N.C. AG announces consent judgment with home dealer

By Bryan Cohen | May 9, 2013

RALEIGH, N.C. (Legal Newsline) - North Carolina Attorney General Roy Cooper announced a consent judgment on Wednesday with a Robeson County-based manufactured home dealer that allegedly sold unsafe homes and failed to deliver homes.

Under the terms of the consent judgment, McMillian Properties and its managers, Bradley and Sherry McMillian, are barred from moving, financing, selling, marketing, repairing or setting up manufactured or modular homes. If the defendants violate the court order, they would owe $100,000 in civil penalties. The McMillans and their company owe $359,015 to consumers as part of the consent judgment.

"Tricking consumers into paying for homes that aren't safe to live in is unfair and illegal," Cooper said. "Homebuyers who were treated wrong now have a chance to get some money back, and I encourage any consumer who may be eligible for a refund to file a complaint with my office today."

Cooper's office and other state agencies received complaints from 52 consumers about the McMillans and their company. Cooper filed a lawsuit against the McMillians in June alleging multiple violations, including taking consumers' money but failing to deliver homes as promised and selling uninhabitable and damaged homes.

Cooper's office has not been able to collect any money from the McMillians. McMillian Properties was required to post a bond to receive a license from the North Carolina Manufactured Housing Board and the board agreed to let the bond company pay $35,000 in bond money to Cooper's office. Cooper will use the bond money for partial consumer refunds.

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