Lennar Homes' word (regarding their settlement offer) is as good as their homes.
Homeowners in Fort Worth received an offer to settle their Fraud and misrepresentation claims against Lennar Homes for $120,000 if accepted by November 19, 2011 at 5 PM. The homeowners' attorney accepted the offer of $120,000 within the time frame prescribed by Lennar and their attorney, Mike Lee of Munsch Hardt. The attorney, Mike Lee of Munsch Hardt, even sent a voicemail hours before the deadline confirming the offer of $120,000 issued earlier in the week would not be increased. He never indicated at any point that the offer was no longer valid and by his silence on that fact, the only rational conclusion was that it had NOT been withdrawn or rejected.
Later that evening, a Friday night, at 8:03 PM, Mike Lee, the Munsch Hardt attorney, called and said Lennar's business office changed their mind and now refused to live by their offer of settlement.
On the following Monday, Mike Lee of Munsch Hardt confirmed that Lennar had in fact given their "word" in writing that the offer was good until 5:00 PM on Friday, November 19, 2011, but that when Plaintiffs asked for slightly more money, under caselaw in Texas, that attempt to negotiate was considered a rejection of the previous offer REGARDLESS that Mr. Lee never expressed that at any point before the 5:00 PM deadline in writing, in his voicemails or by any other means.
In fact, at 8:03 PM later that Friday night, Mr. Lee called counsel for Plaintiffs on a cell phone and indicated that the Lennar "business office had changed their mind" and would not fulfil their commitment made in the offer. Mr. Lee did not, at that time on Friday evening state, infer, inject, remark or otherwise indicate that the previous negotiation attempts to settle the case were considered to be rejections of the Lennar offer. Instead, Mr. Lee indicated that the "business office had changed their minds".
Come to think of it, Lennar's Homes are better than their word regarding setttlement offers made to plaintiffs.