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Wilson2207
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posted 11 July 2005 18:29 CET
We got ripped-off, but you won't...
We (we, meaning my family) got ripped-off. But don't worry it won't happen to you.
At one time my attorney told me, "They (meaning Sanford/Beazer Homes)may have insurance to cover your warranty claim". This was in the context and my understanding that my attorney had spoken with a Sanford/Beazer Homes, Beazer/Sanford Homes representative.
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America supports a winner. America supports competition. America supports truth and justice. America supports fair-dealing. America frowns on winning by dubious means, dishonesty, arrogance, unfairness, and the taking advantage of the less fortunate, less capable, and less well equipped of its citizens. This is my understanding.
Let me share a story with you, that was shared with me, by a new house owner:
Beazer Homes had not yet acquired Sanford Homes. A Sanford/Beazer Homes, Beazer/Sanford Homes warranty manager told a Sanford Homes' new house owner that it was not unusual for windows to leak during a rainstorm (this is in a new house). The new house owner suspected that the window(s) had been installed incorrectly. Eventually, it was determined that the windows had been installed incorrectly, and the problem was corrected. This result was not an easy task for the new house owner to achieve.
This new house owner also had to seek legal representation to address other issues regarding his new house and related warranty matters. He sought the advice of a prestigious, construction defect law firm and was referred to another attorney/law firm, as the prestigious law firm had a conflict of interest, or some other such thing, and could not represent the house owner in his complaint against Sanford Homes. There eventually was a settlement. The new houseowner did not seem satisfied, but was grateful to have this ordeal with his builder Sanford Homes behind him (Beazer Homes had not yet acquired Sanford Homes). The house owner refused to pay the final invoice he received from his attorney. The house owner was also required to sign a Non-Disclosure Agreement as a condition of this settlement.
How do I know this you may wonder? I too had to seek legal advice regarding warranty issues with Sanford Homes. I sought advice from the same prestigious, construction defect, law firm, and I too was referred to the SAME attorney who represented the new house owner above. Again, how do I know this you may wonder? A local television station had an on-air report about new house owners having warranty complaints regarding the houses they had purchased from Sanford Homes. I forwarded a transcript of this report to my attorney. A later phone conversation to confirm that my attorney had received this report, disclosed that my attorney, "had talked with", one of the Sanford Homes' homeowners mentioned in the television report. I thought that this was an amazingly unusual coincidence. There was no disclosure to me, by my attorney, regarding his representation, or former representation, of this particular new house owner, regarding the new house owner's complaints against Sanford Homes; this must have had something to do with attorney client privilege, confidentiality, etc? Or, the attorney was not, in fact, representing this house owner at the time of this phone call, or while my attorney was representing my interests. My notes could determine this precisely. Following this phone conversation, several months went by before I felt compelled to speak with this new house owner to determine the nature of this unusual coincidence (that my attorney "had talked with this homeowner") and to regain faith that MY INTERESTS were being PROPERLY REPRESENTED by my attorney. My attorney had been VERY AGGRESSIVE in trying to convince me to allow Sanford/Beazer Homes (Beazer had acquired Sanford Homes at this time) to make 'cosmetic' repairs; 'Sanford's attorney was a good litigator', etc. Not trusting my attorney, I subsequently received an independent repair estimate which exceeded $50,000 which did not reflect the 'cosmetic' nature of this issue as espoused by my attorney and Sanford/Beazer Homes; my attorney said the firm providing the estimate had a vested interest which may make the estimate questionable. The estimate was given without any disclosure to the repair company that there was an on-going dispute with Sanford/Beazer Homes. There has been no resolution of this matter.
See kbhomesucks.com, Online Discussions, User Forum, pp. 4,5, 'Choosing An Attorney', for further insight.
Do not assume that you are dealing with honorable people. Get an independent, second opinion regarding ANYTHING of substance related to your new house; however, at this point it may be too late. YOUR interests are YOUR interests, only.
Do not let the largest purchase of your family's life become a financial and emotional nightmare. How much are you willing to risk? Financial security in your retirement? Your kids' college education?
Learn from my mistake (One would not think that the purchase of a new house for one's family could possibly be a mistake.) the mistakes of other new house buyers, and the behavior of some corporate/public new house builders.
IN MY OPINION, WHICH IS BASED ON MY EXPERIENCE, THERE IS NOT A LEGAL PRODUCT AVAILABLE IN THE MARKETPLACE TODAY THAT CARRIES THE DEGREE OF POTENTIAL FINANCIAL AND EMOTIONAL RISK FOR THE PURCHASER AS DOES THAT OF A NEW HOUSE.
Visit Homeowners Against Deficient Dwellings, HADD.com, HOBB.org, Homeowners For Better Building, WESH.com, Building Houses: Building Problems, Consumer Reports' research study: Housewrecked--link available at the HADD web site, 10 Things Your House Builder Won't Tell You, www.smartmoney.com/consumer/index.cfm?story=tenthings-jan00, 10 Things Your Attorney Won't Tell You, www.smartmoney.com/consumer/index.cfm?story=tenthings-october03, How To Prevent A New House Nightmare, www.lakesidepress.com/dreams/section4.html, Shoddy Building in the Housing Boom? Business Week April 25, 2003, www.businessweek.com/bwdaily/dnflash/apr2003/nf20030425_1874_db035.htm, Exposing New Home Builders, exposingnewhomebuilders.typepad.com/newhomebuildersnewsblog/ (some builder specific web sites have been effectively eliminated), ourrylandhomes.com(use google.com for this one: our ryland homes), paltryhomes.com, jdpowers.com, kbhomesucks.com, kbhomestink.org, The Pulte Home Experience, www.trendzweb.com/pulte/., paylessbills.com/richmond_american.htm, drhortonlemonhome.com, drhortonsux.com, mybadhouse.com/pages/1/index.htm, Home sweet crooked house, money.cnn.com/2004/06/09/real_estate/buying_selling/homedefects/index.htm, bankrate.com/brm/news/real-estate/20040812a1.asp, Monday, June 21
New-home warranties not what they are cracked up to be bankrate.com/brm/news/real-estate/BuyerGuide2004/fthb-blog-archive.asp, webgripesites.com, mymccrearyhomesucks.com/, w3.ripoffreport.com/reports/ripoff76506.htm, Home-building report/broken system, www.app.com/apps/pbcs.dll/article?AID=/20050420/OPINION/504200384/1030, www.screwedcentral.com/ubb/Forum1/HTML/000331.html, and ANY search engine (new house construction, lawsuits, defects, complaints, etc.), to examine the 'ISOLATED','ANECDOTAL' nature of this issue, to separate 'FACT' from 'INNUENDO', and to gain insight into the business practices of the corporate/public new house building industry, and to protect your financial and emotional interests. Reading the court cases available on-line is a good idea, too.
Your due diligence is only effective BEFORE the fact.
I wish you well.
Read more: To access the following, copy and paste the quote below into a Google search.
www.philly.com/mld/inquirer/news/local/7803801.htm
"Hovnanian's letter to the homeowners claims that 'when there is a problem, we make things right,' " Spatz said. "After several years and a long legal battle, I am still waiting for that to happen."
Believe what you want. Protect your interests before the fact. Do not make the mistake that I did. Justice delayed, justice denied?
"Freedom, democracy, rule of law, these are the safeguards for coping with human nature",Clifford May, president of the Foundation for the Defense of Democracies. |
wilson2207
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posted 10 July 2005 21:21 CET
New house shopper, be aware...
The following is in the spirit of transparency, full disclosure, free enterprise, good corporate governance, The Ownership Society, and the freedom of the new house shopper to make an informed decision:
"Beazer Homes includes a ten year Home Builder’s Limited Warranty with the purchase of every brand new Beazer home. This Home Builder's Limited Warranty provides you peace of mind, as it is administered by Professional Warranty Service Corporation and backed by Steadfast Insurance Company, a Zurich American company, and it protects your new home from "Construction Defects" during those first ten years of home ownership. The warranty covers materials and workmanship, as outlined in the Performance Quality Standards, for the first year after the date that you close."
Reassurance?
Or, a potential pig in a poke, for the most part purchased sight unseen, with no truly effective, economically reasonable, means of recourse to protect the interests of the purchaser?
Jeopardizing your family's financial future?
With the passage of The American Dream Downpayment Act, the following is of particular importance to the vulnerable and uneducated new house shopper.
I would like to thank Sanford Homes/Beazer Homes, for providing me with the opportunity to gain the experience necessary to contribute the following message.
I would like to thank Beazer Homes/Sanford Homes, for providing me with the opportunity to gain the experience necessary to contribute the following message.
I would like to thank Sanford Homes/Beazer Homes, for providing me with the opportunity to gain the experience necessary to contribute the following message.
Consider this a public service message:
This could be the most risky purchase that you will ever make, potentially 100%+. How much are you willing to risk? Your retirement? Your kids' college education?
Write to me if you want to know about my experience with, and opinion of, Sanford Homes/Beazer Homes. wilson2207@yahoo.com
Write to me if you want to know about my experience with, and opinion of, Beazer Homes/Sanford Homes. wilson2207@yahoo.com
Before you sign a contract to purchase a new house, walk through an established neighborhood where your builder has built houses within 1-3 years (5-8 years would not be a bad idea.) and ask the neighbors about any unresolved warranty issues and how warranty matters were generally handled. Do not rely on the builder's representations. Before the contract is signed, it is still YOUR money.
Try to determine the number of new house owners, in your chosen housing development, who are non-occupants, employees, related parties, or country club acqaintances of the corporate/public new house builder.
Ask your builder how many of their valued 'customers' they've required to sign a Non-Disclosure Agreement as a requirement for the new house buyer to receive a warranty settlement as a condition for having work done that should have been covered under any reasonable warranty by the benevolent, fair minded, our interests are your interests, new house builder?
Do not let your warm, tingly, feelings about your future new house, cloud your judgement. Don't fall in love with something that can't love you back. Until you are a satisfied homeowner, your house is nothing more than assembled building materials with a hefty mortgage, with the potential to become more of a nightmare than a dream.
Also, ask the builder's representative how many times houseowners have had to file a lawsuit against them in an attempt to get warranty issues resolved. Be willing to wait for an answer. Then verify the answer you receive independently.
Also, ask for a copy of the Limited Warranty Agreement including all Exhibits and read them. Mainly, get the warranty documents. Do this before any money changes hands. This will show you the position you will be in when problems arise.
Ensure that your new house builder pays THEIR SHARE of YOUR first year's realestate property taxes.
Ask your builder if they are aware if any of their former customers have had to commit some type of fraud in the completion of a Residential Property Disclosure Statement, or to otherwise have to pay for remediation of a house problem that was legitimately the responsibility of the new house builder, and as a result of the new house builder's overt or subtle act of ignoring a valid new house warranty claim?
Ask the builder if they have a 'Standards of Construction' document. Some builders may now call this document, Performance Quality Standards. Some builders may call this document by another name, but its contents will be the same. Obtain this and read it. Pay particular attention to the term, 'standards of the industry' (the lower the 'standard of the industry', the easier it is to meet the standard; which allows for the acceptability of shoddy construction under the protective excuse of the 'industry standard'). This will give you an indication of the quality of your new house deemed acceptable by the corporate/public new house builder. Do not assume that your new house will be of the same quality as the builder's models. Some people may view this as being similar to 'bait & switch' practices within the retail industry.
An independent, pre-closing house inspection will not protect your interests regarding leaking windows (wind-driven rain is not considered to be a 'defect' according to the NAHB 'book' of construction defects[try proving what is, and what is not, wind-driven rain when your house has leaks]), a leaky roof, a faulty foundation, settling/heaving/shifting concrete flatwork, or other long term consequences of shoddy construction and other cost cutting measures.
Ask YOUR ATTORNEY to modify/delete the arbitration clause. If the builder is not willing to do this go elsewhere, or require that monies be escrowed to protect your interests. NOTHING in the documents you sign is designed to protect YOUR interests aside from the transfer of title. Fannie Mae and Freddie Mac will no longer purchase mortgages when the sale contract contains an arbitration clause. This should speak volumes about the risks involved in the purchase of a new house.
ENSURE THAT YOUR ATTORNEY, IF YOU HAVE REPRESENTATION REGARDING ANY ASPECT OF YOUR NEW HOUSE, IS NOT A SHILL FOR THE NEW HOUSE BUILDER. Ask the attorney if he has represented, or is currently representing, other clients in actions against the builder? Has he ever filed a lawsuit against the builder? Has he ever participated in an arbitration with the builder? Has he ever refused an arbitration with the builder? Has he ever offered his representation to the client pro bono (no charge), if his client agreed to accept the terms of the corporate/public new house builder's settlement offer (the reason being because the attorney "liked" the client)? Has he dropped a case because his client determined that the repairs required were beyond the realm of "cosmetic" as touted and advocated by the new house builder and stated a "full schedule" as the reason for dropping the client's case? Has he ever not collected on a final invoice for legal services rendered because of his CLIENT'S REFUSAL to pay (this may be an indication of the client's satisfaction with the legal services provided or the magnanimity of the attorney)? And, what were the circumstances and results of any of these actions and proceedings? Do not assume that your attorney or the builder will behave in an honorable manner. For further insight see kbhomesucks.com, Online Discussion, User Forum, page 4/5 Choosing An Attorney.
Review your closing documents for restrictions which may prevent you from publicly expressing your pleasure or displeasure with your new house purchase. For example: yard signs, petitions, picketing, Internet posting, letters to the editor, etc.; anything which may be an attempt to confine your experience and opinion to your household.
Do not assume that you are dealing with honorable people. Get an independent, second opinion regarding ANYTHING of substance related to your new house; however, at this point it may be too late. YOUR interests are YOUR interests, only.
Do not let the largest purchase of your family's life become a financial and emotional nightmare. How much are you willing to risk? Financial security in your retirement? Your kids' college education?
Learn from my mistake (One would not think that the purchase of a new house for one's family could possibly be a mistake.) the mistakes of other new house buyers, and the behavior of some corporate/public new house builders.
IN MY OPINION, WHICH IS BASED ON MY EXPERIENCE, THERE IS NOT A LEGAL PRODUCT AVAILABLE IN THE MARKETPLACE TODAY THAT CARRIES THE DEGREE OF POTENTIAL FINANCIAL AND EMOTIONAL RISK FOR THE PURCHASER AS DOES THAT OF A NEW HOUSE.
Visit Homeowners Against Deficient Dwellings, HADD.com, HOBB.org, Homeowners For Better Building, WESH.com, Building Houses: Building Problems, Consumer Reports' research study: Housewrecked--link available at the HADD web site, 10 Things Your House Builder Won't Tell You, www.smartmoney.com/consumer/index.cfm?story=tenthings-jan00, 10 Things Your Attorney Won't Tell You, www.smartmoney.com/consumer/index.cfm?story=tenthings-october03, How To Prevent A New House Nightmare, www.lakesidepress.com/dreams/section4.html, Shoddy Building in the Housing Boom? Business Week April 25, 2003, www.businessweek.com/bwdaily/dnflash/apr2003/nf20030425_1874_db035.htm, Exposing New Home Builders, exposingnewhomebuilders.typepad.com/newhomebuildersnewsblog/ (some builder specific web sites have been effectively eliminated), ourrylandhomes.com(use google.com for this one: our ryland homes), paltryhomes.com, jdpowers.com, kbhomesucks.com, kbhomestink.org, The Pulte Home Experience, www.trendzweb.com/pulte/., paylessbills.com/richmond_american.htm, drhortonlemonhome.com, drhortonsux.com, mybadhouse.com/pages/1/index.htm, Home sweet crooked house, money.cnn.com/2004/06/09/real_estate/buying_selling/homedefects/index.htm, bankrate.com/brm/news/real-estate/20040812a1.asp, Monday, June 21
New-home warranties not what they are cracked up to be bankrate.com/brm/news/real-estate/BuyerGuide2004/fthb-blog-archive.asp, webgripesites.com, mymccrearyhomesucks.com/, w3.ripoffreport.com/reports/ripoff76506.htm, Home-building report/broken system, www.app.com/apps/pbcs.dll/article?AID=/20050420/OPINION/504200384/1030, www.screwedcentral.com/ubb/Forum1/HTML/000331.html, and ANY search engine (new house construction, lawsuits, defects, complaints, etc.), to examine the 'ISOLATED','ANECDOTAL' nature of this issue, to separate 'FACT' from 'INNUENDO', and to gain insight into the business practices of the corporate/public new house building industry, and to protect your financial and emotional interests. Reading the court cases available on-line is a good idea, too.
Your due diligence is only effective BEFORE the fact.
I wish you well.
Read more: To access the following, copy and paste the quote below into a Google search.
www.philly.com/mld/inquirer/news/local/7803801.htm
"Hovnanian's letter to the homeowners claims that 'when there is a problem, we make things right,' " Spatz said. "After several years and a long legal battle, I am still waiting for that to happen."
Believe what you want. Protect your interests before the fact. Do not make the mistake that I did. Justice delayed, justice denied?
"Freedom, democracy, rule of law, these are the safeguards for coping with human nature",Clifford May, president of the Foundation for the Defense of Democracies. |
Cindy McCain
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posted 7 July 2005 22:26 CET
My husband and I purchased a new condo 7/22/04 and cannot get the builder to come fix anything. Our floors are not level, they left what appears to be a piece of a tool in the grout in the bathroom. That is not our REAL PROBLEM now, there has been a water leak (this could have been going on for a year) from behind our refrigator (hooked up by a licensed plumber that the builder hired) in the wall and has completely destroyed our wood floor. Infront of our sofa there is a place where the floor buckled up 4 inches. The kitchen cabinet that holds the sink has some black mold growing on it. Less than a week ago our six year old daughter was diagnosed with some health problems and we are concerned that this problem has been going on for quiet some time with the water. When I contacted the builder he basically in "not-so-nice" words told me it was not his problem. We have had to move out of our condo. If anyone has any ideas on what we can do please e-mail me. Because of our living conditions it may take me a day or two to check my e-mail. We are not the only owners that has had problems with this builder. Please if anyone could advise me what to do I would really appreciate it. |
Tammy Konopko
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posted 7 July 2005 16:33 CET
Please help - our developer refuses to turn over to assocation - we all went to the mayor and no response. He raised our assocation fees and refuses to allow us to see the contracts and bills. HELP !! Many problems in each unit - develope refuses to take our calls. HELP !! BLACK MOLD in unts, buckling floors, etc. Building barely 1 year old. |
Ross and Irma
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posted 6 July 2005 21:13 CET
Below is a list of some of the on–going problems we have with our KB Home:
• Mold
• AC unit broke down
• Plumbing leaks
• Front door not square or sealed properly
• Kitchen floor unlevel
• Visible beams in the ceiling
• Wavy walls
• Uneven window framing
• Windows unable to open
During our final walk through, the Construction Superintendent and Customer Service Representative informed us that we needed to finish the inspection in a hurry. I asked “why”, and was told the CSR needed to get to the airport to pick someone up and the Construction Superintendent was going to his other job doing Custom Homes for his dad. I mentioned that we could re-schedule the walk through, but we were assured that all repairs and cosmetic touch ups would be done to our satisfaction. Later we tried to contact the Construction Superintendent and we were told that he no longer worked in our Subdivision and the new Construction Superintendent had no idea about these promises. We tried to have these repairs completed when work crews were in our house to fix other problems, but to no avail. Three years later, we still have repair notification tape in our house.
• Problem: Leaky windows both upstairs and downstairs.
• KB Explanation: "Condensation"
• KB Solution: We were told to limit the amount of times we opened the front door. We asked “why would it only affects some of the windows and not all.” We were told, “don’t know why.”
• Result: Leaky windows both upstairs and downstairs.
• Problem: Unbearable difference in temperature between the upstairs and downstairs rooms.
• KB Explanation: "It’s your imagination"
• KB Solution: After numerous requests the AC technician takes a reading and there is an 11-degree difference between the upstairs and downstairs. KB puts a mini-blind in one bedroom and recommends that we leave the door to that bedroom and the upstairs bathroom open at all times. KB also adds an electronic temperature control switch.
• Result: Unbearable difference in temperature between upstairs and downstairs rooms.
• Problem: Creaky floor upstairs.
• KB Explanation: "That is to be expected"
• KB Solution: Nothing is done.
• Result: The entire floor upstairs creak and now there are noticeable waves.
• Problem: Wind coming through windows and electrical sockets.
• KB Explanation: "We build our homes with the proper insulation."
• KB Solution: "This would be a good weekend project for your husband." "He can seal the sockets, and put up heavier curtains".
• Result: Wind coming through windows and electrical sockets. |
Doug & Lia
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posted 6 July 2005 21:08 CET
After, months of searching for a new house in the Austin area we were excited to find Kaughman & Broad Homes, now KB Homes. We were sold on the idea of more space/no frills. Filled with all the promise of the perfect investment our ideal starter home has proved to be our worst nightmare!
In the summer of 2001, we were married and moved into our 2100 sq.ft. KB home. Within a week of our final walk-through our Trane air conditioner went out. The quality of the Trane air conditioner was one of KB’s selling points. I first passed it off as a fluke. Luckily it was still under warranty. We have since learned the system KB chose for our home is adequate for a 1500 sq. ft. home, not 2100 sq. ft. This would be the first of many shortcuts we would find were taken when building our house. A month later our French doors began leaking when it rained. We called KB, they came out twice. The doors still leak to this day. We had a jagged hole left under our kitchen sink where it was apparent the finish out around the pipes was done quickly and with little concern for completion. KB came out and put a patchwork of wood around the pipe (see picture) to cover up the hole. Thank goodness it's under the sink out of site. The same "high quality" workmanship went into repairing one of our back patio cement steps KB somehow managed to chip while completing our house. This "fixed" step now looks like a spot on a new car bumper that has been repaired with bondo and primmer (see picture) while the other steps are a nice white cement. This may sound trivial, but it illustrates KB's lack of concern for quality workmanship or repair.
Of course, our KB home suffers from many of the construction problems KB has deemed as "normal" such as cracks on the ceilings and walls that continue to get worse, about a ten degree temperature difference between upstairs and downstairs, creaky stairs and floor upstairs, nail pops, and moisture/decay of sheet rock around windows. We also have problems that started to present themselves two to three years into the picture such as visible beams on upstairs/downstairs ceilings, exterior hardy plank buckling/coming off, cracks on foundation, doors will not stay shut, and the automatic garage door continuously malfunctions (repairman's explanation after numerous visits is "it's due to your house shifting").
Upon completing our first year in our KB Home Lia began to suffer from major respiratory ailments. She was in and out of the doctor’s office and hospital. She was put on doses of steroids to control her onset of asthma. Ironically, three and a half years later, a month before Lia was to deliver our first child we would come to find out we had mold behind the faux octagon window that is on the front of the house. This faux window backs up to Lia's closet. One can only imagine the light bulb that went on in our heads when this was discovered! Apparently this window was installed backwards leaving holes exposed (see picture) for water to enter into the wall of Lia's closet. We explained this to KB and they have since admitted to the problems associated with these windows. We had the mold tested by a professional. Although, his findings were that the mold is not at a toxic level at this point, anyone with a compromised respiratory/immune system or an infant should not be exposed. This room was supposed to be our new babies nursery which we had just finished painting and decorating. This news was very disappointing and frustrating for Lia who had looked forward to using and enjoying her new nursery with our baby. I had no idea how important a baby nursery was to a new Mother. By this point our new home warranty had expired.
Prior to us becoming aware of the mold problem we had decided to put our home on the market. We had lived in our home for two years and were ready start a family and move on to a bigger house. We felt confident we could sell our home because we had made some upgrade improvements including Italian ceramic tile, wood floors, custom paint and crown molding. We put our home on the market complete with a virtual tour on the web. The virtual tour generated a lot of interest and calls to our realtor. However, to our dismay, other Realtors would call and say something to the effect of "I have a client who is interested in your listing... it looks great, it's in the right price range, who is the builder?" After this happened enough times, our realtor did some follow up and found out that the other Realtors were advising their clients against purchasing a KB Home because as one stated "I can't ethically put my client in a KB Home." Apparently, KB's negative reputation had preceded itself unbeknownst to us. After nine months we decided to take it off the market. Our realtor has since decided to never list a KB Home again. Many of her colleagues have done the same because of similar experiences. What chance do you really think we have in selling our house when we now also have to disclose the mold problem and builder defects?
Houses are generally supposed to appreciate in value. One would think they should last as long as one has a mortgage (fifteen to thirty years). However, with what we have experienced with our KB Home it seems as if KB has found a way to build in obsolescence into their houses.
Something to ponder, when we met with two high level KB executives to discuss KB’s definition of the "normal" problems with our home. I asked them point-blank do you live in a KB built home? They both answered "no". |
Steven Manni
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posted 6 July 2005 06:35 CET
Please note this complaint depicts my version of the events and is true to the best of my knowledge. I am sure Creative Homes has their own version and I highly recommend that you contact them for their side of the story.
I contracted with Creative Homes to design and build a custom home for my family in their Blueberry Knoll development in Norton Massachusetts. Shortly after moving into our new home we experienced a basement full of water. The basement floor was covered in large cracks and the water was percolating in. Creative Homes installed one sump pump and claimed that it solved my water problem. Within the first year the problem re-occurred several times. Creative Homes installed a second sump pump and the problem continued. Next, they claimed that their use of continuous footings under the lolly columns was damming the water and preventing it from reaching the sump pumps. They decided to cut pathways between the footings and for the third time claimed that they solved my problem. Please note, they never mentioned that their decision to utilize continuous footings was in direct violation of our approved blueprints and therefore was a breach to our contract.
Per Creative Homes request we provided a punch list of issues at the one year inspection. On that punch line was a line item that stated “Water in basement. How do we know the problem is resolved?” I wanted assurance from Creative Homes that I did not purchased a lifetime of basement water problems. Creative Homes assured me that they solved my problem. As this problem occurs sporadically throughout the year, I had no way to dispute this claim. I took Creative Homes’ assurance as their oral commitment that they had indeed solved my problem and if it was not solved they would do the honorable thing and stand behind their product.
The next spring and every spring thereafter, I’ve had a basement full of water. I called Creative Homes and was told by Bill Griffith that as my warranty had expired, I was on my own even though one year earlier he personally assured me that Creative Homes had solved my problem and would stand behind their product. Creative Homes felt no legal or moral responsibility to fix the problem that they created and failed to properly rectify during the warranty period. Please note, given that this problem has occurred every spring and sporadically throughout the year since we moved in, leads me to conclude that Creative Homes’ claim that recent changes in the water table is causing my problem. This has been an ongoing problem to the same degree since we moved into our Creative Home.
Recently I became aware of that fact that my contract with Creative Homes, via the approved blueprints, explicitly states that the footings are to be individual 30” x 30” by 10”, unless otherwise noted. The blueprints specified continuous footing on the walls only, not the lolly column footings. As Creative Homes took it upon themselves to use continuous footings on the lolly columns, I feel that Creative Homes breached the contract. Had I been aware of this breach 12 months ago, before the statue of limitation expired, I firmly believe that they would have been liable in a court of law.
My neighborhood was exclusively developed by Creative Homes. As they sold themselves to me as an expert builder/developer having recently developed 300 homes in the area prior to mine, I had every reason to believe that they would take every precaution to ensure that they delivered a high-quality home. I have a cranberry bog on my front lawn and a pond behind my house. One of my nearby neighbors who moved into their Creative Home several years before construction on my home began was still experiencing basement water problems until Creative Homes recently assisted them with the installation of a perimeter drain system. As Creative Homes knew about this issue and the water surrounding my home before construction on my home started, they had an obligation to offer me additional protection. For example, they offered to install a perimeter drain system in another of my neighbor’s home for a nominal fee during the construction process of their home.
I am very concerned that the water is eroding the steel lolly columns which will likely lead to a major structural failure, mold is growing which will eventually lead to health problems for my family and I’ve lost the use of 1/3 of the space in my home. I was promised a high-quality home for my family and was assured that Creative Homes solved my problem while it was under warranty. I want Creative Homes to do the honorable and morale thing and stand behind their product and their assurance (oral commitment) that they solved the problem so that my home is safe, healthy and fit for its intended use. I have several quotes from local, leading basement water-proofing companies for approximately $10,000. I want Creative Homes to pay this amount to have this problem finally rectified. |
Stacey Maziarz
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posted 5 July 2005 09:38 CET
Our home in Arizona, built by McCreary Homes of Tucson Arizona, was ridddled with defects. Water poured through walls, wrong materials were used, our ceiling in the great room sagged and started coming down, termites infested the house - and the builder sued us for his last draw! To top it off the local builders association - Southern Arizona Homebuilders Association (SAHBA) stands behind this builder in their "Certified Custom Homebuilder Program". There is no justice for the home owner in Arizona. Current laws are tilted towards the builder. Defending the lawsuit caused us to lose the home, file for bankruptcy and has almost destroyed our family. You can read about our struggle at http://www.MyMcCrearyHomeSUCKS.com/ |
Steve Connolly
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posted 27 June 2005 21:07 CET
Front Door improperly installed, (door hits the sheet rock before the jam causing damage) It is a door meant for 2X4 construction but the wall is 2X6 framing. Brand new roof improperly installed (causing the rain water run off to run behind the gutter causing water damage), and Improperly installed siding (buckling and unfinished sections of siding) and second floor deck is falling away from the house and cannot be used for fear of total failure. |
Emerick & Elke Worthington
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posted 21 June 2005 19:05 CET
We had a home built by 3Pillar Homes in the Columbus,Oh area, and it was a disaster. The builder refuses to come in and fix the problems in our home, unless we sign a wavier releasing his company from all warranties on the home. The home is not even a year old. We are the only fmaily in the neighborhood he is doing this to, as far as signing their warranties away, and refusing to fix their homes. I am not sure if it is becuase I am blk/american indian and my wife is german, and white.
Our walls are not square, front door will not close well,blows open when the wind gets above 20mph, refused to do a one year walk thru,unless I signed the papers. All we wanted was to have the house fix. My wife wanted to do this home on her own, and I stood back while in school, and they took advantage of her, we have no final inspection, no mechanical inspection, no occupancy permit, the temp expired. We had a cap on our sewer vent pipe on the roof, and were smelling things,and everyone was getting sick, then out of the blue my wife went blind in here right eye, from a BRAVO, which is a blood clot. Took evrything to get thing cut off, have't had a problem since, but my wife has lost her sight in that eye for good. No one wants to take the blame for the construction of this home. Can someone help up? |
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