Our own Trouble Ahead story is mostly about other issues (except our issue about expansive soil) which Lennar would not address. We are quite disturbed about Lennar's terrible record in doing repairs under their new home warranty, after reading 100s of complaints from buyers regarding poor quality construction, workmanship, materials and Lennar's slowness or failure to fix things.
Did you know a typical Lennar sales contract permits you to file an unbiased, neutral, fair and impartial low-cost lawsuit against Lennar in your local small claims court, where attorneys are not allowed!
To help you with that we now have a new legal action page and small claims guide revealing how unhappy existing Lennar home buyers may file a low-cost lawsuit, with little hassle. There's good news no attorneys are allowed on either side. We also say why you should not file costly and usually poor outcome Arbitration.
P.S. Regarding home repair issues, if you are not happy about Lennar's poorly done or unsatisfactory home repairs, please click-on scales of justice picture to read our free small claims court guide on how to successfully get a judgment against Lennar.
FYI, we are also exploring starting a new online business offering low cost per-paid legal services to help people learn how to proceed pro-se (without an attorney) and complete the required small claim court forms, case submission and other litigation related assistance.
A. The typical steps are below, however keep in mind I am not an attorney or giving legal advice.
- First, check your Lennar sales contract which in all likelihood will say Arbitration/Mediation or Small Claims Court is allowable.
- Keep in mind Lennar wants you to use Arbitration and its contract says it's required. However, small claims court is doable based on monetary value.
- Lennar Homes desires Arbitration because it involves significant expenses for you to file for arbitration. And unlike the court system you must pay your own costs even if you somehow manage to win arbitration. Read more on Lennar Warranty Extremely Dubious Value.
- For example, our own Lennar contract has this boiler-plate accord: small claims court, mediation, fees, etc. seller supports the principles set forth in the consumer due process protocol developed by the national consumer dispute advisory committee and agrees to the following: small claims. notwithstanding the requirement for arbitration, buyer shall have option to seek relief in a small claims court for disputes or claims within scope of the court's jurisdiction in lieu of proceeding to arbitration.
- Call or go online to your county small claims court and get forms needed to file your suit.
- Complete paperwork and send it back to your court and pay the (usually small) filing fee.
- In a short time your court will schedule a hearing for you and defendant Lennar to appear.
- Expect to get your court judgment award immediately at the end of that court hearing.
After reading so much negative stuff about Lennar repairs via posted links, our method appears to be the best way to get funds (so you can fix issues yourself) by filing a lawsuit in your local small claims court. We highly recommend that option. Then you can get money via a court judgment to hire contractors to make needed repairs Lennar failed to do. You do not need an attorney.
Q. What type of rules and costs are involved in filing a small claims court case?
A. Small claims court cost is surprisingly low and rules in my county are believed to be similar to other counties around the nation, i.e. cost of filing a case is only $53. Some rule examples: maximum you can sue for is $3,500. lawsuit needs to be filed in correct venue; defendants location or where transaction occurred. Attorneys are most always not allowed on either side.
A. A small claims court and judge is frequently on the side of consumers and very likely to rule in your favor, assuming you have evidence on repair issues. More often than you would think, defendants will not bother going to court which is an easy default judgment win.
P.S. In small claims court you can also ask your judge to award you court costs and fees as part of the judgment, which the judge usually will approve.
Q. How can I collect on my small claims court judgment against Lennar?
A. If Lennar does not pay quickly (typically within 20-days) you can send your judgment direct to Lennar's bank and the bank is obligated to freeze funds in the account. Sometimes a bank will freeze the entire assumed large balance account until your judgment is released.
For example, your small judgment of say $2,000 or whatever may result in a 2 million dollar bank account being frozen until judgment is satisfied. After all the headaches caused by Lennar the news their big bank account may be frozen will little doubt not get much sympathy!
Q. How do I know where Lennar banks, so I can send my judgment award there?
A. There are a few ways to get that information. An easy way is to call the sales office and simply ask Lennar employee where they bank at? If they ask why (sometimes they may not ask) you can always say you need to contact their bank regarding a legal matter which sometimes works.
One more way to collect your judgment is to use the following bank info we have, keeping in mind any bank is obligated to search their records for an account. The following bank info may or may not be the best possible bank location to send the judgment to, however it should still 'work' regardless of your location. (please let us know if it fails).
We have a good reason to believe their Chicago bank location is a nationwide business checking account which can work for all 21 states Lennar does business, and Chase® may be Lennar's primary bank. All you need to do is FedEx your judgment to:
JPMorgan Chase Bank N.A. 10 S Dearborn St. Chicago, IL 60603 Attention Legal Dept.
By getting a small claims judgment and sending it to their bank you have an excellent opportunity to get your money for repairs. This collection method should be more than sufficient and at low cost, without much hassle.
Again, I am not an attorney and not giving you legal advice, but offering suggestions based on my pro se court experience over the years. In addition to a monetary award, it can also bring you the great satisfaction of teaching Lennar Homes a lesson to treat its customers better with more respect and honor their home warranties.
If for some odd reason the above low-cost relatively easy legal approach to get your new home warranty repairs done or paid for does not work there's other ways we can help you.
P.S. If your dispute with Lennar involves something other than warranty issues (such as Lennar wrongly keeping earnest money and canceling you) small claims may not be the best. Instead, as an option you can file a "Lis Pend" with your county recorder of deeds.
By definition, a Lis Pendens is a written notice a lawsuit has been filed concerning real estate, involving either title to property or a claimed ownership interest.
Lis Pend action is fairly easy to do, but nevertheless, we recommend you talk to an attorney if you plan to proceed with it (attorney consultation is not needed in small claims court). A copy of your Lis Pendens can also be sent to CalAtlantic Title (which puts a 'red flag' on the title).
- BBB Customer Complaints: 625 Complaints filed in last 3-years
- Read Pissed Consumer: 130 of 151 Reviews (mostly worst negative 1-Star)
- Employee (Phoenix): "Avoid This Place. Non-competitive industry pay. Rampant favoritism, laziness is rewarded. Unqualified mismanagement at all levels. Very toxic work environment"
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- A random buyer comment: I bought a 4-yr old Lennar home, its nothing but a money-pit. Everything they install is cheap junk, it lasts just enough until the warranty expires. Craftsmanship is absolutely horrible. I didn't do my research cause I was in a panic to buy. I'm in the trades and should of known — Brett, March 2018
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