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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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Charles Chodora
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posted 29 September 2005 15:25 CET
I am the owner of one of the units in three building structures which have defective ABTco siding. Our Homeowners Association submitted a claim to the ABTco Siding Claims Program in Portland, OR in August, 2004. After many unecessary delays and mis-management of our claim we have finally received a settlement offer from Louisiana Pacific. The offer is totally inadequate at a total of $2,000 for approximately 9,000 square feet of siding that must be replaced. Our siding is 8 years into a 25 year warranty so can appreciate some reduction for its age --- but a $2,000 offer is absolutely ridiculous. All of the delays are only resulting in further damage to sub-structures behind the siding.
I would be interested in hearing from anyone else who is having similar problems with their ABTco wood composite siding. And, more to the point, what they did to collect a fair settlement. |
J. P. BLALOCK
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posted 29 September 2005 09:11 CET
MY FAMILY AND I PURCHASED A LOT IN AN APPROVED SUBDIVISION IN HAMILTON CNTY. AFTER WE PAID IT OFF, WE SIGNED A BUILDING CONTRACT WITH LESTER SANDIDGE, SANDIDGE CONST.(A BUILDER THAT HAS BEEN BUILDING FOR 50 YRS & IT WAS HIS SUBDIVISON) FOR A 3 BEDROOM HOME. MY HUSBAND & MYSELF GOT A CONSTRUCTION LOAN WITH SUNTRUST BANK. WE BROKE GROUND AROUND 12-03. OUR HOUSE WAS TO BE COMPLETED IN 8 MONTHS (JULY 04). WELL THE MIDDLE OF SEPT. LESTER TOLD ME TO GO FILL OUT THE 10 DAY LETTER OF COMPLETION. WE WERE TRYING TO GET THINGS IN ORDER TO CLOSE ON THE CONST LOAN. OUR BUILDER INVITED US TO MOVE IN OCT, WE HAD GAS, WATER, AND TEMP POWER. WE KNEW THERE WAS AN ISSUE WITH THE SEPTIC TANK. OUR BUILDER HAD FILED A VARIANCE REQUEST TO HAMILTON CTY BECAUSE HE HAD GOT TO CLOSE TO THE ROAD WITH THE FIELD LINE. THE COUNTY DENIED IT, LESTER THEN APPEALED TO THE STATE TDEC. HE TOLD US THAT HE HAD TO GO IN FRONT OF A JUDGE, THAT ALL THE OTHER HOUSES IN THE SUBDIVISION WERE THE SAME WAY AND THE HAD GRANTED A VARIANCE. SO WE MOVED IN WITH TEMP POWER. MY HUSBAND THEN CALLED THE COUNTY HEALTH DEPT TO INQUIRE HOW LONG IT WOULD TAKE FOR THE VARIANCE, THEY SAID IT WAS IN THE STATES HANDS, AND GAVE US THAT PHONE #. MY HUSBAND THEN CALLED LARRY MATTHEWS (TDEC). HE SHOUTED"YOUR BUILDER COMMITTED FRAUD AND WE COULD CONDEMN YOUR HOUSE!!" HE ACTED AS IF WE KNEW OUR BUILDER SIGNED PERMITS AND AFFIDAVITS FOR A 1 BEDROOM. MY HUSBAND STATED WE SIGNED A CONST CONTRACT FOR A 3 BED HOUSE. WE WITHHELD THE LAST DRAW ON OUR CONST LOAN $12,300. THAT LESTER SAID WE OWED HIM. WE SAID IF HE WOULD MAKE THE STATE TDEC HAPPY AND GIVE US SOME OF THE LOT NEXT TO US FOR NEEDED FIELD LINE FOR A 3 BED HOUSE, WE WOULD GLADLY GIVE HIM THE MONEY. HE SAID NO, THAT WE COULD BUY IT FROM HIM. HE THEN TURNED OUR POWER OFF FOR 2 DAYS, KNOWING MY FAMILY WAS IN IT, AND SAID HE WILL NOT HELP US DO A DAMN THING IF WE DON'T GIVE HIM THE MONEY. THEN I WENT DOWN TO THE INSPECTION OFFICE TO GET COPIES OF THE PERMITS & INQUIRE ABOUT THE INSPECTIONS THAT HAD BEEN DONE. I WAS TOLD WE NEVER HAD AN ELECTRICAL INSP, AND OUR GAS HAD FAILED TWICE. WE HAD OUR ELECTRICIAN FIX EVERYTHING, AND WE GOT OUR OWN TEMP POWER POLE, & PUT EVERY UTILITY INTO OUR NAME. WE RETAINED AN ATTORNEY.
JAN-05 WE HAD INSPECTORS COME OUT- EVERYTHING FAILED EXCEPT PLUMBING AND ELECTRICAL. THE COUNTY LET US GET TEMP PERMINANT POWER BECAUSE OF THE SITUATION THAT WE WERE IN.
COME TO FIND OUT:
OUR HOUSE SHOULD NEVER GOTTEN THIS FAR ,THE HAMILTON CNTY INSPECTORS FAILED THEN 1 WEEK LATER PASSED ROUGH IN INSPECTIONS 3-04,WHICH IN JAN 05 FAILED AGAIN. THE THINGS THAT FAILED IN 3-04 WERE MAJOR STRUCTRAL DEFECTS, BUSTED FOUNDATION WALL, MANY FRAMING ERRORS. THEY PASSED INSPECTIONS WITH THINGS NOT EVEN INSTALLED.
-HAMILTON CNTY WAS THEN ADDED TO MY LAWSUIT.
CONSTRUCTION DEFECTS AS OF 7-5-05:
1. EVERYTHING LISTED ON INSPECTION TAGS AND PAPERWORK
2. EVERYTHING LISTED ON ICR ENGINEERS INC. REPORT.
3. EVERYTHING LISTED ON PILLAR TO POST?S REPORT.
BASEMENT
4. TWO VERTICAL STRESS CRACKS IN FOUNDATION WALL.
5. BUSTED FOUNDATION WALL GOING DOWN THE STEPS TO BASEMENT WAS BUSTED AND NOT FIXED PROPERLY. CRACKS BIG ENOUGH TO FIT YOUR HAND AND FINGERS IN. THIS HAS CAUSED CRACKS IN GARAGE FLOOR.
6. HOLES AND OPENINGS IN FOUNDATION WALL TO CRAWL SPACE.
7. EXPOSED AND UNFILLED BLOCK AT BOTH DOOR ENTRANCES.
8. EXPOSED EARTH UNDER STEPS.
9. PLYWOOD BOARD PLACED TO HOLD BACK BACKFILL GRAVEL FROM GARAGE.
10. SINGLE GARAGE DOOR IN BASEMENT NOT FRAMED UP PROPERLY. OPENING AT TOP.
11. BASEMENT FLOOR HAS A HOLE IN THE SLAB, WHERE THEY POURED CONCRETE AROUND A SUPPORT POST.
12. NO WATERPROOFING ON THE BASEMENT WALLS.
13. NO VENTS IN CRAWL SPACE.
14. NO MOISTURE BARRIER IN CRAWL SPACE.
15. MOLD GROWING AND MOLD DAMAGE TO PERSONAL BELONGINGS.
16. NO ACCESS DOOR TO CRAWL SPACE, SOME TYPE OF BOARD WAS NAILED FROM THE INSIDE OF CRAWL SPACE SEEN FROM THE OUTSIDE. NO BLOCK WAS LAID UNDERNEATH THIS OPENING.
17. INSUFFICIENT SUPPORT WALLS IN THE BASEMENT. STUDS ARE BOWING OUT. THIS HAS CAUSED THE MAIN FLOOR TO SAG IN GREATROOM AND HALLWAY.
18. INSUFFICIENT CONCRETE FORM BUILT TO HOLD UP CONCRETE OF THE GARAGE CAUSING CRACK IN GARAGE FLOOR.
19. BUSTED WALL WAS COVERED WITH BOARD AND A TEMPORARY HANDRAIL MADE OF 2 2X4'S.
20. ENTRANCE DOOR HAS NO CASING.
GARAGE
1. MULTIPLE CRACKS IN FLOOR.
2. SIDE GARAGE DOOR HAS NO CASING.
3. CONCRETE SPLATTERS ALL OVER SHEETROCK.
INTERIOR OF HOUSE
1. NO DOOR BELL. IT WAS WIRED FOR ONE, BUT WIRES WHERE COVERED UP.
A WIRELESS DOORBELL WAS PUT UP, BUT FELL AND BROKE.
2. HARDWOOD FLOORS NAIL HOLES NOT FILLED THROUGHOUT HOUSE IN FOYER, HALLS, STUDY, DINING ROOM, AND GREATROOM.
3. HARDWOOD FLOORS HAVE UNEVEN EDGES AND UNFINISHED LOOK AT DOORWAYS.
4. HARDWOOD FLOORS HAVE PAINT DROPPINGS IN STUDY, FOYER, DINING AND GREAT ROOM.
5. 1 INCH TRIM PLACED ABOVE SEVERAL DOORS CASINGS THROUGHOUT HOUSE, WHERE THEY DIDN?T SHEETROCK DOWN TO DOOR CASINGS. SOME HAVE HOLES ABOVE DOOR CASINGS.
LAUNDRY ROOM
1. VENT REGISTER BROKEN AND NOT FLUSH WITH FLOOR.
HALF BATH
1. VENT REGISTER NOT FLUSH WITH FLOOR.
2. EXPOSED SINK PIPED NOT PROPERLY TRIMMED OUT.
3. PAINT ERROR ON CEILING.
4. HOLES IN WALL, WHERE SOMEONE HANGING TOWEL HOOK MADE A MISTAKE. HOLES NOT FILLED OR PAINTED.
DINING ROOM
1. PAINT ERRORS ON TRIM.
STUDY
1. PAINT ERRORS ON TRIM
HALLWAY TO MASTER BD
1. TRIM NOT PAINTED IN FINISHED COAT.
KITCHEN
1. UNEVEN WALL BEHIND COUNTER. YOU CAN PLACE YOUR FINGERS BETWEEN THE WALL AND COUNTER.
2. SLOPING FLOOR AND HUMP IN FLOOR NEAR WINDOWS AND PATIO DOOR.
3. SAGGING CEILING ABOVE PATIO DOOR.
4. BAR CORNER NOT TEXTURED LIKE ALL THE OTHER WALLS, AND CORNER PORTION MISSING PAINT.
5. DOOR TO PATIO IS UNEVEN, INSTALLED IMPROPERLY, VERY HARD TO OPEN, CLOSE, AND LOCK.
GREAT ROOM
1. CAN LIGHTS NOT FLUSH TO CEILING.
2. 1 CAN LIGHT HAS A BIG GAP IN SHEETROCK AROUND IT.
3. FIREPLACE TRIM NOT INSTALLED.
4. TRIM ABOVE FIREPLACE IN TV AREA, NOT PAINTED AT ALL.
5. PAINT ERRORS ON CEILING.
6. FRENCH DOORS HARD TO OPEN, CLOSE, AND LOCK. WEATHERSTRIPPING NOT INSTALLED PROPERLY.
7. SAGGING IN THE CEILING.
MASTER BEDROOM (#1)
1. UNEVEN FLOOR IN THE ENTRANCE WAY.
2. CAN LIGHTS NOT FLUSH WITH CEILING.
3. SHEETROCK NAILS ARE VISIBLE BUT PAINTED ABOVE ONE CLOSET DOOR.
4. MASTER BATH, HAS PAINT DROPPINGS AND TILE AND TUB.
5. NO CAULK AROUND TUB OR SHOWER.
6. GAP IN SHEETROCK ABOVE SHOWER STALL.
7. GAP IN SHEETROCK AROUND LIGHT SWITCH IN TOILET ROOM.
8. SEVERAL PAINT ERROR ON WALLS AND TRIM.
9. CAN LIGHTS OVER TUB NOT FLUSH WITH CEILING.
10. ONE CLOSET LIGHT STILL THROWS THE BREAKER CAUSING LOSS OF POWER TO MASTER BEDROOM.
11. LARGE HOLE IN FLOOR AROUND PLUMBING TO THE JET TUB, ALLOWING BUGS AND AIR IN FROM BASEMENT.
HAYLEE?S ROOM (#2)
1. LIGHT AND FAN SWITCH INSTALLED BACKWARDS.
FALYN?S ROOM (#3)
1. CLOSET LIGHT SWITCH UPSIDE DOWN.
GIRLS FULL BATH
1. SHEET ROCK MUD ON SIDES ON BATH/SHOWER UNIT.
2. GAP IN SHEETROCK ABOVE SHOWER.
3. NO CAULK AROUND BATH/SHOWER UNIT.
ATTIC
1. CASING ON ATTIC DOOR MISSING.
2. CRACK IN FLOOR IN THE ENTRANCE TO BASEMENT.
3. NO HAND RAILS.
4. YOU CAN SEE DIRECTLY INTO THE GUTTERS, ALLOWING LEAVES AND BIRDS IN.
5. ONE SUPPORT (KING POST) NOT ATTACHED TO ANYTHING UP TOP.
6. CAN SEE DAYLIGHT IN SEVERAL AREAS.
7. MULTIPLE FRAMING ERRORS, PER REPORTS AND INSPECTIONS.
EXTERIOR OF HOUSE
1. FRONT PORCH STEPS SEPARATING FROM PORCH.
2. SHUTTERS INSTALLED IMPROPERLY WITH SHEETROCK NAILS INTO BRICK, CAUSING THEM TO COME LOOSE, ONE HAS FALLEN OFF. ONE SHUTTER ON PORCH WAS INSTALLED UPSIDE DOWN.
3. TRIM MISSING ON BOTH ENDS OF PORCH.
4. TRIM MISSING IN BACK CORNER OF HOUSE, WHICH SHOWS
5. NO HOUSE WRAP/ WATER PROOFING BETWEEN WOOD & BRICK.
6. LONG HORIZONAL CRACK IN BRICK MORTER JOINT OFF OF BACK PORCH.
7. BACK PORCH NOT SCREENED IN.
8. NO SCREEN DOOR ON BACK PORCH.
9. FAN ON BACK PORCH MISSING GLOBE AND DECORATIVE TRIM.
10. SINGLE GARAGE DOOR TO BASEMENT DISCOLORED & MISSING PAINT
11. RUSTED LENTAL PEICES USED TO HOLD BRICK UP ABOVE BOTH GARAGE DOORS, EXTERIOR DOORS, AND WINDOWS CAUSING RUST STAINS ON WINDOWS AND TRIM.
12. VERTICAL BRICK MOTER CRACKS ON BOTH ENDS OF DOUBLE GARAGE DOOR. (GARAGE HEADER FAILED ROUGH IN INSPECTION.
13. TRIM AROUND GARAGE DOORS, EXTERIOR DOORS, AND ABOVE BRICK, STAINED RED/ORANGE.
14. DRIVEWAY HAS A CRACK ALL THE WAY ACROSS IT.
15. NO GRAVEL UNDERNEATH DRIVEWAY, SIDEWALK, AND BACK PORCH.
16. GUTTER JOINTS LEAK AND ARE NOT PROPERLY SEALED.
17. WINDOWS AND SIDING HAVE NO SILICONE BEADING AROUND THEM.
18. FRONT YARD HAS SINK HOLES.
19. NO LANDSCAPING WAS DONE.
20. BACKYARD DRAINAGE DITCH NEVER CLEANED OUT.
IF I ONLY KNEW THEN WHAT I KNOW NOW....MY ADVICE KNOW IS TO TRUST NO ONE!!!!!
-IF YOU ARE LOOKING FOR A LOT OR HOUSE IN HAMILTON COUNTY ,IN AN APPROVED SUBDIVISION THAT IS ON SEPTIC TANK, EVEN THOUGH THE PLAT SAYS YOU CAN HAVE 3 BEDS GO TO THE HEALTH DEPT AND ASK ABOUT IT. ASK FOR YOU BUILDING & SEPTIC PERMITS. I HAVE FOUND OUT OTHER BUILDERS ARE LYING ABOUT # OF BEDROOMS, SO THEY CAN BUILD BIGGER HOUSES ON SMALLER LOTS, LISTING THEM WITH REAL ESTATE AGENTS FOR 5 & 6 BED HOUSES. THE COUNTY IS LETTING THEM LIE ABOUT IT, THEY STATED"WE CAN'T CALL THE BUILDERS LIERS" THEY DON'T LOOK AT HOUSE PLANS, THEY DON'T WALK INTO YOUR HOUSES TO SEE HOW MANY BEDROOMS. THEY DON'T EVEN KNOW WHAT A BEDROOM IS!! THEY STATE "YOU CAN HAVE 2 BEDS & 10 STUDIES, NO QUESTIONS WILL BE ASKED" BUT THE STATE TDEC, LARRY MATTHEWS DON'T SEE IT THAT WAY. THE COUNTY MAKES BUILDERS SIGN AFFIDAVITS, THEY KNEW MY BUILDER COMMITTED FRAUD 7-04 AND HAS NEVER DONE ANYTHING TO HIM. SO THE AFFIDAVITS MEAN NOTHING!!!!
-CAN'T TRUST YOUR INSPECTORS TO DO THEIR JOBS EITHER!!! HIRE YOUR OWN INSPECTOR TO COME INSPECT THROUGHOUT CONSTRUCTION.
-CAN'T TRUST YOUR BANK INSPECTORS- THEY JUST LOOK FOR PROGRESS, THEY DON'T LOOK TO MAKE SURE INSPECTIONS HAVE PASSED.
-IN FEB 05, FILED A COMPLAINT TO TN LICENSING BOARD ABOUT MY BUILDER, IT TOOK 7 MONTHS TO GET SOMEONE OUT HERE TO LOOK AT MY HOUSE, STILL NO WORD ON WHEN THE HEARING WILL BE.
AS FOR MY FAMILY WE HAVE A COURT DATE COMING UP FINALLY, HOPEFULLY IT WILL GO THRU. WE ARE STILL LIVING IN OUR LEGALLY UNINHABITABLE HOUSE. WE ARE STILL PAYING INTEREST ONLY ON OUR CONST LOAN, AND ARE GOING IN DEBT PAYING ATTORNEY FEES. |
Dan Pittsford
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posted 28 September 2005 06:35 CET
To Whom It May Concern:
My name is Dan Pittsford. My wife (Kristel) and I had the misfortune to buy a house from a builder by the name of Newmark.
The saga began on May 18, 2005. I met a salesperson by the name of Pat Murphey. I started the conversation with him by stating that my wife and I were preapproved by Texas Mortgage Connection for a $200,000.00 loan.
We had found a house we liked that was about half finished. Pat stated that the house would be finished by July 1, 2005. We made an offer that Newmark accepted. When we went into sign additional paperwork, Pat wanted us to sign a document that if we don’t use Newmark financing then the price of the house would go up $5,000.00. This was a deal breaker for us because as stated previously we were preapproved at a rather low interest rate. When we decided to back out, Pat coerced us into signing the document by stating that if we can’t get you a better deal then you can use Texas Mortgage Connection and not pay the additional $5,000.00.
We made an application for a loan online and were called a few days later by Chyna Sinclear. She stated that we had some credit issues and that she would have to broker this loan out. I said no thanks, we would use out preapproved status. Ms. Sinclear then threatened us with the $5,000.00 increase. We then got a call from Joe McCoy who offered us the loan at 8.5% Mr. McCoy also threatened us with penalties as did Pat Murphey’s boss.
My wife and I are expecting a baby. My wife and I were both stressed out. Her blood sugar was elevated flirting with gestational diabetes, and I began to have chest pain. At this point, I went to see Janice Arteaga at Texas Mortgage Connection who called Newmark. She reinstated my previous application, and on July 19, 2005 was approved through the VA automated loan program. I called Joe McCoy to let him know that I would not be using Charter Funding and that I was going back to my original loan broker. Joe McCoy got very upset and stated that he had worked very hard in clearing my credit issues. This conversation again upset my wife and I.
After Janice Arteaga got involved, the stress lessened. She did inform me that Chyna Sinclear and Joe McCoy were both without a license to broker.
Newmark seemed to quit working on the house at this point. The finish date came and passed without completion. We finally closed the house on August 31, 2005 but not before two rushed final walkthroughs. The superintendent let the grass and two trees die in the interim. The final walk through started with the superintendent stating that the painter in on his way over. After we closed I discovered that they had (1) sheet rocked over an AC vent, (2) had a malfunctioning dryer vent, and (3) the gas line was not connected to the furnace.
After they cut a hole in the ceiling, the repair and pain don’t match. As of this date, we are still not satisfied. Newmark has left the area, and a different superintendent has contacted me.
I had heard that building a house had some hassles but certainly did not know it would be a nightmare. I wonder how many families give into the Newmarks and don’t have an advocate like Janice Arteaga. I would like to see Newmark penalized to prevent them from treating other customers this way.
Sincerely,
Dan R. Pittsford |
Lisa Megna
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posted 23 September 2005 21:31 CET
My husband and I are building a home with Maronda in SW Florida. Although we have been waiting 18 months for them to finally begin, we have been happy with the person who sold us the home. she sends photos every two weeks with updates on the progress. We presently live in Ma. which makes it almost impossible to follow the actual construction phases on site. Does anyone have any complaints about Maronda that I should be particularly aware of? Thank you so much. |
Kimberly
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posted 18 September 2005 18:41 CET
DR Horton is turning my home building experience into a nightmare. I had been SO excited about my home purchase, this will be my first home! I'm aware I'm on the 'young' side of the first time homebuyer spectrum however DR Horton is insistant on building the house the way THEY want to, completely ignoring any of our agreements and the contract. They totally refuse to honor their agreement. They aren't even putting in the upgrades I have paid for. Has anybody else had any issues w/DR Horton refusing to keep their word?
I'm seriously considering chalking my $3k in earnest money up as a loss and walking away from the deal. |
Elizabeth Renz
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posted 17 September 2005 12:05 CET
Very interesting Wilson 2207. I wonder if this could happen in our litigation against our production builder?
Such a shame that this heartache happens to home buyers that believe in fair dealing and expect a product that is represented to them. |
wilson2207
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posted 17 September 2005 11:10 CET
Post subject: Again, alleged dishonesty. Truth waits patiently.
--------------------------------------------------------------------------------
Insurance Company Seeks Declaratory Judgment that it is not obligated to Defend Beazer Homes in Fraudulent Home Sales
Attorney Case Information | Case ID: 4102 | Insurance | 12/27/2004
A class action lawsuit has been filed in the Southern District Court of Indiana against Beazer Homes Investment Corporation, Inc. Hanover Insurance Company seeks a declaration that the it is not obligated or required to defend and indemnify Beazer Homes as an insurer because of Beazer's alleged fraudulent activity.
Specifically, the complaint alleges that the Hanover Insurance Company entered into an agreement to provide insurance to Beazer Homes. However, it was later discovered that the homeowners who purchased homes from Beazer brought a lawsuit claiming that Beazer:
• Made fraudulent representations to homeowners regarding the quality, standard and grade of the model homes the plaintiffs purchased
• Made incorrect or false representations concerning the amount of their monthly payments for the homes
• Breached the agreement of sale because the homes contained defects
• Made various representations of warranty
• Breached implied warranties of habitability and fitness in that the homes that were purchased were not habitable or were in defective condition
Because of the alleged dishonesty on the part of Beazer, Hanover seeks to void the insurance relationship. |
Elizabeth Renz & Donald Renz
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posted 17 September 2005 08:56 CET
Defendants :
Brighton Homes a k. Hovnanian Co.
Hovnanian Enterprises, Inc.
Jury Trial
November 01, 2005
Fort Bend County Courthouse
Richmond, Texas |
Louise Harra
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posted 15 September 2005 11:29 CET
Does anyone know about the quality of Gemcraft Homes (NOT the one that used to opperate in Michigan, but the one that builds in the mid-Atlanic)? We're thinking of purchasing their Topeka model. |
Shelly Hegyi
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posted 15 September 2005 11:08 CET
Consumer's Original Complaint :
We purchased a home through Eagle Valley last year and have already had our "inspections" we were having problems with our AC unit not cooling off our bed room which is staying about 5 degrees hotter than the rest of the house. When E.V came out they told us the problem was fixed but we have once again been victims of a hot summer with little AC circulation in our bed room. We have had to sleep in other areas of the home to be able to breath and be comfortable. We have had another person come out and look at it and we were told that the home builder did not route the ducts/ pipes that are in the attack correctly and that it looks like that they tried to cut cost with the job they did. Our room basically got shorted on receiving the proper installation of AC routing.My husband is leaving to serve his year in Qatar and Bagdad and are pretty strapped financially but are having to pay out of pocket to get this fixed.
Consumer's Desired Resolution:
To get reimbursed for the amount we are having to pay to get the problem fixed.
BBB Processing
08/25/2005 web BBB Complaint Received by BBB
08/29/2005 skm BBB Complaint Validated by BBB Operator
08/29/2005 Otto EMAIL Send Acknowledgement to Consumer
08/29/2005 Otto MAIL Inform Business of Complaint
09/07/2005 WEB BBB RECEIVE BUSINESS RESPONSE : Contact Name and Title: Manuel Garcia, Jr.,CS VP
Contact Phone: 210-889-4167
Contact Email: mgarcia@eaglevalleyhomesa.com
Our Eagle Valley Homes go through vigorous city inspections before homeowners can move in. As you know Mr. and Mrs. Hegyi hired an independent inspector. After Mr. Hegyi called me to report the inspectors findings I requested that he give me the inspectors phone number so that I could talk to the inspector to discuss the finds and possibly set-up a meeting with him and our heating and cooling contractor. Mr. Hegyi said he would have to get with his wife to get that phone number. Up to this point I have not heard back from Mr. or Mrs. Hegyi.
As far as the temperature difference in their bedroom it clearly states in our 210 Warranty Booklet that there will be a 15 degree difference between the downstairs and upstairs bedrooms being that heat rises upward.
09/09/2005 skm EMAIL Forward Business response to Consumer
09/12/2005 WEB BBB RECEIVED CONSUMER REBUTTAL : (The consumer indicated he/she DID NOT accept the response from the business.)
Ok, first of all what Manuel Garcia is saying is not true at all and is nothing but likes. We did not hire an independant contractor to do the inspection, the man that was hired was referred to us by Eagle Valley, we are new to the area and know no one. I do not see how he can lie like that. Secondly as far as the AC goes, we understand there will be a difference between the upstairs and downstairs however the problem is, in 2 of the bedrooms on the upstairs it stays really cool.Our bedroom is extremely hot and is not getting any AC through the vents but what is left over from cooling the rest of the second floor. It appears that they routed it wrong, so an explination of why the 2 bedrooms, 1 bath room and the family room is always cool and why are bedroom and the matser bath is hotter than hell would be nice. We actually called 2 different people that work in AC to come look at the problem. Both in which stated the same that EVH routed things wrong and apparently did it on a tight budget. We feel raped by them. We are paying a lot for this house and to have this problem and not be able to sleep in our room is absured. This is really upsetting too because my husban is leaving in 3 weeks for Iraq for a year and I am left to deal with this alone. Eagel Valley needs to step up to the plate and accept their screw up and fix it. Especially when we did the 2 inspection with them after we moved in and told them of the problem, they called their AC contractor to come look in which he claimed he fixed the problem which is a total lie.
09/13/2005 skm MAIL Forward Consumer Rebuttal to Business
09/14/2005 WEB BBB RECEIVED BUSINESS' REBUTTAL RESPONSE : Eagle Valley Homes is not in the business of referring inspectors to anyone. We do however, give our customers a point of contact to a business and their phone number being that the a/c is warranted for 2 years. I did contact Mr. Hegyi today, September 14th, and have a pending appointment to go out and check this problem.
My husband informed me that Mr. Garcia did call but is insisting that we get the people back that came and looked at my AC unit in order for EVH to fix the problem; my husband also stated that he did take responsibility of this screw up. I have had two different people look at this problem and both have stated the exact same. I will not release the names of the individuals that looked at it, that is a breech of privacy and an invasion of privacy.
I am still very upset after reading their response of them denying suggesting their contractor to inspect our house. The card with the name of the inspector didn’t pop out into thin air and land in our laps, it was and I insist WAS given to us by them the day we were signing papers, and given other information for the house, they handed the card to us and said " this is the contractor that EVH recommends for walk through inspections" being that we are new here and do not know many people we thought that they would be a good source. Since our unit has a 2-year warranty, they need to come and fix this ASAP. Therefore, to make a long story short there is no set appointment date as he indicated which another lie is. I want them to give an exact date to look at the problem and to fix their screw up. I am so tired of dealing with the lies of Mr. Garcia; he is just telling us what we want to hear.
So, if we have a two year warranty why haven’t they fixed the problem before now, and how do we know that they will indeed fix it and not lie to us again stating it was fixed? Who is to say that we wont have issues again once the warranty is out?> |
Colleen Mullen
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posted 15 September 2005 09:32 CET
I hired Tim Hanson Construction of St. Paul in July, to install cedar siding on my house. He was given more than half of the money prior to the job. He stated it would take four to five days to complete my siding. He put me off for 2 months before he started, it then took him 2 weeks to finish the job. After, inspecting the job myself I noticed that he used the improper sized and kind of nail. With cedar siding over foam board the nail needs to be 2 3/4" for smooth nail and 2 1/4" for a rink shank nail. He used nails that were less than 2" and most were smooth shank nails. Also, I found multiple boards that were cracked, large gaps throughout the siding, missing trim peices, damage to trim peices- corrected with caulk and small nails, multiple boards attached by one nail, multiple boards not attached to studs, some peices used were not cedar, and areas of bowing. He also damage my phone line, pulling my indoor cable to the outside of the house, the dumpster sank in my driveway, and left trash all around the house. After contacting the State of Minnesota Commerce Department, I found that he had a stop work order in 2001, he has no licence, and if he worked out of one job skill set he is committing a Gross Misdemeanor. Which he did on my house by installing my new outside lights and tried to fix the phone line which he damage and was told the phone company was coming to fix the line. I have recently obtained an attorney and will meet with him soon. I am having difficulty finding a cedar siding contractor that will state the siding was done improperly, no one wants to touch this. |
Garrett Hawkins
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posted 7 September 2005 14:22 CET
For the past year I have been talking to legislators about the deficiencies in HB 730. I have been forced as I am sure many others feel into filing a complaint with the TRCC. The biggest issue that I have with the builder were 3 leaks due to improper flashings. The problem was exacerbated by the builders lack of response to the problem. When they finally came out about a week after the fact they took a water house squirted it at the window in question at the time. The window did not leak at that time. I was not present for this test as they did not appear at the time they said they would my wife was there. After discussing the matter with the builder's onsite warranty rep who performed the test I was informed that because they could not duplicate the leak they had to conclude that the leak was due to wind driven rain. At that time I argued my point, first there test duplicated wind driven rain by squirting a hose at the window. Second, the window in question was a first floor window 10 feet away from a 2-story home. This window was not subject to wind driven rain by the defintion of wind driven rain. I was once again told that because they could not duplicate the problem there was nothing they could do at the time. I was however told that they would fix the interior damage which did include mold. I assumed that they would do this properly. They came in once again late for an appointment when my wife was home and simply painted over the mold.
At the same time a second leak in the garage was attributed to an improper flashing. Again there was some interior damage from the water as well as mold. Once again they simply painted over the problem. When I informed them that this was not the proper technique for repairs when mold was present they asked me what mold. It is my belief that the repairs that were made were for the sole purpose of covering up the mold that I pointed out to them prior to any repairs were made.
Subsequently, another larger leak appeared in the kitchen. Water ran from the ceiling to the floor and actually puddled in the floor. Finally at this point the builder agreed to do an invasive test. When they cut the whole in the ceiling you could actually see daylight between the flashing and the roof.
I once again asked the builder due to the nature of the leak and the fact that this was 9 months after the home was built that the leak was discovered to treat the area as if mold were present. Again they simply made cosmetic repairs.
There were 2 other windows flashed in the same manner. The 1 that mold had formed around previously suggested as a result of wind-driven rain and another bedroom where my 3 year old and 1 year old slept by the way. They agreed to repair the flashing in the bedroom that there was water damage. The third window they refused to repair as there was no evidence of water penetration even though it was flashed in the same manner as the other 2. In my opinion it should have been obvious to the builder that there was a problem because the intial flashing was outside the brick the repaired flashing actually required that they take the brick of and place the flashing in the brick. There is an obvious difference in the repaired flashings over the 2 windows and the third unrepaired window.
At my own expense I had a mold test performed. Because the external samples had been painted over it required that the an invasive test be performed. I picked behind the areas that I actually saw mold on the exterior of the wall. Both samples tested positive for various forms of mold. The builder was sent copies of the report and once again requested that all of the areas of water penetration be repaired by removing all sheetrock and insulation and manually sanding the studs in the affected area based on the recomendation of the mold inspector. The builder agreed to this when they came out to do the work the had no sheetrock and no insulation. I questioned how they were going to make the requested repairs. They told me that they would only treat the areas that the mold inspector actually tested. They did this by spraying kills on the area behind the sheetrock and replacing a 6 by 6 inch sheet of sheetrock and about a 12 by 24 inch area of sheetrock in the garage. The area in the garage was actually black, grey and green all the way through the sheetrock. They took samples they said for there environmental inspector. I never heard back what there inspector found nor were any more repairs ever made.
I sent a copy of the inspection and mold inspection along with the SIRP. I then heard back from the TRCC that they needed a copy of my warranty or contract and that my SIRP would be placed on hold for 30 days if they did not recieve this information within 30 days they would treat my dispute as dropped. I sent an email back stating that I was not sure what my warranty had to do with the dispute and that I felt like this was an attempt to place another obstacle in my path as the homeowner to have my dispute heard.
I agree with your organization that the TRCC is an extension of builders and an effort to insulate builders from legitimate suits brought by homeowners. I wish you luck in your endeavor. I will continue to use my case to present this fact to the legislation as an example of how detrimental to the homeowner the TRCC actually is. If my story can benefit your organization in any way please feel free to use it. My builder was Plantation Homes they are registered as MHI Partnership, Ltd. |
Dimpleshy
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posted 6 September 2005 17:22 CET
I am a single woman in my mid 50's, who is trusting and believes what is told to me in good faith. I have invested my life savings in a Ryland house purchased in August 2004. It took me a long time to buy my dream home only to learn 3 months after moving in that Ryland Homes had shattered those dreams by building my home with a major defect that they could not correct.
My home, the first to be built in the neighborhood, sits well below street level in a ravine between two other houses, vulnerable to flood.
No one buys a home looking for a lawsuit. People just want to be happy living in their house and be proud to be a Ryland homeowner. Instead, I have been expected to accept drastic high and low angled slope modifications to my driveway in conjunction with a drainage ditch in front of my door, leaving my home sitting well below street level and other neighbors. Obviously Ryland deceived me by telling me that there would not be a problem because they have the best engineers to solve the problem. It is now clear that no matter what they do, the home will never be what Ryland promised.
This would have never happened if the house was originally set higher when the foundation was built. Repairs have proven to be unacceptable. My home will forever be subject to a driveway that is strange and unsightly, and at risk for possible water intrusion.
Worse yet, it is becoming more evident that homeowners in Texas have no place to go for help. My home was inspected by the city, yet they say they can't do anything to help me. The Governor and Attorney General have both encouraged me to hire an attorney and pay a fee to file a complaint with the Texas Residential Construction Commission (TRCC). Other officials said they will get back with me.
Since I used my life savings on my home, even if I borrowed the money to hire an attorney I must first, in accordance with Texas law that regulates me, pay a fee of $450.00 to go through the 5-month TRCC process and in the end TRCC officials have told me they can’t make Ryland do anything.
Realistically, why would Ryland help me during the TRCC process when in the end I can be forced into binding arbitration where builders always win because they give repeat business to the arbitration companies?
Ryland must not get away with a take-it-or-leave-it patching of their mistakes by digging a bigger, deeper ravine to do short term fixes. The fact is they made a major mistake and I am the loser.
This is a mistake that was not of my making but that of Ryland homes and I should not have to pay for their mistakes. All I want is for Ryland to do the right thing and buy my home back.
I am looking for some elected official that can help me find a just solution for Ryland’s mistakes. I am a very unhappy Ryland homeowner in need of help. |
kinh Yahla Guyman
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posted 6 September 2005 06:35 CET
great site i don land guyman i love this site. |
Janet Ahmad
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posted 5 September 2005 08:52 CET
I have read the Tel Home complaints however, only one has given any contact information. I would ask that anyone having problems with a Tel Home to please contact me personally about your experience.
Janet Ahmad, President
HomeOwners for Better Building
president@hobb.org |
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