Sunday, July 10, 2011

How do I find out if my builder an developer committed fraud?

I am a disabled Veteran with a service dog. I bought my home in a specific community because they advertised an amenity for dogs to run and play (legal reasons I have to phrase it that way). After the first year in this new development I began to ask how long it would be to have this amenity built. I got a location from a member of the development team. I checked the site plan, there was no mention of this amenity of the site plan. I was furious. I was now almost 3 yrs behind in applying for my successor service dog because you have to have a place for the dog to exercise - this is a requirement for most reputable organizations that train service dogs. The county repeatedly told me they had never seen a plan including a dog park in my community. So I thought this was clearly fraud. 2 weeks before court, the county changes its story and says that there is an amenity but it's in a different location than what I was told. The location was next to the soccer field. Interestly enough the site plan clearly shows the soccer field but does not show the amenity for dogs. I then spoke with the utilities company that controlled the transmission lines. The rep told me that he had worked on this community from the beginning and had never heard of this amenity. He said that the developer would've had to get permission to build anything through the tranamission lines. My attorney said we couldn't move forward and that I should settle. This was a couple years ago. I got word 2 days ago that the amenity had been built. I went to check it out. It is a fence around air on top of grass. There are no trees to shade the dogs, there are no benches for owners to sit at, there are no water bowls. There is simply a fence. I asked if they were going to install trees and was told they can't because of the overhead power lines. I think they lied, I think some county rep helped them lie. There's no way they would've planned to build this amenity where dogs can exercise without trees for shade and without the ability to ever have trees planted. I believe they scrambled and did this because if it wasn't on the site plan it would've clearly been deem fraud, so I think they did some underhanded revamping of the site plan and just stuck the fence up and said 'there you go.' How can I find out if there was actually deception here?

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