This is a pattern, not a mere coincidence. It happened again, just recently, in St. Augustine, Florida to the Haygoods Local News - Dream Home Nightmare. My experience with Toll is not isolated.
I also received the following posting without a forwarding e-mail:
Please contact me if you have had any problems with Toll Brothers, AZ., Specifically Aviano @Desert Ridge. I'm looking for consumers who were lied to about Deer Valley Road and Black Mountain Parkway. Toll knew about the residential roads begin expanded to six lane arterial roadways, and then had their CR lie to buyers about the the expansion, which they knew about and deny. (I have plans that were issued in 2001 showing the expansion and were made to Edmunds Toll) I'm also looking for buyers or consumers that have had construction problems, decided to cancel and want their earnest money back.
It also happened recently in New Jersey. The following case, Riehl v. Toll Brothers, surfaced and is proof that Toll is engaging in a PATTERN of land fraud. Toll has created and perfected a loophole to defraud the unsuspecting customer.
Once the initial complaint for a lawsuit is filed, Toll will immediately respond with a Motion to Compel Binding Arbitration. This keeps the Arbitration proceedings out of the public eye. Arbitration awards and proceedings are not published (Court opinions are public and may be precedent setting).
The following is an excerpt from the Boston Globe article, Home Buyers Cite Broken Promises:
Gary Jodha, was assured when he contracted to have Toll build his home that an adjacent area would remain open space, even though Toll officials knew the state planned to build a four-lane highway on the land. He won a consumer fraud case on that issue.
http://graphics.boston.com/globe/spotlight/toll_brothers/stories/day2.htm
Toll's contracts evolved as a result of previous lawsuits. Toll continues to misrepresent the purported usage of nearby properties, but is careful to include carefully drafted clauses that now mandate arbitration and more importantly absolve them from any wrongdoing.
As an aside, I reviewed Toll's contract before they obtained my signature. Where in the contract does it state that the Buyer signs his or her rights away? Where in the contract does it stipulate that it is o.k. for the Seller to act in bad faith and that the Buyer must deal with the consequences? In fact, most contracts are entered into in good faith. Who would ever enter a contract with a corporation they distrusted?
The following case summary and opinion illustrate that it is irrelevant that the Seller commits fraud in the inducement, during and after the signing of the contract. The provisions and clauses contained in the contract are upheld even in instances where the Seller omits material facts, misrepresents material facts, falsifies data, etc.
http://www.meislik.com/main/cases/summary_mostrecent/3437/
http://www.judiciary.state.nj.us/opinions/a2383-05.pdf
Why isn't Toll held accountable for their unscrupulous actions? What can be done?
The following HADD petition strives for accountability in the Building Industry. It also requests a ban on mandatory arbitration provisions and demands code and law enforcement for residential builders in all states. Please take the time to review and sign the petition below.
http://www.thepetitionsite.com/takeaction/322833272?ltl=1153519369
I also received the following posting without a forwarding e-mail:
Please contact me if you have had any problems with Toll Brothers, AZ., Specifically Aviano @Desert Ridge. I'm looking for consumers who were lied to about Deer Valley Road and Black Mountain Parkway. Toll knew about the residential roads begin expanded to six lane arterial roadways, and then had their CR lie to buyers about the the expansion, which they knew about and deny. (I have plans that were issued in 2001 showing the expansion and were made to Edmunds Toll) I'm also looking for buyers or consumers that have had construction problems, decided to cancel and want their earnest money back.
It also happened recently in New Jersey. The following case, Riehl v. Toll Brothers, surfaced and is proof that Toll is engaging in a PATTERN of land fraud. Toll has created and perfected a loophole to defraud the unsuspecting customer.
Once the initial complaint for a lawsuit is filed, Toll will immediately respond with a Motion to Compel Binding Arbitration. This keeps the Arbitration proceedings out of the public eye. Arbitration awards and proceedings are not published (Court opinions are public and may be precedent setting).
The following is an excerpt from the Boston Globe article, Home Buyers Cite Broken Promises:
Gary Jodha, was assured when he contracted to have Toll build his home that an adjacent area would remain open space, even though Toll officials knew the state planned to build a four-lane highway on the land. He won a consumer fraud case on that issue.
http://graphics.boston.com/globe/spotlight/toll_brothers/stories/day2.htm
Toll's contracts evolved as a result of previous lawsuits. Toll continues to misrepresent the purported usage of nearby properties, but is careful to include carefully drafted clauses that now mandate arbitration and more importantly absolve them from any wrongdoing.
As an aside, I reviewed Toll's contract before they obtained my signature. Where in the contract does it state that the Buyer signs his or her rights away? Where in the contract does it stipulate that it is o.k. for the Seller to act in bad faith and that the Buyer must deal with the consequences? In fact, most contracts are entered into in good faith. Who would ever enter a contract with a corporation they distrusted?
The following case summary and opinion illustrate that it is irrelevant that the Seller commits fraud in the inducement, during and after the signing of the contract. The provisions and clauses contained in the contract are upheld even in instances where the Seller omits material facts, misrepresents material facts, falsifies data, etc.
http://www.meislik.com/main/cases/summary_mostrecent/3437/
http://www.judiciary.state.nj.us/opinions/a2383-05.pdf
Why isn't Toll held accountable for their unscrupulous actions? What can be done?
The following HADD petition strives for accountability in the Building Industry. It also requests a ban on mandatory arbitration provisions and demands code and law enforcement for residential builders in all states. Please take the time to review and sign the petition below.
http://www.thepetitionsite.com/takeaction/322833272?ltl=1153519369
posted by truth be tolled at
12:45 PM
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