Baywinds
Residents Sue Lennar Homes Over Wetland Preserve Misrepresentations |
PRESSRELEASE
Jane M. Gordon, Esq. Page,
Mrachek, Fitzgerald & Rose, P.A. 505
S. Flagler Drive, Suite 600 West
Palm Beach, FL 33401 For
Immediate Release: June 2, 2005 Contact:
Jane Gordon
(561)655-2250 Baywinds
Residents Sue Lennar Homes Over Wetland
Preserve Misrepresentations West
Palm Beach, FL - Today a group of 22 homeowners in the Baywinds community off
Okeechobee Blvd. filed suit against Lennar Homes for breach of contract,
negligent and fraudulent misrepresentation and unjust enrichment.
Lennar made representations to the purchasers that a large natural tract
of land behind the Baywinds community would remain in its natural, undisturbed
state. The tract of land was labeled a “Wetland Preserve” on
marketing material, a three
dimensional topographical map in the Lennar sales center and in the Purchase and
Sale Agreements with the Purchasers. After
the purchasers closed on their respective homes, Lennar sold a 120 foot strip of
land behind their homes to Palm Beach County for the construction of Roebuck
Road, a four lane thorough-fare. All
of the purchasers in the lawsuit own homes at the northern edge of the community
overlooking the Wetland Preserve. Lennar
profited from its deliberate withholding of the truth about Roebuck Road.
The Preserve was touted as a valuable feature and Lennar charged a "Homesite
Premium" ranging from $5,000 to $20,000 for the lots that overlooked the
Preserve. The
noise, light and air pollution from the road will adversely impact the property
values of the Purchaser's lots. In
addition, the natural, private view that the Purchasers thought they were buying
will be completely destroyed. Although
Roebuck Road has not been built, it is now public knowledge that it will be
located behind Baywinds and this negatively impacts the desirability and value
of the Purchaser's lots. According
to real estate brokers that handle residential sales in Andros Isle, Liberty
Bay, Liberty Isles, Journey’s End and other developments similar to Baywinds,
it is acknowledged that lots backing up to roadways, even with landscape
bufferes, are more difficult to market and generally reflect a lower sales price
than an interior lot or a preserve lot. Sales
comparisons of new homes similar to Baywinds, and in Baywinds itself, reflect up
to a 20% loss in value of property of homes backing to a berm with a busy road
bordering the berm compared to residences located on interior or preserve lots. |
NEWS PAGE | HOME | HOA ARTICLES |