I am sitting in a deposition of my clients who bought homes from Lennar in Fort Worth, Texas. These clients bought homes that were on the far end of the subdivision and backed up to heavily treed land that cattle grazed on. At least that was what was there when they were sold their houses. Shortly after moving in, a 75 foot gas drilling tower ? a ?Christmas Tree?- was erected and for months, the ground shook, the noise blasted through the night, the odors permeated the home and the dust and debris landed on everything in sight.
During the deposition, the Lennar attorney is busy using most of the paperwork, several hundred pages worth, to show the numerous? well maybe about four or five places ? where the client should have recognized that Lennar was not responsible for any direct misrepresentations about the gas rigs being drilled behind their homes.
What is incredible is the fact that they, Lennar Homes, can produce dozens and dozens of boilerplate documents saying they don?t know anything and they aren?t responsible for what your future neighbors are going to do, but they just can?t disclose the only facts that matter ? that they would be drilling right behind their houses in just a few short weeks of moving in. Of course the answer to why they didn?t disclose that is obvious. It is a lot better from their standpoint to hide the truth and make some generic references that their lawyers can use later on than tell the truth up front. The truth up front meant no one would buy the house for anywhere close to the values my clients paid.