Free Brief (Non Appeal) - District Court of Arizona - Arizona

EXHIBIT 1
Case 2:O4—cv—OO384—ROS Document 478-2 Filed O4/27/2007 Page 1 of 4

" i Mario Atkins declares:
l. I am a resident of Arizona and an active duty recruiter for the United States
" Marine Corps in the Phoenix metropolitan area.
2. I grew up in the Phoenix metropolitan area, and retumed to live here
approximately a year and a half ago.
I 3. As described below, I have personal knowledge conceming solicitation and
marketing of single family homes in Buckeye, Arizona by Rick Hancock Homes.
4. In 2004, I was shopping for a home in Buckeye. I was living in Sundance, a
development in Buckeye, and I wanted to buy another home there. I took great
care in researching and viewing the homes built by the various builders at
Sundance.
5. Through my research and observations, I learned that Meritage had purchased the
Hancock Communities company and that the merged company was selling
E properties at Sundance, because I was familiar with the signs in the area that
incorporated both the "Meritage" and "Hancock Communities" names.
6. Based on my familiarity with the Hancock Communities development at
Sundance, I was particularly interested in a Meritage home because I knew
Meritage to be a reputable builder. I was also familiar and impressed with
Meritage’s involvement in the overall development of the Sundance area.
7. I also was familiar with the reputation of Hancock Communities and Meritage
from my own observations and experiences Hom living in the Sundance area, as
well as from my research into the various homebuilders in the area. A Hancock
Communities’ home by Meritage had a good reputation in the Buckeye area and
that it built an extremely high quality home that met or exceeded the value
promises, that its performance exceeded expectations, and that the homebuilding
experience with Meritage was outstanding.
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{ i 8. Also from my research and my own observations, I have become familiar with the
Hancock Communities and Hancock Homes names that Meritage is doing
business under. U
9. In or around the middle of 2004, when driving home and exiting the I-I0 at
Watson, I saw a new billboard for Rick Hancock Homes and believedlthis
company to be affiliated with the Meritage/Hancock subdivision at Sundance and
to be a Hancock Home in a Hancock Community built by Meritage. The
billboard was just across the I-10 from a Hancock Communities development.
The "Hancock" name was emphasized on the Rick Hancock Homes billboard in a
large font. I do not remember anything on the billboard that told me that Rick
. Hancock Homes was not affiliated with Meritage/Hancock.
I0. I am familiar with the various billboards and advertising flags around the
Sundance Area that Meritage uses to advertise the "Hancock Communities." The
E coloring and lettering on the "Rick Hancock Homes" billboard was very similar
to that of the "Hancock Communities" billboards. I thought that the Rick
Hancock Homes development was related to Hancock Communities.
ll. Based on my belief that Rick Hancock Homes was related to Hancock
Communities, I set up an appointment to have my realtor and I meef with a Rick
Hancock Homes sales person. This was in December of 2004. I was surprised
V that my meeting was with Rick Hancock himself. I complemented Rick Hancock
_ on the Hancock Communities development and he said thanks.
12. I During the meeting, Rick Hancock spent most of his time discussing Meritage
and Hancock Communities and his and his family’s experience building homes
- with Meritage and Hancock Communities. Rick Hancock told usthat this was his
first enterprise in homebuilding after managing home sales for Meritage. He did
not clarify that he was not affiliated with Meritage/Hancock. I left the meeting
believing that Rick'Hancock Homes was a Meritage builder. In my view, Rick
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if W l Hancock represented his experience and expeitise in selling homes for Hancock
Communities and Meritage as part of Rick Hancock Homes and that Rick
~ Hancock Homes was building under the Me1itage/Hancock name. On the basis of
Rick Hancock’s representations, I thought that Rick Hancock Homes was the
same builder as Meritage/Hancock and I expected that the Rick Hancock Home
would be backed by the same Meritage/Hancock reputation for quality, value,
performance and experience. Based on my discussions with my realtor, it seemed
that he also believed that Rick Hancock Homes was the same builder as A
Meritage/Hancock. g
I3. Based on the belief that Rick Hancock Homes was the same builder as
Meritage/Hancock, I entered into a lot hold with Rick Hancock Homes to
guarantee the option to purchase a home in Buckeye.
14. I declare under penalty of perjury under the laws of the United States of America
. L that the foregoing is tme and correct. V . _
EXECUTED ON this day of July, 2005
/(/t A fa.?

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