Here it is.

Here is the evidence that the “Addendum” that Finke Homes, Inc. and their legal counsel outright misrepresented to the Boone County Circuit Court. It's Finke Homes, Inc.'s own documentation.

Keep in mind that Finke’s legal counsel stated in their “Memorandum of Defendants in Opposition to Plaintiff's Motion to File Response Out of Time and in Support of Motion to Compel Arbitration”, Finke’s attorney articulates the following:

“Contrary to plaintiff’s contention, the addendum modifies the contract with respect to two separate and distinct matters – radon and arbitration of disputes. The arbitration clause is an entirely separate paragraph which does not mention radon and which does not limit disputes only to disputes involving radon. Rather, the separate arbitration clause........"

During the contract signing on May 11, 2002, Ms. Keiper and I directly observed that Debra Blakey showed a form that dictated the order in which certain forms were executed. This form is titled “SALES CHECKLIST.” As you can see, the first item on this checklist is the “CONTRACT.” Number two is the “ADDENDUM.” However, it is not the addendum, that up until this point, I and Finke Homes, Inc. legal cousel is referring to. The “ADDENDUM” on this checklist is referring to the “ADDENDUM TO CONTRACT OPTION SHEET.” This Option Sheet was, in fact, the second document executed during the process and clearly this form is, in fact, the “ADDENDUM” the checklist is referring.

The third, fourth, and fifth items did not pertain to the contract process in Ms. Keiper’s case and is correctly marked “NO” as the completion of this document. Number six refers to the actual third document executed and pertains to “MARKED UP BROCHURE” specifying selected options that match those relevant selections identified on the “ADDENDUM TO CONTRACT OPTION SHEET.”

Number seven on the checklist is identified as the “SIGNED SPECIFICATIONS.” This was, in fact, the fourth document in the process that was executed.

Number eight on the “SALES CHECKLIST” in plain English is a document that Finke Homes, Inc. and through their authorized agent presented the “RADON DISCLAIMER.” It was at this time in the process that Finke Homes, Inc.'s agent referred to the “PEBBLE CREEK SUBDIVISION ADDENDUM.” Finke Homes, Inc.'s agent at this time stated that Finke Homes had some issues with radon gas in the Pebble Creek Subdivision and was sued over those issues. Finke Homes, Inc.'s agent also stated that there was some negative publicity relating to this issue, and since then Finke Homes, Inc. is requiring this “radon gas addendum” as part of the contract. Finke Homes, Inc. agent went on to say that if you had any issues relating to radon gas then you agree to arbitrate instead of going to court.

Therefore, based on Finke Homes, Inc.'s own documentation of the sales process, this document is referred to as a “RADON DISCLAIMER.” It does not refer to it as an arbitration agreement or a radon/arbitration agreement/disclaimer.

As I have stated before, you take the verbal statement that Finke, Homes, Inc.'s agent stated as it relates to this document, and Finke Homes, Inc.'s own document referring to it as an “RADON DISCLAIMER” in addition to the plain concise English language the fifth and last concluding paragraph (just before the signature block) that reads:

"Builder makes no warranty or representation of any kind, express or implied, with regards to the presence of radon gas within the homes, which is the subject of this contract."

Then any simpleton can conclude that the statement in the arbitration clause “Any controversy, claim or matter arising out of or relating to this agreement,” is referring to the subject of radon gas.

Finke Homes, Inc. and their legal counsel outright misrepresented this point to the court, and Finke’s own documentation proves that this “Addendum” referred to by their legal counsel refers wholly and indivisible to the claims of radon gas.

Furthermore, we have names of homeowners that I will be posting on this web site that will acknowledge the fact that Finke Homes, Inc. made this misrepresentation of the Radon Disclaimer and the Arbitration Clause contained in the Disclaimer as it relates to radon gas.

If you are a Finke victim that had this misrepresentation made to you, then I would like to hear from you. Please email me at cyberthinker@insightbb.com. Please keep in mind, if you do not wish your name to be made public, I will not post anything to this site without your complete authorization to do so, and unlike any of the Finke’s, I promise to keep my word.