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Please let us know what has happened to you, and let us know if you would like to help us make buying new houses safer.
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Shelia Cruz
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posted 1 February 2006 09:29 CET
Before my one year warranty was expired on my new construction I experienced numerous water issues. Water is entering through windows and cracks in the foundation. The Builder fixed one crack twice but refuses to fix the other stating that he is not married to the house and that he has been patching since i moved in and will do no more. The builder is Joe Fidelle in Staten Island NY. |
Shelia Cruz
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posted 1 February 2006 09:28 CET
Before my one year warranty was expired on my new construction I experienced numerous water issues. Water is entering through windows and cracks in the foundation. The Builder fixed one crack twice but refuses to fix the other stating that he is not married to the house and that he has been patching since i moved in and will do no more. |
Cedric Brown
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posted 30 January 2006 11:38 CET
Fred Cook & Son or Cook Construction (they have changed their name several times to avoid law suits) of Evansville, Indiana is the worst of the worst. Our "Quality Constructed" home at severe water leakage problems to the point where we had to abandon the home. You could sit in any room of the house and watch water seep through the drywall and form puddles on the floor. The water literally came through the walls. Not only around the fireplace, or windows, but through the walls. The mold and mildew were extremely dangerous according to an independent environmental expert. After more than $100,000.00 in legal bills, we left town out of fear of what I would do to this guy. Robert Cook is a liar and a "Crook"!!! |
Elaine Viere
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posted 29 January 2006 07:37 CET
This is not a complaint but rather a question - hopefuly. We are new to Texas and built a !st Texas home in Near Fort Worth - finally sold it 3.5 yrs later at a 9k loss. It was a terrible experience with customer service. Our enery bills were over $600.00 a month. Now we are moving and possibly building another house (gluttons for punishment) in San Antonio. We are thinking of using McMillin formerly Hartman homes. San Antonio is not rated by JD Power and we are not familiar with this builder. Does anyone have any info on them. also, the do have an arbitration clause. Can they refuse to build the house if we refuse to sign? Any help would be appreciated. |
Tony & Kathy Ellis
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posted 27 January 2006 08:54 CET
History of the Home at 3828 Bram Cove, Round Rock Texas In January 2005, my wife and I began to look for a new home in the Round Rock area. After some discussion, we agreed to have Newmark build us our next home and we paid a $2000 holding fee for the lot.
During March, we continued to ask about a start date on the construction and for pricing on the bathroom changes. Additionally, we completed our first trip to the Design center. On March 12th, we paid an additional $6250 deposit to cover items that we selected so far. On April 25th, I sent in my first letter to Newmark to complain about several things that had happened to us. Basically, it concerned issues with the design center, not telling us that there would be no grass in the backyard, being told that we couldn’t get the interest rate promised by the finance guy (Cesar), and continuing to ask us to pay for things that we were told we wouldn’t have to.
In May, the delays and issues continued. We still didn’t have a price on the bathroom upgrades and the house had not been started yet. Additionally, I was asked to pay another deposit for the design center items even though I was going to get the deposits back at closing because of 100% VA financing. I complained about this and made an offer of $8000 to cover all deposits remaining. Newmark accepted and I wrote this check on May 13th.
On August 1st, I got an email from Mike saying they had gotten the approval to pour our slab. I was also told that the Superintendent had been changed to Matt. He was supposed to be the ultimate guy for this job and he would get the house done on time, etc… If only this had been true.
During the month of August, we saw the slab poured and framing being done. However, the framing was poor at best. Even our neighbors commented to us when we met them about how bad the frame looked. As we went through the house there were problems and I sent an email to Mike about them. I also covered issues with the slab and placement of the windows in the master bedroom, etc. Mike assured me that it would be okay. He said it was better to let the workers do it wrong than to have them stop and fix the problems at this time.
Although this sure seemed like a bad way to handle it, we decided to just keep an eye on the construction and see what happened.
In October, the problems with the framing continued and we were told that Matt had been fired along with the framers that had been working on the house. Chad would take over our project again and get us back on track
Newmark realized the roofing was beyond repair and much of it was removed and redone! All along, we were being told “You are the priority” “No other house will be worked on until yours is caught up” “Everything is fine”. Even when we pointed out other houses being worked on there were just more excuses. Bottom-line was that our house was a mess and no one was working on it!
By this time we had sold our home and were moving into an apartment. Most of our possessions were being placed in storage and we were going to have to pay for a double move instead of going straight to the new house. I asked for concessions from Newmark and to cover our additional expenses due to the delays. The tone of my letter was still that we wanted the house, but with all the problems and delays we felt that Newmark needed to step up and make it right.
On November 3rd, I knew there were going to be more problems. I drove out to the work site and went over all the electrical outlet locations, fans, breaker locations, etc… At one point, the company owner came out and after looking at what I was telling them and what was on their plans; he opted to just write down what I was telling them. They wired the house correctly because I was there to walk them through it. It was very clear that the design center changes never made it to them and had I not gone out, the wiring would have been done wrong too!
While I was there, I spoke with the A/C duct installers. Their lead man told me that he added a large return duct to the house that was not on the plan. He said that it should have been there, but it wasn’t. He went on to say how had he not put it in the A/C unit would not have performed correctly.
On November 30th, we completed an open records request from the City of Round Rock so we could see what the inspectors had reported so far. The lists were pretty long and pointed out item after item with the framing and general construction of the home. This was reinforcement for the issues we had found ourselves.
On December 18th, I got an email from Mike asking about financing problems. Even though we had been pre-approved and told by Cesar that all was well repeatedly, there is now a problem with our application. It seems that a policy issue is going to force us to look for financing elsewhere now – 10 months after we were told all was well with our loan! It sure seems a bit coincidental that this would come up now.
The reason I say that is because beginning in December, we have been through hell with Newmark over structural issues in the house. As part of our contract, we are allowed to have an inspector look at the house on our behalf. We did this and he documented 68 building code violations! When we presented this to Mike and Mr. Shields, “it hit the fan”! We were told that the house would be insulated and sheetrock installed in a couple days.
I called the City of Round Rock and spoke with Mark Remmert (head of inspections department) and because of the issues on our list, a stop work order was issued. At this point, I contacted Mike and Mr. Shields repeatedly about these issues and have been told that Newmark will “look at the list” but construction will continue. When I argued about this, Mr. Shields accused me of delaying the project and threatened to cancel our contract, keep our money and sell to someone else!
As of last week, this is where we are: The stop work order was still posted on the 26th.
Mr. Shields said that if I didn’t stop delaying things he would cancel our contract. Mike Miloch advised me that my Wife and I are not allowed to visit the work site until further notice.
As far as we know, the code violations still exist
The saddest part of all of this is that WE STILL WANT THE HOUSE! We just want it built per code (as stated in the contract) and want it done the way we paid for it to be built.
On a side note, even if we don’t get the house the people that do will only inherit all of the problems we have pointed out. If Newmark is true to their word and doesn’t fix the issues, someday the owners of this home will have a sagging roof, cracked ceilings or heaven forbid, die in a fire because the proper fire blocking isn’t installed! |
ted kadziela
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posted 26 January 2006 00:08 CET
I bought a brand new house in N.J. in 2003 filled with construction defects and violations that are contributing to toxic mold. It is my second home. We are experiencing "sick building syndrome", paying a mortgage and cannot enjoy the house. Arbitration seems to favor the builders. Township refuses to cite the builder. Filed complaints with DCA but no one has come to investigate. Mold is everywhere and I am pretty sure there is structural damage. Where can I get help to hold builder liable? |
M. Anderson
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posted 25 January 2006 18:45 CET
Does anyone know the brand of defective windows that were installed in Sandra Bullock's home? We are having problems similar to hers.
Thanks. M. Anderson |
me
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posted 23 January 2006 23:56 CET
re: Ryan Homes building on a 'dump site'
They have been dropped by 3 attorneys already, and have resorted to sensationalism
Sounds just like Janet!!! |
Larry Buck
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posted 22 January 2006 16:36 CET
Just read the complaint on ADAIR...
I have an even better story of ADAIR ripping off their customers.
My mother ADAIR home was showing major cracks in her foundation. She contacted ADAIR and their representative said that they would NOT cover her claim as she had TOO much furniture in one of the rooms.
My mother cannot afford to go to court over this and I too would advise others to AVOID ADAIR. |
t. steve
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posted 22 January 2006 16:31 CET
ANOTHER RIPPED OFF BY DISHONEST ACTIONS OF ADAIR!!
Our home was promised to be done and a final walk-through completed 12/19/06. Yes we made the mistake of pre-paying before completion. This is REQUIRED or ADAIR will not build. Also we had to sign binding arbitration, something that I would never suggest anyone do.
Our letters to the President of ADAIR have gone unanswered. From what we are hearing from other homeowners taken advantage of by ADAIR, this is their usual way of doing busdiness.
HERE IS THE STORY...IT IS COMICAL, YET SAD THAT ADAIR IS ALLOWED TO CONTINUE BUSINESS IN ANY STATE!!
Adair did a pre-walk through on 1/4/06. They had promised to do it 12/19/05. On 1/3/06 we had an EMPTY-NEW refrigerator and oak dresser delivered. Nothing was plugged in or filled. Both pieces were not in the way of any workers as ALL work had been completed. ADAIR is claiming that by having the 2 items delivered that we broke the contract by HABITATING the home. ADAIR refuses to fix/repair minor problems like hot and cold being hooked up wrong in master kitchen sink.
HOW can anyone consider habitation from the above is more than comical. ADAIR'S President Pete Marsh REFUSES to respond to our letters or calls. JR REYNOLDS of the CRESWELL BRANCH should be avoided at all costs as he has proven that he does not stand by his word, his workers, and is only concerned about making the SALE!
Sure would like to hear more on ADAIR and how others have been ripped off!!! |
Paul Serwinski
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posted 22 January 2006 09:52 CET
This story re: Ryan Homes building on a 'dump site' in orchard park, ny is garbage. You are only presenting one side of the story. It is an old (>50 yrs) farmers burn pile, very normal in the days before trash pickup. There has been testing, and the family refuses to let Ryan in to clean it up. They have been dropped by 3 attorneys already, and have resorted to sensationalism to try and get Ryan to move them into a more exclusive neighborhood with a home double the price of the one they bought. They family is now (literally!) walking around the neighborhood in black cloaks with blood covered masks and picket signs! Despite knowning this, they put in a pool, and spent most of the summer with the kids in the pool. They still let their dog run free, all over their property and their neighbor's property.
Get the facts at: www.barringtonhype.com |
Jeffrey Ryan
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posted 20 January 2006 23:58 CET
My wife and I just signed a contract to purchase a new home completed in 2005. The current owner purchased the house while it was being constructed and finished the construction. He never got a C of O on the house yet. The DCA and Township say he has to provide a New Home Owners Warranty. He and his attourney refuse to grant one saying he purchased the house originally to finish and live in but now is selling it. This is our second contract for this house and he will not accept contract and unless we stipulate that we agree to NO HOME Warrantee Provided. Does he have to provide it or not? If we sign off that He is not providing a warrantee are we signing our rights away to the warranty? Again this house has never been C of O'ed. It has never been lived in, he has not even gotten the final building inspection aproval because the permits expired. What can we do here? Can this guy be slammed with a fee for not registering as a licensed builder? his attourny claimes he didnt have to because he normally doesnt build houses and only bought this to live in it. Circumstances make him have to sell. We have researched deeds and see that the old owner was going to foreclose so he stole the house and is trying to make a nice quick profit off of it. He also is stipulating that there are three actual sellers: himself, his wife, and his son? Our attourny hasn't been much help in the matter. any help would be appreciated |
Kurt Gutting
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posted 19 January 2006 21:15 CET
Sales rep sold us lot #13 of Bridlewood Subdivision for a premium of $4,000 to $5,000 compared to an identically sized lot because of the wooded area directly adjacent to our lot. The wooded area was originally in excess of 150' deep, and we were told the premium was due to the fact that the woods could never be cut or developed, because 1) Louisville Metro Sewer District (MSD) owned the property, 2) because a non-existent environmentalist group had won a non-existent lawsuit to ensure protection of a supposed endangered plant species, and 3) because DR Horton is a tree loving company. We have 18 homes affected by two subdivisions that have destroyed the wooded areas. My property will be reduced to as little as |
Julie Wray
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posted 19 January 2006 17:52 CET
Hello, everybody. I am a recent homebuyer in the Houston, TX and have been in shoes like yours. Although I have will be closing on my house within the week, I wouldn't have been able to without frequent visits and photos I have taken to use as evidence when confronting the builder regarding construction quality.
To make a long story short, I was a first-time homebuyer who had gone with one home builder and found the construction to be so bad that I had to bust out of the contract. This time I went with another home builder, hoping to have better luck.
After 7 months of keeping a watchful eye on the construction of my future home, I went to visit our house the day after a heavy rainstorm and found that the window sills were drenched and the caulking & paint on the window ledge were bubbling and peeling. Concerned about water leakage, my first thought was to take a look at photos I have taken before the brick veneer and siding had been installed. My instinct proved right, the builder had not put vapor barriers or window wrap around the windows. The following day, I had my Pre-Close walkthrough with my builder and asked what the procedure was for installing a window. He describes the steps in full detail and we indicate to him that we had reason to believe that some steps were left out and have photos to prove this. He agreed to pull of the Hardi-Plank siding to prove that we were incorrect and to his disbelief he found no water leakage protection. Without any arguments, they have agreed to fix any damages the water may have caused and to contact us before repairs are to begin so that I may keep an eye on how this is being done.
Now, this builder is being cooperative, but I'm sure there are other homebuyers who have not been so lucky. Many homebuyers also do not have the time to stay at the house during the construction for hours on end to keep a watchful eye on how work is being done. So, I've decided to create a business called View Off Site in the Houston, TX and surrounding areas. It's a service I provide in which I will go around the homebuyer's home, take photos during construction and post them online for them to view. These photos can be used to help determine whether or not shoddy workmanship or short-cuts were taken in building your home. In case something happens to your home, like water leakage, they can be reviewed to determine what could be the cause like in my situation. My photos have been very helpful in showing the builder exactly what I'm referring to in regards to flaws, etc. I will provide a CD of the photos for you to keep Do hire a home inspector. If the home builder will not allow a home inspector on the property then that should bring up a red-flag. Don't be afraid to write to upper management if the construction manager is not addressing your concerns.
Do take some time over the weekend to look over the house and jot down anything you think may be of concern. Nothing is too little to bring up and if you feel strongly about certain issues then do some research in construction forums, get some advice, and stand your ground.
Don't be afraid of the builder. They don't always know everything.
Don't let them see your lack of confidence in what you're saying, otherwise they'll walk all over you.
Do take pictures whenever possible.
Don't always use the preferred lender. They have a tendency of hiding certain fees. I decided to get an 80/15/5 loan so that I could avoid the PMI. If the lender doesn't provide a GFE within 3 days (it's the law) then that should bring up a red-flag. If they also don't provide rates for your loans then demand that they do. When we did, we found that they were offering 8.625% on the 2nd lien and we have excellent credit. Needless to say, we went with our bank as a lender. You don't really have to do all your loan paperwork until about month before closing. Don't let them pressure you. Find the lenders you feel would be good and get quotes from them. DON'T CLOSE UNTIL EVERYTHING YOU ADDRESSED IS CHECKED OFF THE LIST. YOU ARE THE ONE SPENDING OVER $100,000+ SO YOU HAVE EVERY RIGHT TO DEMAND PERFECTION!
If you have any questions about my experience I would be more than happy to tell my story. I can be reached at 713.539.1151 or by email at julie@wray-family.com |
Janet Ahmad
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posted 11 January 2006 08:33 CET
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