Business ProfileforEternity Homes, LLC

On June 8, 2023, the business entered into a Consent Order with the Minnesota Department of Labor and Industry (DLI). The Consent Order settles allegations listed in a March 2023 Licensing Order that the business  violated Minn. Stat. 326B.082, subd. 11 (b)(8)(9) and 326B.84 (2)(15) (2022) by demonstrating financial incompetence and untrustworthiness when they: demanded payments not agreed to by the buyer's change orders; refused to continue with construction unless the buyer paid additional funds not included in the contracts; refused to address buyers concerns during and after construction; provided false information to buyers and engaged in retaliatory behavior to buyers who contacted DLI. It was also alleged that the business failed to have all agreements, in writing, a violation of Minn. Stat. 326B.809 (2022) and failed to reasonably supervise employees, agents, subcontactors and salespersons which caused injury or harm, a violation of Minn. Stat. 326B.84 (4) (2022).  It is further alleged that the business violated the June 2022 Consent Order signed with DLI, by continuing to engage in dishonest practices, demonstrating financial irresponsibility, failing to provide reasonable supervision, and failing to reduce all agreements to writing, violations of Minn. Stat. 326B.802, subd. 11(b)(5) and 326B.84 (5) (2022). 

Under terms of the Consent Order, the business agreed to a stayed revocation of the residential building contractors license for Eternity Homes LLC and the qualifying builders license for Nicholas Flynn. The business also agreed to provide to DLI a list of all buyers who cancelled their purchases after Jan. 1, 2021 and documentation of the amount of payments the business retain for each buyer and by Sept. 1, 2023, reimburse all funds to buyers who cancelled their purchase agreements on or after Jan. 1, 2021. The business further agreed to reimburse DLI's Contractor Recovery fund $47,512.51 by Jan. 31, 2024.  The business also agreed to have all agreements, including proposals, estimates, bids, quotations, contracts, purchase orders, and change orders be in writing and signed by customers showing agreement and to fully comply with all agreements with Minnesota consumers, including contract prices, scope of work and closing dates. If the dates change and/or if there is a change order, a written order with the new date and/or documented cost changes must be signed by the business and the buyer.  The business agreed to be prohibited from demanding arbitrary payments for a change order, refusing to proceed with construction or close construction unless a buyer pays additional funds in addition to the signed contract and signed change orders, and engaging in punitive behavior toward consumers who contact DLI.  The business also agreed that if a consumer cancels their purchase agreement after paying for upgrades or change orders due to the business's failure to begin or move forward with construction, the business shall refund the consumer the entire amount of the upgrades and change orders, if the items have not been completed.  The $9,000.00 penalty from the June 2022 Consent Order is lifted and payable to DLI  and a $50,000.00 penalty is stayed on the condition that the business fully complies with the terms of the Consent Order and any law, rules or orders under DLI authority.  Mr. Flynn also has a $10,000.00 penalty which is stayed on the condition that he fully complies with the terms of the Consent Order and any law, rules or orders under DLI authority. 

The Consent Order was for settlement purposes only and should not be considered as an admission of guilt or finding of violation of the law. For more details go to the below link.

According to a statement received from Eternity Homes: "All home builders are subject to state regulatory oversight under the Department of Labor and Industry, which plays a critical role in protecting homeowners, buyers  and ethical home builders from unscrupulous actors. We wholeheartedly support the state's mission to ensure the ethical conduct of home builders. We have had a small number of cases where our clients didn’t agree with or fully understand our contract terms after work had already begun or was completed. Most of the time, we quickly reached a resolution that was fair and satisfying for both parties. In a few instances, the client engaged DoLI to play a role in settling disagreements. We are working with DoLI to resolve these issues under a consent decree which is a settlement agreement. As stated in the consent agreement, these were allegations and not findings of fact. DoLI proposed this settlement agreement as a mutual way to move forward. This settlement agreement reflects our commitment to work with the DoLI and our clients to satisfy any questions over contract terms. In no way do these issues have any bearing on the quality and craftsmanship of our work; most relate to timing, costs, and payments. We are fully dedicated to reaching a fair and productive outcome for all parties involved and anticipate these issues will be settled by March 2024. We will continue to uphold the highest standards in the industry. If you have any questions or concerns regarding this matter or any other aspect of our services, please do not hesitate to reach out to us."