AG Cooper goes after shoddy manufactured home dealer
Release date: 6/18/2012
McMillian Properties can’t take new orders until previous customers are satisfied
Raleigh: A Robeson County manufactured home dealer cannot take new orders or accept payments until all previous orders have been filled or consumers have gotten their money back, Attorney General Roy Cooper announced today.
“Consumers deserve to be treated fairly when they buy a home, and they deserve homes that are safe to live in,” Cooper said. “People should get what they paid for and receive a refund if they don’t.”
Cooper filed suit last week against McMillian Properties of Shannon and its manager, Bradley McMillian, for a variety of violations including taking consumers’ money but failing to deliver homes as promised and selling damaged homes that were virtually uninhabitable. He is seeking a permanent ban on the defendants’ unfair business practices, refunds for consumers, and civil penalties.
Under a consent order
approved by Wake County Superior Court Judge Paul Ridgeway, McMillian Properties and Bradley McMillian have agreed to major restrictions on the company’s operations while the lawsuit moves forward. In addition to the ban on new orders and payments, the court order also bars the company from misleading advertising about the condition of homes, making inaccurate statements to customers about repairs, home conditions, or delivery dates, and destroying records or transferring assets.
As alleged in the Attorney General’s complaint, McMillian Properties regularly misled consumers about the condition of the homes it sold. Many of the homes were unfit to live in due to mold and structural problems. When consumers complained, the company promised to make repairs but failed to keep their promises.
Cooper contends that some consumers never even received their homes from McMillian Properties, despite having paid for them. Instead, the company offered excuses about why the home couldn’t be delivered, and refused to provide refunds.
For example, as explained in an affidavit filed with the complaint, one 93-year-old woman paid McMillian Properties $25,000 for a manufactured home so that she could move out of an assisted living facility. The home was supposed to be delivered by February 1 but Bradley McMillian repeatedly told the woman’s neighbors, who were helping her make the purchase, that it was delayed due to bad weather and other excuses. In their final conversation, McMillian claimed that he was about to leave to pick up the home. The callers were outside and could see that McMillian and his equipment never left to go get the home.
A total of 20 consumers filed complaints with the Attorney General’s Consumer Protection Division and other state agencies about McMillian Properties.
“Across North Carolina, lots of companies do right by their customers but those that don’t give business a bad name,” Cooper said. “If you think you’ve been treated unfairly by a business, let my office know about it.”
Consumers can contact the Consumer Protection Division
or toll-free at 1-877-5-NO-SCAM.
Media contact: Noelle Talley (919) 716-6413