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Diamond Homes

Phone: (915) 449-9044

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Customer Complaints Summary

1 complaint closed with BBB in last 3 years | 1 closed in last 12 months
Complaint TypeTotal Closed Complaints
Advertising / Sales Issues1
Billing / Collection Issues0
Problems with Product / Service0
Delivery Issues0
Guarantee / Warranty Issues0
Total Closed Complaints1

Complaint Breakdown by ResolutionAbout Complaint Details

Complaint Resolution Log (1)
03/31/2016Advertising / Sales Issues | Read Complaint Details
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Complaint
We are seeking a refund on our deposit and upgrade fees paid to Diamond Homes in the amount of $3450 for deceptive business practice plus $400 apprasa
On June 2, 2015 my husband and myself entered into a written contract with Diamond Homes in El Paso, TX for the construction of our new home located at *** ******** El Paso, TX XXXXX. We wrote them a check to secure the lot for $2500 and agreed to pay upgrade cost of $950 along with $400 for appraisal fees owed to First National Bank due to this deceptive transaction. On September 23, 2015 I received a call from the builders representative ******* ***** indicating that the builder was running behind on the construction of our home. ******* stated that they were going to move my completion date to mid December. Due to the delay I agreed to put my current home for rent until November, giving me a place to stay until the new home was built. The builder offered to compensate for the inconvenience by offering us a credit of $675 towards a NuVo System, which we agreed to but never purchased. On October 23, 2015 I received an email from the loan officer ***** ****** (First National Bank) indicating that she received a call from ******* indicating that the house would be ready by mid November. I immediately contacted ******* from Diamond Homes, who did indicated that indeed the house would be ready for inspection by November 3rd. I expressed my concern to Diamond Home advising them that due to the fast construction I still needed to put my current home up for lease I had pushed all my dates due to the delay in constructions. ******* then advised me to speak to my realtor **** ****** about falsifying a lease so we can close on the home, I then explained to ******* that my husband and I didn't like to tamper with legal documents and that falsifying a lease would be something we would not agree to do. I explained to ******* that we had hired Century 21 property management and that I would contact our realtor to check on status. At this point we continued to move forward with the request from the builder. On November 10, my husband was able to contact the gas company to have services set up by November 13. We also hired an inspector which we paid $220 to have the house on *** ******* inspected on November 16. After that on November 23 we proceeded to do our first walk-thru as per ******* and Diamond Home's request. On November 24, ******* requested we do a final walk thru I mentioned to her that the Diamond Home representative advised us we would not do a final walk thru until we had a closing date. On her text message ******* mention that the loan officer stated she was ready to close, which was incorrect due to the delay that Diamond Homes and Dream Work Realty posed upon us it was impossible to rent my house in a span of 3 weeks. My husband and I were offered an extension of our contract for a non-refundable fee of $1500. We then received a default notice from Dream Work Realty on December 3 giving us a 5-day grace period to close on our house and on December 23 a termination of contract. We feel we are being penalized for not falsifying a legal documents as ******* ***** suggested several times, not only are we out of approximately $7000 but also extremely upset over how both Diamond Home and ******* ***** (Dream Work Realty) operate on a deceptive practice since they are the main reason we are out of the house and money.

Desired Settlement
We are seeking our monies be returned to us this includes upgrade, deposit and appraisal fee due to deceptive business practice. The companies broker contacted us due to Diamond Homes running behind on the building of the new home the moved the date 30 day, however failed to notify us that they were back on schedule. this cause conflict on our end since we had to put our home up for rent. The deceptive business practice happened when Diamond Homes' broker insisted we falsify a lease in order to close on our home. Since my husband I refused to collaborate on falsification of documents we ran out of time in closing on the new home. This is a situation was caused by Diamond Homes and their representing broker and we are the ones having to pay for the penalty of their wrongful business practice.

Business Response
Diamond Homes together with listing agent, ******* ****** treated the buyers fairly, with great respect and acted within the parameters of their capabilities and scope of work. The Notice of Default, Notice of Termination and monies retained were in accordance with the signed purchase agreement.

The purchase agreement was terminated due to default by the Buyers. The Buyers were unable to obtain financing for a mortgage loan. Diamond Homes and ******* ***** are independent from First National Bank and do not issue home loans nor have any bearing on the Buyers' financial qualifications or monetary decisions made to that affect. At no time were the Buyers told to falsify any documents.

Diamond Homes made several generous attempts to allow the Buyers the necessary time to close on the home. They allowed them a grace period of 31 days before they sent the Buyers the Notice of Default when they failed to close on time and were non-compliant to the loan officer's requests.

A final meeting with buyers and their agent, ******** ******* was held on 12/14/2015. Diamond Homes expressed to the Buyers their intent to find a resolution that would be agreeable to the Buyers. Diamond Homes extended several offers and gave the Buyers an opportunity to extend their closing date. With their agent present, the Buyers declined all the offers extended by Diamond Homes. The Notice of Termination to Buyers was sent on 12/23/2015 nearly seven weeks after Buyers' default.

Diamond Homes was saddened that the Buyers were not able to close on their home. Diamond Homes is confident, however, that they made every effort to make the transaction work. This matter is well documented and is available for review upon request.



Consumer Response
The response from Diamond Homes is not acceptable, it is not accurate, they failed to mention that the reason we are in this position is because Diamond Homes doing. My husband and I were never not approved for a loan. The conditions of our loan with First National Bank , which is a preferred lender of Diamond Homes, were that we lease our current home in order to be approved for the new house. The problem began when Diamond Homes via ******* ***** contacted me on September 23 to indicate the construction of the home was going to be delayed until mid December and that they were still under contract to move the date. Diamond Homes did offer to pay for part of a surround system in the amount of $675, which by the way my husband and I never pursued the offer. We did stress to Diamond Homes we were willing to work with them regarding the completion date as long as it was not a rushed construction. ******* ***** did mention that this was the first time the builder had been delayed. The problems began when Diamond Home nor Dream Work Realty failed to status us on the construction and exactly one month later on October 23 First National Bank contacted me to advise that the new house was ready. This cause great stress since we had moved to put our house on the market until November. I express my complete stress to ******* ***** indicating that they were placing me in a stressful situation due to my current home not being in the market to be leased due to our conversation. This is when ******* ***** proceeded to insist I reach out to my realtor ******** ****** to help me falsify a lease agreement in order to close on the new home. Like I mention to ******** my husband and I are honest, hard working individuals who do not do business by falsifying documents. ******* stated that there was no problem with a false lease she would to it often with her clients, however we refused to proceed with a false lease. I expressed my concerned over unethical business practice to both my realtor Ms. ****** and my loan officer ***** ******* I did however, proceeded to contract property management through Century 21, and placed my home on the market as soon as possible. Of course, my home was not leased in the 3 weeks Diamond Homes allowed based on the contract we had and the bank was still not able to close due to no lease. This is when we started receiving more pressure from the builder to close on the new home. I expressed to ******* if the delay of closure was not our fault Diamond Homes failed to notify us that the house was going to be completed even before the original completion date. My husband and I requested a meeting with the owner of Diamond Homes to express our concern, instead we were scheduled a meeting with ******* ***** of Dream Work Realty and ****** ******* a representative of Diamond Homes instead of the owner ********* *******. Diamond Homes did offer an extension to our contract for a nonrefundable fee of $1500, of course we didn't accept since we had already given them too much money and at this point made us skeptical on the type of organizations we were dealing with. As part of my complain we are seeking partial refund of monies we lost due to their unethical practice and the fact that we were not willing to participate in falsify documents this transaction caused my family approximately $7000, however we are only seeking $3450. Diamond Homes and Dream Work Realty can insist that they never suggested for us to falsify a lease, but my point is how would I a common consumer, know that a falsification of legal documents is even feasible and would help in closing a sale.

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BBB Business Reviews are provided solely to assist you in exercising your own best judgment. Information in this BBB Business Review is believed reliable but not guaranteed as to accuracy.

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