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Interesting Fairy

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The $1.6 million “dream house” a New Jersey man had built for his wife 10 years ago has become a never-ending nightmare for him.

When the house in Florham Park, New Jersey, was completed in 2007, Humayun Akhtar, 66, discovered the home’s interior and exterior had cracks and that the house was “sliding down the hill it was built on,” he told ABC News today.

The house is “unrepaired and uninhabitable,” according to court findings, which added the soil the home was built on was “of insufficient load-bearing capacity to hold the building.”

A reporter from ABC News station WABC in New York visited Akhtar’s home Wednesday and put a marble on the floor, which rolled in the direction of the hill’s slope without being pushed.

Akhtar said he’s never spent a day in the house, but he’s had to pay its mortgage in addition to the mortgage of the Livingston, New Jersey, house his family has been residing in.

Joseph Natale, who owned JDN Florham Park, the entity developing Akhtar’s home, told ABC News today that he and the main builder, Robert Deluca, asked Akhtar multiple times to let them fix the problems with the house, but he wouldn’t let them.

“We also tried to settle with Akhtar on numerous occasions,” Natale said, “but he would not hear about fixing the house and wanted nothing to do with those things.”

Deluca added that he built nine other homes in the development, including one for himself, and none were found to have any problems.

Akhtar said he didn’t want the builders to do anything more to the house because he was concerned they would just conceal the problems rather than fix them.

“I didn’t them to just do some Band-Aid patch,” Akhtar said.

Akhtar sued JDN FP, Natale, Deluca and Deluca’s contracting company, Deltrus LLC, in 2008, alleging consumer fraud for building the home without determining that the soil was strong enough to bear the house.

The trial was delayed for three-and-a-half years because the defendants repeatedly failed to post security bonds the court ordered, Akhtar’s lawyer, Jay Rice, told ABC News today.

In 2011, a judge suppressed the defendants’ answers because of the violations and ruled JDN FP, Natale and Deluca violated the Consumer Fraud Act and owed Akhtar $7.4 million in damages, Rice said.

However, a New Jersey appellate court reversed the verdict last month, stating that Natale and Deluca had been given an inadequate opportunity to defend themselves, and a new trial with a jury will decide the case, Natale’s lawyer, David Stanziale, told ABC News today.

Akhtar’s lawyer said they are trying to appeal the appellate court’s decision, adding he and Akhtar would apply to bring the case to the New Jersey Supreme Court today.

While Akhtar said he believes he’s the “innocent victim” of people trying to defraud him, Natale and Deluca said this isn’t the case and that they wish Akhtar allowed them to fix the problem years ago.

Meanwhile, the Akhtars’ dream home is going into foreclosure, Akhtar’s lawyer said.

“This whole thing has destroyed my life,” Akhtar said. “I bought the house as a dream house for wife, and now we have nothing, and it’s taken a toll on me emotionally and financially.”

House

Barton Paladin

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What exactly were the contractors going to do to fix the fact that the house was built on soil not strong enough to support it? Drill holes in the floor and sink posts?

Wintry Dragon

House built on sand...

Interesting Fairy

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A mali
House built on sand...



Matthew 7:24
"Therefore everyone who hears these words of Mine and acts on them, may be compared to a wise man who built his house on the rock. 25"And the rain fell, and the floods came, and the winds blew and slammed against that house; and yet it did not fall, for it had been founded on the rock.…

Galactic Shapeshifter

Those contractors should have turned him down. Tell him his land is useless for such a project.

Fluff Saint

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If I had a house built for 1.6 million and then discovered immediately after that it had cracks all over and was sliding down a hill I wouldn't be "settling" either. Other than destroying the house and completely starting over after doing something about the foundation and soil I can't see any way that the builders could just fix this. I've seen so many builders doing shoddy workmanship and it's often hard to see until you actually try to live in the house. This was actually bad enough that it was noticeable immediately... I feel bad for the guy that bought the house.

Ferocious Browser

The developer should have offered to tear the whole thing down and rebuild it (doesn't sound like that is what was offered). If the soil underneath is bad, I am not sure how that can be fixed without a total do-over. Clearly they are capable of building proper homes, wonder what happened with this one....They should have also taken on the debt for that home and paid that mortgage loan.

Omnipresent Warlord

The developer was contracted to do a job and the job wasn't done. If the house couldn't have been built on the land then they shouldn't have tried or brought it to the purchasers attention before construction began. They didn't do it. End of story.

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