Builder: Biltmore Homes, LLC
Development: Snowhill Preserve
Location: Durham, NC

We purchased our home in July 2006. We have fought with this builder to make repairs to no avail. We noticed several issues of concern that Biltmore said was normal settling. We contacted the Durham County Inspectors in October 2006 to take a look at our house. They found code violations under the home and insulation missing in the attic and sent Biltmore a letter to fix it. Biltmore fixed it in January 2007. The inspector came back out and said it was fixed to code and the house was structurally sound.
 
We were experiencing problems, such as our cathedral ceiling separating, floors sinking, wall moving away from our fireplace, humps in the hardwood floors, etc. yet this inspector said it was fine. We hired a structural engineer who inspected the house later that same day. He found structural defects and code violations. Diane Wilson covered the inspection and reported it on ABC. We called the Durham County Inspectors back to inspect the home. It was then that they found the same code violations that our engineer found, plus more. They assured us that they would send Biltmore a letter to fix the problems, and to bring their own engineer out to inspect the house. They would have 30 days to comply. (Durham County Inspectors have never followed up on these code violations. They sent Biltmore 1 letter. We have not heard from them since.)
 
It was at this point that we hired an attorney. Biltmore did bring their engineer in to inspect in April. He agreed with everything our engineer said, and also added that the house was not built according to the plans. But once again, Biltmore promised to fix everything. We explained to them that this home has no resale value, as it has structural defects. Tony Morin, the owner of Biltmore Homes, told us that we did not have to disclose structural problems in the home. If a home inspector saw all of the extra wood where it was repaired, we could just tell them we "beefed the house up". Our real estate agent made it clear to him that we did, by law, have to disclose structural problems, or we could be sued.
 
Well, that was April 2007. We did not hear from Biltmore Homes again until June 2007 after they received a demand letter from our attorney to purchase the home back or face a lawsuit. Biltmore sent us a letter declining the offer to buy it back, and wanted to know when they could start repairs. Biltmore also sent us a letter in July stating that our one year warranty was up, and they needed our punchlist to make repairs that were needed. As if they did not know what repairs did not need to be made.

We filed a lawsuit in September 2007. The case number is 07CVS5085 Durham County Superior Court. Biltmore Homes was sent the lawsuit by certified mail, and refused to sign for it. We have now had to serve the Secretary of State and publish in the weekly Wake Forest paper service on Tony Morin. Just a delay tactic.

We decided to make the public aware by painting a message on our garage door. Diane Wilson came back and did another report. You can view it here: http://abclocal.go.com/wtvd/story?section=triangle&id=5685373

We were threatened by our HOA with a lawsuit for painting the garage. They sent a letter telling us to take the sign out of our yard, it was against the covenants. When we made it clear that we did not have a sign in our yard, he then dropped the sign issue, and said we did not get permission for our paint color. There is nothing in the covenants against what we did. He then said that they received a complaint letter from a neighbor. When summons by our attorney to submit the letter, they admitted that there was no letter, but they had gotten verbal complaints. Although we could fight a lawsuit against them, and possibly win seeing as it is our first amendment right to post that on our garage, it would cost us more to do so. Sometimes you have to pick your battles, and our battle is with Biltmore Homes, not the HOA. We have since painted over our lovely garage, but not before placing magnetic signs on the back of my SUV that state exactly what was on the garage. Works out better I think. Now the sign is mobile.

I cannot speak for my neighbors, but I can say that many of them have also had a multiple problems with empty promises of getting them fixed. Many are still waiting for repairs.

 
I will keep you posted on the lawsuit. It is nice to find a site where there is so much support.