Complaint Review: Centex Homes

I contracted to purchase a condo at Kolea in Waikoloa Beach, Hawaii from Centex Destination Properties or Centex Homes which was recently purchased by Pulte Homes.  When the condo was about finished being built, I hired a home inspector to inspect it.  He found many defects and I provided the report to Tony Pinkert the Centex agent and asked that they repair the damaged items.  I got no response although I put my requests in writing.  Shortly after that there was a 6.9 earthquake very close to the location of this condo.  The area was declared a federal disaster area and my lender, Countrywide, requested engineering reports and wanted Centex to sign something certifying that the condo was not damaged and was sound.  They gave the lender an engineering report for a totally different condo complex.  When that was pointed out to them, they gave the lender an engineer's letter but it did not include the building that my unit was in.  After several requests from the lender, one of the Centex agents tried to get the lender to have me sign the documents anyway and she told them she could not do that.  They finally gave her a letter from an engineer saying that there were cracks in the building but that they were cosmetic.  They had just done a visual inspection and could not get into all the units.  They did not do any soils testing nor did they do any other type of testing to know whether the buildings were sound.  Upon the advice of my attorney, I cancelled the contract and requested that my deposit be returned to me.  Centex did not return my deposit.  The title company, Title Guaranty, in writing represented to me for months that they held the deposit. 

Many months later, they told me that they had given the deposit to Centex years before that representation.  Centex kept my deposit and sold the condo to someone else.  They kept the deposits of many other people and have bankrupted many other people.   I have spoken to those people since this happened to me.  I have filed a lawsuit against Centex and their agents for breach of contract, unjust enrichment, breach of the duty of good faith and fair dealing, unfair or deceptive business practices, negligence, and intentional misrepresentation.  They have not returned my deposit and I am still trying to get it back.  If there is anyone else out there to whom I have not yet spoken who has had a similar experience with this company, please contact me.  Thank you.