Legal Question in Consumer Law in Virginia

Can someone please help me understand this document?

We're having many disagreements with our builder. It's at the 1 year warranty time and they've totally made our house look bad by using a different paint for touch ups. They are refusing to make the stuff match telling us they don't need to, etc. Their contractor had gotten paint on one of our sheets and they wanted us to sign a form which we quickly said no to. We asked them to fix the form and they completely changed it...basically trying to shut us up for $90. At any rate, there are some things we just don't understand and would like to. Is anyone willing to help us understand for free or for a minimal charge? Thanks.


Asked on 4/21/06, 4:24 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Can someone please help me understand this document?

I am an attorney in Loudoun, in Ashburn, and I would be happy to take a look at your situation.

Obviously, it is not likely to be worth paying an attorney for the value of the sheets alone. So, if you are only asking about the release form for damage to the sheets, it might not be cost-effective.

However, for the dispute in general, many attorneys would probably give you a free or inexpensive consultation to evaluate your case.

One thing you would have to check on first is whether your contract provides for "arbitration" that is binding and mandatory. The widespread use of arbitration requirements, which consumers do not understand, is often a serious trap and injustice. That is because a consumer must put up perhaps thousands of dollars to the arbitrator to bring their case in arbitration. Those fees would not be necessary in an ordinary court case. So that is something to consider, because many builder contracts around here in Loudoun have arbitration clauses in them.

In fact, I have asked the newly-elected Senator Herring to investigate the widespread use of arbitration clauses without properly notifying consumers of the implications and what they actually mean to the consumer signing the contract. I have not heard back from him, despite Senator Herring's interest in curbing developers generally.

As an attorney, I have chosen to go out on my own after 8 years without maintaining an expensive office or staff. As a result, I am able to charge very low fees per hour.

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Answered on 4/22/06, 1:21 am


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