Measure Is for Homeowners’ Good
* Mr. Kenneth S. Kasdan’s commentary was a biased, self-serving, slanted and one-sided presentation of a serious problem. (“Measure Would Hurt Homeowners, Benefit Negligent Builders,” Sept. 10.)
An individual or homeowners association should first contact the builder before they contact an attorney to seek resolution of a problem. The builder and perhaps his or her insurance company will try to resolve the problem. If for any reason the problem can’t be resolved, then the plaintiff is free to seek legal action. That is what pending legislation is proposing. The disadvantage of bypassing the builder is that the cost to the insurance industry of making repairs is doubled or tripled to cover the legal costs and paying the attorney his fat percentage of any settlement.
Hidden disadvantages to a lawsuit are many: Title to the property may be encumbered. Selling the property would require notice of the suit and notice of the defects, and the seller’s warranty that all repairs are free of defects.
When all the facts are known, the pending legislation is for the homeowners’ good, but it may not be good for attorneys.
WALT KEUSDER
Costa Mesa
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