by Jeff Sovern
Here comes a self-serving post. In my view, legal education raises significant consumer issues for its chief consumers, students (you could argue that the clients that retain the services of law school graduates are also consumers of legal education, but for purposes of this post, their interests are the same and so the distinction is irrelevant). The focus of this blog is usually on issues pertaining to a larger group of consumers than law students, but because many readers of this blog are law professors or lawyers (i.e., former law students), the readers of the blog may be interested in consumer issues involving law students. In addition, higher education in general may face some of the same consumer issues and so the issues may be of broader concern. Many of these consumer issues are familiar to law professors and lawyers may be aware of some of them as well; they are frequently discussed on Brian Leiter’s Law School Reports blog and by Brian Z. Tamanaha on the Balkinization blog, among other places.
In any event, in an effort to dramatize these issues and make them more vivid, I put on my playwright hat (I am an extremely minor playwright and have written a few plays, none of which has received a production, though three have been given staged readings), and wrote a fifteen-minute play about consumer protection for law students. The play has serious flaws, I’m sorry to say, but I think it brings the issues into a clearer focus. It’s a work in progress, so I’d be interested in comments about the content, and for that matter, the idea of using this format as a way to comment on legal matters.
Curious about what the consumer issues that I keep referring to are? You can get a hint from the abstract:
Sellers in a competitive market shift resources from attributes buyers don't care about to attributes buyers do care about. In markets in which buyers rely on imperfect signals for quality, sellers move resources away from improving the quality of their product to enhancing the illusion of quality. For example, before freshness dating, when consumers tested the freshness of bread by squeezing it, bakers reportedly added chemicals to bread to preserve its softness longer, thereby creating the illusion of freshness. Similarly, law school rankings encourage schools to shift resources away from improving the quality of the education they provide in favor of investing in improving their standings in the rankings. Consequently, under the guise of serving the market, rankings which are based on the wrong criteria are likely to subvert the market because they both fail to measure accurately the quality of a school's education and reduce the quality of legal education.
This piece dramatizes some of the ideas discussed in the preceding paragraph. It takes the form of a fifteen-minute play with three characters: a law school dean, a junior law professor, and a law student. The play illustrates how the incentives created by a ranking system could affect law schools and their administrators, faculty, and students. The play format is intended to make the ideas expressed more vivid.
If you want to know more about the consumer issues, you can read the play (which, I emphasize, is short) at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1097602. And if you get the impression that I want people to read it and comment, you’re right. I’m curious to learn whether writing this was useful or a waste of time.
I have a home that I have been complaining about since the first week of move in (Clarksville TN) built by Blackwell and Blackwell Construction (William Eric and Christopher S. Blackwell (brothers). It's in Arbour Greene South off of Tlyertown Rd. It's a brand newly constructed home. I've gone to BBB, Consumer Affairs, FTC. Also the Homeowners Association (told me they wasn't in the association) and Real Estate Association who never contacted me, the real estate company (Keller Williams's CEO Mr. Aken and the Mr. Kelly) who never contacted me, even after I sent them emails and a packet with pictures. I at least thought they would want to know all the fraudelent things taken place with the builders who they allow to carry their agency's name on the homes they built.
I've always tried to communicate with the builders, but even more so after finding out they're not licensed, but, they will not contact me back, despite the several certified letters they've signed for. The Title company (Sykes Title) knows everything, to include the fact that the contracts signed and the deed can't be legal, because the builders wasn't ever authorized to sign them, only the father. The seller for the Blackwell home's is just as involved (Eddie Ferrell-who was right there at closing), and highly upholds and defends the builder's, he also works for Keller Williams.
My home is falling apart inside and out. It was in Dec 07, when I found out the builders wasn't licensed. The builders have been using their father's license, William S. Blackwell, (who is the actual license holder). The father isn't in the business and hasn't been in years, but he some how managed to provide the board with financial statements in order to renew his license each year (for the son's usage). The Licensing Contractors Board has fined them and ordered a cease and desist. You can see this if you go to Tn Licensing Contractor's Board under disciplinary actions for April 08. Despite all the permits they've gotten to built homes on their father's license, the father was fined only $3000 after the board pulled 3 permits and gave them 3 citations, totalling $1000 a piece. I asked the board, why couldn't they fine them for every permit they got? But, of course I was told the limit they could do in house was $3000 but it was the board's counsel who could give civil penalties, but they didn't. He was only fined $3000.
The board told me; that since the father is the license holder and the son's are listed as EMPLOYEES only, that the father is the only legal one who was authorized to sign the contracts at closing etc. All my paperwork signed and contract, doesn't have the father's name on it anywhere, only the two sons. I provided copies to the board, this is when they violated the builders (actually fining the father). Not only did I get into a loan by signing false documentation at closing, but I am stuck in a mortgage loan and the house is very defective (built by builder's who represented themselves falsely).
My home is not defective in one or two places, but multiple. All door frames and window frames are cracked around the entire frames, garage floor has a crack the entire length of floor leading down the driveway, then there are additional spider web cracks throughout the floor plus outside the entrance corners of the garage. None of the doors fit properly you can see light around the entire door frames. The ceilings has sags, cracks and bulges throughout the house. The baseboards throughout in places are pulling away from the walls. The walls have bulges, cracks and nail holes. The floors are soft and pops badly in places throughout the house. The bannister rail leading to the bonus room is loose etc. I can go on and on without any exaggerations. With all the problems there has to be some structural damage, because the brick base foundation has many cracks around the entire home on the outside and now the inside of the garage is cracked around the entire room and the brick base inside the garage has cracks around the entire room. I've had trouble with the heating and cooling system from the first week, they've been out atleast 5 times and the system still doesn't work right.
Although the attorney fees quoted are outrageously high, it looks as if I will have to end up paying someone. I am also a disabled veteran and this has been major hell and stress for me, because the VA said "they can't help because they really don't give loans." The VA, because one of the builder's reps. provided the VA with a email from me that stated that I said "I didn't trust them or want them in my home again and I was contemplating suing, the VA, said they couldn't do anything else. I was upset, because the VA failed to remember that the Blackwell's never provided them what they had fixed despite the many request from the VA, and the fact that in Jan 07 (6 months after I bought the house), the Blackwell's sent me and the VA rep a email saying that they had fixed all that they intended to and was not coming back. I sent the email to them around Sep 07 that I didn't want them back in my home (only after I had begged them months and months to come and they wouldn't and when they did send the subcontractors to fix the few items, the work done was so insufficient, but the builder's REFUSED to come out to see the repairs). So yes, I was absolutely frustrated by then and the only reason they asked to come out, was because by then I had written everyone I could think of and the VA started back contacting them. This was all before learning of all the illegal activity and the builder's being unlicensed.
The BBB put them on the unsatisfactory list because they wouldn't respond to them when requested. Consumer Affairs, Jim Gallery, (prior to me finding out about the unlicensed activity and everything else), told me "the Blackwell's were uncooperative, therefore they could not mediate. Then they told me flat out, they couldn't help me after I contacted them again, once I found out the other information about the Blackwell's not being licensed, etc.
I wrote the Attorney General before and after knowing about the activity and got two letters back saying that he could not help me. I've contacted the FTC, HUD, Consumer Actions, the Governor, TBI, and many more.
I finally spoke with the building codes and permits director (Apr 08), by phone, Mr. Jim Pillows who is the Director. He told me that William S. Blackwell, the father, had a paper on file there with the department, that stated that the son's were authorized to get the permits under his license (yet this man's not even in the business). Mr. Pillows stated that they were not aware that the father wasn't in the business any longer and that Mr. Blackwell's son's weren't licensed. He stated that now since the department knows, they wouldn't be giving anymore permits to them. He also apologized to me.
In TN you can't build as a contractor without a license, if the project is over $25,000, my home was $139,900 and I pay over $1000 a month. So I am very outraged and stressed out over all of this. In the beginning the builders had a few things fixed subcontractors, the work was so shabby, however the builder's wouldn't even come out to look at the subs repairs, despite the many times I requested. I had 2 home inspections, the initial one, then one 3 months later. The builders really haven't honored them or the home warranty.
4/19/08 I sent the builders, the father, the seller, and Title company. The letters were the last certified letters I intended to send to try an settle. Then I was told by someone to make a phone call as well. The father (the one who allowed all of this illegal activity) told me "to do what I have to do!" The son's never returned my call. Sykes Title Company refused my certified letter (it came back refused to accept) and they didn't return my call (I've contacted the Title company 4 times) and they have yet to respond! The seller hasn't responded either.
The Shocker: On 22nd May 08 Ms. Lazenby who is the Board's Director contacted me and told me that the father (Mr. Blackwell) and one of his son's appeared in Memphis, TN before a board member. She stated that "the Blackwell's said they weren't aware that they couldn't use the dad's license and that as soon as they got the cease and desist, they stopped building. The killer is this; Ms. Lazenby said "it was recommended that the son's receive a civil penalty and that they (the son's) were approved to receive a license within 6 months. I CAN NOT BELIEVE IT. I was so upset, I cried after reading it. I expressed to her how upset and in disbelief, disappointed, you name it, that I was.
I asked Ms. Lazenby for the person's name that the Blackwell's stood before, because I wanted to see how on earth could they have made that decision! I asked her how could the board believe that the Blackwell's didn't know, when it lays out the guidelines for licensure on the board's website plain and clear. Not only that, it clearly defines the procedures if the license holder is no longer in business, they must inform the board, and if they turn over ownership, the individual (new owner) must get their own license. Now, if I can read it and understand it. Why would the board believe that the Blackwell's didn't know? They been in the business for years!
Then I asked if they didn't know, why did Mr. Blackwell, not inform the city, that he wasn't in the business any longer? Why didn't Mr. Blackwell, let the board know that he wasn't in the business and hadn't been in years. Why didn't he stop providing the Board with financial statements every year to renew his license, knowing full well, he wasn't in the business? Why didn't the son's provide them with the paperwork instead, since they were the one's building and selling, the homes? They knew it was wrong! Any and everyone has the sense to know you can't just take over someone else's business if you, yourself is not licensed to run it. COMMON SENSE! For instance, it's like driving a car, you can't drive my car, because I have a license. You have to have your own license and your own insurance if you're not put on someone else's insurance, but you definitely have to have you're own license. It's all legality and they knew it.
She finally wrote back and provided me with the boards attorney's email. I contacted Ms. Beth Tarter and I said, "you are a attorney, how could you say, that the board couldn't discipline the son's because of poor workmanship, when that was the initial complaint since Sep 2006 up to now? Then I asked her all the questions I wrote above to Ms. Lazenby. Then I begged her, just as I have begged Ms. Lazenby and Ms. Roberts since Dec 07 to revoke the father's license permanently and not allow the son's to get a license. She never did respond.
If you go to the board's website and go to lookup contractor's license. You'll see, William Eric Blackwell's name as applicant for licensure and if you scroll down, you'll see that William S. Blackwell (the father) is still listed as having an active license, despite all the illegal activity he's done, plus, HE'S NOT IN THE BUSINESS!! I DON'T GET IT! How could the board allow this to happen?
On 27th May 2006, I had a 2 1/2 hour long interview with Channel5 investigate reporter. Hopefully every homeowner whose in a Blackwell and Blackwell built home will get the news about all that has happened and the fact, that the board will allow them licensure within 6 months, DESPITE all the fraudulent activity that has taken place.
I will be joining with Blackwell homeowners and letting them know about all the information, to include the contracts they have signed by the son's really shouldn't be binding, because had we known about the Blackwell's activity, none of us, would be in the mortgage loans. We all entered into them under false pretense and misrepresentation on behalf of the builders, the seller, and the title company. I feel this very strongly! If if wasn't true, being lawyer's and professional's, the least the title company should have done was contacted me about my accusations or something (although I provided the board's info etc for verification), instead those chose not to respond at all.
I forgot to mention that in April 08 I contacted the Clarksville, Business office and was informed that there was no record of a Blackwell and Blackwell Construction, Blackwell Construction or William S. Blackwell or the son's as a business. I was also told that in Clarksville, you must have a business license to do business over $3000. I spoke with a Ms. Polley. She informed me that she would be forwarding my info to the audits and tax enforcement officials.
I tried to inform the board that I was told my another homeowner of a location the builders were supposedly still building during the cease and desist. To my surprise MY EMAIL WAS REJECTED, I CAN NO LONGER COMMUNICATE WITH THEM (at least not from the email I normally used). Wow!! This is all so weird and unbelieveable to me!
I also contacted the board's attorney with names and addresses of individual's who live in the homes that the Blackwell's built since the cease and desist, but received no response back from her. The Blackwell's told the board that they stopped all work when they got the cease and desist and it's not the truth! The Blackwell's and Eddie Ferrell are still being allowed to sell homes to this day and today is 10 June 08, yet the board itself is the one who told me that they are signing paperwork illegally at closings. So what about all the homeowners who have gotten into mortgage loans under false pretense and falsification of paperwork by the Blackwell's and Eddie Ferrell and the Title Company, because the title company knows everything, yet they are still performing closings.
Posted by: Celoris | Wednesday, June 11, 2008 at 04:20 PM