MD Modular Home Builder Faces Legal Action for Deceptive Practices

Maryland’s Consumer Protection Division’s Home Builder Registration Unit filed charges Tuesday, Nov. 26, against Fusion Modular Green Construction LLC for accepting deposits and payments from Maryland consumers and then failing to fulfill contracts or refund payments. Fusion was featured on Extreme Makeover Home Edition.

Attorney General Douglas F. Gansler announced Nov. 26 Fusion Modular and its owners, Joshua Samuel Sims and William E. Sims III, are charged with failing to comply with Maryland’s Home Builder Registration Act, Custom Home Protection Act and Consumer Protection Act. The statement of charges against the company and its owners include accepting deposits and payments from at least three consumers in Anne Arundel and Montgomery counties and then failing to begin or complete construction of the homes, pay subcontractors, or refund the deposits and other advance payments paid by consumers. The builder also failed to disclose to the HBRU lawsuits filed by subcontractors concerning the company’s building activities.

A hearing on the statement of charges is scheduled for January 24, 2014, at the Office of Administrative Hearings. The HBRU is seeking to prevent the builder from engaging in deceptive trade practices, as well as restitution, damages and civil penalties for the alleged violations.

“Maryland law is very clear: home builders must protect deposits and they must honor their commitments to home buyers,” said Gansler. “Our office will seek severe sanctions against builders who fail to properly handle consumer deposits and who do not operate their businesses fairly and honestly.”