We all understand that the banks are holding back on homes and not selling them, but why is that? Well there are many, many reasons, but one thing they all need to be thinking about (and I don’t believe many are right now) is the fact that many of the homes they are maintaining are being maintained in violation of serious consumer protection and public interest laws.
The State of Florida has one of the most serious and severe statutes that address a major problem of unlicensed contracting. Florida has an all-expansive definition of contracting and provides serious civil and even criminal penalties for parties engaging in unlicensed contracting. And keep in mind, you don’t have to touch a hammer to be engaged in unlicensed contracting….the mere offering to bid for the work is unlicensed contracting.
Have a read at how this is defined in statute:
” Contracting” means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure.
And read here for the full description of penalties for unlicensed contracting.
And so here in this extraordinarily ethically challenged state, I wonder how it is that the banks and all their agents are engaging in a statewide property preservation scheme and are performing work that clearly violates these important laws with impunity? Oh right, circling back to that statement, extraordinarily ethically challenged state.….(That means the corporations that own our elected officials get away with what
But if the State will not step up and enforce these laws, if Florida’s Attorney General will not fulfill her obligation to protect consumers, perhaps we must rely upon private attorneys general to do the important work of protecting the public from the harm done by out of control banks and the thugs working under them. (Incidentally, I first got turned onto this whole issue after I was contacted by the several licensed contractors who used to do this work for the banks but who got cut out of the work when the banks decided to start using cheaper, unlicensed contractors, cutting them out of hundreds of millions of dollars worth of work.)
I’m fighting not just to protect consumers, but to protect the interests of the good and responsible licensed professionals who are following the law and supporting good workers in their communities.
But here’s the real kick about this whole deal…what happens when the banks finally conclude their tens of thousands of foreclosure cases and are ready to now sell those properties to unwitting third party purchasers? What about the months and months and years of unlicensed, unregulated, improper and illegal contracting work that has been done on those hundreds of thousands of properties?
What about all the mold they just covered up with
Hummm?
I’ve seen a few listing and sale agreements between the banks and, unfortunately, the paper isn’t long enough to list all the undisclosed defects.
SELLING PROPERTY WITH KNOWN DEFECTS MAKES THE PROPERTY WITH THOSE KNOWN DEFECTS UNMARKETABLE AND UNSELLABLE AT ANY PRICE
Oh, and here’s another very disturbing part of this whole widespread, blatant, wasteful and dangerous part of this whole ongoing scheme being perpetrated against the citizens of this state…..
EVEN THE INSPECTIONS OF THE PROPERTIES ARE VIOLATIONS OF STATE LAW!
That’s right folks, all these banks that are out sending thugs onto property to “inspect” are likewise violating additional consumer protection statutes……that ratchets up the claims for damages under a whole series of consumer protection statutes……here it goes:
(4) “Home inspection services” means a limited visual examination of one or more of the following readily accessible installed systems and components of a home: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, for the purposes of providing a written professional opinion of the condition of the home.
and the penalties here
(2) Any person who is found to be in violation of any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
THERE IS JUST NO END TO THE DAMAGE THE BANKS AND THEIR WILLFUL VIOLATION OF EVERY LAW EVER IN EXISTENCE HAVE CAUSED TO THIS NATION
