Placement of home not desirable. Concerns were ignored. Has cause other problems on property.
We purchased a land/home package through ******* Homes of *********** ** in April of 2013 (closing date). Through out the entire buying process, we were told we would be working with the set up crew to determine placement of the home. On March 21, 2013, I went out to the property after work to discover that the land had been cleared and the foundation had been poured. I called the sales manager (who sold us the home) the following morning and expressed my concern about the home not being placed in a location my wife and I would have liked. My concerns were ignored. Upon placement of the home on the foundation, I expressed concern to the head of the set up crew ****** ***** that placement was not to my liking and I foresaw issues with the driveway and grading. She assured me that the drive would be "to code" and the grading in what was to be the front yard would not be as bad as I was thinking. After the home was placed and the drive and grading were done, it was everything I did NOT want. Now, by this time I could not extend my time in the apartment we were in, so we were stuck- start over and have nowhere to live until it was done right, or deal with it. Homeless was not an option, so we tried to "deal with it" while continuously raising our concerns and being ignored. After we closed, we did our initial walk through and made notes of repairs that needed to be addressed. It has been over a year, and nearly all of them are still an issue. Recently I found out that the placement of the home was based off a "general plan" that was submitted to the county we are in 2 years before we set foot in ******* ****** Through discussions with the county, I was told that based on the "septic map", I could have put the home anywhere on the property I wanted, as long as the room was there for the septic and a "repair field", which there was plenty of room. ******* homes first tried to tell me that the county tells THEM where the home HAS to go (false), then they admitted to "dropping the ball" on their communication to us that that was where THEY decided to place the home. The general manager of this particular location ***** ******** admitted that he didn't know the details about the sale, but that he knew I "wouldn't pay for another perk test" ($577), regardless that I had money set aside just in case something like this came up. Through several phone calls, one of the "regional V.P's" (**** ********** admitted that they "dropped the ball" communicating this to us, and that I should get with my wife and figure out how they could make it up to us, since moving the house is not an option and them buying the house back and us starting over again is not an option.
My wife and I decided that they should re-do the landscaping on the front and side yards where the grading was done very poorly, put up a retaining wall in the front yard (where everything washes out), and take the dirt that is removed and fill in the side yard (where everything washes out) with another retaining wall. Basically repairing the damage done by the bad grading and preventing further wash out. **** verbally agreed over the phone. Now, they have changed the "deal" and will not do the landscaping, and Lane has told me he will not send out the repair man to fix the list of problems we have had since the initial walk through unless I sign the "Resolution Agreement". I have the list of repairs that was sent to me by ***** and all are acceptable to me, except for the issue with offering me $1000 instead of doing the landscaping repairs on the front and side yards. $1000 isn't going to cover the block if I do it myself- $1885 (plus applicable taxes) for block, moving the power and cable lines, and equipment rentals. Not including more grass seed and straw- to which I have already spent roughly $1000 on trying to get something to grow in these areas.
1- Completion of all repairs listed on the "Resolution Agreement"
2- Landscaping done to our liking to repair poor grading/wash out, including moving of electric and cable lines
3- Move drive and parking to an acceptable location, including any necessary tree removal and additional gravel(and repair wash out damage in drive) for placement of pool at later date (parking is where we wanted to put a pool. Agreed on during meeting with **** ******* and ***** and *** ***** but not on "Resolution Agreement". I was told parking would not be behind house during set up).
4- Repair of back yard damaged cause by same set up crew dragging neighbors home through yard. Can be fixed using item #5
5- Fill any low areas in yard with topsoil to repair wash out damage.
6- Initial seeding and straw to repaired areas.
7- The $1000 check offered for "Hardship as goodwill"
None of this should come at any cost to me, since all of the yard/property issues would not be a problem if I had been informed that an additional "perk test" would have made it so my home would have been placed where we wanted. The test would have cost $577.
(The consumer indicated he/she DID NOT accept the response from the business.)
In regards to completing the home repairs (they have had an updated list for MONTHS, it's the list on their "resolution agreement"), ******* neglected to mention the stipulation that I HAVE to accept the $2000 "bribe" in order for them to perform the repairs. ******* even sent ***** ***** (repair tech for *******) and a carpet guy out on Monday July XX XXXX to perform the repairs under the assumption that I had signed the papers accepting the bribe, which I did not. I would not allow them to perform the repairs (and ***** would not perform the repairs unless he had the approval from *******, which he did NOT get because I would not accept the bribe) due to the feeling that ******* would use that as my agreement to the bribe. I will not accept this bribe, due to the fact that it will not cover the cost of the retaining walls or the moving of the driveway to a location that would allow placement of a pool close to the home as we originally wanted and I informed Deena **** BEFORE the driveway and parking were even run all the way. Parking was not supposed to come past the side of the house, and it's behind the house, right where the pool was going to go. Now parking CAN'T go where we wanted it, because of the messed up front yard. As for us living in the home for more than a year before bringing up the placement issue, that was brought up in a phone call on the morning of March 21, 2013 to ****** ******* the morning AFTER I saw that a foundation was poured. I was told that ***** **** was supposed to contact me before ground was even broke regarding placement, and he would find out what happened. Apparently he never found out, because I never heard back regarding this issue, and every time I brought it up, the subject was changed. AFTER the home was set, I spent the next 3 MONTHS trying to call Mrs. **** regarding the torn up back yard, the heavily sloped front yard, and the parking placement issues. None of my calls were ever returned. As for not being under any form of duress, that is PARTIALLY true- I wasn't under any from *******, but I sure was from the apartment complex we were living in at the time. I was already month to month for rent for over a year (from a previous home center who's deal fell through on their end at the last minute), and the management was doing everything they could to get us out as they informed us that the rent for our 900 square foot apartment was going to go up over $900 on June 1st (since we were month to month waiting for the home)- they wanted tenants that would commit to a year lease. We were told the issues we had with the house would be addressed after we moved in by ****** ****** (who may or may not still be with ******* homes, depending on who you ask).
******* can feel free to come out and perform the repairs, but there will be no final resolution until the issues stemming from lousy home placement are handled- the issues with the front and side yards, the issues with the lousy parking arrangement, and the ruts filled in where ***** ******* crew drug the neighbors house through. Even the landscaper that came out to look at the yard thought the house was placed poorly. Not his exact words, but I will not type what he really said on something that can go public. Even HE thought the house should have been set farther back (about a house width and a few feet were his words).
IF I were to do the work on the front and side yards ONLY, it would cost me $350 to have the electric re-routed ****** **** had it run on an angle through the front yard), $40 to have the cable line re-routed (runs along side the electric line), $1125 for retaining wall block (estimated 500 blocks), $195 a day for bobcat rental, $85 a day for tiller rental (for areas the bobcat can't get in to), plus any smaller equipment and supplies that I would have to buy, plus taxes. Now if you add in what it would cost to move the parking back about 30 feet (pending septic line marking which STILL has not been done per verbal agreement with **** ********* the added cost of equipment rental plus additional gravel- plus the cost of having at least one load of dirt brought in to fill in the ruts in the back yard, it far exceeds the bribe of $2000. My guess is, **** ********* and **** ******* got the estimate from the landscaper that came out, saw how much it was going to cost to fix their screw up, and decided to back out of every VERBAL agreement that was made (since they know each other so well). Which is why I will no longer take a phone call from either of them, and any correspondence MUST be in writing.
Final Business Response
CMH Homes, Inc. d/b/a ******* Homes ("*******") has reviewed the most recent information provided by the customer. ******* disagrees with the customer's allegations, but has nevertheless made what ******* believes to be a good faith attempt to resolve this disputed claim. Unfortunately, it appears a negotiated resolution is unlikely. The previous settlement offer will remain open until the close of business Friday, August 15, 2014, at which time all offers of compromise and settlement are withdrawn.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
Their "good faith" offer originally was to do the landscaping to "make up" for their miscommunication about the placement of the home. They changed their mind only AFTER the first landscaper came out to view the property. I still have not received an estimate from that landscaper. Their original "bribe" of $1000 was a slap in the face, and only after I told **** ******* that it wouldn't cover materials for the retaining wall did the bribe increase to $2000. They still refuse to perform repairs to the home unless I accept the bribe, and until it will cover the cost to fix their screw up in regards to poor home placement and the torn up back yard, I will continue to pursue a resolution. I have been brushed off for over a year in regards to this, I will not continue to be brushed off.