Our homes are supposed to be our place of rest and refuge. A hostile, “a dangerous individual” is the neighbor, Cyndee Phoenix, 53 has been dealing with since buying a home in October with the home builder, Lennar.
Phoenix thought she had found the perfect home in the perfect neighborhood when she purchased it in a planned real estate development neighborhood in Mays Landing, NJ. Mays Landing is about 19 miles west of Atlantic City.
Phoenix is claiming that the home builder/developer Lennar, knowingly concealed to her that her future neighbor was a “dangerous individual.” Phoenix is alleging Lennar is using material misrepresentation and fraud. This is according to the lawsuit filed last week in Atlantic County Superior Court of New Jersey.
“At the time Ms. Phoenix expressed interest in the unit in question, the defendant knew there was a neighbor directly across the street who, for a lack of better words, was a tremendous thorn in the side of Lennar,” said her attorney, Brett Datto.
Lennar Corp., a national home builder headquartered in Miami, is the seller of Phoenix’s new home and the target of her lawsuit.
Phoenix, a community outreach director for a casino says the neighbor has directed “increasingly harassing” behavior at her family, including her mother and sister. The incidents allegedly include: deαth threats to her sister, “snide and racist” comments, spitting in the direction of her family members, and calling the police on her guests. Datto had stated, some of the neighbor’s “snide and racist” remarks include such harsh comments as” Go back to Atlantic City where you belong, which is more of an urban area.” He blares his music loudly, takes pictures of my client’s guest. “He’s a problem person.” Datto also stated.
In a visit to the property when Phoenix was trying to decide whether to buy the home, the neighbor approached the sales representative to talk about “the lack of services, like landscaping of his yard,” the lawsuit states.
The sales rep “implied that (the neighbor) was no longer eligible for services as a result of the time that had passed since his house was purchased, “ the lawsuit Datto said the problem may have been sparked even before Phoenix bought the home.
On October 1, Lennar general counsel sent a letter to the neighbor’s wife who owns the home. The letter warned the neighbor about his behavior. Phoenix never directed or asked Lennar to send the letter, but she says the company “has refused to take any action to stop the harassing conduct that is sparked with its October 1st letter,” the letter states.
Since moving in her home on November 7th, the neighbor has “refused” to move his vehicle from in front of her house, despite his earlier agreement with Phoenix sister to do so, the lawsuit states. Instead, the neighbor “got aggressive, hostile and kept mentioning the October 1st letter, the lawsuit states
Lennar Corp., did not respond to requests for comment.