ALJDEC

99F-C989323-BFS · Department of Building and Fire Safety · 1999-06-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 14, 1999

APPEARANCES: Complainants appeared on their own behalf; Jeff Getz, Qualifying Party, appeared on behalf of Respondent Discount Homes; Palm Harbor Homes, inc. was represented by its Service Manager, Felix Castro.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

This case concerns verified complaints regarding corrective work at Complainant’s manufactured home for drywall cracks, carpet problems, improperly installed linoleum, and fireplace tile that needs re-grouting. The complaints were made against the dealer, Discount Mobile Homes, Inc. (drywall and carpet) and the manufacturer, Palm Harbor Homes, Inc. (linoleum and fireplace grout). All parties were present for the hearing. Based upon the record, discussion between the parties and the Administrative Law Judge, and based upon verbal agreements made by the parties, this ALJ makes the following Findings of Fact, Conclusions of Law, and Recommended Order for dismissal. FINDINGS OF FACT 1. Four complaint items, Items 1a (drywall), 5 (carpet), 6 (linoleum), and 15 (fireplace grout) of the Verified Complaint, are at issue in this complaint against Respondents. Before going on the record at the hearing, this Administrative Law Judge and the parties discussed possible settlement without a hearing. The parties reached an agreeable solution to this complaint. 2. Respondent Discount Homes agrees to repair, in a workmanlike manner, drywall cracks and a small hole in the drywall made by the carpet repairer, who recently worked on the carpet. Complainants are satisfied with the carpet repair and do not request any further work on the carpet at this time. 3. Respondent Palm Harbor Homes agrees to re-grout the fireplace in a workmanlike manner and agrees to repair or replace the linoleum in five areas--kitchen, utility room, master bath, guest bath, and entryway--in a workmanlike manner. 4. Both Respondents agree to complete the repairs on or before July 31, 1999. 5. Complainants agree to give Respondents reasonable access to the home to perform the repairs on or before July 31, 1999, and to close the complaint. 6. The agreement was not put in writing, but both parties agreed to the terms on the record. The agreement is fair and reasonable under all the circumstances and each parties’ assent is determined to be knowing and voluntary. 5. The agreement is incorporated into this Recommendation by reference. CONCLUSIONS OF LAW 1. The law favors settlement of disputes. Litigants should be free to resolve their differences by entering into agreements or stipulations of settlement that should be recognized and given effect by tribunals. 2. The settlement as set forth in the agreement of the parties has been reasonably and voluntarily made, and warrants closing the complaint. 3. If a petition for rehearing of this case is granted, or if a new complaint regarding the issues in this matter is filed, the only issue for determination will be whether the parties have performed their obligations under the terms of this agreement. RECOMMENDED ORDER In view of the foregoing, IT IS RECOMMENDED that the Citation and Complaint filed by Gary and Lisa Smith against Respondents Palm Harbor Homes, Inc. and Discount Mobile Homes, Inc., Case No. 98-9/323, be closed.

Done this 14th day of June 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of June 1999, to:

N. Eric Borg, Director Department of Building & Fire Safety E. Virginia, Suite 100 Phoenix, AZ 85004 ATTN: Michelle M. Castaneda

Copies mailed this ___ day of June 1999, to:

Gary & Lisa Smith 3509 N. 359th Ave. Tonopah, Arizona 85354

Jeffrey Getz, Qualifying Party Discount Mobile Homes, Inc. 6940 N.W. Grand Ave. Glendale, Arizona 85301

Steven Miller, Qualifying Party Palm Harbor Homes, Inc. P.O. Box 3169 Tempe, Arizona 85281

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826