Eagle Nest Homes ripoff - they stole $5,000 from me and refused to honor agreement Canton Georgia

Hello Fraud Chick: Concerning the report of Martin and Eagle's Nest Homes, as Aristotle once said, "The truth lies somewhere in the middle". Since 1983 Eagle's Nest has sold its panelized home packages (shell structures) throughout the US and 18 foreign countries.

On Feb 27, 1996, Martin inquired about our Company. We had numerous conversations. Martin decided to become a Rep on Feb 21, 1997, nearly a year later--not a hasty decision. His background was in remodeling homes and real estate. He was not a novice to our industry and we hoped he would have been a valuable asset. When Martin became a Rep he signed a contract to purchase a home kit with contracted dates to order or extend. He left a $5,000 deposit toward the package purchase, which was clearly stated in the contract and in previous discussions to be nonrefundable. At the contract signing, Martin was aware enough of the time constraints to negotiate additional time to perform and he addressed our ability to meet local codes, if required.

Our product is designed to meet the codes of the majority of the US. If construction changes are required to meet local wet stamps, engineering stamps, or to meet snow loading, seismic, or wind loading, the buyer must inform us of those needs before construction. Additional costs are usually involved.

In ongoing discussions with Martin, he admitted he was behind the contract schedule because he was working on his other jobs 24/7. This info is from his notes. He fell behind. He also was ordering a home that he stated "might" be beyond his mortgagability as he had not yet prequalified for a mortgage (our interpretation of notes).

He was sent his truss calculations in June of 1997, even though he was in contract violation. His agreement as a Rep was not cancelled until 8 months following his contracted due date when it became apparent that Martin was not going to fulfill his obligations. He was given 7 years to use his deposit. Martin could have been held accountable to purchase the contracted house package. Martin is not accurately reflecting the contract or the circumstances.

Martin,

Take them to small claims court and recover the scratch. Small claims requires only a preponderance of evidence unlike criminal courts that require beyond a reasonable doubt proof of fraud or misrepresentation. This means that a small claims judge only has to believe that it is more likely than not or 51% likely that Eagle Nest failed to meet their responsibilities and caused you to lose $5,000.

In your case Eagle Nest failed to live up to their end of the bargain and should be required to give a full refund. File in small claims immediately and make sure you have all documentation of what took place including what Eagle Nest was supposed to do and how they failed. Bring a long a copy of the cancelled check so you can file for a garnishment to ensure they pay up.

Good Luck and thanks for alerting the rest of us to this potential risk.