Broward County, Florida
Well, it's official. Documents filed in Broward County Court last June named the Seller, Selling Agent and both RE companies regarding the infamous Chinese Drywall.
Chinese drywall has made its way in to the headlines, predominately from attorneys jumping on the class action band wagon. Very little has been mentioned regarding official positions on the matter from the State of Florida or any federal agency other than the stuff is "bad."
Until recently, the allegations and filings had been confined to builders, contractors, material brokers and manufacturing facilities. Documents filed in Broward County, Florida name the other individuals and excluded those typically mentioned above, including the Home Inspector and Buyer Agent.
Having the docs in hand and speaking with one of the Defendants, whom which we will not name, is absolutely shocked that there is a case pending. The Defendant citing,"we had no idea that our home had this problem."
The residence in question, located in an upscale WCI community has been identified as having the sulfur contaminated product, but was sold well before the issue came to light.
To shine a bit of light on this situation, after numerous verbal complaints to WCI, the State of Florida Department of Health and a motion for the homeowners to be included in the respective bankruptcy hearings, WCI decided to set aside roughly $20 million in a trust specifically to deal with mitigating the drywall issue
The reality to this is that anyone at anytime can file a lawsuit. Whether the suit has merit is another question. The idea that RE agents, RE companies or Inspectors should have known about the problem before the actual builders knew is about erroneous as it gets. Considering the property went in to contract in March 2008 and closed in October 2008, this is roughly 5 months before WCI make a public announcement that some of their homes were built with the inferior product. In addition, even after WCI sent their own inspectors in to conduct an examination of properties in question, the results of those inspections were not forwarded to the property owners.