March 14, 2014

Persistence Pays Off for Home Builder

A home builder client of the firm was recently sued for alleged non-disclosure and fraud in the California Superior Court based on allegations that the home builder misrepresented the sales prices of other homes sold in the new home community and conspired with the lender and appraiser to inflate the appraised value of the home purchased by the plaintiffs.  The home builder denied all allegations of wrongdoing, believing that the accusations against it were unwarranted.  Payne & Fears LLP vigorously defended the action by persistently attacking the allegations in the complaint on three successive demurrers, successfully securing judgment in favor of the firm’s client at the pleading stage with an award of costs in the client’s favor.  Thomas L. Vincent and Erik M. Andersen represented the home builder in the matter.