FOR RELEASE: JUNE 27, 1991 KAUFMAN AND BROAD HOME CORPORATION AGREES TO SETTLE FTC CHARGES BY PAYING A $595,000 CIVIL PENALTY The Federal Trade Commission announced today that Kaufman and Broad Home Corporation (K&BHC) of Los Angeles, a homebuilder, has agreed to settle charges that it violated a 1979 FTC order by failing to make warranty repairs in a timely manner. Under a proposed consent decree filed in federal court, the defendant would pay a civil penalty of $595,000 and would be prohibited from violating the FTC order in the future. The FTC issued a cease and desist order against Kaufman and Broad, Inc., and two other respondents, in February 1979. K&BHC is required under the order to repair, replace, or to pay the cost of repairing or replacing major construction defects and other defects in its homes in accordance with its warranty, and to do so in a timely manner upon receipt of written notice of the defects from the purchaser. The order also requires K&BHC to make available to prospective purchasers who visit its sales offices or model homes a disclosure statement that informs them of a number of items, such as: -- whether soil tests were conducted on the land used for construction; -- the name, address, and telephone number of the local school district; -- the most recent official tax rate and estimate from the local assessing authority; - more - (Kaufman & Broad--06/27/91) -- a list of available options and construction features and whether they are available for the particular home the buyer has chosen; and -- a statement setting forth arrangements for repairs as well as the procedures for settling disputes under such warranties. The 1979 order also requires K&BHC to secure a written acknowledgement from each purchaser of its houses stating that the purchaser received the required disclosure statement. The FTC's complaint alleges that K&BHC violated the 1979 order over a five-year period by failing to repair, replace or to pay the cost of repairing or replacing a major construction defect under the defendant's warranty on a number of single- family homes in Riverside and Corona, CA.; failing to make or pay the cost of making repairs in a timely manner after receiving written notice of defects from purchasers of homes in Riverside, Corona, and Fontana, CA.; and failing to make available to purchasers the disclosures required by the 1979 order. K&BHC also failed to secure required written acknowledgements of some disclosures, the complaint alleges. The proposed consent decree, filed in court along with the complaint, would settle these charges. In accepting the settlement, the Commission noted that K&BHC has made a substantial settlement with a number of affected homeowners in private litigation. The Department of Justice filed the complaint and proposed consent decree in the United States District Court for the Southern District of California in San Diego. The consent decree will not take effect until it is approved by the court. NOTE: A consent decree is for settlement purposes only and does not constitute admission of a law violation. Consent decrees have the force of law. - more - (Kaufman & Broad--06/27/91) Copies of the complaint and consent decree will be available soon from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; (202) 326-2222; TTY (202) 326-2502. # # # MEDIA CONTACT: Howard Shapiro, Office of Public Affairs, 202-326-2176 STAFF CONTACT: William S. Sanger, Bureau of Consumer Protection, 202-326-2996 (Civil Action No. 91 0872-K (BTM)) (FTC Docket No. C-2954) (kofbrod)