This article in the Chronicle pulls together some facts, but as is common these days, these tidbits of “factual “information leave out pertinent information that draws the reader to incorrect conclusions. I prefer to call it lying by omission.
Overview : The fact that we are taking care of our customers long after Stature Construction ceased to do business was never mentioned . We are not harmed by any of these lawsuits . Our lawyers have made a lot of money . All of our financial responsibilities have been met and we will continue to do so in the future as always .
Facts: Jordan Fogal - The Fogals refused to go to arbitration while they still owned their home. They refused to let us fix the leak and damage to their home and demanded that we pay them $150,000 cash and repurchase their home.
Result: The Fogals stopped making house payments, had their home foreclosed upon and finally agreed to go to arbitration. At arbitration, the Fogals were awarded $37,308. This is the amount that we estimated would be the worst-case scenario to fix any damage caused to the home. We were willing to fix the home, but actions by the homeowner prevented us from fulfilling our warranty. The arbitrator agreed that the Fogals were only entitled to this amount, less any costs we incurred in defending ourselves against the Fogals’ attempts to sue us as opposed to following the remedies afforded to them under state law. The actual amount owed to the Fogals after offsets made by the arbitrator is approximately $26,500. Make no mistake, it is and remains the Fogals’ intention to bring about a change in the laws in the State of Texas. Conversely, it is our opinion, that the Fogals’ actions actually favor the current laws.
Fact: The Fogals haven’t been paid the $37,308.
Full Truth: The Fogals’ attorneys have appealed the decision of the arbitrator and the money is sitting with our attorney pending the appeal. The actual amount owed is approximately $26,500.
Fact: Two couples are expected to go to trial in May.
Full Truth: Both couples are not original purchasers of their homes from Stature Construction and their issues are minor. Our attorneys have advised us that there will be minimal, if any, financial impact. Because they are subsequent purchasers there is a strong chance that they will not even be granted legal standing.
Fact: Sarah Reid Ford, mentioned in the article, never purchased a home from Stature Construction.
Fact: Stature Construction does warranty work on homes that were purchased directly from Stature Construction. Stature Construction has not and never will back away from our legitimate obligations under the warranty provided to any original purchaser.
Fact: The Better Business Bureau rejected both companies from the BBB.
Full Truth: Stature Construction and Tremont Custom Construction Company both chose not to arbitrate our contracts with the BBB. Our written contracts with the home buyers call for arbitration with AAA arbitration. Since we chose not to abide by this requirement of the BBB, we along with several other builders, namely, David Weekley Homes, Perry Homes, etc. were forced to leave the BBB.
Conclusion : Our lawyers advised us not to speak to the reporters since they would slant the story anyway. We are sorry for any inconvenience that this may have caused. We value our business relationships and our reputations.
Fact: The Fogals haven’t been paid the $37,308.
Full Truth: The Fogals’ attorneys have appealed the decision of the arbitrator and the money is sitting with our attorney pending the appeal. The actual amount owed is approximately $26,500.
Fact: Two couples are expected to go to trial in May.
Full Truth: Both couples are not original purchasers of their homes from Stature Construction and their issues are minor. Our attorneys have advised us that there will be minimal, if any, financial impact. Because they are subsequent purchasers there is a strong chance that they will not even be granted legal standing.
Fact: Sarah Reid Ford, mentioned in the article, never purchased a home from Stature Construction.
Fact: Stature Construction does warranty work on homes that were purchased directly from Stature Construction. Stature Construction has not and never will back away from our legitimate obligations under the warranty provided to any original purchaser.
Fact: The Better Business Bureau rejected both companies from the BBB.
Full Truth: Stature Construction and Tremont Custom Construction Company both chose not to arbitrate our contracts with the BBB. Our written contracts with the home buyers call for arbitration with AAA arbitration. Since we chose not to abide by this requirement of the BBB, we along with several other builders, namely, David Weekley Homes, Perry Homes, etc. were forced to leave the BBB.
Conclusion : Our lawyers advised us not to speak to the reporters since they would slant the story anyway. We are sorry for any inconvenience that this may have caused. We value our business relationships and our reputations.
Respectfully ,
Jorge Casimiro
And on behalf of our other 2,583 satisfied homeowners
