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.”
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