued that the defendant Carriage Park was aware of the problems with the builder and the plans, but failed to tell the plaintiffs. The plaintiff’s alleged that the defendant CPA Realty failed to disclose pursuant to North Carolina law that it was receiving referral fees from the defendant Estate Homes. The defendant’s denied the plaintiff’s allegations.

On November 20, 2009 a verdict of $2,406,053 was giving to the six homeowners.

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