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Who Is Responsible??
#81
Kathy,

You may well be more cognizant than others. Some people are just oblivious to certain things, like, I might be out to dinner with a couple and afterwards my wife asks "How did you like her blouse?" Well, I've been looking at it for hours and, well, I haven't a clue as to even what color her blouse was.

Even if folks hired the repair work, they may well have forgotten about it when they filled out the disclosure docs. It is too iffy to base a lawsuit on.

Now, the contractor is a different story IMO.

Dan
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#82
Thats why in situations like this ... attorneys file suits against all involved and see where it sticks... usually with an insurance company looking out for their client

sad but true and your only real option in my opinion
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#83
I don't watch much Television, but on a recent trip I saw a HGTV show called Holmes on Homes. What a guy, and what a lovely thing he does. The show I saw he replaced the fencing of an entire village of about 25 homes. The fences were done by a scam contractor, never complete and what was complete wasn't done properly for the frost line. So I wrote to this person looking for help for Carolann, I was hoping some of you might also write and ask for help with this problem. It is worth a try right? Here's hoping and here is the site.

http://www.hgtv.com/search/episode.do?hgSearchString=holmes+on+homes&hgSearchType=%2Fsearch%2Fepisode.do For some background info and here is the contact site

http://www.hgtv.com/contact-us/package/index.html

I only said a friend needed help in Hawaii and other homes were damaged also, but didn't specify what the matter was, what the contractor sley of hand involved. Please drop a note if you can.

Many Mahalos plenty,

With Aloha

mella l

PS I did get a response that my message had been received and passed along!!
mella l
Art and Science
bytheSEA
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#84
Whew! Somehow I missed this whole thread (Duh! I never go to "building in Puna") and just got an e-mail from Mella asking for help to write in to the HGTV network. I read pages 1 & 6 but did not have time to go through 2-5. Carrie, didn't you get a house inspection before you bought your house? You mentioned that the previous owners had filled and painted the foundation, so an inspector should have caught that. It sounds like the seller is certainly at fault, but it also sounds like they are untouchable in Japan. IN the end, yes it does sound like the builder did some shady things, but land can also settle and as you know we have a lot of lava tubes here, when one breaks down that can cause sinking too. Do you know for a fact that it is only being caused by green waste?

We met with Peter Kubota too before buying and he was great. I wish you luck all the way around Carrie. Who knows maybe Holmes can also help.

Aloha au i Hawai`i,
devany

www.myhawaiianhome.blogspot.com
www.eastbaypotters.blogspot.com
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#85
Quote Devany ""Carrie, didn't you get a house inspection before you bought your house? ""


Well I guess you didn't have the time to read pages 2 thru 5! Pretty salty.

Let's hope and pass a good word along that Holmes and Homes will like all the attention on PunaWeb and come visit, take a look at the situation and decide it is a lovely place to do a show, and to help out some lovely people and meet many many lovely people with hearts of gold!

Thanks everyone for the emails and I hope you'll each drop a note to Holmes and Homes HGTV!

mella l

mella l
Art and Science
bytheSEA
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#86
Wow. Mella you are amazing. I am blessed.[:X]

Carrie Rojo

http://ppl.blastoffnetwork.com/carrierojo
http://www.carrierojo.etsy.com

"The world is changed. I feel it in the water. I feel it in the earth. I smell it in the air. Much that once was is lost, for none now live who remember it." Galadriel - LOTR
Carrie Rojo

"Even the smallest person can change the course of the future..." Galadriel LOTR
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#87
Here is the link to the show I saw, More than Mending Fences about a neighborhood that was taken advantage of. You can read about it or watch a video. Don't you think this would be cool if he would come to Puna and help!

http://www.hgtv.com/holmes-on-homes/o-fe...index.html

mella l

mella l
Art and Science
bytheSEA
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#88
Carrie, since there were other home owners that had the same problems in your area. I know you already thought of this, but if you cannot get a lawyer who is willing to take the case on contingency, it seems like you would be able to band together for a class action suit. A lawyer would probably be more willing to take on such a case, as his/her take would be significantly larger. Though you are right in that your individual portion would probably be smaller, it still might be enough to make the repairs. Also for the possibility of Holmes on Homes... they might be able to justify the huge expense of coming over here if they were helping more than one family in need. Just a thought. Usually there is strentgh in numbers.

Aloha au i Hawai`i,
devany

www.myhawaiianhome.blogspot.com
www.eastbaypotters.blogspot.com
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#89
Nothing compared to the 27+ pages required in California! JOhn, can a buyer provide their own disclosure statement? I would guess that the seller might not be "required by law" to fill it out though?

quote:
Originally posted by John S. Rabi

quote:
Originally posted by Carey
John, what does the Hawaii disclosure form cover?
It's four long pages and it's very detailed. Hawaii is very buyer friendly in regards to disclosure requirements.

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"



Aloha au i Hawai`i,
devany

www.myhawaiianhome.blogspot.com
www.eastbaypotters.blogspot.com
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#90
"Pretty Salty" Mella?I went back and read pages 2-5 as well and never saw anything about a home inspection. Yes, I saw that there were permits and inspections by the county as they were building several years ago, but a qualified home inspector (hired by the buyer before the contingency period)would have seen the refacing issue on the slab, as well as questioned the caution tape and probably other related issues that a typical home owner would not see (hairline cracks etc.) We even had a geological inspection & survey done on our property, mostly because we are on the coast, but also because of earthquake issues.

And if there was a qualified home inspection done, the inspection company can also be held responsible for not noting those issues. In the end, you hire this company to protect you from such issues arising and they take the liability regarding forseeable issues. In addition to the qualifying paperwork, we have our entire inspection on a DVD, they video taped it all for us. Great for use in a courtroom situation!

quote:
Originally posted by mella l

Quote Devany ""Carrie, didn't you get a house inspection before you bought your house? ""
Well I guess you didn't have the time to read pages 2 thru 5! Pretty salty.
mella l


Aloha au i Hawai`i,
devany

www.myhawaiianhome.blogspot.com
www.eastbaypotters.blogspot.com
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