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NLV homebuyers sue builder over pig farm odors
Tiffany Brown/Sun file photo
R.C. Farms, Inc., is a pig farm that has been in North Las Vegas since 1963.
Friday, Sept. 4, 2009 | 11:50 a.m.
5944 Tamarack Lodge Lane
Sun Archives
- Law allows restaurants freedom to be charitable (6-18-09)
- Neighbors have a cow over Vegas farm (9-18-97)
Buyers of a North Las Vegas home are suing a home builder, charging the company failed to disclose the presence of an area pig farm that is generating odors the homeowners say are unbearable.
Michael and Sarah Ricci filed suit this week against Atlanta-based Beazer Homes Holdings Corp.
Messages for comment on the dispute were left Friday with Beazer.
The Riccis say in the suit that in March 2006 they agreed to buy a home at 5944 Tamarack Lodge Lane in the Shadows subdivision, east of Losee Road and south of Tropical Parkway.
They say in the suit that under Beazer's development agreement with the city of North Las Vegas, it was required to obtain signed releases from prospective homeowners acknowledging the existence of the R.C. Farms pig farm and that the housing development may be subjected to odors from the farm.
The farm is at 555 E. El Campo Grande Ave., west of Losee and south of Tropical -- an area to the west of the Ricci home. Directions calculated by mapquest.com indicate the farm is a 1.7-mile drive from the home.
But the Riccis say Beazer didn't provide the required information about the farm and after they moved in and noticed the odor, they asked the Beazer sales person who sold them the home about the issue.
The sales person denied any duty to disclose the presence of the farm, reasoning it was too far away from the home to necessitate disclosure, the lawsuit says.
"After several months the smell became so unbearable that Sarah Ricci could not be in her home without gagging,'' the lawsuit charges.
Only after talking with neighbors did the Riccis learn of Beazer's duty to disclose the presence of the pig farm, the lawsuit said.
The suit says the Riccis contacted the Southern Nevada Health District's Air Quality Division and spoke with a pig farm inspector who said hiring a lawyer was the only solution to their problem.
The suit seeks recission of the sales contract. Alleging concealment fraud, it also seeks unspecified compensatory, special and punitive damages for the Riccis' claimed stress, anxiety and embarrassment; and the alleged loss of full enjoyment of their home.
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They did not notice the small of the pig farm until they moved in?
And "...punitive damages for the Riccis' claimed stress, anxiety and embarrassment..."
I feel the same way after reading one of "Birdies" posts. I wonder if I could sue???
That's a bunch of crap. Pun intended. Signed releases or not, there is no way you could go out there an not smell it. It is there all the time. The owners should be on inquiry notice and should be charged with the duty to ask Beazer about the smell. What the Riccis are saying is they would not gag from the smell of the farm had she signed her name on a piece of paper. That area is being hit hard by dropping home values and the Riccis bought at a bad time; i.e., 2006. They are using the waiver as an excuse to get out of a bad deal and home that is proably declined by 50%. The courts should not rescind the contract because of a technicality. Maybe give them some compensation for the smell. However, I hope they lose.
If Beazer lied to them, then there is a differnt story.
I own a home a little farther from the farm than the Ricci's (I'm maybe 3 miles to the north). You get the smell maybe once a month if the wind is in the right direction. It does not come inside the house. It is gone after a short time as the wind changes direction. I thought it would be a big problem but it has not been so. My builder did have me sign a document acknowledging the farm. I can't believe all the homes built right on the edge of the farm. Are people nuts?
PWNED!
What a bunch of crybabies. They were supposed to do their own due diligence and find out about it. These are the same parents that refuse to believe that their little snowflakes will do drugs or drink and drive.
I live in an apartment complex one block from these tools and it doesn't bother me. I rarely smell anything. My daughter never complains about the odor at John Tartan Elementary and it is right across from these tools. The problem is, these people want to live off someone else and will sue anyone. Get over yourselves you morons!
THis is a capitalixt country - not Poland not Ireland or Indiana or Rumonia. We know real estate agents lie like heck, looks at all the empty condos they said were wonderful investments and that they were almost all sold out. The buyers of these houses smelled the pigs way before they singed any forms. Their lawyer knows this in my opinion but then he is a capitalist too. Are we a nation of hand out wanters and copy catters or are we people who have a modicum of thinking ability who stand up and know something. Vegas was not built in a day and the pig farm is not going away in a year of days. Think about the jobs on that farm and all the people who eat out of it. Get a life, Get a probram and smell some coffee and roses for a change. If you want to harp yell at Ensign the cheater, coverupper and hushmoney payers.
It's coming from kxnt's transmitter, that is to the north.
The real estate agent I'm working with told me about that farm months ago when I expressed interest in a few homes near there. Sometimes it does depend on how the wind blows, but I wouldn't want to take the chance. They should win if the builder was supposed to tell and didn't, but nothing substantial. Here I am researching my move from 2500 miles away. Who buys a house and doesn't take a drive around the neighborhood or at least ask around?
I remember this subdivision being discussed in 2003-2004. The question being that the pig farm had been there for years, and why is it their fault that greedy builders wanted to build houses next to the farm? So I think these people may have a valid case. Beazer is your typical scumbag company who cons the City employees, especially during boom times. I hope the homeowners win this case. Can you imagine trying to sell your house? "Oh, that's the breeze from Lake Mead."
When are these people going to realize it is a losing battle. I guess when they were signing that contract for their new home with an ARM not only did thye have their eyes closed but had clothespins on their noses too.
Boo hoo, I bought a house in a stinky neighborhood. Now I'm trying to make a buck. Waaahhhhh!! Somebody call the WAHMBULANCE!!!
ATTN HOMEOWNERS:
Do your research BEFORE you buy your home!! Check out the area BEFORE you sign the closing papers.
Idiots.
If Beazer agreed to provide notices re. the pig farm and didn't, then obviously the Ricci's have a valid argument. But unbearable & gagging? Really? I live closer than they do and only rarely do I even notice it. If you're outside a mile away, you'd really have to strain your olfactory senses to notice it.
Upon looking at this article again, I misread the locatoin the first time.
These people don't even live near the pig farm. Funny that it's only one family complaining, guess they can't afford the mortgage payments any more!
Translation: I am underwater with my mortgage of $250,000 for a property now worth $150,000...oink oink!
Ok just by all the farmers pigs then end of story! If you don't like the smell everyone chip in and buy the guy out. After he is gone you can plant roses and plumb trees to make your neighborhood smell better. Im sure with the price of pork declining he would be willing to sell for the right amount. Each homeowner can put up say $25,000 each should cover it.
In Bakersfield, Ca. It is dairy farms getting all the flak. But those who complain the loudest (after buying a house with a clear view of the dairy) will also complain the loudest if milk cost went to 10 bucks a gallon if the dairies close. Then there's the folks who bought near the airport, or the railroad. The TV news stations seem to prowl for this kind of story to stir the pot. Oh, one more thing, I lived on a pig farm once, Sure it smelled, sure there were flies, but the pigs never played their stereo too loud, never spray painted gang symbols, never reqiured a police call......Pigs are pretty good neighbors, and they taste good too!
i don't know if they HAD to disclose that farm. they have to disclose airport, gambling, etc., but i really don't think they HAD to disclose that farm.
they'll lose this case BECAUSE it is 99.99999% likely they had a final walk-through with their initials on what needs to be painted, etc.
if they didn't put "smells bad" on that walk-through document, they will probably lose their case.
i moved in to my home only to find a liberal living next door and they smell worse than the pigs. can i sue as well?
greedy developers? hardly.
i guess when someone makes money and you don't...you call the other person "greedy".
This is about the same as people that live near the NLV airport, and then complain about all those aircraft near their homes.
Who was there first?
Due diligence, my friends.
These people are a joke. How can you not notice the pig farm smell if you are east of it? They are just under-water on their mortgage and looking for an excuse to get out of it and have it paid off for them.
The only people dumber than someone who builds homes near a pig farm are the people that buy them!
If Beazer was obliged through an agreement with NLV to obtain a signed release, and subsequently failed to do so... They will own a few homes 1.7 miles from a stinkin' pig farm.
These idiots will not win. They did not do their homework. The builders cannot control the breeze and where the smell goes. These pansy homeowners are just trying to get out of a mortgage they are upside down on. It's pathetic. Sue, sue and sue some more. LOSERS!!
#1 sign you are a moron: you buy a house next to a 50 year old pig farm and then complain about it
I know the cure for the Ricci's odor problems. If their mortgage company modified their loan to match the existing price, the odor will disappear like magic. I bought a home about 5 miles away in 2007 and if the Riccis win, I will start smelling the odor too. How about that?
I'm familiar with that area. I never understood thepeople who bought the homes right across the street on El campo Grande. maybe the builder, who was Centex, told the buyers that the farm was going to be sold and torn down,rumors have gone around aboutthat for a while, and the buyers fell for it.
RaceCar
the thing is these people are NOT next to the farm,they're over a mile away.
Last year after Halloween I took about nine huge pumpkins that had been used as decorations over to the Farm, as I know pigs love pumpkins. I drove through the neighborhood I was amazed that anybody would live over there.
After I dropped the pumpkins off (I had to park in the dirt at the farm) I noticed the smell was still on my truck. I had to wash my truck to rid it of the smell.
Having said that, Caveat Emptor.
An unethical home builder in Las Vegas?
its too bad the new homeowners didnt have the smarts when they bought. is 'stupidity' insurance available when you buy a house in vegas?
Guess they left their sense of smell home when they went to look at the house. I don't pity the STUPID.
The pig farm was zoned properly when it went into the pig faming business. The developers went before zoning to develop single family developments. The school district then followed and decided it would be a wonderful place to build schools for the children I am sure the pig farmers land is some of the most expensive in the valley and he is ging to get top dollar.
Reminds me of the guy who bought a 1928 Porter and found out his mom was talking to him through the radio speaker...
spORt's!
These people purchased their home for $355,000 in 2006 and it is now worth $135,000. They probably took out 100% financing, 1st and 2nd interest only loans and this is the only way to get out of their mess that THEY created. Instead of the economy getting better, it's only going to get worse from greedy people like them. Here is the link to the Clark County websit for what they purchased their house for: http://redrock.co.clark.nv.us/assrrealpr...
who in there right mind would by a $250,000 home when the home, in the first place, is only worth $100,000 at most? What clowns and tools. Buy a home next to a pig farm and what do you expect? Buy a home next to a school what do you expect? Buy a home next to a nuclear plant what do you expect? I mean, people are getting more and more stupid.
After thinking about this situation. I would be willing to help the Ricco's. I could buy the home on a short sell deal for what the home is actually worth, $95,000. I would let them live there for about $1200 per month for a 12 month lease.
PaLeeeeeeze! That is like the people in Henderson complaining about the chemical plants. The people by the airport complaining about the airplanes. Buy a house by a pig farm and think you have a special complaint? I think not. It took 3 years to smell it? Funny...that farm has been there a lot longer than most of the people in this town. I know the people that own pig farms and live on those farms in the mid-west don't "gag" in their homes. I am sure the Combs family doesn't "gag" in theirs either. I have been to the pig farm several times...and I certainly didn't "gag".
The pig farm owners should sue the homeowners for moving in next door and being so STUPID! It might rub off on the pigs!
Out of court settlement: Each homeowner will adopt 2 pigs, and put them up in their spare bedroom.
A pig farm..
MMMMMMMMMM stinky stuff.
I owned a pig farm a few years ago. Smart people would come up and ask questions before they bought in the area.. I think this is a case of LOOK BEFORE YOU LEAP... My neighbors now smoke stinky weed. Can I sue them for stinking up the air around me?? If so then I will buy a home next to the pig farm. I have very little sence of smell..
Hay that might work.
Thank god the recession hasn't put slimy lawyers out of work. They just switched from personal injury to bankruptcy and mortgage "adjustments". That keeps the courts busy, giving employment to all those bailiffs, recorders, etc. We should thank those lawyers for stimulating our local economy. Keep up the good work.
In a wreck, need a check?
You know who to call.
One call, that's all.
Call Porky Pig!
people buy a home next to an airport or base,then complain of noise,they buy next to a pig farm and complain of the smell,what a bunch of IDIOTS.common sense use to be common,now it's an oxymoron.
When we bought our house, the Realtor did not inform us that the young neighbor lady next door liked to "skinny dip." This causes a great distraction for me. Also, my toes are getting sore by trying to stand on them. Can I sue???
Moral of this tale, buy a home in well established neighborhoods, Scotch 80's or Spanish Hills, and you won't have this problem. You could maybe even have a nice house with a yard for the same overrated price for small windowed no land home by a pig farm.
BTW, if the people still have their paperwork when they signed for the title, they can find if it does have the pig farms locations nearby. If it doesn't, then they could sue. But most people couldn't find their title paperwork even if it was next to the toilet paper. Same goes for those idiots that didn't look on their paperwork for the gun range that was planned since 1984. I wonder if any of these people could get free pig fertilizer from the pig farm?
fosimmons:
Is that post for real? Look, I'm not saying you have to hire a professional proof reader before you post but......
Is English your 4th language?
Also, tell me how you get through life without the benefits of "capitalixt"?
http://lasvegas.blockshopper.com/cities/...
The real reason they are suing.
This whole discussion... STINKS!!!
Talk about crazy. How can anyone possibly complain about the odor now? Everyone knew the pig farm was there.
Besides that, pigs have rights too. Let's protect the pigs.
Just like Sarah Ricci. I "could not be in [my] home without gagging" if I knew I paid $355k for a home that's now only worth $155k.
That would make anyone sick.
Even they are good business that we need pig farm, even they are very old in that area and even they have the right to stay there. But, we can't avoid the fact that the area needs to develop for the people who need housing and followed by needing a good air environment.
In my understanding, the people are not putting blame on the owner to decide to exercise his right to stay. But, THE OWNER SHOULD ALSO BE AWARE OF THE SMELL THAT BRINGS TO THE PEOPLE ESPECIALLY TO THE CHILDREN. The smell is really really nuisance. I don't know what word to say to describe the smell when it attacks".. it can not really be stomached.
It is not the matter who got there first, but it matters most the welfare of the people now that the area is developing.
Yes, you are right that you're the first to build your farm there, but we are in the 2010 and you know the fact that the population is increasing and of course they need housing.
It is just one against many. For me, just think of the many especially the many children who are being deprived of breathing good air and going out of the house to play for long and not only for own welfare.
I think the government will do something for you to relocate in a much better place that no people will be affected by the smell. This does not mean people are petitioning to close the farm, but just to relocate in a much appropriate place. Or, if you stick to your decision, I am calling the attention of the government to really regulate the farm for the smell bringing to the community. I have heard even Al Camino del Norte residence have smelling that stink.
That way, YOU and THE PEOPLE will both RESOLVE THE PROBLEM. One has to give way for the welfare of many.