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NORTH CAROLINA KB HOME CLASS ACTION SETTLEMENT - Find a Lawyer Near You, Top Class Action Lawsuits, Rebates, Open Settlements And More...
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active class actions

NORTH CAROLINA KB HOME CLASS ACTION SETTLEMENT

NORTH CAROLINA KB HOME CLASS ACTION SETTLEMENT

The lawsuit claims that KB Home constructed homes in the Twin Lakes and Wynbrooke subdivisions in Cary, North Carolina without a WRB underneath the exterior siding, in violation of the North Carolina Building Code. The Plaintiffs’ Complaint, Settlement Agreement, and other case-related documents are posted on the website, www.twinlakesclassaction.com.

The Settlement resolves the lawsuit. KB Home denies any and all wrongdoing of any kind whatsoever, and denies any liability to Plaintiffs and to the Settlement Classes. KB Home maintains that it properly constructed the homes and maintains that it complied with all applicable laws and regulations. The lawsuit does not allege that KB Home has caused anyone to suffer any personal injuries to date, and the Settlement does not include or release any personal injury claims or any unexpired express warranty claims under the terms of the KB New Home Limited Warranty Agreement.

Who’s Eligible

The court has certified two groups of Class Members:

Class A: Includes all persons in North Carolina who owned a home on Mar. 15, 2012 and who still owned the home as of Nov. 10, 2016, in the Twin Lakes Homes or Wynbrooke Homes developments in Cary, N.C., and the home was constructed by KB Home without a weather-restrictive barrier behind the exterior veneer of HardiePlank cement fiber lap siding.

Class B: Includes all persons in North Carolina who owned a home on Mar. 15, 2012 in the Twin Lakes Homes or Wynbrooke Homes developments in Cary, N.C., constructed by KB Home without a weather-restrictive barrier behind the exterior veneer of the HardiePlank cement fiber lap siding, but who subsequently sold or transferred their ownership interest in the home.

Potential Award

Members of Class A may choose a one-time lump sum cash payment or apply for repairs to their home. The amount of the cash payment will be based on the original square footage of the home, and it is estimated that payments will range from $6,500 to $17,000.

Members of Class B may either choose a one-time lump sum cash payment of $3,250 or apply to receive a portion of the decrease in sale price that resulted from the disclosure to the buyer of the lack of a weather-restrictive barrier beneath the home’s exterior siding, for a payment of up to $12,000.

Proof of Purchase

Members of Class A who seek repairs must have their homes tested for moisture content. If the moisture content is below 30 percent, the amount of compensation may be reduced to account for the cost of the testing protocol.

Members of Class B may be asked to provide documentation about the sale price of their home indicating an actual disclosure about the lack of weather-restrictive barrier was made by the seller, proof that the buyer sought a price reduction due to the lack of weather-restrictive barrier, and the amount of sale price reduction.

NOTE: Claim Forms must be notarized.

Claim Form Deadline

To Be Determined. According to the settlement website, the Claim Form deadline will be 120 days from the Effective Date of the KB HOME class action settlement.

Case Name

Elliott, et al. v. KB Home Raleigh-Durham Inc., Case No. 08-CVS-21190, in the General Court of Justice, Superior Court Division for the State of North Carolina, County of Wake

Final Hearing

4/11/2017

Settlement Website
Claims Administrator

Twin Lakes Settlement Administrator
1801 Market Street, Suite 660
Philadelphia, PA 19103
TwinLakes@AdministratorClassAction.com

Class Counsel

Daniel K. Bryson
Scott C. Harris
Gary E. Mason
WHITFIELD BRYSON & MASON LLP

Defense Counsel

Michael W. Knapp
Michael R. Pennington
Brian M. Rowlson
BRADLEY ARANT BOULT CUMMINGS LLP

How Class Actions Work

Follow these simple steps to claim the money you are owed

Step 1: Find What Your Owed

See if you are among the members of the class that are receiving damages from the alleged wrongdoers.

Step 2: Gather Materials

Gather any required information to submit with your claim. Luckily, many class actions do not require receipts or proof of purchase.

Step 3: Submit Your Claim

Each settlement provides claim instructions to the public. Follow the links on this site to find them and complete the forms.

Step 4: Cash Your Checks

You should receive your checks, coupons or replacements in the mail or electronically shortly.

Free Class Action Newsletter

Cash In with our regular Class Action Settlement Updates and Investigations.
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