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Central, Northern and Western Arizona

BBB Accredited Business since

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Description

This company offers apartment complex services.

BBB Accreditation

A BBB Accredited Business since

BBB has determined that Westcreek Apartments meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that raised the rating for Westcreek Apartments include:

  • Length of time business has been operating.
  • Complaint volume filed with BBB for business of this size.
  • Response to 1 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.
  • BBB has sufficient background information on this business.


Customer Complaints Summary Read complaint details

1 complaint closed with BBB in last 3 years | 0 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 0
Billing/Collection Issues 0
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 1
Total Closed Complaints 1

Customer Reviews Summary Read customer reviews

1 Customer Review on Westcreek Apartments
Customer Experience Total Customer Reviews
Positive Experience 1
Neutral Experience 0
Negative Experience 0
Total Customer Reviews 1

Additional Information

top
BBB file opened: October 19, 2006 Business started: 04/13/1983 in AZ Business incorporated: 04/19/2000 in AZ
Type of Entity

Limited Liability Company (LLC)

Business Management
Ms. Maria Pinheiro, Member Ms. Urania Pinheiro, Member
Contact Information
Principal: Ms. Maria Pinheiro, Member
Customer Contact: Ms. Urania Pinheiro, Member
Related Businesses
La Paloma Apartments Parkside Apartments
Business Category

Apartments

Hours of Operation
M: 9:00 AM - 5:00 PM
T: 9:00 AM - 5:00 PM
W: 9:00 AM - 5:00 PM
Th: 9:00 AM - 5:00 PM
F: 9:00 AM - 5:00 PM
S: 9:00 AM - 5:00 PM
Su: Closed
Method(s) of Payment
Personal Checks, Money Orders, Cashier's Check, Section 8 Vouchers, Electronic Check via Tenant Portal
Refund and Exchange Policy
Refunds are applicable to holding deposits up to 24 hours after an offer has been made for a holding period of 14 days maximum.  All denied applicants are refunded any holding deposits at the time of denial.  Refund of a holding deposit is NOT applicable if: an offer is rejected after the 24 hour period has expired, failure to move in on the negotiated move in date, and/or the holding period has expired.  Application Fees are Non-Refundable.  All holding deposit funds are applied to the move in balance if an offer is accepted.
Alternate Business Names
4040 West Peoria, LLC The Pinheiro Group

Customer Review Rating plus BBB Rating Summary

Westcreek Apartments has received 0 out of 5 stars based on 0 Customer Reviews and a BBB Rating of A+.

BBB Customer Review Rating plus BBB Rating Overview

Additional Locations

  • 4040 W. Peoria Avenue

    Phoenix, AZ 85029 (602) 978-8884

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Complaint Detail(s)

5/8/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I was a potential future renter with these apartments. After informing the manager that I would be moving from across the country at the end of the month, I was assured that as long as I sent in a deposit my apartment would be held until my arrival. However, after arriving in Phoenix with my young daughter, I was informed that my unit had been rented out two weeks prior and that I would not receive a refund of my deposit. They refuse to give any information for me to contact the owners and I NEVER signed anything that stipulated that I wasnt entitled to a deposit. I have no other options outside of expensive legal resources at this time and sincerely hope that the Bureau will be of some assistance in getting this manner resolved. Thank you in advance.

Desired Settlement: I am simply looking for the complete refund of my deposit at this time.Nothing more, nothing less.

Business Response: Dear Marilyn Huffman and Complainant,

Following is the report that was written up by me, ****** ********, the owner's agent for this property back on 4/10/2012 which outlines the original complaint brought to my attention on 4/9/2012.  All complaints are reviewed and a report done to document the complaint as well as assist us in improving our services.  The complainant was given the owner agent complaint email address, *********************, as I instructed the office manager to do and she did in my presence on 4/9/2012 while the office manager was on the phone with the complainant.  She was given the proper information to contact the owner/owner agent and I never received contact from the complainant through that or any other email.  But as I was present when the complaint came in I immediately began my investigation.

Review Date: April 10, 2012
Review Conducted By: ****** ******** - Owner Agent

Review Purpose: Holding Fee Refund request
Complainant Name: (Omitted for BBB response for Privacy Reasons)

Basis For Consideration: The new website application and documents fail to advise of the complete holding deposit policy.  Although the policy was explained on 3 different phone conversations, witnessed by the owner agent on 2 calls, full review will be done to determine if the holding fee is refundable.

Facts:
2/27/2012: Application signature date. Unit placed on courtesy hold.
3/6/2012: Complainant mailed 2 personal checks to cover the application fee of $20 and $200 to reserve the unit.  Our staff contacted the complainant advising her that the fees must be made by certified funds.  The holding fee policy was explained again during this conversation.  The owner agent was conducting customer service observations and monitoring calls and noted the conversation in her audit which was attached to the applicants prospect file.
3/8/2012: Our office received an express package containing one cashiers check in the amount of $220.00 ref# 06743  Our staff contacted complainant to confirm receipt of the funds and reservation of her unit.  Again the policy was explained to complainant when she confirmed a move in date of 3/30/2012. 
3/12/2012: Office manager contacted complainant to advise her that her application had been approved, discussed the move in offer and once again advised complainant that she now had 24 hours in which to decline the offer for her holding deposit to be refunded in full. She was also instructed to complete her application by providing documents related to her income, she advised she was awaiting documents from her employer and would present them as soon as she had them. Complainant advised that she accepted the offer and would be moving in on 3/30/2012.
3/30/2012: Complainant did not show up as agreed to move in.  Our staff left a message for complainant.
3/31/2012: Our staff spoke with complainant who advised us she had just arrived in Phoenix and needed a little more time to obtain the required documents to finalize her application and to gather the move in funds.  Owner agent approved and extension of the holding period to 4/4/2012 as per the complainants request.
4/4/2012: Office manager advised owner agent that the complainant had not shown up or contacted our office and missed a second move in appointment.  Owner agent advised office manager to contact the complainant and advise her that the unit would no longer be held.
4/5/2012: Message was left for complainant and unit removed from reserved status and placed on marketing list for rent.
4/6/2012: Unit was rented to another applicant and another message was left with complainant advising her that we no longer had any units for her to consider in the floor plan she had originally reserved,  Her file was closed and funds deposited.
4/9/2012: Complainant called our office requesting her deposit back.  Owner agent was present during the conversation in which complainant was verbally abusive and rude. Owner agent instructed the office manager to hang up the phone until the complainant could conduct her business in a reasonable manner.  When the complainant was finally able to conduct her business respectfully office manager advised her that her 2 personal checks were still being held for pick up, that her request had been given to an owner agent for review and that she was to call back on 4/10/2012 to get the final decision.  The main contact for complainant was out sick today and the owner agent wanted to discuss the matter with the agent before rendering her final decision.
4/10/2012: Owner agent reviewed the physical file, computer record and notes and took statements from all staff members involved and rendered her decision NOT to return the deposit based on the facts that the complainant was aware of the policy, for failure to provide the documents to complete her move in and especially for failing to show or contact our office on 4/4/2012 as promised a second time.  Staff contacted complainant to advise her of the decision and the reasons for the decision.

Conclusions:
The lack of documents on the website is problematic and has been escalated to rewrite the legal statement on the application and a request for the addition of a Resource Page on the website designed to address the policies and out of state applicant checklist.  Had the applicant canceled the reservation at any time leading up to and including the original or even second move in date a full refund would have been likely. 

However, given the extensive notes and conversations in which the applicant was educated on the holding policy on 3 different occasions, 2 of which were witnessed by the owner agent, and the lack of communication or consideration for her reservation on her move in dates; the issue is beyond whether or not the applicant was aware of the holding policy and is an issue of failing to meet the agreement to provide documents for her move in and failure to show up to or notify our office of delays on or before her move in appointment dates.  The deciding factor being the failure to move in as agreed and failure to notify our office of any delays or request for extension forcing us to cancel the reservation and the fee forfeit as is customary for our industry. 

Total days of reservation was 40 days, maximum hold is 14 days as per company policy.  The audits and review show that all staff members followed company policy and went above and beyond in ensuring the applicant was kept informed and aware of all the requirements and policies related to her move in. 

Actions:
Website Development - Improve application document and add resources staff and consumers can use to ensure complete understanding.
Training: Reinforce the importance of keeping notes of all communication and actions related to a prospect or resident record.  This record is a good example of how to keep proper notes for auditing purposes and inter office communications to keep customer service levels at their highest.

As you can see by the timeline above the complainant has erred in her statement that her unit was rented two weeks before her move in date.  In fact it was held a total of 40 days and was only removed from reservation on the day AFTER she failed to appear to a second move in appointment with no notice.  All fees became forfeit on 3/14/2012 irregardless, but I did consider the website oversight to justify a possible refund even though I was well aware and personally heard the policy explained on more than one occasion during my audits.  As I stated in my report above, when she failed to contact us at all regarding the move in and a full 5 days passed before we heard from her,  the decision to keep the fee to compensate for the loss of rent was rendered and found to be customary, fair and reasonable.  We understand out of state moves are difficult and rift with delays and because of this we were flexible and understanding but once the communication stopped and a decision had to be made regarding the reservation it was based on the complainants proven track record for failing to meet the terms of the move in process.

We hope this explains our decision and it is found to be fair and reasonable given ALL the facts of the situation.  Although the complainant may continue to feel she has been wronged by my decision I hope that by seeing our side of the situation she will come to realize that we were more than fair and reasonable and that her holding fee is nowhere close to compensating us for her failure to complete the move in.  We stand by our decision.

Please feel free to contact me if you have any further questions or need further information.

Sincerely,

****** S. ********
Owner Agent for Westcreek Apartments
Owner Agent Email: *********************
Contact Phone: 6***********

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved