Weiss Homes (building, manager, visit)

[West coast at heart]

Originally Posted by fallingwater

Good luck. I just went to court over a deal in a Weiss home sub. The judge sided with the seller. I put an offer on a home in Northbridge sub in Osceola. The sub is still being built by Weiss. The seller is a employee of Weiss. The sub is built around a superfund site. If I would have known, I never would have put a bid in on the house. The seller claims she didnt know about the superfund site. The sales guy in the model does know. We were only 8 days into the deal when I wanted out. Seller refused to return my earnest deposit, so we went to court. It was clear the seller had been coached and she brought some Weiss people with her. The judge sided with the seller. It was disappointing to loose my deposit, plus all the appraisals but I feel I am a winner because I didnt end up owning a home next to a toxic dump. I think Weiss and its employees are shady. I feel sorry for anyone buying a home in that sub because Im sure they are not told about the superfund site. If they were told and still built a home there, fine but I have a strong feeling buyers are not told.

What is a superfund site? I am familiar with the area.

This whole business with Weiss is sad news. I used to work for a company who did work for them. I always liked working on their houses. This is all difficult to believe. I have been out of the business for over ten years. I would like to think that this is all new (relatively speaking).

wc@h

[fallingwater]

Originally Posted by West coast at heart

What is a superfund site? I am familiar with the area.

This whole business with Weiss is sad news. I used to work for a company who did work for them. I always liked working on their houses. This is all difficult to believe. I have been out of the business for over ten years. I would like to think that this is all new (relatively speaking).

wc@h

A superfund site is a parcel of land deemed toxic by the EPA (environmental Protection Agency). Clean up efforts are made when the EPA gets involved. If you are old enough, you might remember Love Canal in New York back in the 70's.

Anyway, the land in question is on edison road. The road I believe is Day road until it crosses Bittersweet. Sorry but the way the roads change names here still miffs me. I am new to area which is another reason I did not know about the site. The sad part is I always go to EPA.gov and look at superfund sites before I buy a home. I come from a highly industrial state but when moving here, Osecola seemed mostly farm land where I was looking. It didnt even cross my mind to look up superfunds. My mistake.

This land in Osceola was owned by a gentleman from approx 1960-1985. He would obtain barrels of chemicals from somewhere. They never said where and he would bring these steel barrels back to his home. He then would dump the chemicals out onto the ground on his property, then re sell the barrels as trash cans for approx. 5 dollars each. He did this for years. Finally a neighbor thought it all seemed wrong and called the St. Joseph health dept. They came out and saw what was going on and got the EPA involved. The EPA came out and removed 277 barrels from this property. They then tested the land and found the area to be contaminated. After further research, they realized the cancer causing chemicals had filtered approx 2-3 miles and contaminated drinking wells in the area. The EPA asked the city of Mishawaka to extend city services to this area because residents now did not have healthy drinking water. That is why parts of Osceola have city services.

They continue to test the area every five years and a concern is that because the soil in the area is very sandy, these chemicals can travel quite far as they are filtered thru the soil. The land in that area has a downgrade toward the river and so far the chemicals have not reach the St. Joseph river. Penter's Pond in the area does show chemicals but at a safe level according to the EPA. Upon finding out this information I did not want to own a home that backs right up to the superfund site. We actually found out by chance because in our excitement of buying a home, my husband told a co worker about the house. This co worker lives in the area and remembers when it all went down. He says he remembers the EPA in the area, walking around in their "space suits". He is upset cuss he fall just outside the area and the EPA would not extend city services to his home. To this day, he refuses to drink his well water. Sure the EPA says the land is safe, sure the EPA says the problem is almost solved but with a husband that had cancer years ago, Im not taking any chances. According to Indiana law, a seller does NOT have to disclose a superfund site as long as it is not on the actual property. So basically its buyer beware. Weiss homes purchased property around this 5 acre site, which is now Northbridge subdivision.

I guess what upset me about the whole thing is how smug the seller was. She was very young and had the backing of the builder/her employer. Of course the builder doesnt want to appear that they did anything wrong. According to the law they havent. If you ask, they tell you. If you dont ask, they are not going to mention the superfund site. With so many things to think about when purchasing a home, I wouldnt have thought to put on the contract that if any environmental issues come up, we can get out of it. So thats a lesson learned for the future I suppose. The seller did sell the house shortly after we backed out. She did not disclose that the house backs up to the superfund site, even though NOW she knows about it. Cuss again...Indiana law does not require it. All I wanted was my 1,000 bucks. We figured the 500 in appraisals and inspections was just a loss at that point. The sellers fought me tooth and nail over 8 days of inconvience. She claims she might have missed out on selling the house in that 8 days cuss well ya know, real estate is just selling like hot cakes right now. So I guess its my job to educate people in the area because no one else will. Some people know about it and I have had some opposition as many have no problem with the whole thing in the first place. That is fine but I do. Some people put their whole faith in that the government always tells the truth. Sorry but I do not believe this. I look out for myself when I can. It was very disappointing to loose 1500 dollars plus all the headaches that came with it. I am still surprised by the courts decision cuss from where I am from, none of this would have been taken to court in the first place. All I can say is educate yourself on superfund. It was painful to loose money we worked so hard to save but in the end, I would rather loose 1500 dollars than have a 30 yr commitment to a property that I wouldnt feel safe living in.

[West coast at heart]

Wow fallingwater, I am speechless. I had no idea. If it is the subdivision that I think it is, I was working for my old boss during the time it was starting up. I repeat myself...this situation saddens me.

Thank you for the information. I will keep a look out for future problems on my next home.

wc@h

[XrayEyes]

Trial begins next week in Berrien County Michigan.

The judge ruled that testimony from other owners of homes by this builder is allowed. If anyone believes strongly that they have been mistreated by this builder, please email contact info ASAP. See earlier post for address. Your situation could indicate a pattern...

[XrayEyes]

The jury found in our favor.

Injustice anywhere leads to injustice everywhere - Martin Luther King Jr.

[domergurl]

Originally Posted by XrayEyes

The jury found in our favor.

Injustice anywhere leads to injustice everywhere - Martin Luther King Jr.

wow, that was quick ... congratulations.

[NDace]

Sure wish I knew this stuff a few yrs ago. How do I know if my insulation is wrong too? Seems like these guys don't like questions and don't keep their word.

[SBIBuilder]

X-Ray Eyes,
What happens next?

[NDace]

xray, count me and a neighbor in if we can prove it too.

[XrayEyes]

Thank you Domergirl, but I wouldn't consider 18 months quick.

What's next? Preparing for appeal...? Sure would be nice just to move on.