In Nevada, a homeowner has two options, they may
either file a claim with the Nevada State Contractors Board at no charge or they
may contact a lawyer and file a Chapter 40. Chapter 40 was written to
protect homeowners with homes that have true defects. A Chapter 40 done by
a reputable attorney should only cost the homeowner $40; all other costs are
recouped in court from the builder. An attorney that is implementing
Chapter 40 in this way, which is the way the legislature intended, will NOT take
a case they cannot win because they will not be paid.
Unfortunately, some attorneys and inspectors have
found loopholes in the Chapter 40 contracts that allow them to charge excessive
fees for inspections and cancellations. For example,one local attorney will
agree to file a Chapter 40 on the homeowner's behalf, but if the homeowner gets
the builder to make the repair, decides to pay out of pocket for the repair, or
finds out they can get the same services for free from the Nevada State
Contractors Board, the homeowner is charged $6,000 to cancel the Chapter 40 with
the attorney.
Senior citizens can be targets of inspectors who
tell homeowners their houses have defects that do not exist and get them to
subsequently sign contracts with attorneys. These attorneys don't care if
the houses are really defective because they make their money off the
cancellation fee, inspection fee, and any other fee they want to charge.
These attorneys are taking advantage of the Chapter 40 law that was
designed to protect homeowners. Chapter 40 is written in such a way that a
reputable attorney will charge a $40 upfront fee and all other costs are
recouped from the builder. If an attorney is correctly utilizing Chapter
40 to the homeowner's advantage, the homeowner will only be charged $40.
Las Vegas Lemonade's official statement is:
"We encourage all homeowners to contact their builder regarding problems/defects
by certified mail. If the builder will not make a repair, we encourage all
homeowners to utilize the FREE services of the Nevada State Contractors Board
first. The Board will tell a homeowner for FREE if they have true
construction defects. If the Board does not rule in the homeowner's
favor, contact the local media and Las
Vegas Lemonade."
There are several construction defect attorneys in
the Las Vegas area with excellent reputations. These
attorneys will thoroughly inspect your home. If problems/defects are NOT
covered by the Nevada law, these reputable attorneys will NOT take your case
because they know you cannot win. They will advise you to pay out
of pocket due to owner negligence and/or the defect is beyond the statue of
limitations. Homeowners may be advised to contact the Nevada State
Contractors Board for the FREE services of the Real Estate Recovery Fund.
Further, the best construction defect lawyers in town have way too much
business and will tell homeowners upfront that the Nevada State Contractors
Board will help them for free; and they may get their house
repaired more quickly utilizing the Board instead of a lawsuit. Lawsuits
in Nevada generally take 3 years just to be heard in court for the first
time.
Redflags for homeowners to watch out for
when selecting an attorney:
The attorney has his own inspector. The attorney discourages the homeowner from using the Nevada State Contractors Board. They may say the Nevada State Contractors Board does not exist, will not help them, and/or is dishonest and always sides with the builder. The attorney says the Nevada State Contractors Board charges a fee. The homeowner is charged more than $40 for a Chapter 40. The homeowner is asked to pay out of pocket for a home inspection, mold testing, or other services. If an attorney knows you have a true construction defect and knows the case can be won, the attorney will recoup all of these costs in court. If you are charged excessive upfront fees, an disreputable attorney has filed a Chapter 40 they know they can't win and they are recouping their costs upfront because they know there will be no payment from the builder when it gets to court. Excessive cancellation fees. An attorney agrees to file a Chapter 40 on a homeowner's behalf without coming to the house to physically inspect it. If an attorney is going to take a case for $40, is planning on winning and thus recouping all other fees in court, shouldn't he want to actually see and inspect the property for himself??
Brought to you by,
Robin Vircsik
Founder, Las Vegas Lemonade
We Protect Dreams
Know someone with a visible mold
problem? Las Vegas Lemonade can now do air sampling at NO CHARGE to needy
homeowners.
Comments