My Toll Experience

Toll Misrepresentations

Toll’s Misrepresentations

As additional evidence as to how far Toll Brothers will go to avoid doing right by their customers, consider what else Toll’s attorneys have done.

  • Asserted to Judge Harriet Derman that they had made several attempts to settle this case, all of which I had rejected.  Nothing could be further from the truth.  Toll had made no offers to settle whatsoever, preferring instead to drag things out as long as possible and make things as expensive as possible in an effort to get me to give up and go away.  This appears to be Toll’s MO, as evidenced by the remarks made by Toll VP Gary Mayo to a would-be Toll Brothers homebuyer whose deposit Toll refused to return after failing to deliver his house.  (My interview with this homebuyer is on the DVD.) 
  • Asserted that I had failed to participate in several scheduled mediation sessions.  The facts are that the terms of my contract do not require me to participate in any mediation session, and also that I was never ASKED to participate in any mediation sessions.  To the best of my knowledge, none was ever even scheduled. 
  • Filed with Judge Derman what they alleged was a true copy of a warranty agreement that I had been given at closing.  When I pointed out under oath that I had never even seen a copy of said agreement, let alone received one at closing, the attorney lost no time in filing another claim with the court along with a copy of a second warranty agreement which he asserted was a true copy of an agreement I had received at closing.  This too was false; in fact, I had never received a copy of ANY warranty agreement at closing.  And the attorney knew this, as I had pointed it out during my deposition.  (See Nevins Deposition, Parts 1 and 2.)
  • Asserted, in documents filed with the Superior, Appellate, and Supreme Courts, that I am the one who got the 2004 settlement agreement thrown out. This could not be further from the truth: as the court records will show, Toll's own attorneys filed the motion that got the settlement and the accompanying gag order thrown out.   
  • Alleged, both orally and in writing, that I somehow influenced the ”neutral” expert witnesses in an effort to get these men to exaggerate the problems with the house and inflate the cost to repair, which represents the amount of damages I can collect from Toll.  (See transcript.)  This is a complete fabrication, as either of the neutrals can confirm.  The fact is, this house is even more flawed than they made it out to be, as all of the new problems would seem to indicate.  But acceptance of their report would mean that Toll has to fork over nearly a million dollars to me, and they don’t want to do that!  Toll’s attorneys clearly could not tell the judge that they wanted the settlement thrown out just because they did not want to spend that much money, so they made false accusations about the experts’ neutrality and impartiality and, without offering a scintilla of evidence to support his claim, asserted that the opinion offered by the neutrals was “tainted.”  This is on the record.  Fortunately, the judge did not take this claim seriously.
  • Submitted numerous false statements to Ann Marie Hannam, an agent of the Pennsylvania Bureau of Consumer Protection.  I had filed a complaint with the bureau in late 2010, and in response, Ms. Hannam, to whom the case was assigned, had forwarded a copy of my complaint to Toll’s attorneys in an effort to resolve the matter.  I have to conclude that the attorneys did not realize Ms. Hannam would forward to me a copy of their response, but she did, and it is a work of fiction from start to finish.  (See Hannam Letter.)
  • Claimed that several former Toll employees that we planned to call as witnesses were members of Toll's "litigation control group" with regard to this lawsuit, and therefore could not be subpoenaed as witnesses, when in fact all but two of these employees had not worked for Toll in years, and several of these employees had in fact been fired by Toll.  (See Newman letter.) 
  • Created a false website, using a phony user name, on which they assert that they have made me several fair settlement offers, all of which I refused.  I suspect this was done to cover their butts with Bob Toll; apparently they had never bothered to tell him that THEY were the ones who filed the motion that got the settlement AND THE GAG ORDER thrown out.

 

 

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