Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Woman Sues Home Developer For Failing To Disclose Racist Neighbor From Hell
Newsone ^ | Ruth Manuel-Logan | Jan 7, 2014

Posted on 01/08/2014 5:09:05 PM PST by nickcarraway

Cyndee Phoenix (pictured) thought she had found the perfect home in a Hamilton County, N. J., residential community to live in with her elderly parents and sister. But what Phoenix did not know and now claims was not revealed to her by the developer, Lennar Homes Corp, who promoted promises of a “wonderful lifestyle,” was that she and her family would be tormented by a neighbor who would threaten, intimidate and make racist remarks.

She is suing the developer for “knowingly concealing” that her future neighbor was a “dangerous individual,” according to Courthouse News.

Phoenix closed on her home last October and moved in a month later. Lennar Homes reportedly warned the neighbor in question, Kevin Elville Potter, about his alleged harassing behavior, requesting that he cease his hostile conduct. The 53-year-old recent home buyer says she met Potter before she actually moved into her home. She was visiting the developer’s sales office one day and happened upon Potter when he was ranting about the lack of landscaping services to a sales rep. The rep later told Phoenix that Potter was no longer entitled to services because his home’s coverage period had expired. After Phoenix had closed on the home, she discovered that Potter was in fact no longer receiving services because of his alleged aggression towards the workers who showed up to perform their duties.

According to documents filed in Atlantic County Court, Potter began his harassing ways soon after Phoenix moved in. Potter allegedly made “death threats to plaintiff’s sister, spit in the direction of Phoenix’s family members, made snide and racist comments about plaintiff, has taken pictures of plaintiff’s guests and stared them down in attempts to intimidate them and continued blocking plaintiff’s driveway with his parked cars.”

The complaint also describes how Phoenix is so “afraid to leave her home” and “is constantly living in fear” that she was forced to hire a security guard because the family was also allegedly stalked by Potter. Phoenix claims that her security guard was even harassed by Potter, who once reportedly followed the employee for 15 miles on the freeway.

Phoenix is reportedly seeking damages for fraud, consumer fraud, misrepresentations and omissions, and violations of New Jersey’s Planned Real Estate Development Full Disclosure Act.


TOPICS: Business/Economy; Local News; Weird Stuff
KEYWORDS: law; newjersey; realestate
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-73 next last

1 posted on 01/08/2014 5:09:06 PM PST by nickcarraway
[ Post Reply | Private Reply | View Replies]

To: nickcarraway

Her first mistake was buying a Lenar home. I don’t think she’ll win. The realtor has no responsibility to tell her this. In fact the neighbor could sue if they said something.


2 posted on 01/08/2014 5:13:36 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver

No, she won’t win. The realtors and builders are prohibited by federal law from telling you what the racial makeup of the neighborhood is like.


3 posted on 01/08/2014 5:17:08 PM PST by Blood of Tyrants (The War on Drugs has been used as an excuse to steal your rights. Support an end to the WOD now.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: nickcarraway

Was this a gated or HOA ‘hood?


4 posted on 01/08/2014 5:17:17 PM PST by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

I bet she has quite a litigious history.


5 posted on 01/08/2014 5:18:07 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver

I agree about the realtor, but after reading it, the developer may actually have liability. The sales rep lied to her about the reason why this nutjob wasn’t receiving landscaping, namely that he was showing aggression towards the workers. They knew this guy was such a psycho they had to hide it from future residents. Can a residential community kick someone out for extreme behavior?


6 posted on 01/08/2014 5:20:01 PM PST by nickcarraway
[ Post Reply | Private Reply | To 2 | View Replies]

To: nickcarraway

“Can a residential community kick someone out for extreme behavior?”

Can a developer throw a property owner out based on their rude but legal behavior?

Although I do have to say, if you block my driveway your car will get towed at a minimum.


7 posted on 01/08/2014 5:21:25 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: nickcarraway
She probably thought all white people cower obsequiously in the face of strong women of color.

God bless her and her silly lawsuit.

8 posted on 01/08/2014 5:21:50 PM PST by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ought-six

How would you know?


9 posted on 01/08/2014 5:22:19 PM PST by madison10
[ Post Reply | Private Reply | To 5 | View Replies]

To: nickcarraway

You’re not serious, are you? Please tell me you’re not.


10 posted on 01/08/2014 5:23:11 PM PST by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: ought-six

While on the one hand I feel for her having moved in next to a wierdo...on the other it’s buyer beware. One should always scout the neighborhood before signing a purchase offer and that would include talking to future neighbors.


11 posted on 01/08/2014 5:23:22 PM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
[ Post Reply | Private Reply | To 5 | View Replies]

To: nickcarraway
The rep later told Phoenix that Potter was no longer entitled to services because his home’s coverage period had expired. After Phoenix had closed on the home, she discovered that Potter was in fact no longer receiving services because of his alleged aggression towards the workers who showed up to perform their duties.

The neighbor sounds like a "delightful" person.

(do I need a sarcasm tag)

12 posted on 01/08/2014 5:23:26 PM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

“Cyndee Phoenix?”

K. I know a nitwit when I see her. What happened to her hair? Musta been the H1N1 flu.


13 posted on 01/08/2014 5:24:03 PM PST by West Texas Chuck (Burn my flag? I'll piss on your ashes.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

I don’t suppose this “journalist” tried to contact the neighbor for comment, or interviewed any of the other nieghbors, or spoke with Lenar Homes. If she did, I guess it did not warrant mention in the article. Maybe she thought doing any of those things might ruin her narrative of the nasty racist white neighbor. As usual a university trained reporter is the least qualified person to do the job.


14 posted on 01/08/2014 5:27:28 PM PST by RightOnTheBorder
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

LOL!

I picture her scaring her neighbor by having a voodoo ceremony in his sight. Yes, I watched too many sitcoms as a child.

She’s an idiot. a non-diligent idiot.


15 posted on 01/08/2014 5:31:47 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

You can’t win if you don’t play.


16 posted on 01/08/2014 5:33:35 PM PST by No Whey Jose (What's a tagline?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: madison10

Someone who would sue for that likely has sued for a wide variety of perceived grievances.


17 posted on 01/08/2014 5:34:34 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: nickcarraway

“Can a residential community kick someone out for extreme behavior?”

They can try. And they can be sued.


18 posted on 01/08/2014 5:36:15 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: ought-six

I bet she has quite a litigious history.


And why is that?


19 posted on 01/08/2014 5:36:34 PM PST by laplata (Liberals don't get it .... their minds are diseased.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: West Texas Chuck

Phoenix is a very pretty woman.


20 posted on 01/08/2014 5:37:22 PM PST by 4Runner
[ Post Reply | Private Reply | To 13 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-73 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson