Lennar Hedges on Chinese Drywall Deal

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• Chuck, Yes, they can be sued for personal bodily injury related to health problems, because Florida State Law will not allow for such in a contract, which is why Lennar didn't put that in the contract, and why Glen from Lennar is saying anyone who signed their contact can sue for Personal Body Injury. The release waivers in the contract are related to law suits for personal property damage, related to- Pitting corrosion and cross contamination of personal beleongings. Any problem related to the agreed repair method of this after the 1 year warranty is up. Anything found inadequate of full remediation, during the remediation process, that was agreed upon, before it was started and before anything is yet officially determioned what proper remediation, if any, even is. Property value loss to the home/condo, because of the stigma, repair for toxic chinese drywall, habing to be disclosed at resale. Banks don't even want to take these homes back, now, let alone give out loans on them. They are worthless, repaired or not. The saddest part is, the remediation Lennar is doing is so half assed, leaving behind and replacing cross contaminated materials, people sensitive to the chemicals in these gases, can not even move back in when they are done, making the homes even worthless to the current home owners. For many whoe immune systems have become severely compromised from over exposure to these toxic gases, their newly developed hyper sensitivity to their contaminated furniture is now worthless and useless too. These homeowners trying to keep their good credit in tact, under duress to find a way out for deteriorating health reasons, who could not afford another rent or mortgage, signed away their rights to sue for the above in exchange, for a half assed repair job, MAJOR disclosure dings on what are relatively new homes, and 6 months rent while they did it. No one who signed, knew at the time, how extensive the cross contamination would be to parts of the home, that Lennar planned to not replace, nor to their furniture and things. Many also were unaware, of the blackballing of these stigmatized homes by many realtors, that market and the banks. I am aware of many who signed that one sided contract under duress, that are looking for a law firm to help them contest the misrepresentation and unconscionability of that contract and recoup all of their losses. They just want to be made whole, and deserve to be. No family playing by the rules in the U.S., should have been at risk of buying a sick toxic home from China, and having everything they worked hard and saved for, destroyed over dank drywall. The suffering of health problems related to chronic low level domestic exposure to these toxic gases is a whole other topic. The exposure symtpoms people are experiencing in these homes is too extensive to list. To name a few of the more serious cases coming to light, I am aware of a 4 year old girl being diagnosed with emphasema, others diagnosed with auto immune disorders, asthma, and one 7 year old boy being rushed off to the hospital with seizures. One woman in NC with chronic pneumonia problems, and chronic tonsilitis, had them removed. The doctor found black holes in them. These acid gases, and neurotoxins are wrecking havoc on the health of many people living in the homes. The health problems people have been chronically suffering from are terrible. They mysteriously go away when they leave on extended vacation, and return, when they come back to the toxic house. I'll list them all if you want.

• Chuck is right. The builder cannot close out the potential for future personal injury suits. But they cannot repair the home without the homeowner releasing the buidler to do so. If it is the homeowner's intention to sue Lennar, then Lennar will wait for the court's directive on what path is required. They aren't going to do the work twice. Makes sense to me.

• What kind of health problems are there?

• Isn't Lennar the "builder?" Seems to me that they are saying you can still sue them if you have any health problems. I'm no lawyer either, but doesn't that agreement qualify it as "a full settlement of any and all claims, demands, losses, or damages . . . for PROPERTY DAMAGE." Wouldn't that mean that you could still sue them for your health problems? Any lawyers out there? I'm sure there are . . . . Just what the lawyers need, a Chinese drywall bailout from the recession!

• Exactly, Ari. Lennar is trying to make itself out to be the good guy by acting as if its volunteering to do the right thing. The truth is that if Lennar didn't act, it would face such a huge pile of lawsuits that it would be filing for bankruptcy and then some. I'm glad to see that so many other homeowners and journalists are too smart to fall for Lennar's shenanigans. I especially love Lennar's attempt to use legalese to intimidate homeowners in its so-called agreement: "Each party agrees that the facts on which this Agreement is based may hereafter prove to be different from the facts now known by it ... and no later discovery of facts not now known will justify rescission of this Agreement." (P. 4, No. 6). As Ari said, this agreement is unconscionable on its face and no court in its right mind would try to enforce it against homeowners who are bound to face a slew of financial and health costs.

• Nice work Eric!!! Florida State law, would not allow any such contract to release anyone from their right to sue for Personal Injury claims. Lennar knew that wouldn't fly and didn't bother putting that in there. However, Lennar is refusing any liability towards, personal belongings damaged by corrosion or contamination and dimunition of property value caused by having to disclose chinese drywall repair. These losses for many homeowners run in the hundreds of thousands. The truth is, by Florida state law, Lennar was already liable to repair the latent hidden defect. They counted on homeowners, needing to flee for health reasons, to be under duress, and sign away their rights to sue for those other damages. Lennar promises people they will have a brand new interior, which is not true, and they tell people they will not have to disclose the repair, which is not true. It's an unconscionable contract to say the least, in my opinion. Thank you for reporting this. Lennar is not the hero company they want to make themselves out to be. Keep on it.

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