Woman files lawsuit against home developer for neglecting to warn her about racist neighbor
A woman has filed a lawsuit against the seller of a home she purchased for neglecting to disclose to her that a hostile, harassing neighbor lived next door.
Cyndee Phoeniz sued U.S. Homes Corp. dba Lennar Homes in Atlantic County Court.
She did not sue the neighbor, Kevin Elville Potter, though the lawsuit does identify him and describe his alleged behavior. Phoenix claims that before she bought the home, the defendants already had warned Potter, through counsel, to stop his harassing and hostile conduct, which now he directs at her. Phoenix closed on the home on Oct. 30, 2013, and moved in with her sister and elderly parents on Nov. 7. She says she met Potter during a visit to the house before she bought it, when he came out to complain to defendants’ sales rep about lack of services, such as landscaping.
Phoenix says it wasn’t until after she closed on the home that she learned that Potter was no longer receiving services due to his “aggressive, harassing and hostile interactions with several of the defendent’s agents, employees and workers.”
Phoenix is seeking damages for fraud, consumer fraud, misrepresentations and omissions and violations of New Jersey’s Planned Real Estate Development Full Disclosure Act.
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Should Phoenix be awarded for the inconvenience?
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