Profile picture for HelpTheWorld

23 Cranberry Ln, Middleton, MA

At Cranberry Commons Condominiums in North Andover MA. We are Buying a home and found code violations that the town did not catch, High Radon, and MOLD in the attic. The Builder [removed by moderator] said that the mold would go away by itself. At 23 Cranberry Lane there are many other defects found by the inspector. They won't give our money back. What do I do next? 
  • May 05 2012 - Middleton
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Be a Good Neighbor. Be respectful and on-topic. No spam or self-promotion! See our Good Neighbor Policy.

 
 

Answers (29)

Best Answer

Profile picture for Brad Pratt
Bottom line.... you need your attorney to send a deposit release form to them.  If they do not sign and return your money.  Sue them. 
  • May 30 2012
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Profile picture for sunnyview
"GUILTY"

Love it! Friday is a good day for justice. :)
  • 3 days ago
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Profile picture for HelpTheWorld

Developer Peter Barbagallo of North Reading charged with pocketing loan proceeds...   

BY JULIE MANGANIS STAFF WRITER

MIDDLETON — One of the developers of a stalled Middleton condominium development was arraigned Monday in Salem Superior Court on fraud and larceny charges, with prosecutors alleging that he pocketed at least $387,000 from project loans.



GUILTY


  • 3 days ago
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Builder plead guilty on six counts. 2/27/15. Jail time and some type of restitution. Judge was very easy on him. People are still suffering from the damage. Week end jail was mentioned. No real justice for victims. There is some satisfaction but not the disruption of many lives.
  • 3 days ago
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Profile picture for sunnyview
"The builder may plead guilty on criminal charges on Friday, 2/27/2015"

Awesome news. One bad apple off the tree, sounds like one more to go. Keep up posted. Justice is so rare, it should be celebrated.
  • 5 days ago
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Profile picture for HelpTheWorld
Next they may be going after the real estate agent responsible. He is working with the builders' current north shore painting business. the lawyer, the builder, and the real estate agent were always seen at Felicia's in Stoneham.
  • 5 days ago
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The builder may plead guilty on criminal charges on Friday, 2/27/2015 Salem Sup Court Room 5-I fifth floor. 
  • 5 days ago
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Profile picture for HelpTheWorld
 The Lawyer who was part of the deal is in trouble also. The real estate broker [Deleted by Zillow Moderator] pleaded the fifth in front of the grand jury.
  • November 15 2014
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Profile picture for HelpTheWorld
http://www.salemnews.com/news/local_news/developer-peter-barbagallo-of-north-reading-charged-with-pocketing-loan/article_7e3cddd1-c2b2-5246-a104-a12faeb89d44.html

See news about the builder Barbagallo  -  trial to start soon
  • November 15 2014
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Profile picture for HelpTheWorld
Court proceedings are in progress for all parties involved with cranberry commons in middleton ma. contact me if you want details. 
  • October 08 2014
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Profile picture for user099297
[Deleted by moderators] have a history of backing out of P&S contracts.  This is the second time they tried to back out in a year.  They backed out of a house in Westwood, Mass. prior to coming to Cranberry Commons.  The truth will always come to the surface.
  • October 18 2012
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the buyer is not telling the truth
  • October 17 2012
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The buyer is a fraud. The home was resold, the property had an extensive home inspection, no mold, cfode violations or any of the problems
he mentioned were found. In additon,the buyers added on to the property
Also, the former buyer had their own broker and they are only trying to slander the contracter and broker.
This was not the first time the have requested their money back
  • October 17 2012
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Profile picture for HelpTheWorld
I think this account has been hacked, no sure how they got my password.

Some of the entries here were not done by me!

 
  • May 26 2012
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Who is your Realtor?
And Attorney?
  • May 25 2012
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Profile picture for HelpTheWorld
The Condo was already framed and no customizations were done. Just upgrades for the electrical, kitchen appliances and cabinets. THEY refuse to give our money back. I even paid for the plumbing and light fixtures out of my funds - this money was paid for to expedite things as a favor to the builder and he won't give us that money either. We also have the security deposit.

We have an OUT clause in our P&S and [removed by moderator] owners of The Capital Group Realty Advisors, INC. [removed by moderator] is the manager of Cranberry Commons Condominiums LLC.

So we were shocked to have all of these problems. [Removed by moderator] has built homes in the past and we found out too late that he has quite a bit of unhappy people out there from about 7 years ago. I talked to a few of them and they have had problems. We can't get our money back.

We had one of his contractors call US to ask if we were going to close because they don't get paid until after the closing. It sounds fishy. The real estate person told me that the condo funds were being used to pay for the fire permit, the electricity and gas up to the point of closing.

Something that should be an exciting part of anyone's life has now turned so bad.

The house is for sale. I hope another 55 or older couple don't buy the home and inherit all of these problems. There are other Condos being built also.

Does anyone know someone who can help us???
 
  
  • May 24 2012
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The Reservation contract states that you can get your reservation money back at any time and that you can meet with the builder [removed by moderator] and if are not satisfied, get your down payment back.
What other properties has this builder constructed? Is the condo already built? And, now you are having a Home Inspection? The Home Inspection clause should read, "If Home Inspection is not satisfactory to Buyer" you may cancel and get your money back.
This is tough as these condos are somewhat built to your preference, but, can be sold to another Buyer. I agree, your Buyer Agent should assist with this, unless, you went through the Listing Agent [removed by moderator] and he is working for the Seller.
  • May 24 2012
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It sounds like even though you have an out clause, they won't return your money?  Did you give your earnest money and extra deposit right to the builder?  At the very least, sue for the maximum allowed in small claims court.  Also, write a complaint to your local BBB and also to your local builder's association. Call the Mass. RE Commission to complain too. Their first concern is "injury to the public" so I think you'd get someone's ear there.  You may want to take out an ad in your local paper warning others of dealing with them, although talking to an attorney in that county who is hopefully not associated with the builder or his RE company is a good idea.  Seems strange a brand new building would have mold already.  Radon comes from the ground and is measured in a closet with closed door for 24 hrs or more, so that is a product of the earth.  Not sure what remediation it requires if found. Radon has been found in certain unsealed granite also. At any rate, your inspection report is evidence so keep it safe and be ready to use it in court, etc. Show it to the RE commission too.
Good luck!!
  • May 19 2012
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Profile picture for HelpTheWorld
user9319713,

Thanks for your comments. Your comments are exactly I would expect from someone that is clearly not on the buyer's side of the transaction.

Most of the comments I have been received have been very helpful.
I have tried to do everything I can to buy the house and at every turn
there is always something in the way. 

I probably know who you are - send me a message if you want to discuss. 

You should read all of the other comments (see sunnyview's comments).
At least this person is clearly aware of what I am going through. I am pleasantly surprised with the comments left by user110768 they even seem to know the parties I am involved with.

THE ORIGINAL question is that as a home buyer, everything is stacked on the side of the builder, the builder's Real Estate firm, the builder's Lawyer. The builder's Lawyer who drafted the P&S is the owner of the
real estate company.

I want to make people aware of these issues and hope that there is SOMEONE that can help me. Most of my money will not be recoverable with attorney fees and all of the experts I have to help me.

SOMEONE must be out there that cares. 


  • May 18 2012
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Profile picture for sunnyview
" It is really surprising that a town builder ispector would miss any violations. "

Hate to disagree, but some town inspectors I have dealt with on the East Coast have not been entirely above board or beyond playing politics. In addition, good luck suing them. MA law is also not what I would term as buyer friendly upfront but I suppose there are worse.

Builders should have to meet the basic disclosure requirements on every sale. Buyers are wise to get new construction inspected since a C of O is not proof that the unit is well built or up to Code. BTW The average cost per house for radon remediation is $1200-2500 and the cost of mold remediation really depends on the type for a few hundred dollars to many thousands of dollars.

Buyers are wise to know if those are issues upfront and should ask in the contract for the entire deposit to be fully refundable following a professional inspection.
  • May 18 2012
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Profile picture for user9319713
Can you identify the code violations?    It is really surprising that a town builder ispector would miss any violations.  I am sure if there are real code violations you can easily get your money back.  You can even bring an action against the town building inspector for passing the property with these violations. You should bring your complaint to the town building inspector.   To be honest, with the amount of scrutiny that Town inspectors have, I would doubt very much that there are any real  violations if a certifcate of Occupancy was issued.  The only way I have ever seen a buyer not be able to get their deposit back is if they got caught making up stuff so they could get out of a deal or they were just unreasonable with their expectations for new construction.  The Massachusetts court cases generally favor the Buyer.  But before you sue, make sure of your case, if there are no real code violations and you make that claim, you can be liable for damages and for paying the builder's attorney fees. this whole thing does not sense. Radon can easily be mitigated and mold is even easier to take care of.
  • May 18 2012
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I don't mean to rub salt in your wounds but a good Buyer's Agent and a good Home Buyer's Attorney would have most likely gotten you through these issues. 

If your contract has a Home Inspection clause that allows you to withdraw as a result of the inspection you should be OK as long as you are within that time frame (usually about ten days).  If you have gone beyond the allotted time you may be in default if you walk away.

It's too late to get a good Buyer's Agent but you should engage an attorney immediately.

Sorry for your situation.

Ronn Huth [phone removed by Zillow moderator]
  • May 16 2012
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Profile picture for user110768
If their real estate broker is [removed by moderator] he is [removed by moderator] partner in this project so he isn't going to be objective.
  • May 10 2012
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Didn't your realtor do the inspection contingency for you? If he/she did the addendum for you, then there is no reason seller can keep your money... Ask your broker to get your money back. A builder as what you described is not trustworthy to do business with... And I would be worried about other undetected problems...

[hotlink deleted by Zillow moderator. Please see our Good Neighbor Policy for posting guidelines]
  • May 09 2012
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Profile picture for sunnyview
You need to get legal advice about your options. I do not know how much money the builder has of yours, but I might consider suing in small claims for my earnest money back before paying to mount a larger fight in a higher court where court costs are likely to be more than any judgement. It is a cost benefit thing.
  • May 08 2012
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Profile picture for HelpTheWorld
Something has to be done.

So man people get hurt by builders who will tell you anything to get your money. Our Real Estate Agent has informed us about contacting an new attorney. Our original Attorney dropped us because we found out bad information from several of the past homes [removed by moderator] built.

CAUTION: HOME BUYERS:
MAKE SURE YOU GET AN INSPECTION BEFORE THE P&S and make that a contingency in your offer. New construction should not have the problems we are having. We have a clearly stated P&S with an inspection contingency with an OUT clause, and all we want is our money back SIMPLE.

I wish there was someone out there that could help us...

All we did was to get an inspection and found so many issues but the builder,  their lawyer, and their real estate broker claim that we are unreasonable and picky. 

I feel like we are criminals and all we are trying to do is buy a new home
that does not have defects. MOLD, RADON, buildings defects how can they get away with taking our money. 

We even prepaid for upgrades to the house we never thought that we
would loose this money.  

Please let there be someone that can help us.

Is there anyone?      




     
  • May 07 2012
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Profile picture for wetdawgs
Did you have an inspection contingency in your purchase agreement?    
  • May 06 2012
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That is the inspection point, to allow you to discover any non apparent problems. There should be an out clause based on the inspection results. The seller is not erquired to make repairs, but if your inspection clause was written to protect you them you should have a perid to request an out.

There are however cases were homes are sold: "As Is" with inspections for kowledge only. If this is the case, then you can get out but loose the ernest deposit. Uunless there is CLEAR evidence that known defect where withheld. Talk things over clearly and completely with your agent and if not satisfied see the broker. You can always hire a lawyer. Máke sure you review the listing remarks and sellers published  addendums with regards to the property condition and sale conditions.
keep us psoted
Best of luck to you!
  • May 06 2012
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Profile picture for Ofe Polack
Consult with your buyer agent, if you are within the period allocated for Home Inspection and the seller will not do the repair, you should be able to get your escrow back and withdraw from the contract, but make sure you adhere to your contract. 
  • May 05 2012
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