Legal Question in Criminal Law in Mississippi

What Crime Here?

We recently had a new home built.

Had multiple probs w/builder (shoddy work, no ret. calls, sub-code, etc.). We even came close to blows on the morn. of closing (he demanded a final walkthru at 7am on day of closing, & basically laughed when we showed him the countless prob's with the house).

The next day, after the closing was finalized, & we were handed the keys, I called the builder's office & talked to the office mgr - to make SURE they had NO more of our housekeys. He said, ''he was almost 100% 'no', but he wd. check & call me back.'' He called back & ASSURED me: ''they had NO MORE KEYS.'' Several days later, I came home, opened the front door, and INSIDE OUR LOCKED HOUSE, was a folded paper on the floor. The builder's supt. (whom we also had prob's) had used a key & had come in our house!!

He had hand-written this strange list of items (that were to have been changed weeks ago), & a note on the back of his biz card - saying, 'sign it & get it back to him'! 1st - it was worthless anyway - the changes had BEEN made, 2nd- we'd already signed a TYPED (identical) version of this in their OFFICE (way back)! His muddy footprints were all over the house. Not sure yet what's missing or not. Isn't this more than just Trespass?! Thx


Asked on 4/01/09, 9:45 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

Re: What Crime Here?

This may or may not be trespass, depending on whether or not the builder's representative thought he had a legitimate reason to be on the property. I would suspect the Court would not convict him of trespass. However, with the muddy prints it may constitute "negligence" in that he had a duty to protect the premises and failed to do so. If a reasonable person would have either cleaned the boots or would have removed them, (or refrained from entering all together) then a jury may conclude him to be negligent in the manner in which he damaged the interior of the premises. Notwithstanding that, you may (and probably will) find that the damages from the muddy footprints are too small to warrant intervention by a Lawyer who would file a lawsuit and incur the time/expense of the same to collect for carpet cleaning fees.

As to the "shoddy building" whether or not contractor fraud occurred is another issue but you do not provide sufficient facts upon which a valid conclusion could be made in your narrative. More facts are needed.

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Answered on 4/05/09, 1:03 pm


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