Gated community home said defective in lawsuit
From our weekly issue dated November 7, 2007
A lawsuit claiming at least $400,000 in connection with complaints about their home in Cedar Brook Estates in Cave Junction, and various promised amenities, has been filed in Josephine County Circuit Court by Kirk Taylor and Olivia Taylor-Young.
The suit was filed Friday, Oct. 26, and the plaintiffs are represented by The Aldrich Law Office PC of Portland.
Defendants are Cedar Brook Homes LLC; Larry T. Osborne, a developer from California; Admiral Construction Inc., of Oregon; Anthony Morgan fka Rogue Valley Protection; Harris & Taylor Inc. dba Century 21 Harris & Taylor; and James Frick, a broker and Realtor.
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The 18-page complaint lists numerous defects and problems with the plaintiffs’ home. Additionally, it notes that various promises were made as to facilities that would be available for Cedar Brook residents, and which were delayed or are not yet available.
Overall, the suit contains complaints of misrepresentation, fraud, failure to disclose, violations of the Unlawful Trade Practices Act, breach of fiduciary duties, breach of contract, negligence, and negligence per se.
A jury trial is requested by the plaintiffs.
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