BBB Accredited Business since

Toll Brothers, Incorporated

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Phone: (215) 938-8000 Fax: (215) 938-8010 View Additional Phone Numbers 250 Gibraltar Rd, Horsham, PA 19044 View Additional Email Addresses http://www.tollbrothers.com


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BBB Accreditation

A BBB Accredited Business since

BBB has determined that Toll Brothers, Incorporated 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.

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Reason for Rating

BBB rating is based on 13 factors. Get the details about the factors considered.

Factors that raised the rating for Toll Brothers, Incorporated include:

  • Length of time business has been operating
  • Complaint volume filed with BBB for business of this size
  • Response to 45 complaint(s) filed against business
  • Resolution of complaint(s) filed against business


Customer Complaints Summary Read complaint details

45 complaints closed with BBB in last 3 years | 16 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 3
Billing/Collection Issues 3
Delivery Issues 1
Guarantee/Warranty Issues 3
Problems with Product/Service 35
Total Closed Complaints 45

Customer Reviews Summary Read customer reviews

3 Customer Reviews on Toll Brothers, Incorporated
Customer Experience Total Customer Reviews
Positive Experience 0
Neutral Experience 0
Negative Experience 3
Total Customer Reviews 3

Additional Information

BBB file opened: January 01, 1974 Business started: 01/01/1967 in PA Business incorporated 06/30/1986 in PA
Type of Entity

Corporation

Business Management
Mr. Doug Yearley, CEO Ms. Michelle Simon, Legal Department Ms. Kira Sterling, Sr. Vice President Marketing
Contact Information
Principal: Mr. Doug Yearley, CEO
Business Category

Real Estate Developers Home Builders

Alternate Business Names
Toll Brothers Company Westminster Security

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    Horsham, PA 19044

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BBB Customer Review Rating plus BBB Rating Overview


BBB Customer Reviews Rating represents the customers opinions of the business. The Customer Review Rating is based on the number of positive, neutral and negative customer reviews posted that are calculated to produce a score.

Customer Review Experience Value
Positive Review 5 points per review
Neutral Review 3 points per review
Negative Review 1 point per review

BBB letter grades represent the BBB's opinion of the business. The BBB grade is based on BBB file information about the business. In some cases, a business' grade may be lowered if the BBB does not have sufficient information about the business despite BBB requests for that information from the business.
Details

BBB Letter Grade Scale

BBB Rating Value
A+ 5
A 4.66
A- 4.33
B+ 4
B 3.66
B- 3.33
C+ 3
C 2.66
C- 2.33
D+ 2
D 1.66
D- 1.33
F 1
NR -----
Star Rating scale

  Average Score
5 stars 5.00
4.5 stars 4.50-4.99
4 stars 4.00-4.49
3.5 stars 3.50-3.99
3 stars 3.00-3.49
2.5 stars 2.50-2.99
2 stars 2.00-2.49
1.5 stars 1.50-1.99
1 star 0-1.49

BBB Customer Review Rating plus BBB Rating is not a guarantee of a business' reliability or performance, and BBB recommends that consumers consider a business' BBB Rating and Customer Review Rating in addition to all other available information about the business. If the BBB Rating is NR then only Customer Reviews are used for the Star Rating.

Complaint Detail(s)

1/25/2016 Problems with Product/Service
11/30/2015 Problems with Product/Service
11/30/2015 Problems with Product/Service
11/25/2015 Problems with Product/Service
10/23/2015 Problems with Product/Service
9/29/2015 Problems with Product/Service
9/25/2015 Problems with Product/Service
9/23/2015 Problems with Product/Service
9/10/2015 Problems with Product/Service
8/1/2015 Problems with Product/Service
7/17/2015 Guarantee/Warranty Issues
4/27/2015 Delivery Issues
3/16/2015 Problems with Product/Service
3/15/2015 Problems with Product/Service
3/5/2015 Problems with Product/Service
2/17/2015 Billing/Collection Issues
1/10/2015 Guarantee/Warranty Issues | Read Complaint Details
X

Additional Notes

Complaint: I closed my home at 10/2010, and there are a few items at 1 year warranty never been completed, and the customer care representative simply Extremely difficult to contact -- they may just do not show up at appointment time, do not reply your email, or only reply one item in the email, until I am tired to chasing them. Recently, my house had plumbing issue -- sewer blocked, and then the plumbing company found a constructing defect -- a faulty pipe line (wood stick pierce through the pipe, and halfway stick into the pipe, I have the plumbing written down, also the picture or plumbing video detection). I contacted the warranty department, and made appt at Thur 12/4/2014 morning 9am to meet at my home, waited till 10am, the representative (Enzo) never shows up, called his office number, and left him voice, never call me back, and tried call him many times (>10), never has anyone answer the phone. Called the Warranty Customer Care Dept many times, and talked to Rick at least 3 times, and every time he just told me will call Enzo, let Enzo call me back, but it never happened. Additional items that never completed at 1 years warranty work: 1. Water intrusion/envelop leak -- water leak around the back door entry, and potential damaged the door frame and surrounding area. 1 year warranty tried fix it, never fixed 2. Flor squeze noise on 2nd hallway -- someone they sent tried fix it multiple times, and just does not work, and he sneak away the last time, and then warranty department never responding to my request 3. MB bathroom door -- wrong type installed, then replaced with a bad one, they told me that were ordering a new door for us, and after 4 years, we are still waiting. They claim that I signed off for all the one-year warranty request item -- that's not true, the worker comes in, worked on it, ask me to sign, then I signed it. It's a proof they worked on it, but not a proof they fixed it.

Desired Settlement: Repair all the defects, and pay for the cost that we fix the sewer blocking, and pay for additional work need to be done for the sewer blocking.

Business Response:

We have reached out to *** *** to meet this week and review his concerns.

 

Thanks, **** S****** - AVP Toll Brothers - Raleigh Division

 

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because:

Thanks a lot for **** stopped by on Thursday to inspected those items/complaints, but so far, no item has been fixed/repaired. Need to wait for repair works/ and actual complaint to be addressed.

Regards,

******* ***








Business Response:

We have met with and reviewed their outstanding concerns.  We are waiting for a date and time (from them) to gain access and address the items we reviewed at their home.  Once we have a date to allow the work to commence it will be completed as discussed.

 

Thanks, ****

12/19/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: We are writing Toll Brothers to again to demand the return of our funds on deposit for Lot *, The ******** at Hillsborough which is now ** ***** **** Hillsborough NJ, *****. The last correspondence we received from Toll Brothers was on August 9, 2012 stating that Toll Brothers would not refund our deposit in excess of $80,000. We are demanding that Toll Brothers return our deposit in excess of $80,000 pursuant to the express terms of the Agreement of Sale. The Agreement of Sale states that "If the Buyer is not approved for a mortgage within 45 days of the date of the buyers execution of this agreement, Seller shall extend the mortgage application agreement process until such time as…2) Seller declares this agreement null and void, in which event, if Buyer has timely applied for a mortgage, pursued a mortgage diligently, and otherwise satisfied all obligations under this paragraph, the deposit shall be returned to buyer, together with all sums on account of the purchase price and extras without interest, and neither party shall have any further rights or liabilities he*****er". We satisfied the obligation to apply to *** Mortgage (twice) and attempted to secure funding from other lenders for over twelve months with no success and therefore the contract is null and void. We were cooperative with Toll Brothers and all the lenders throughout the process. Pursuant to Toll Brothers own language in the Agreement of Sale, upon our inability to secure a mortgage and further upon Toll Brother’s termination of the Agreement of Sales, Toll Brothers was required to return our deposit of $80,000. We believe the initial refusal and Toll Brothers continued refusal to return the deposit represents bad faith conduct toward us, both as borrowers and purchasers.

Desired Settlement: That Toll Brothers refund our deposit in excess of $80,000 because we could not secure financing in the 45 day period. We satisfied all our contractual obligations in the "Agreement of Sale" including applying to *** Mortgage twice and being reject by *** and other lenders such ***** *****.

Business Response: Good afternoon -

On behalf of Toll Brothers, I am attaching a copy of a letter that was recently sent to *** *********. 

Toll believes that the facts are very different than as suggested by *** ********* in his complaint to your organization.

Our records indicate that at no time did *** ********* submit a truthful and timely and complete mortgage application as required by his contract with Toll (yet alone 2 applications suggested by *** *********).  Toll has requested copies of the two denials that *** ********* states that he has but have not seen them yet.

Toll took a loss on the property that it built for the ********** far in excess of the deposit, which Toll is permitted to retain under the terms of the Agreement of Sale executed by the ********** and Toll.  Toll holds an outstanding Promissory Note that will come into play as this progresses. 

We are very sorry that the ********** did not close on the home that Toll built to their specifications.  Yet, the agreement which governed the relationship between the parties does not permit a refund of the deposit in light of these facts.

Please review my attachment which sets forth some additional facts and Toll's overall position.  Thank you!

***** *. S****
Toll Bros., Inc.
###-###-####

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because the facts stated in my original letter are accurate. We officially applied with *** twice through the formal *** Application Questionnaires

that outlined our financial position and determined our requirements for a mortgage. I have attached the acknowledgement from *** that they received the formal

questionnaires and pulled our credit report as part of the decision process to determine if *** could accommodate our requirements.. In both instances *** did not have a product.

Since we have always been transparent throughout the "Agreement of Sale" process outlined by Toll Brothers I have also resent the following details to ***** S****. 

- *** Qualification Questionnaires

- Our stated borrowing requirements to buy the house.

- email confirming that *** did pull a credit report through the formal process and my conversations with *** and full disclosure.

- the house was eventually sold at a minimally reduced prices based on the market

Through our transparency and continued pursuit to secure a mortgage without success, Toll Brothers understood our circumstances and as a well established and seasoned builder should have agreed to stop the "Agreement of Sale" process as we requested.   Alternatively, Toll Brothers acted in bad faith and knowing we could not secure financing, kept our deposit. 

I would like to again request our deposit in excess of $80,000 back from Toll Brothers.  We did not breach the agreement of sale or the mortgage clause and we satisfied our obligation to apply with ***.  We have been cooperative and find this a great injustice for a consumer to have to pursue something that is clearly obvious to a seasoned builder.


Regards,

****** *********








Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because: 

******
Hope you are well and thanks for the email.
Below please find the continuing correspondence with Toll Brothers regarding the settlement of our complaint (********) for the return of our funds on deposit in excess of
$80K.  In the below correspondence you will see that we followed the Toll Brothers "agreement of sale process" and that we filled out two Mortgage Qualification Questionnaires. 
Although these are not designated by Toll Brothers as  "formal mortgage applications",  the questionnaires formed the basis for *** (Toll Brothers Inc) Mortgage Company to make the decision not move forward with our application at that stage in the process and communicated that they did not have a mortgage product that met our requirements. 
Toll Brothers decision to not proceed with our application based on the questionnaire meant that they also never sent  us a "Formal Mortgage Application" as outlined in the Toll Brothers agreement of sale process.. 
We continue to communicate with Toll Brothers in the hope that we can reach an settlement without mediation or arbitration because we have followed the Toll Brothers Agreement
of Sale process and have not received a refund of our deposit.  We would like to keep the compliant open as we have yet to receive feedback from Toll Brothers on our latest
correspondence or phone messages.
Please let me know how we should proceed ?
Regards
***
****** ** *********
mobile ###-###-####
-----Original Message-----
From: ****** * ********* <*****************>
To: d*s**** <*******@tollbrothersinc.com>
Sent: Thu, Nov 20, 2014 2:00 pm
Subject: Fwd: The ******** at Hillsborough, Lot * (From ***** *. S****)

*****
  
We appreciate the settlement offer of $35K from Toll Brothers.  As you know our actual deposit was in excess of $85K
and we sought the return of $80K in our initial correspondence.  During our conversation last week I said that we would
be willing to settle and avoid further action or arbitration for the return of the first deposit check on the property of $63,377.17
The settlement of 63K is a 25% reduction from our overall deposit and we think that $60K would be a fair amount to settle
the matter once and for all.
Please let me know.
Regards
*** 
-----Original Message-----
From: ***** S**** <d*s****@tollbrothersinc.com>
To: ****** * ********* <*****************>
Sent: Fri, Nov 7, 2014 10:22 am
Subject: RE: The ******** at Hillsborough, Lot * (From ***** *. S****)

For settlement purposes only
*** –
I can offer to return to you $35k, and Toll will cancel the prom note.  This is very likely the best I can do.  Please let me know if you would like to resolve.  Thanks.
***** S****
###-###-####From: ****** * ********* [mailto:*****************
Sent: Wednesday, November 05, 2014 2:02 PM
To: ***** S****
Subject: Re: The ******** at Hillsborough, Lot * (From ***** *. S****)
*****
Based on our conversation last week I just wanted to know how you would like to proceed ?
Regards
***
-----Original Message-----
From: ***** S**** <*******@tollbrothersinc.com>
To: ****** * ********* <*****************>
Sent: Wed, Oct 29, 2014 9:22 am
Subject: RE: The ******** at Hillsborough, Lot * (From ***** *. S****)
*** –
The Qualification Questionnaire is not a mortgage application – you would never be able to obtain a mortgage commitment or a credit denial based on that document.   That document does allow credit to be pulled – but it is not a mortgage application.  Since you appeared convinced that you had applied even though we knew you did not, I was encouraging you to speak with Amy F***** in our mortgage group to help you work through the confusion and submit an application.
You should be aware that Toll lost over $100,000 in constructing your house and then reselling it.  Your promissory note is at play here.
Not withstanding this, for settlement purposes only,  Toll would be willing to return $25,000 to you and cancel the outstanding note, provided you execute a release.  Let me know if you want to accept this and we can finalize the paperwork.  If not, I am sorry that this deal did not work out, but the terms of the deal support Toll retaining all funds and eventually calling the note.
***** S****
Toll Bros., Inc.
###-###-####
From: ****** * ********* [mailto:*****************
Sent: Monday, October 27, 2014 10:32 AM
To: ***** S****
Subject: Fwd: The ******** at Hillsborough, Lot * (From ***** *. S****)
*****
I did receive your letter and to avoid any confusion regarding the date of my letter attached please find a copy along
with the postal stamp certifying the date.
I have also attached the following;
- application questionnaires submitted to *** and containing ALL our financial information and the information required 
by *** in April 2011 and July 2012
- email from Amy F***** confirming my conversation with ** ****** at *** and that based on the questionnaire we provided
(twice) that *** did not have a product that fit our requirements  All the information contained on the questionnaires were
comprehensive and we did not have any additional assets or money.
You will also see from initial correspondence that we were always applying for a mortgage of $640,000.  The letter also
points out that I was no longer employed as of June 2012 and therefore would not qualify even though we continued
to pursue alternative financing..
I will respond to the BBB accordingly with the details .
Regards
***
###-###-#### 
-----Original Message-----
From: ****** ****** <*******@mybbb.org>
To: ******* <***************>
Sent: Tue, Dec 2, 2014 9:22 am
Subject: Complaint ********

Hello *******
You can reply directly to this email.
****** ********* 
*** ***** ****
********* ***
Boca Raton FL ***** 

Dear ****** ********* : 

This message is in regard to your complaint submitted on 10/10/2014 12:48:41 PM against Toll Brothers, Incorporated.  Your complaint was assigned ID ********.

The business has sent the BBB a message regarding this complaint, and we are passing it on to you.  The contents of this message are below or attached.  Please respond to this message in written form within 10 days.

The text of your complaint may be publicly posted on BBBs Web site (BBB reserves the right to not post in accordance with BBB policy). Please do not include any personally identifiable information when you tell us about your problem or in your desired outcome. By submitting your complaint, you are representing that it is a truthful account of your experience with the business. BBB may edit your complaint to protect privacy rights and to remove inappropriate language. 

Regards,

****** ****** 
The Better Business Bureau


MESSAGE FROM BUSINESS:
Good afternoon, 

Toll Brothers stands behind its prior responses to this Complaint; and it stands behind the terms of the Agreement of Sale which governed our relationship with the Complainant.  That Agreement of Sale contained an arbitration provision that the Company remains willing to honor.  Thank you.  

***** S**** 
Toll Bros., Inc.
###-###-####
? 
****** ******
 
,  
??
 
Senior Trade Practice Consultant?
 
  
??
 

Better Business Bureau
serving Metro Washington DC and Eastern Pennsylvania 
1880 John F. Kennedy Blvd., Suite 1330 
Philadelphia, PA 19103 

?p: ********  ****** 
f: ###-###-#### 
Email:  
********?
 @mybbb.org
 
bbb.orgStart with Trust®



Regards,

****** *********








Business Response:

We stand by our initial responses to the Complaint, and will not respond further.  Thank you.

12/9/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: We bought a brand new house from Toll Brothers Dallas in Feb 2012. Even before we closed the house we brought up the side yard water drainage issue to Toll's notice. The water from the rain would not drain off properly and keep the whole side yard area wet and mushy. This was also pointed out by our inspector and captured in his report. Toll Construction manager Jamie S********* and Project Manager Jay S******* assured us that if the area continues to remain wet, they will fix the problem even after closing. We trusted them and closed on the house. For the last 2 and half years we have had to live with this poor drainage problem. It has increase to such an extent now that we are facing mosquito and other bug problems due to the continuous wet condition of the soil and building of algae. We have made numerous attempts with Toll for getting this problem resolved. Have also shared a picture time line showing the gradual deterioration of the situation and the side yard. However, Toll has refused to take responsibility. In Jul of this year, Toll finally agreed to look into the problem and suggested to get it inspected. Toll representative promised to get an inspection done by an independent third party contractor that was not working with Toll to ensure things are worked in a unbiased manner. However, Toll went back on their word and continued to push for an inspection through their own surveyor so that they can control things which was unacceptable to us. Toll has implemented the side yard water drainage fix for almost 40 houses in my neighborhood and not initiated a single survey or inspection by a contractor in any of these houses. I have checked this with 3 neighbors of mine across the street. In an additional house across the street, Toll implemented the fix even before the house was sold. The surveyor inspection is simply Toll's ploy to keep things under their control, get the surveyor to say what Toll wants and be free from their responsibility to fix the issue. They have been employing a similar strategy to get out of their responsibilities in the case of other issues as well that they need to fix in my house. The pictures of water standing in the yard is sufficient to understand that there is a problem and you don't need a surveyor for this.

Desired Settlement: 1. Toll must apologise for the 2 and a half years of mental pain and suffering this side yard water drainage problem has caused my wife and I 2. If Toll wants to conduct a professional inspection, they must get an independant third party vendor who is an expert in these kind of problems and also give us a sensible explanation of why the pictures show standing water in our yard throughout the last 2 and a half years 3. Toll must fix the problem and treat us like the rest of their customers that they fixed the exact same problem for (around 40 houses)

Business Response:

September 19, 2014

Dear *** ******:
This letter will serve as Toll Brothers response to the above referenced complaint. In his complaint, *** ******* has raised concerns with the drainage of his side yard. By letters to *** ******* dated August 12, 2014, August 15, 2014, and September 18, 2014, Toll Brothers offered to inspect *** *******'s side yard to determine whether any drainage issues exist. My letter dated August 15th details the specific inspection that our contractor, ****** Surveying Company, a Registered Professional Land Surveyor, would perform. To date, however, *** ******* has refused to permit Toll Brothers to proceed with the inspection because he does not want a Toll Brothers' contractor performing the inspection.

The terms and conditions set forth in the Home Builder's Limited Warranty provided to *** ******* at closing provide that, upon notification of a warranty claim, Toll Brothers has the right to inspect the complained of conditions. Specifically, subpart B of Section VI (Procedure to request us to perform under this Limited Warranty) provides that:
YOU must give US and any third parties acting on OUR behalf reasonable help in inspecting, investigating, testing (including destructive testing), monitoring, repairing, replacing or otherwise correcting an alleged CONSTRUCTION DEFECT. Help includes, but is not limited to, granting reasonable access to the HOME or COMMON ELEMENTS for the forgoing purposes. If YOU fail to cooperate or provide US reasonable access to the HOME or COMMON ELEMENTS, WE will have no further obligation under this LIMITED WARRANTY.

Unfortunately, because *** ******* will not permit Toll Brothers to complete an inspection of the side yard with our contractors, we are unable to take further action with regards to his warranty request. We remain able and willing to complete the inspection, however if *** ******* will not permit Toll Brothers to inspect his side yard with our contractors by Friday, September 26, 2014, we have told *** ******* that we will initiate arbitration proceeding to resolve his warranty request.

Thank you for your attention to this matter. If you require any additional information, please let me know,

Sincerely,
Wendy K.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because:


Regards,

***** *******








Business Response:

October 24, 2014

Dear *** ******:

This letter will serve as Toll Brothers' further response to the above referenced complaint, including the reply letter dated October 7, 2014 from *** *******. We incorporate by reference the response to *** *******'s complaint that we sent to you on September 19, 2014.

*** ******* continues to refuse to permit Toll Brothers to complete an inspection of the side yard with our contractors. Pursuant to the Home Builder's Limited Warranty, we are therefore unable to take further action with regards to his warranty request. We are in the process of initiating an arbitration proceeding with ** **** and Associates, Ltd. (“** ****") pursuant to the terms of Section VIII of the Home Builder's Limited Warranty to resolve this dispute. The Home Builder's Limited Warranty specifically provides that ** **** is the arbitration service provider.

Thank you for your attention to this matter. If you require any additional information, please let me know.
Sincerely,


Wendy . K**** *****, Esq.

Consumer Response:

Complaint: ********

Nov 20th, 2014

Dear ******,

This letter serves as a response to the letter received from Toll Brothers dated Nov 11th 2014, also included in the Appendix. Toll Brothers and *** ***** *****’s recent letter confirms the fact they Toll is backing out of the current arbitration process initiated through BBB after initially engaging.

Through multiple letters sent to me directly and through BBB in the last three months, *** ***** has communicated far too many times that she is initiating the arbitration process through ** **** and Associates, Ltd but has failed do so. This clearly shows her and Toll’s lack of earnestness in resolving the problem.

Lastly, the poor drainage in the side yard problem was reported before closing the house and is not a warranty related problem. The inspector had clearly pointed it out as a construction defect which was not in line with the quality promised to us and thereby breach of contract and trust. Technically and legally, this must be dealt outside of the warranty process.

*** *****’s lack of action, failure to keep her commitment of a third party inspection, absolutely no justification for conducting a survey by a company that does not do grading and avoiding to answer a single question raised by me clearly shows how she continues her and Toll’s policy of ignore-delay-deny. Toll is not interested in resolving the customer problem as they know they are at fault.

Regards,

***** *******








11/14/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: I was told on several occasions that I was #1 on the list to purchase the model condo apt.(********* MODEL) if and when it became available only to find out upon my recent inquiry that the unit was sold by the site manager and was out of the sales managers control on the date sold.I was told by the sales manager that she spoke with the site manager and the president of Toll Brothers NE operations of how upset I was.From what was told to me they basically said that it shouldn't of happened.They are aware that I have both phoned and visited the sales office in Fishkill NY over the past 2 years checking on availability.They have a list that they do not adhere to to my dismay.

Desired Settlement: They should adhere to there list and not circumvent it.They left me with a negative opinion of Toll Brothers in general and I wouldn't think about doing business with them in the future.The consumer should beware of there tactics.Them destroyed my dream of purchasing a new condo.

Business Response:

November 7, 2014

Dear *** ******:
After having reviewed your matter with Toll's onsite Sales Manager, Kate Todaro, and Project Manager, Gene G******, it’s my understanding our lack of communication was an honest, albeit unfortunate, oversight. An oversight that we sincerely apologize for. Recognizing this does little to remedy your situation, I did want you to know the sales staff did not intentionally circumvent any interest list.

While Toll does not have the ability to sell you the exact model home you were interested in purchasing, we do have similar floor plans available within the community and would be happy to discuss their availability.

Please accept this letter as an apology, and feel free to contact me should you have any additional concerns.

Very truly yours,

TOLL BROS., INC.
James F

Division President

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because.It has disrupted my plans severely.The other models we're not to my liking that's why I requested the model unit regarding the floor level,view and the of it's availability.The other units that I liked weren't even in the process of being built.I wasted years waiting for the unit that best suited me only to be disappointed by Toll Brothers.Secondly if the list wasn't circumvented what would they call it? I was #1 on the list.

Regards,

******* ******








Business Response: While it is not what *** ****** is looking to hear, our response has not changed. The unit *** ****** is referring to has been sold and title transferred to another purchaser. There are similar models available to purchase and we'd be happy to discuss those with *** ******.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because:The point is I  wasn't interested in the other models Toll Brothers doesn't seem to get it plus I'm not interested in discussing other model availability with them.


Regards,

******* ******








10/20/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I am one of the homeowners in the **** at *********** subdivision, *******, NC. We bought our home from Toll Brothers in October 2007. Since we moved in the home, there were all kinds of problems of water accumulation and soil erosion in and around the drain in front of our home. After a number of tries, the construction manager at that time, found a solution. It involved a perforated pipe surrounded by stone chips and a filter fabric around it. The system worked perfectly fine since mid-2010. In early July, 2013, I was traveling to China and was waiting at an airport to take the connecting flight while I received a call from Mr. John P** of Toll Brothers. He explained that he needed to work on the drain in front of my lot the same day. The purpose was to comply with Wake county requirements. I was very hesitant to agree because the drain was working fine for some time after a lot of initial problems. Mr. P** promised to take care of the problem to my satisfaction once I return. While I was away, Toll Brothers removed the drainage system described earlier (perforated pipe surrounded by stone chips and a filter fabric around it) and regarded the area. Their “repair” work left a drain that is very deep and unusually steep. Every time it rains it collects water. As such it is nonfunctional and unpleasant. I have written to Toll Brothers repeatedly about the situation, requesting a remedy. The only explanation I received thus far is that the NC department of transportation (NCDOT) does not allow the kind of drain installed previously by the Toll Brothers. While, I am not sure what NCDOT's standard for drainage is, another lot in our subdivision (4000 Britabby Court) currently has a larger underground drainage (pipe) installed in front and it is working fine. As it stands today, the drain in front of my home is very deep, steep, impossible to mow safely, and maintain. After it rains, the water stands the bottom of the drain and nothing grows there.

Desired Settlement: I would like the Toll Brothers install a permanent drainage system that is functional, safe and compatible with the overall landscape of the neighborhood.

Business Response:

Thank you

We will be contacting ****** ***** to meet and review his drainage issue.

Thanks, Ryan S******

9/16/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Problem 1: Hidden nails can be found anywhere has carpet installed. Kids already got injured by the nails. Contacted construction manager, when they send the contractor to investigate the problem, this is what the contractor said from our recorded conversation: "This is the way we install the carpet, the nails are very common and could hurt people". I'm wondering why they leave the nails there even they know it could hurt us. The nails are not just a few, it's a lot. Later on I found more than ten nails within twos steps of the house backstairs. The house has carpet installed in five bedrooms and backstairs, we have to keep kids away from most of the carpet areas to avoid them get hurt again. Problem 2: Two vents in Master bedroom were installed right above the bed, whenever A/C starts, we can feel strong air and woke up everyday feel very dry. We can't sleep well. Problem 3: Light switch in one of the room installed behind the door and need to close the door first to turn it on after people enter the room. In the evening, it's very difficult to locate the switch after you enter the room and closes the door.

Desired Settlement: They need use contractors who know how to install carpet and won't have dangers exposed to re-do the carpet job. They need to move the location of the two vents in Masterbedroom and the switch in the other room.

Business Response:

We have reached out to ******* *** to schedule a time to inspect his concerns per his request. 

Thanks, Ryan S****** - Toll Brothers, Inc.

9/12/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We purchased a home from Toll Bros in ******, Colorado. Since the purchase of the house we have had numerous problems with the quality of work and personnel. Our most recent issue revolved around having our wood floors replaced. Several months ago we expressed concern about the wood floor that was installed. By a third party it was determined that the wood was a manufacturer defect. Going forward with the project we were told it would take about two and a half days to complete. Once the floor was ripped out we learned that the wood was glued to the sub floor which resulted in the sub floor being too damaged to proceed until it was also replaced. Carpenters were then called in. At the close of day two I walked into my home to find portions of the sub floor replaced and portions simply ripped out. This meant there was a large section of the kitchen that I could look down and see the concrete in my basement. My house had also been zoned off by plastic to help prevent dust getting everywhere. I was unable to access the study, living room, dining room, pantry, cabinets, all appliances, the kitchen sink and veggie sink and all food. At this point my husband called the Project Manager, Joel N*****, to express our concerns about safety and the extended inconvenience. Our home was now a construction site. We wondered why some kind of assistance or accommodations weren't offered. Joel's response to my husband stated "well we are GIVING you a new floor." Apparently Toll Bros has forgotten that we bought this house from them. And even upgraded and paid more for the wood that we have . They have also forgotten that we are not the ones who said the floor needed to be replaced. We only asked if the product we had in our house was correct. We did not want our home to be turned into a construction site. It wasn't until this time that Joel offered us some kind of help. On day five we finally had floors to walk on and the plastic torn down. At this time we also discovered that at some point during "construction" they had tripped a breaker which turned off the freezer in our garage. All the food has been thrown out. During this time my husband and I both had to take vacation days from work and shift our schedules around. Toll Bros did not care what we were having to do to accommodate them. They clearly were also not concerned with any type of hazard they were creating in our house. The project is still not complete. As of now we contractors scheduled to come to our house through next Thursday. That means a two and a half day project is turning into a 9 business day project. We feel like this is a case of us vs them. We have never felt any sense of any advocacy from Toll Brothers. The entire experience with this company has been horrible.

Desired Settlement: Toll Brothers needs to rectify all issues and provide us with the service we deserve. We invested a lot of money with this company and the entire experience has been an absolute nightmare. The local leadership (Joel N*****) in Denver is unsatisfactory, lacks timely responses and never follows up to ensure projects for our house are completed on time and to our standards. In addition, the regional leadership (Mark B*****) is not engaged, lacks timely follow up and seemingly is unconcerned with customer satisfaction and quality. There is a consistent sense of an unprofessional attitude portrayed when dealing with these two regarding matters of customer service and repairs. We have lost all confidence in this company and don't trust them to fulfill their business promises.

Business Response:

The failure of the wood floor and subsequently the sub floor is unfortunate.  We regret any imposition it has had on the ********.  While the failure of the floor was outside of our control, we have taken ownership and are taking the steps to address the issue, install a new floor and restore the home to its original condition. 

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because:

The original floor was determined to be a manufacture defect. However, by no means has Toll Brothers truly taken ownership. With the response you have provided you yet again show me that you do not take our concerns and your constant errors seriously. At the time of my original complaint the finishing touches had not been completed on the new floor install. The following week we noticed there was something off with the new floor. At one point in the house it was very obvious that the wood was installed incorrectly and slanted at such an angle it was off by over one inch. I brought this to their attention and instead of actually acknowledging an error had been made, Toll Brothers again tried to cover up their mistake by "jerry rigging" a solution. This is absolutely unacceptable that a "luxury builder" would attempt to pull the wool over our eyes like this. So it wasn't until we made it clear that we needed to fix the bottom line problem that Toll Brothers evaluated the newly installed wood floor and determined we yet again needed to get it replaced.  This error was absolutely in their control and they chose to handle it in an unethical manner.  In my complaint I expressed concern in the unsafe environment Toll Brothers had created for my husband and I to live in. Toll Bothers of course did not address this issue because they constantly try to blame others for their errors and refuse to take ownership for anything. My complaint also asked for an apology. Your response was a round about way of apologizing at best.  When the subfloor was torn out apparently there was damage to a supporting beam. This resulted in Toll Brothers bringing out their engineer to evaluate the issue. I do appreciate the thought of needing to bring out an engineer to look at my house. However, I don't appreciate being kept in the dark until after the engineer has left my house who determined we do need additional support on the broken beam. Where are we with this matter? I was told the beam needed support. Is there a location in my kitchen I should be tip toeing until this is done? At this point my husband and I have decided to hire our own inspector to evaluate our entire house. All trust in Toll Brothers has been lost and we intend to ensure that they are accountable to the expectations outlined by sales and warranty contract(s) and values outlined on the Toll Brothers company website. 

Regards,

****** ******








9/3/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: This issue with *********** Security - looks like owner or being operated by Toll Brothers. We signed up for ************ security as part of the closing documents from TollBrother house closing. without us knowing we signed for 3 years alarm monitoring agreement with **** ******* security. We honored contract and stayed with *********** security. After the expiry of contract they offer better rate and we continued with *********** till March 2014 - When alarm monitoring stopped working we called *********** security to fix the issues. Our alarm service stopped working for several months prior to March 2014. When we called *********** to fix the issues they couldn't able to send technician to fix the issue, and asked us to bear $400 cost to repair ourselves. We waited enough and we had to go ahead and switch to ***** ******* security. Sent a written notice for cancellation of service via fax couple of times and finally they sent a bill asking us to pay for liquidated damages for breaking contract . Amount of charges are $351.81, while they sent final bill and a letter they sent us someone else's contract, not signed by us. They put our family at risk by not covering service for few months, they couldn't to fix the service, now they want liquidated damages. They were trying to blame ****** with which service was working for 4 years earlier. This is ridiculous on behalf of *********** to claim liquidated damages.

Desired Settlement: 1. Stop collection notices and cancel the invoice $351.81 2. Refund service fee paid for 6 months at that time service is not working

Business Response:

August 20, 2014

BBB of Metro Washington DC & Eastern Pennsylvania

1880 John F. Kennedy Blvd., Suite 1330

Philadelphia, PA 19103

 

RE: *********** Security Complaint ID#******** 

To Whom It May Concern,

In response to the above referenced complaint, please see below for *********** Security’s position regarding this dispute:

We were first contacted by ****** ******* regarding his concerns that the security system was not working properly on November 11, 2013. At this time we explained to him the issue was not with the security system. The problems *** ******* was experiencing were due to his telephone provider not being compatible with security systems. ****** expressly states their service does not work with alarms. The larger cable companies make concessions for data and operate what's called a Managed Voice Facility Network that allows for adjustments in bandwidth for example, if high traffic volume occurs so that data signals are not distorted through transmission - Companies like ****** do not. They are purely a voice provider but there are too many variables when they do not make those types of concessions for data required from security systems. Signals may be received one day but not another for a variety of reasons so it creates a false sense of security.  When our only job is to respond to an alarm event that occurs, it's just too great a liability to know that most days we will not receive a signal from an alarm using ****** as a phone provider.

 The monitoring agreement that the customer signed has a specific notation discussing ****** as an unsupported service. I have highlighted the portion of the contract below that specifically explains the risks of using a VOIP phone line. The contract the customer signed is also attached in its entirety.

4. Services e. “Subscriber understands that a digital communicator, using standard telephone lines for sending signals eliminates the need for a dedicated telephone lines and the costs associated with such dedicated lines. Subscriber understands that alarm systems require a traditional POTS telephone line for monitoring services to be CONSISTENT AND RELIABLE. SUBSCRIBER UNDERSTANDS THAT THE COMPANY MAY NOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE LINE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT, INTERFERED WITH OR IS OTHERWIDE DAMANAGED OR WHEN ANY NON-STANDARD TELEPHONE LINE OR SERVICE(INCLUDING BUT NOT LIMITED TO DSL, ADSL, VOIP, ECT) IS BEING USED. Subscriber understands that if alarm system is connected to the Company’s central monitoring station by radio frequency or internet connection method such as Voice Over IP, there may be times when the system is unable to acquire, transmit or maintain an alarm signal. Such radio frequency and internet methods include cellular or private radio or through an internet communication facility or internet servicprovider(s). If a radio frequency or internet connection such as Voice Over IP is utilized, we recommend Subscriber also uses an additional method of communication to the Company’s central monitoring services”

Our records indicate there was not an issue with the alarm system itself, but rather with the phone provider. If the servicing company had come out, they would not have been able to achieve any results with an incompatible phone line. Please refer to the ****** website, under their FAQ. There is a reference to whether ****** works with home alarm systems. The answer that is provided directly from their website states “At this time, ****** DOES NOT work with home alarm systems”.  Therefore, it is not specifically our system but all systems and monitoring companies. There are some monitoring companies that allow the services with a signed waiver showing that they are not responsible for not responding to the alarm. This is not something that our company offers because we pride ourselves on the security and safety of all of our subscribers. We want to make sure that we are responding to any and all alarms that are received by our central monitoring station. *********** Security never put the Manduva family at risk. Our security system was functioning properly but unfortunately the telephone provider *** ******* changed to is not compatible with home security systems.

 The security system installed in *** *******’s home came with a one (1) year warranty. When *** ******* contacted our office regarding the issues he was experiencing, the equipment was no longer covered under the home warranty as the one (1) year warranty period had expired. We offered to send a technician out to the home to service the security system however *** ******* declined as he did not want to pay for the service call. *********** Security never declined to assist *** ******* at any time during any conversations.

 We hope this information has provided enough to properly respond to *** *******’s complaint. *********** Security has made every attempt to assist *** ******* when he has contacted our office. Additionally, we do not feel as though there has been a lack of performance on *********** Security’s part or that our position in enforcing the terms which *** ******* agreed to has been unfair. The amount due on this account remains at $351.81.

 Should you have any questions or require any additional information regarding this account, please do not hesitate to contact me.

 

Best Regards,

Laurie H****

Operations Manager

Toll Brothers, Inc.

Phone – ###-###-####

Fax – ###-###-####

CC: Account File #*********, ****** *******, Toll Brothers, Inc

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because:

When i took the service back in Dec 2009 i mentioned we have ****** service.   Service guy said as long as we have dial tone their service works - believing that we took service, it actually worked and continued their service for 4 years.   You can see from attached bills and service dates, *********** security service was working with ****** for so long and stopped working in 2013.  When we complained of service disruption, *********** asked us to pay for the service call as high as $400 which we can't pay for their failure of service.  

We have been with *********** for 4 years and why do we have to discontinue service if its working.  Now they are ridiculously demanding us to fulfill contract which doesn't make sense.   
So we need damages to be paid for for the period of service we paid and stop notices to us.
Regards,

****** *******








9/2/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We purchased our new construction home from Toll Brothers in 2005. We experienced issues prior to settlement where the Certificate of Occupancy was not issued as the house had failed inspection. Toll Brothers made multiple attempts to convince us that they were a reputable builder and we should do a "dry settlement" as it would save us money in interest. We would own the home but would not be able to move in until the CO was issued. We refused each attempt to comply with this agreement. On the day of settlement, we had completed our walkthrough of the home where a number of issues were identified. We were advised by the Construction Superintendent that these issues would be addressed while we were at the settlement table as to not inconvenience us by scheduling time to work in the house after we have moved in. We returned to find that nothing was done. This was just the beginning of our road with Toll Brothers. We were advised to send an email to John L***, Construction Superintendent with our list of items to address. We were not made aware of any other process to report warranty issues. After several attempts to address the issues, we realized that if we wanted them fixed, then we would have to have it done ourselves. This includes but is not limited to; water leaks, electrical problems and phone/cable issues. I also had mentioned to Toll Brothers that there appeared to be a problem with our Master Shower within our first year residing in the home. Outside of the shower, rust was appearing through the drywall. John from Toll Brothers advised that this is normal and nothing to worry about. I spoke to his manager at that time who stated he spoke with John and it doesn't sound like an issue and not to worry. I was told that the work was good for what we paid. This was the experience we had whenever we attempted to raise an issue. After years of this, they had worn us down. A couple of years ago we noticed the shower was in fact leaking so we immediately stopped using it. However, the next symptom was an infestation of ants. There were multiple colonies. We hired Terminex to address the issue with the ants and after the initial inspection, they advised that this was the worst they had ever seen. After several months of treatment, the ant infestation issue was resolved. As spring had come around this year and we saw no further evidence of ants, we notified Toll Brothers of the problem. They sent a couple of men to the home to investigate. The initial response was that there was a problem as the damage seen should not have happened if installed properly. However, they were advised by Mike B**** to complete a ball test to rule out a leak in the pipes. Once that was ruled out, they were then told to come back out and caulk (as the caulk was "lacking") and clear the calcium from the drain as there was a good build up that we could not remove with drano or a screwdriver. I had advised that even if the drain was 100% clogged and there was absolutely no caulk, the water should not leak under the shower pan. The two men agreed, however Mike B**** insisted that the issue was due to our lack of maintenance (caulk/drain). After multiple conversations around how a tile shower is installed, he stated that they would not be able to help us and to let him know if we would like to proceed with arbitration. Multiple experts have been brought into the house to inspect the damage and the response was consistent with my statement. This is not normal and is in fact an installation issue. We even had an electrician in the house who noticed yet another installation issue. The central vacuum does not properly vent out of the house. He stated that he also installs the same brand of vacuum and currently, this vacuum is not vented outside the house at all causing any dust to blow back into the house.

Desired Settlement: The desired outcome would be for Toll Brothers to replace the shower and the broken tile surrounding the shower as it was broken due to the water leak. If any structural work under the shower needs attention, then it should be addressed. Also, to address the venting of the central vacuum.

Business Response:

Upon investigation of the warranty request filed by this homeowner in the Spring of 2014, Toll Brothers determined that the caulking in the shower had not been maintained and the shower drain was nearly completely clogged from calcium build up and lack of maintenance.  The homeowner admitted that the shower base typically filled with water during a shower due to the restriction of the drain.  Although leaks are only covered by the warranty for a period of two years after closing, Toll returned to investigate this potential leak on this home that is nearly ten years old.  I am unable to comment on what may have occurred in the first year after closing on this home as no one from our current team was involved in this community in 2005 when this home was originally constructed.  We have checked the warranty file and have not been able to locate any formal warranty submission by this owner regarding the shower prior to the one received in 2014.  I have personally been to this home several times since I became responsible for this community in 2008 and this is also the first time that any shower defect was brought to my attention.  As I explained to the homeowner, my intention was to help determine the cause of the leak and if I could show that there was a construction defect related to the original install of the shower, Toll would remove the shower tile to further investigate and repair the shower.  After completing the maintenance of the shower drain and caulking, we performed another leak test and were uable to get the shower to leak again.  In my opinion, we returned the shower to its original condition at the time of closing and the leak appeared to stop.  Therefore it is my belief that had the shower been properly maintained over the last nine years, the leak would not have occurred.  Below is a copy of the letter that was sent to this owner after the maintenance and testing had been completed by Toll:

 

June 3, 2014

 

Dear ***. ________,

 

Last week we visited your home to investigate a possible leak at your master bathroom shower.  Upon inspection of the shower we observed large cracks in the silicone caulk in all corners of the tile shower.  We also noticed that the shower was not draining as a result of what appeared to be calcium build up in the drain and trap.  We then performed a water test of the shower floor by plugging the drain and filling the shower with water.  After approximately one hour, we observed a water mark in the garage ceiling below the shower.  We then returned several days later and cleaned the shower drain to allow the shower to properly drain.  We also re-caulked the shower tile as had been done prior to closing.  The following day we performed the same water test again and were unable to get the shower to leak.  It appears that the leak in the shower pan resulted from either lack of caulk maintenance or a clogged drain or a combination of the two.  I understand that you do not believe that the leak is gone, but I have seen no evidence to support this.  As a result I will not be able to take any further action with regard to the shower.  Please feel free to contact me with any questions.

 

Sincerely,

 

 

 

Toll Brothers

Project Manager

 

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because:

As stated to Toll, there would not be any warranty claims as we were advised to send an email to the construction supervisor.  We were not informed of the proper process.  In addition, the builder claims that caulk is a waterproofing system.  This is not the case as I have confirmed with multiple experts that this should not have happened.  This was also stated by Toll employees as well. Accepting the response that caulk would keep the shower from leaking would be foolish. As previously stated, I raised this issue in the 1st year and was informed that it was fine by two different levels of toll employees.  This has become apparent that it was not fine. This response is typical of what we have experienced from the beginning. I have purchased new construction homes from **** Homes and *****. I had a positive experience with both builders.  Warranty issues were promptly addressed. I expected at least the same level of quality with this home.  This will not be my last home, however it will be my last Toll Brothers home after this experience.  

Regards,

******** *****








Business Response:

August 20, 2014

To Whom it May Concern:
This letter will serve as Toll Brothers response to the rejection submitted by *** ***** on August 14, 2014. Toll Brothers disagrees with *** *****,
At closing on March 4, 2005, *** ***** was provided information and documentation relating to the Toll Brothers warranty process and the warranty coverage for the property, which is extended in the *** Home Builder's Limited Warranty ("Warranty"). The Warranty, along with Standards of Performance and a Home Care Guide are provided to all Toll Brothers homeowners at the time of closing to assist homeowners with the care of their home.
As stated in my letter of June 3, 2014, Toll Brothers performed maintenance on the shower and determined such maintenance resolved *** *****'s concerns.
Our position remains the same as outlined in my letter dated June 3, 2014.
Sincerely,
Michael B

Project Manager

8/30/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: I have signed a contract for a single family home with Toll Brothers construction at *** ******** at ****** ***** in ******, CA. They advertised the lot size is 4472 square foot. At the time of the contract there is no Model Home constructed yet to look at the actual home and the size of the lot. They have made the contract signed with no contingency and a 5% down payment. Later found that the lot size also include the common court between the homes. This came as a surprise for many buyers at this property. This made me realize that the house is priced very high (I included the new home premium to compare with the existing homes) compared to the near by homes as my prior comparison was with homes that have similar lot size. This was a first disappointment but was already in contract. There is a 3 to 4ft slope between my lot and the lot next to me. This slope near the model homes was constructed with a retaining wall. I have asked the Sales Office about how this is going to look like at my lot and the answer was that it will be a similar retaining wall. Later learnt from Sales that the lot will not have a retaining wall. The slope is approximately 5ft to 6ft. Although this is part of my lot size I couldn't use it as it requires a retaining wall. This further shrinks the lot size by another 400 square foot, At this stage I clearly can not justify the price I am paying for the house with the lost size. I have asked the Project Manager about this as I was told that I will have a retaining wall between the lots. The answer was "Did we write it in the contract you signed?" Since the project is in a very early stage with nothing really available to look at I have relied mostly on the verbal clarification on the questions I had. Of course I need to get answer from the company that "Do you have this retaining wall information added to contract for many other lots where there is a retaining wall constructed?". If not then how can I be questioned about whether this is in contract? Even if this is part of contract I was still told by Sales that there will be retaining wall. After further discussing with the Project Manager I have received a default notice from the office by which I already have paid $45K. After further discussing I have been offered some credit toward the options in order for me to move forwarded with selecting my upgrades. When we ready for the option selection I have realized that the quality of the default options (especially carpet) was the cheapest that you could get in the market. Assuming Toll Brothers is a premium builder we did not expect this low quality for a home with approximately $900K. I have interacted with many other fellow buyers and every one has same opinion about the lot size and the quality of default options they offer. In order to justify the my lot size I have requested to have my retaining wall constructed which will give me extra back yard space. I have not gotten any positive response as well did not even gave me option to reach out to the management to discuss further on this issue. Hence I am writing this complaint. I clearly stated to the Project Manager that I need to get the retaining wall that I am entitled to which has been told by the Sales office. The only answer I always get is that I will end up in default if I don't move forward with selecting my options for the home. This to me is a blackmail rather than trying to resolve the issue. Thanks *******

Desired Settlement: Construct the retaining wall I have been promised to.

Business Response:

August 18, 2014

Dear *** ******:
I serve as a Project Manager for Toll Brothers, Inc., and its affiliates (collectively “Toll”). I write in response to the complaint submitted by *** *********.
Earlier this year, *** ********* presented Toll with his desire for, and his belief that he is entitled to, a retaining wall on the property. At that time, I discussed the matter with our sales staff and confirmed that no such representations were made. I also reviewed the sales documents in connection with *** *********’s purchase and confirmed that no retaining wall was ever promised or provided for. Attached is a sales map and plot plan for lot 16, which *** ********* signed clearly showing that no retaining wall was provided for on lot 16, and that the property lines go to the middle of the driveway (attached hereto as Exhibits “A” and “B”). Accordingly, we disputed *** *********’s allegation in this regard, and advised him of our position several times.

In my subsequent conversations with him, *** ********* offered to drop his demand for a retaining wall if Toll would provide him with a credit toward options. As an offer of good will, Toll agreed to *** *********’s offer and provided him with a $5,200 options credit in exchange for a release of his claims concerning the retaining wall. A written agreement confirming our deal was prepared and provided to *** *********. He signed this agreement on July 13, 2014 (attached hereto as Exhibit “C”). Several weeks later he filed a complaint with your office claiming that he is again entitled to a retaining wall.

Regarding *** *********’s general claims concerning the size of his lot, as noted above he was provided with a sales diagram and plot plan that depicts his lot (#16) and those of his neighbors. This diagram clearly provided that the square footage listed was for the entirety of his lot, including shared areas. *** ********* acknowledged this document with his initials.
- As it pertains to the quality of standard features, much like the lot size, he was provided with a detailed list of standard features in advance and specifically signed off on them (attached hereto as Exhibit “D”).

I hope this letter adequately addresses the issues identified by *** *********. Please let me know if there is any additional information that you require.
Sincerely,
Benjamin H***** Project Manager

8/18/2014 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: Our home was built by Toll Brothers in 2007 and we feel the builder is responsible for needed repairs to our home caused by original poor designs and undersized beam/lentil spanning our double garage door. Approximately 3 + years ago we received a letter from the HOA that our irragation system installed by Toll Brothers was causing accumulation of water on the golf path. We called the City of ******* water inspector and a private engineer at our expense and turned over the reports that our system was not the cause of the water accumulation. We started to over a year ago notice cracks in the bricks on the wall opposite the garadge which we seldom would look at. All house plans and construction of our home including slope and grading design along with the installations of soil base materials, landscaping, irragation system, downspouts and location of HVAC system were performed by Toll Brothers. These designs and installations have caused a great amount of damahe to our home. We hired a structural engineer and he reported the enormous amout of cracks and broken bricks in the brick veneer of the home have cracks on the interior walls by windows. Drainage: The local Toll Brothers representative and their engineer agreed the veneer was cracking and breaking yet dismissed this to "normal Setting" OUR Structural engineer stated ' Lot slope, downsput locations, irragation system amd location and paatern of veneer cracks indicate that drainage around the perimeter of the house is insufficient to discharge water away from the home's foundations causing structural damages to rigid masonry veneer Many areas are cracked around the windows and foundation vents. Our engineer recommends changes to a landscaping and irragation sysen, downspout locations and location of HVAC draining system and the brick veneer repaired. The Toll Brother's engineer note "The garage deflection has also been observed and is within tolerable limits provided that the header is framed with the plan specified 5 1/4" x 14 PSL" Note: the double garage span is 16 feet not 14 feet as noted in the Toll Brothers engineering report. Anth was determined without exposing the beam for code numbers or any defection measuements. Statement from our Structural Engineer. Garage header appears to be insufficiently sized to support design loads required by code. This would account for evidence of previous patch wor done to brick over the garage doorway as veneer likely first cracked soon after sonstruction. The span is 16 ' wide opening with actual observed deflection of 0.365"

Desired Settlement: Have the house we thought we repaired to what it should have been. Our next door neighbor has written you in the past. They have problems with Toll also. They did some repairs for them and currently have a measuring attchment on their home. The original problem was brought to our attention by the HOA which is controled at that time by Toll Brothers. The golf club, which is still another org. at ***** ***** CC, a Toll Brothers project, still believe the water accumulation is our fault. WE PROVED IT WAS NOT OUR FAULT BEFORE THE RESULTING PROBLEMS TOOK PLACE. IT IS NOT JUST OUR HOUSE BUT ALSO THE HOUSE NEXT TO US THAT WAS BUILT AT THE SAME TIME HAVING PROBLEMS. TOLL BROTHERS NEEDS TO DO THE RIGHT THING.

Business Response:

Below is the text from our response to ID ********. This letter will be mailed out to our buyer on July 25, 2014. Thank you.

Kindly allow this letter to follow up on your letter dated July 7, 2014 regarding your request for warranty work to be performed related to brick masonry, yard drainage and garage framing deflection.

 

As indicated in your letter, Toll Brothers consulted with a structural engineer and performed an inspection of your home on November 11, 2013. During this inspection the brick veneer, the yard drainage and the garage door beam were inspected.

 

The brick veneer was observed to have some shrinkage cracks and/or mortar separations. It was noted in the report and confirmed by Toll Brothers that these separations were not structural in nature. According to the Standards of Performance the warranty coverage for masonry veneer walls is for a period of 1 year after settlement. Therefore, the brick veneer cracks and/or mortar separations are not covered under warranty.

 

The perimeter drainage of your home was observed and was not believed to be contributing to the brick settlement cracks. A recommendation was made to make adjustments to the downspout drainage extensions and to the grade along the home to provide additional drainage. The Standards of Performance state that the warrantable period for grading and drainage is for 1 year after settlement. Therefore, the drainage on your home is not covered under warranty.

 

As identified at the inspection on November 11, 2013, the garage header over the 16ft garage door is the plan specified 5-1/4”x14” PSL header. The Standards of Performance cover deflection in structural wood beams greater than 1 inch in 10ft. Therefore, since the beam is installed per plan and does not exceed this tolerance, there is no warrantable action.

 

If you have any questions regarding the issues described above please call me at ###-###-####.

 

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: ********

I am rejecting this response because: Toll Brothers ignored the actual facts our engineer presented to them . The problem was noticed by the Golf Club before be noticed it. We will just have to take legal action


Regards,

****** ******








Business Response:

Hello,

 

Thank you for reaching out to us to review your warranty concerns. A warranty representative and senior manager in the ******* area will be reaching out to you shortly to set up a time to review the items that you have identified.

 

Thank you.

7/27/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We took over our friend's sales contract in May 2013 (which was fist signed in Sep. 2012). We were informed that the house should be closed in several months at that time by the builder. Shortly after we signed the contract, the closing date was extended and till Dec. 2013. This is the first time they delayed the closing date and we expected that they would keep their words. However, the house was not closed on time and the reason they offered at that time was because of the ***** ***** Energy had not approved their permanent gas and electricity application. Until June 2014, there was barely little progress on the construction. We kept asking why there was no construction going on and the reason they gave us was that the application of gas and elec. had not been approved yet. The builder never give us the written closing date, always oral notice through the listing agent, every time, we were informed that the house would be closing soon. So, we decided to contact *** ourselves and found out it was completely not the situation that tollbrothers had been talking about. *** had processed their application in April 2013. The forms were sent back to Tollbrothers and their signature was request. Once they sign and return the form *** sent them in April 2013, the application would have been completed. However, *** had not received any feedback from tollbrothers ever since, for more than 14 months. The reason for the delay of the closing date they gave us was complete nonsense and dishonest. We were planning to celebrate our first baby’s first birthday in the new house. If we were informed the truth, we would have planned everything differently and avoid the high cost caused by this delay. Companies with good reputation should behave like this?

Desired Settlement: we requires the compensations for the cost (apartment and furnishing rents) casued by their fault.

Business Response:

Toll Brothers has been in contact with this homebuyer and we are working to complete their house in a timely manner consistent with the purchase and sale agreement.  We will continue to progress toward the completion of the house eliminating any constraints as we encounter them.

6/10/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: My complaint is with *********** ******** (a toll brothers’ security company). I purchased a toll brothers model home (an uncommon situation) that closed in July 2013. The home was 7 yrs old and had been used as the show home and office for toll brothers, as such; it was pre-wired and was using the *********** ******** service. At the time of purchase (around May 2013) when the home was still the toll brothers office, I was offered a contract to continue using *********** ******** for the home, I selected the most basic option, monthly monitoring via the pre-installed MOBILE connection (i.e. no phone line required). Upon taking possession of the home in July 2013 the security system was still active with Toll Brothers security code. Toll Brothers was unable to get the security system reset to a new code. The third party (IWIRE), that toll brothers contracted to do the change was unable to do so and did not have a solution. I contacted *********** after 30days of no contact / no solution from IWIRE and following 2 false alarms sent to the Aurora police. I gave *********** 30 days to resolve the issue or cancel my contract so I can get a new security company to protect my home. After 60 days there was still no resolution ... I called back and was then informed by *********** that not only have they not solved this issue, but the calls made to the Aurora police were over the Toll Brother phone line (discontinued after they discovered it was still active following my first call), not the mobile device. They then told me the homes pre-installed mobile option was obsolete and would need to be replaced at a cost of ~$400. I told them this was not the situation I signed up for, that they have had no way to monitor the home since the Toll Brothers Phone line was deactivated (we don’t use a land line) and they are way past my 30 day deadline. To date they have continued to bill me for monitoring (that is not happing - no phone or Mobil connection). I have had my own wiring company (***) change the home code, and at that time (MAR 2014) they also discovered that during the office remodel the garage sensors were never installed. I have been continually billed sense July of 2013 and have received no service - I have made at least 4 attempts to resolve this with *********** and have been denied the opportunity to talk with any management.

Desired Settlement: I want my contract terminated with ***********, they haven’t provided any service and the pre-installed equipment is defective. Zero my account and delete it. I will have a competent security company rewire and monitor my home but I cannot do that until *********** terminates my contract.

Business Response:

May 29, 2014

To Whom It May Concern,
in response to the above referenced complaint, please see below for *********** ********s position regarding this dispute.
*** ******* did purchase a quick delivery home from Toll Brothers on April 26, 2013, Since this was a model home, *** ******* signed a Sample Home Exhibit A at the same time he signed the Agreement of Sale with Toll Brothers on April 26, 2013. The Sample Home Exhibit A states the buyer has inspected the home and understands the premises were used as a sample house and the buyer understands they are purchasing the home as is." A copy of the Sample Home Exhibit A *** ******* signed is enclosed.
*** ******* stated in his complaint he selected the most basic home security option via a preinstalled mobile connection. *** ******* is correct and did select our most basic security service at 25.00 per month. This service does however require a phone line. There is an option underneath of our basic service that states there is no phone line required however this is not the level of service *** ******* selected at the time he signed the *********** ******** Monitoring Agreement. There is no mobile device in *** *******s home.
In regards to billing, *** ******* acknowledged on page 2 section 10f the Monitoring Agreement that billing would begin on the date of settlement which is why he has received invoices from us. I have enclosed a copy of this Agreement for you to review.
We have been communicating over the telephone frequently with *** ******* in an effort to resolve this matter. Below are the dates we have spoken to *** *******:
• 5/12014 — *** ******* contacted our office and spoke with our Customer Service Manager expressing his concerns. He was not denied the opportunity to speak with management. *** ******* informed the manager he had warranty paperwork (even though this home did not come with any warranty; it was sold as is) and would send it to her. To date we have not received anything from *** ******* regarding the above referenced warranty paperwork he claims he has.
• /9/2014 — After contacting the appropriate parties at Toll Brothers and the local servicing company, we called *** ******* leaving a message to follow up.

• 5/19/2014We contacted *** ******* to let him know *********** ******** would be willing to cover the cost to send a technician to the home, make sure the alarm system was fully functional and replace the wireless contacts in the garage which are missing.
*** ******* was happy with the above remedy but requested *********** pay for the wireless communicator as well.
• Neither Toll Brothers nor *********** ******** is able to offer any additional concessions to *** *******. If he does not want to pay for the wireless communicator, he will need to have a working telephone line in the home for the security system to communicate with the central monitoring station.
We hope this information has provided enough to properly respond to *** *******s complaint, *********** ******** has made every attempt to assist *** ******* when he has contacted our office. Additionally, we do not feel as though there has been a lack of performance on
*********** Securitys part or that our position in enforcing the terms which *** ******* agreed to has been unfair.
Should you have any questions or require any additional information regarding this account, please do not hesitate to contact me,

5/22/2014 Problems with Product/Service | Complaint Details Unavailable
5/6/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Toll Brother's installed the wrong outside cooling unit at my home. I purchased a home from Toll Brothers and a 3-ton outside cooling unit for the upstairs and a 5-ton outside cooling unit for the downstairs was specified in the contract. Instead, Toll Brother's installed two 3-ton units. All other homes like mine (same model and size by square feet, some built in the community before my home and others build after my home, all had 5-ton outside units installed for the downstairs. Either Toll Brother's or it's hired sub-contract stole my 5-ton unit and replaced it with a 3-ton unit ... either theft or fraud was committed by Toll Brother's. I have photos and an invoice to prove this complaint. Toll Brother's thru it's hired sub-contractor installed defective and improperly designed ductwork in my attic and accordingly there is no airflow (heating or colling) provided in the upstairs. I had to hire my own contractor to correct the problem at a cost of $2,950 for properly designed and installed ductwork. I have photos and cfm numbers to prove this compaint. Toll Brother's pr it's hired sub-contractor did not tighten down any of the bolts from the concrete slab through the base plate of the home .... I have photos to prove this complaint.

Desired Settlement: I want Toll Brother's to install the 5-ton outside colling unit for downstairs that was supposed to be installed and remove the incorrect 3-ton unit. I want to be repaid by Toll Brother's for the amou nt I paid to another contractor to correct my upstains heating/cooling/ductwork issue. I want the BBB and all other ratings agencies to note that Toll Brother's homes are not even bolted down to the slab/baseplate as per building inspection codes.

Business Response:

April 17, 2014

To Whom It May Concern:
This will serve as Toll Brothers' response to the above complaint to the Better Business Bureau. Toll Brothers strongly disputes **. ******** allegations of theft andor fraud on the part of Toll Brothers andor its subcontractors as alleged in **. ******** complaint. Toll Brothers has investigated this matter internally and has concluded that no Toll employee or subcontractor stole the 5 ton air conditioning unit or replaced the 5 ton air conditioning unit with a 3 ton air conditioning unit as claimed by **. *******. The allegations are outrageous and go against the fundamental principles to which Toll Brothers has adhered for more than 45 years in the business of selling homes.
Additionally, the alleged undersized 3 ton air conditioning unit installed in **. ******** home has now been replaced with the requested 5 ton air conditioning unit **. ******* references in his complaint. Toll Brothers now deems this particular issue to be resolved.
Finally, Toll Brothers is working with **. ******* to resolve his claims regarding the installed ductwork. He will be treated fairly in this process.
Thank you for your attention to this matter. If you require any additional information, please let me know.
Division Vice President Toll Brothers

Consumer Response: [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me. 

Regards,

******** *******

4/27/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I bought a home from Toll Brothers in November 2012. The Sump Pump in my home runs all the time, at the rate of twice or three times a minutes; water is rushing into my sump pit at an unbelievable rate (today, march 14, the pump kicks into action every 20 seconds non-stop, 24/7, as it has ben doing for the last week or so). This goes on with or without rain, with or without snow melt, in summer and in winter; it slows down sometimes to a rate of once every few minutes, then resumes again at the rate of two to three every minute. This creates a huge mess in my backyard as well as in my neighbor's backyard, makes my basement totally unusable (because of the constant hum of the pump), and puts a strain on my power bill; MOST OF ALL, this creates a huge risk of flood in my basement. Indeed, as soon as power goes out for a few hours, or my pump breaks, I am at risk of having my basement flooded, my belongings damaged, and mold spread throughout my home. This for a brand new home from a builder of luxury homes! I have notified Toll Brothers of this situation repeatedly, they have attempted to fix it by extending the pipe that drains water away from my home (which made absolutely no difference). I have brought this matter to the attention of the Consumer Protection Division (CPD) of the Attorney General of Pennsylvania. The CPD wrote to Toll Brothers asking for a response; first they did not respond; then when the CPD wrote them again and gave them a deadline, they said that the sump pump works well, which is not what I am objecting to.

Desired Settlement: I want Toll Brother to accept responsibility for selling me a defective home, to accept responsibility for failing to disclose the defect to me prior to the sale, and to make the necessary repairs that are needed to protect my home from the constant danger of flooding. I am not sure what causes this situation: is it the location of the home? the level (height) of the home? the way water is diverted around the home? the way water is collected and channeled into my sump pit? whatever it is, I argue that this is a major defect, and that it is the responsibility of the home builder to fix it. I bought a home in good faith from a reputable home builder, I had to borrow a lot of money to buy this home, and I believe the seller has a responsibility to deliver a home in good condition or to make the necessary repairs to bring it up to good condition. Failing all this, I request that Toll Brothers take their home back and give me a refund.

Business Response:

Dear **. *****:

We are in receipt of your letter dated January 31, 2014 and the Complaint enclosed therewith which was filed with your office by **. *. ****. We note that you directed your letter to Toll Brothers, Inc. We are responding on behalf of Toll PA VIII, L.P., the entity that sold **. **** his home.

Upon learning of **. ****’s concerns relating to the sump pump, Toll Brothers arranged for the pump to be inspected by both the Toll Brothers construction manager for the community, as well as by a professional plumbing company. The pump was determined to be functioning properly. The results of the inspection were communicated to **. **** via letter sent June 18, 2013, a copy of which is attached for your reference.

As mentioned in the June 18 letter, despite the facts that (1) the sump pump was operating effectively and as intended, and (2) the function***ty of the sump pump is an item that is not covered by the Home Builder’s Limited Warranty provided to homeowners, in an effort to ease **. ****’s mind and as a courtesy, we extended the sump pump line further away from **. ****’s home.

Toll Brothers deems this matter concluded, as the home was delivered to **. ****, as represented, with a working sump pump (which in fact continues to operate properly).

Please feel free to call me should you have any questions.

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: *******

I am rejecting this response because:

April 1st, 2014

Dear ** *********

I hereby acknowledge receipt of your letter of April 1st, in which you convey to me Toll Brothers’ reply to my grievance, via their attorney. I thank Toll Brothers for taking the time to reply, and I thank you very much for giving me the opportunity to rebut their reply.

As ** ***** ***** points out, I did submit a complaint with the Office of the Attorney General’ Bureau of Consumer Protection (BCP). The reason I am resubmitting this matter to your consideration is that Toll Brothers failed to answer my grievance in the BCP complaint. If I complained that my window is broken and Toll Brothers answered that my door works fine, you wouldn’t consider that to be a v***d response. Likewise, if I am complaining that water is rushing to my basement at an alarming rate all year around, under rain or shine, summer and winter, day and night, telling me that my pump works fine does not address my grievance. A sump pump is designed to pump rain water that may occasionally find its way into the perimeter of my home whenever it rains or snow melts; what my sump pump is de***ng with is a constant flow of water from an unknown source (water table? Spring? Underground drainage?).

This issue poses several problems, including such minor issues as the cost of running the pump and the inconvenience of the pump running constantly in the basement, making it unusable; most of all, this situation puts our home in a constant danger of being flooded. To give you an idea: Today, April 1st, 48 hours after the last drop of rain has fallen on our home, our sump pump kicks on every 15 seconds (not minutes, seconds). In January and February, at the height of the polar vortex, when the temperatures were stuck in the teens for days on end and the snow was frozen solid, our pump was running every 25 to 30 seconds; it was not draining any rainwater nor any snow melt, but was draining water from deep underground, that stayed warm. The flow of water into my sump pump is so big that we are at the mercy of a pump breakup, or a power outage; we have installed a backup pump, which is battery operated, but it is incapable of keeping up with the flow of water (battery operated backup pumps have limited capacity, by design). If we get a power outage of an hour or so, my basement will get flooded. Whenever I hear of a storm to the area, I go out and rent a gas-powered pump, to use in case our power goes out or the pump breaks.

Toll Brothers did dispatch the construction manager and the plumber last June to inspect the situation. They were smiling broadly through the whole tour and raving about how nice the pump was, oblivious to my repeated reminders that I am not questioning the qu***ty of their pump but the qu***ty of water drainage around my home. They claimed at the time that the reason for the rush of water into my basement was that water was drained near the home and was cycling back; consequently, they offered to extend the drainage pipe to prevent water from cycling. Their explanation does not hold, and I told them so: my backyard and my neighbor’s backyard were completed swamped with water coming out of my sump pit; half of my neighbor’s (very large) backyard was a muddy mess that is totally unusable; clearly, water is not cycling, but staying outside. Nevertheless, Toll Brothers went ahead and extended my drainage pipe towards the easement at the back of my home. As I was expecting, this made absolutely no difference; water is still rushing into my sump pit at the same rate as before. But it was a clever move, since it resolved the grievance of my neighbor, who was complaining that his backyard was swamped with water from my sump pump.

What I respectfully request:

•    That Toll Brothers stop playing games and address the real issue that I am complaining about, namely the drainage of water around my home (and not the qu***ty of their sump pump).

•    That Toll Brothers acknowledge that this situation does constitute a defect in the home, and that because they sold me the land and the home, they bear responsibility in this defect.

•    That Toll Brothers work with me, in good faith, to find a solution to this defect. The one-year warranty of Toll Brothers means nothing to us if it does not mean that we are covered for such serious defects, which have serious implications for the usability of our home.

I am not sure what is the nature of the problem, nor how to solve it. As far as I am concerned, it could be that Toll Brothers built my home on a spring, or that they built it in the middle of a water table, or that water from the neighborhood is being drained near my home, etc. The only people who know the nature of the problem and its solution, because they excavated the land and they built the home, are the construction crew of Toll Brothers. I kindly request that they give this matter their attention, and address it in good faith.
Thank you very much again for giving me the opportunity to make my case, and best wishes,,, Sincerely,

Regards,

*** ****

ps  I am also attaching email correspondence with Toll Brothers in which I was doing my best to find a resolution with them.  their reaction:  they did not bother to reply, despite their promise.

-------------------------------------------------------------email sent january 6 to **** Walter, Toll Brothers------------------------------------------------------------------------------------
Jan 6
Thanks, ****.  for your information:  the pump has been kicking on every 35 second to 1 minute up to the recent snowstorm; last night, it slowed down to once every four minute; this morning it is back up to once every 35-40 seconds.  my fear:  with the upcoming freeze predicted for tonight and tomorrow, the drainage pipe will clog with ice and I will get flooded.  also, with the frequency it is going, a power outage of 20-30 minutes is enough to cause a flood; even the backup battery-powered pump will do no good, given the rate at which the pit fills with water.

thanks for your consideration, and best wishes for the new year,,


*** ****
--------------------------------------------------------email sent january 7-------------------------------------
****

I called you twice today, but there was no answer.  pls let me know whether toll brothers intends to address this matter or not.  my pump has been running on a 35 second schedule for the last several days; it is nerve racking.

thanks,,,

-----------------------------------------------------------------------------email reply from **** ******, january 8----------------------------------------------------

***,

 

I will speak to *** first thing this morning.  He does have your email but may have had to discuss with his management as well but either he or I will contact you. 


Thank you for your patience,

 --------------------------------------they never called, showing utter contempt---------------------



Business Response:

April 11, 2014

Dear *** *********:

We are in receipt of **. ****’s most recent communication dated April 1, 2014. This correspondence raises new issues of which we were not previously aware, namely the grading and water drainage on his property. The Agreement of Sale under which **. **** purchased his home requires that **. **** submit a warranty request when there is an issue that needs to be addressed. To date, **. **** never submitted any such request related to these issues. We are willing, however, to consider this recent correspondence as a warranty request and will be reaching out to **. **** directly in order to address his concerns.

Please feel free to call me should you have any questions.

3/9/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I purchased a Toll Brothers Home a few years ago. We paid very good money for this home to have very good quality of craftsmanship. As part of the process we had our basement finished. During the cold months in early February one of our pipes froze, flooding our basement. I had a plumber come out to the home where he immediately said the problem was caused by the builder having the plumbing on the wrong side of the insulation and that if it was properly done, I would never have had any water issues. I explained this to Toll and their Project Manager's response is that is the correct way to put plumbing on an exposed wall and that they are not at fault. In my wildest thoughts, I cannot understand how they would consider that proper construction nor could a professional plumber.

Desired Settlement: I would like reimbursed for the $1000 for my out of pocket expenses and I would further like the additional repair work to be completed by Toll.

Business Response: February 26, 2014

Dear Sir or Madam,

I am writing this letter in response to notification I received of case #******* filed with your agency by ****** ****, a Toll Brothers homeowner in our ******* at ******** community. The letter from **. **** voiced his concern over a plumbing leak in their home’s lower level.

**. **** had reported a water leak in his lower level to Toll Brothers on February 11th through our on-line warranty reporting system. **. **** had his plumber repair a broken water line on February 10th on the rear wall of his finished lower level. In visiting the home that week, a Toll representative confirmed that an approximately seven foot section of the rear hose bib feed line had been replaced by others.

During that visit, **. **** acknowledged that the hose bib line that ruptured had not been winterized and did have a flow of water to it. Our Home Care and Use Guide, that is given to each customer at the time of settlement, states:

“If you are in an area that experiences temperatures below freezing, you must winterize all exterior hose bibs and irrigation systems to prevent frozen water lines.”

While we are empathetic to **. ****’s situation, there would not have been the damage caused had the hose bib be properly winterized. This was explained to **. **** when I spoke with him on 2/21 and visited his home on 2/25 and in a subsequent telephone conversation with **** ******, Division Vice President also on 2/25. No further action will be taken by Toll Brothers.

If you have any questions or concerns with regard to the **** case, please contact me at ###-###-####. We appreciate the Better Business Bureau’s assistance to identify and help resolve this homebuyer’s concern.
Sincerely,

2/12/2014 Problems with Product/Service
1/14/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I contacted *********** Security regarding issues with the security system they installed in my home. I have been paying on-time and my account with them is current but I have never received assistance regarding poor service with the alarm system. The companies own records show that the account is not active DESPITE the fact I have been paying in full for over a year. I have contacted both *********** as well as their local contractor to resolve this issue and I have NEVER received so much as a phone call, email or postal mail addressing the issues.

Desired Settlement: I would like to cancel the contract that I have with *********** Security ASAP.

Consumer Response: I am focusing my complaint on ************ Security located in *******, PA. I looked up this company on  the BBB website and the "Toll Brothers" option was the only one. Toll Brothers is the builder of the home I own and they offered a contract to have ************ install and monitor a security system. I signed this contract and hae been making regular payments in-full and I have not received anything resembling customer service from *********** or their local contractors in my area after trying to contact them by email and phone for well over a year.

Business Response:

*** *****

We received your complaint from the BBB and would like to address your concerns. You are correct in your statement that you have been making on time payments for the past year even though your security system was not activated until 11/27/2013. Page 2, Section 1-A of your contract states the billing will begin on your settlement date and not the activation date. You made settlement on May 2, 2012 and billing began on this date. On 5/29/2012 we received notification from ***** Alarm Company (this is the company who pre-wired and installed the security system in your home) that you did not have a compatible phone line in order to send signals to our central monitoring station. Page 3, Section 4-E of your contract outlines the telephone requirements in order for your security system to successfully transmit signals to our central monitoring station.

Our records indicate on 7/12/2012 & 8/3/2012 you contacted our office for the local installer’s phone number and we provided the information to you on both occasions. On 10/2/2012 you contacted our customer service department in reference to the invoice you received from our office. At this time it was explained to you that the billing began from the settlement date. You informed us during this telephone conversation that **** was your telephone provider and at that time they were not a compatible provider for alarm systems so the activation was not completed.

On 8/5/2013 you called our office asking for the installer’s number and we provided you with the contact information for ** ******* *******, another Toll Brother’s Subotractor, due to the problems you experienced with ***** Alarm Company. On 10/14/2013 you contacted our office again upset that your security system was still not activated. Our Customer Service Representative explained that last year when you tried to activate with **** they were not compatible but they now are. We then called ** ******* ******* on your behalf to set up the activation appointment.

On 10/30/2013 the activation appointment was scheduled for 11/7/2013. Due to your problems activating the security system right after you made settlement, *********** Security agreed as a courtesy that we would change the billing to begin on the activation date rather than on the settlement date. We also agreed to apply all of the payments you had already made in the amount of $600.00 while your security system was not activated to future billing. This would ensure that all payments made were for a period of time when our central monitoring station was monitoring your home security system. You agreed to sign an addendum to the contract stating we would change the billing to the activation date and your 3 year contract would start from the date of activation. As soon as we received your signed addendum on 11/11/2013 confirming you were in agreement to changing the terms of the initial contract, we issued a credit of $600.00 on your account.  

After speaking with you and receiving the signed addendum it was our understanding that you were satisfied with the outcome. Your account is currently online and your prior payments have been adjusted per our agreement and we believe this matter to have been resolved to both parties satisfaction.

12/27/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Toll brothers failed to honor a signed contract and forced us to sign the amendments. So we had to withdraw from the transaction

Desired Settlement: Toll brother should honor the original contract and give the property.

Business Response:

December 5, 2013

VIA OVERNIGHT MAIL AND

SUBMITTED ELECTRONICALLY

****** *********

Better Business Bureau

1411 K Street NW, Suite 1000

Washington, DC 20005-3404

Re:      Complaint *******

            ******* *********

Dear **. *********,

Thank you for providing Toll Brothers the opportunity to respond to the complaint that has been submitted by ******* *********.  Our company does regret that **. ********* felt the need to write to your organization about his experience.

Pursuant to a November 26, 2013 email from **. *********’s counsel, the Agreement of Sale that **. ********* had with Toll was canceled and Toll is in the process of returning all deposit money to **. *********.  Toll treated **. ********* fairly in its dealings with him.  Toll does regret that we were not able to move forward together in finalizing his Agreement of Sale and building **. ********* a home to his specifications in our ****** ***** community.  Otherwise, Toll does deny the allegations set forth in **. *********’s complaint; particularly any suggestion that Toll did not intend to honor the original price discussed the opening week end of our new community.

We wish **. ********* the best in his search for a new home, and do regret that we were not able to meet his expectations. 

Sincerely, 

 

***** ** *****

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: *******

I am rejecting this response because:

I cancelled the contract, because Toll Brother's didn't honour the signed contract price and forced me to sign the amended contract. If required, I can provide the evidence with the signed contract and Toll Brohters forced me to sign the amended contract.

Regards,

******* *********








Business Response: December 12, 2013

Dear **. *********,

Thank you for forwarding the response to our position statement by **. *********. Toll does regret that **. ********* disagrees with our position. We treated him fairly during the brief time we had a business relationship with him, and we continue to wish him well in the future.

Sincerely,

11/21/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Through deceptive business practices, Toll Brothers and its affiliate, *********** ******** require the purchase of alarm system installation/monitoring services from its affiliates during construction of a new home. This is non-negotiable. The customer is required to sign an agreement to have the ******** system installed and monitored for a period of three years. After that time, it is automatically renewed by *********** ******** for an additional period of two years. The customer can only cancel the service between 31-60 days prior to the expiration of the contract. No notification is provided, no renewal options are given to the customer prior to the automatic renewal.

Desired Settlement: Termination of service

Business Response:

I would like to provide the following in response to **. *****’s complaint that *********** Security and Toll Brothers require the purchase of an alarm system and monitoring service during the construction of a new home.  This statement is not accurate.  When buyers go through their option selection process, they are given the choice to have an alarm system installed in their home.  Toll Brothers will install the alarm system AT NO CHARGE to the buyer contingent upon a three year agreement for monitoring with Toll Brother’s subsidiary, *********** Security.  If a buyer does not wish to have monitoring with *********** then Toll Brothers will not install a free alarm system. This is not mandatory option in any way and the customer is only required to sign an agreement for monitoring IF they choose to have the option included in their home at no cost to them.

I am providing a copy of a signed Exhibit B stating that there was no charge for **. ***** in his receiving this option which discloses the requirement for monitoring in lieu of waiving that option cost.  

Attached is also a copy of the signed monitoring agreement which clearly state the contract terms (in bold) in paragraph 1 regarding the renewal of the agreement and requirements for cancellation which state that all cancel notices must be sent in writing.  This requirement exists for security reasons to protect our Subscribers. **. ***** also initialed on page one of his contract having reviewed and understood these terms.

Our office spoke with **. ***** on March 11, 2013 where our Customer Service Supervisor, ******** *****, informed **. ***** of the date his contract expired (4/19/2013) and the requirements to cancel his agreement. During this call, it was explained that a written notice was required and that once received, a final invoice for the period of 4/1/2013-4/19/2013 would be generated completing the three year agreement. Rather than sending that notice, **. ***** provided payment with check # 7036 for the period of 4/1/2013-9/30/2013 for monitoring services which renewed his current contract.

In August 2013 a new bill cycle was processed in which **. ***** was billed for his next 6 month bill cycle. On September 11, 2013 **. ***** called our office stating he wanted to cancel his service as he had switched to a local company.  ****** *********, a Sr. Customer Service representative explained to him again, that this request needed to be sent in writing per the requirements of his alarm contract. It was also explained that since this notice had not been received prior to the renewal of his contract (as was explained to him in March of this year PRIOR to the renewal) and upon receiving his payment on April 1st for the first bill period of the renewal term, his contract did enter that renewal period.

Our office feels as though we provided **. *****, through his agreement and verbal conversations, clear and concise requirements needed to cancel his agreement at the end of his three year term prior to renewal. He failed to deliver proper notice and made payment into that renewal period  therefore *********** Security believes this is a contract dispute on which the terms were clearly disclosed.

 

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

 Complaint: *******

I am rejecting this response because:

There is no indication that the subsequent pages of the original agreement have not been changed or modified since the FIRST page was signed.

There are places at the bottom of each page which should be initialed by the purchaser, just like in a real estate contract, denoting the individual has read and agrees to the terms and conditions on that page.

Since these subsequent pages have not been initialed, there is no way to determine if the terms and conditions of the original document have been changed.  These pages have not been initialed and could have been modified without my knowledge.

Toll Brothers and *********** Security cannot prove that these are the pages I was provided with upon initial agreement to the installation of the security system.


Regards,

***** *****








Business Response:

Our contract terms have not changed since **. ***** signed his agreement. The Subscriber has contracted with another company and did not properly cancel their account and contract with *********** Security first, therefore obligating himself to two agreements.

In an effort to resolve this dispute *********** Security is willing to split the difference of the balance owed (10/1/2013-04/19/2015) which would total $468.82 for a Final Account Balance of Contract amount due of $234.41.

We feel this is a fair compromise as the cost of the system installed in **. *****'s home exceeds the value of the initial 3 year agreement (hence the renewal terms in each agreement) and by not only failing to send in notice prior to the initial 3 year term expiring, **. ***** also made a 7th payment in April 2013, which entered his contract into said renewal terms.

Consumer Response: [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me.    However, *********** Security is incorrect in stating that I have signed a contract with another provider.  I HAVE NOT.

Regards,

***** *****

9/3/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We moved into our Toll Brothers home in October, 2011. Our backyard has had drainage issues, with a severe swell running through the middle of the yard, since day 1. Our Customer Care Representative, **** ***********, agreed at our 3 month and our 1 year home warranty "inspection" they would correct this problem. It has been 22 months now and we are still waiting for it to be fixed. Most recently I sent him and the Project Manager in our neighborhood an e-mail on June 24, July 10, July 24 and August 13. I did not get a response to any of the first three e-mails I sent. After my 4th attempt, I heard back from **** on August 14. Finally, for the first time in 22 months, **** said they are planning to install a french drain. But even in asking questions about when this will take place I am not getting clear answers. And there are 2 other problems they have still not fixed from the 1 year inspection I cannot get a straight answer on.

Desired Settlement: I would like for them to finally fix my backyard (and finish the 2 other problems from my 1 year inspection). I would also appreciate an apology since my four kids have not been able to fully use our backyard for almost 2 years now. I do not expect this, but in my line of work if we mess up this badly we would overcompensate with gifts/money/etc. to let the people we have "offended" know how sorry we are for the poor work we have done.

Business Response:

To Whom It May Concern:

Thank you for notifying us of this concern. The onsite project manager has been in contact with the homeowner, **. ********, and we will be working with him to develop a plan to address his concerns. I do apologize to **. ******** and commit to resolving his issues in a fair manner. Thank you for bringing these issues to my attention.

**** *****

8/3/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: purchase a home with Toll brother. Toll brother contracted with *********** to provide alarm services. *********** hires ***** to install the alarm. Now I would like to switch company as my alarm contract with *********** is up. They refused to help me. The new alarm company said they need an "Installer Code" in order to override the original installer code or this new company wants to charge $215 for putting in a new panel. I don't need a new panel, just the code. *********** said they don't have it. I called ***** Alarm, left over 10 messages over 3 months time. No one has called back. Contacted *********** again & they said they can't do anything but give me a retarded number to *****, in which no one ever picks up the phone.

Desired Settlement: Need the original Installer code or pay the fee of $215. in which I have to pay the new company for a new panel.

Business Response:

Our company does not program lock out codes, our standard installer code was in fact provided to ***. **** on 7/24/2013 at 3:43:39 EST (along with the manufacturer's normal default codes) so her statement of our refusal to help her is false, particularly since she canceled her contract with our company and services were terminated in January of 2013.  In addition to providing her with what those standard codes are, we also tried to reach out to ***** Alarm on her behalf, as they were the originall installation company despite her no longer being contracted for our services. Beyond this, we have no authority over what another company wants to charge a former subscriber whose alarm we have not monitored in over six months nor do we have any way of knowing if anything may have affected the panel during that time since we were providing service.

 

 

Consumer Response: [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me. 

Regards,

***** ****

6/2/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I purchased a Toll Brothers home in 2005. Since then, I have had consecutive problems with the poor construction of the home. Some issues include: 1) bad plumbing causing water damage/ black mold in ceiling between main level and basement. 2) Plumbing repair- leak from 3 level bath into 2nd level family room. 3) water leak damage around 2 windows. 4) water leaks from roof into bedroom on 3rd level. 5) exterior ac unit placement. 6) ac unit electronic control failure. 7) door locks failure. 8) drywall repair as a result of plumbing/ water damage. 9) poor landscape tree planting, resulting in a damaged driveway (roots from tree are pushing up driveway asphalt). 10) Additional problems resulting from poor design and construction. I have addressed these issues with Top Executives in the mid-Atlantic region and the response was negative. These issues have not been addressed and will continue to be ignored.

Desired Settlement: I do not want the company to do the repairs as I do not feel they have the integrity and skills to do a satisfactory job. Therefore I am willing to research and find the best contractors/ repairmen to resolve these issues. Once the issues are resolved, I request that I be reimbursed for the cost of these repairs by Toll Brothers, Inc.

Business Response: *** *********,
We are in receipt of the aforementioned complaint #*******.

The files for this particular case are currently stored off-site, and we will need time to retrieve them.  Additionally, the 2 people who are intimately knowledgeable of this case are both on vacation this week.  For these reasons, we respectfully request a 5 day extension for our response, so that it can be addressed fully and to the best of our abilities.

Thank you for your understanding.

****** *******

Business Response:

Our Warranty Service Manager, ******* ********** met with *** **** on May 15, 2013.  His notes from the meeting are below.

I was accompanied by ******* ***** Toll Brothers, Inc., former Warranty Representative who is also familiar with some of the warranty history and problems which the homeowner has experienced. The meeting was amicable and *** **** was very pleasant and helpful in providing the history of the problems she has experienced since her home Settled over eight years ago.

I shared with her that I was unable to consider reimbursement for the repairs which she has made to date. The plumbing repairs were made by her well after the 2-Year plumbing warranty period after Settlement. They were not caused by bad plumbing but rather by the breakdown of the toilet wax rings in two different bathrooms and were not covered under the Toll Brothers Limited Warranty.

I recommended she begin to have her roof periodically inspected, repaired and maintained to prevent water infiltration. The drywall damage in the living room was a result of leaking windows. They will continue to leak if the exterior wood trim around them is not maintained periodically with caulk and paint. No exterior maintenance has been done since Settlement.  There are visible gaps in the caulking between the brick and wood trim and windows. She will need to replace some of her trim which is beyond repair. This maintenance and the need for subsequent repairs are not covered under warranty and must be done by every homeowner to prevent these conditions.

The asphalt  on *** *****’ driveway and her neighbors’ driveway is being lifted by the roots of a maturing Sycamore tree planted over eight years ago. This buckling of the asphalt is sure to worsen with time and I related to her that I would investigate any options that exist.

5/24/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Toll Brothers built my house and I closed on it in January 2003. In speaking with the builder while they were building my house, he indicated that the lining underneath the siding would be completely covering the house to ensure proper installation of the siding. This year, after a wind storm, a piece of the siding fell off of my house and I noticed that this lining was not actually underneath my siding at all as was initially indicated. I took pictures of the siding and filled out a warranty request form with Toll Brothers directly, but have not heard anything at this point. The lawyer who originally closed on my house suggested I contact you for some help in getting this resolved as I feel it should be fixed even though my 10-year warranty ended in January, as this was a case of the initial installation process not being completed properly.

Desired Settlement: I am looking to have this issue repaired at no cost to me as it was not installed properly as was explained by the builder.

Business Response: Meant with *** ****** at his home with our siding contractor this morning. And as a curtsy to *** ****** for being a long time Toll homeowner. We replaced the fallen siding on his house. *** ****** was very happy and was going to contact the BBB to recall his complain.

5/21/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I had issues in my condo, and a Toll Brothers employee came to investigate at the end of Sep 2012 (complaint #*****), including removing a piece of the window that made it operable (it no longer is), had a estimation make one of the repairs in November , and said the complaints had been accepted and were now opening a service request. I didn't hear from them for a number of months and when I finally got through I was told they were not allowed to speak to me due to a Title 7 filed by the HOA. I have since been told that all repairs have to go through the lawyers that filed the Title 7, who in turn say Toll is still being given the opportunity to fix issues in a unit before the contractor hired by the Title 7 company. Therefore, it is clear to me that Toll has been negligent in fullfilling its commitment to make repairs to my unit. The issues were approved for repair by Toll and they should have done them by now. Now they say they aren't going to do them. Therefore they are liars and have violated the contract.

Desired Settlement: The issues need to be repaired immediately. This is the only acceptable outcome as they are long overdue. Otherwise Toll will refund me for the cost of repair including cleaning and the time I spend dealing with it.

Business Response:

*** ******* *********                                                                                      May 8th, 2013

Better Business Bureau

Re:  **** ******* Complaint

 

 

Dear *** *********,

 

 

I am writing in response to your letter to ****** ******* with Toll Brothers, regarding our homeowner **** *******’s complaint to you.  *** ******* claims in his letter to you that Toll Brothers in refusing to perform repairs to his home.  Unfortunately, *** *******’s home is a condominium located in a community where the Homeowners Association has filed a Title 7 claim against Toll Brothers.  This action precludes Toll Brothers from performing any work without the express written consent of the Homeowners Association’s legal counsel.  Toll Brothers is ready, willing and able to undertake the repairs to *** *******’s home once he can procure an official written release from the Homeowners Association’s law firm.

 

If you have any questions, please do not hesitate to contact me.

 

 

Regards,

 

**** ****

Group President

 

 

Cc: **** *******

       **** ********

 

 

4/9/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Toll Brothers is the parent company of ****** ****** ** located at **** ******* ******* ******** ** ***** Phone: ************. I applied for a rental home on-line and was charged $450 on February 17, 2013 in order to submit the application for me, my boyfriend, ******* ********, and niece, ***** ********. ****** ****** advertises a "$99 move-in" special on their website. Since ****** ****** is owned by Toll Brothers I was confident I was dealing with a reputable business. I thought they would either not charge my bank account more than the special price or they would give me a credit of the difference from my rent payment. I went to ****** ****** in person the following day to look at the rental homes and meet with a sales person. After spending several hours working with the sales person, *****, and the manager, I chose a home and move-in date but my application was then denied. At that time I requested a refund. ***** told me if you apply on line you aren't eligible for the $99 special, even though that's where it's advertised. When I complained he said he had to talk to the manager about it. Then he said I would receive a refund but it could take up to 30 days because all checks are written from the Toll Brothers' home office in **. On Monday morning, March 11, I called ****** ****** and spoke to ***** to inquire about the status of my refund. He said he would check on it and call me back. I waited all day and he never returned my call. I called again that afternoon and he said he would speak with management and call me back. Again, no call back. I called several times the next day but didn't get to speak to *****. I was told he was busy, another time he was in a meeting, another he wasn't in the office. Each time I was assured he would return my call but he never did. I called again and was able to talk to ***** the following day. He said the reason I had not received a refund was because he forgot to request it. He assured me he put in the request and was sending it for approval. He said the request would be sent to the home office in ** and they would send me a check. I asked if there was someone in accounts payable I could speak to and he said no. I asked if he could give me the name and number of someone I could contact at the home office in ** and he said no. I am definitely getting the runaround with *****, ****** ******, and Toll Brothers. I haven't received a refund or even a return phone call.

Desired Settlement: Resolution of this issue with ****** ****** ** and/or Toll Brothers amicably and promptly. I want a refund of the $450 deducted from my bank account by ****** ****** on February 19, 2013 without having to take further action. Below is a copy of the transaction record from my ***** ***** checking account showing the amounts withdrawn by ****** ******. Posted Transactions Date Description Withdrawals / Debits 02/19/13 ****** ****** LP Rent **** ******* ******** $50.00 02/19/13 ****** ****** LP Rent **** ***** ******** $50.00 02/19/13 ****** ****** LP Rent **** **** ***** ******* $350.00 Totals $450.00 I have recently seen many complaints on-line about ****** ****** management and how they conduct business; most of the complaints are from ****** ****** tennants. Toll Brothers has a good reputation; if they aren't aware of how ****** ****** does business they should look into it and correct it.

Business Response:

Dear *****,

We regret that you were unhappy with your experience at our community.  At ****** ******, we strive for the enjoyment and satisfaction of all who choose to make us their home.

Following is our understanding of what transpired.  We received a payment of $450.00 from you via Resident Portal, our on-line payment management software system.  This payment included a security deposit of $300.00 in order to reserve an apartment, as well as three non-refundable application fees at $50.00 per application (one for each of you, ******* ******** and ***** ********).  Subsequently, you visited our community and indicated that you were in the market for a ground-floor 3-bedroom apartment.  At that time, we did not have any apartments available that met your criteria.  However, in an effort to accommodate you, we proposed the idea of converting our guest suite into a rentable apartment for you.  After both parties agreed to this idea, we performed background/credit checks for each of the three applicants as part of our standard qualification process.  Unfortunately, the results of the credit checks did not allow us to move forward with you as a resident.  Accordingly, you were entitled to a refund of the $300.00 security deposit.

Upon receipt of your complaint with the Better Business Bureau, we contacted you to discuss the matter.  During our conversation, we came to an agreement as to the appropriate amount of your refund, which you have since received.  It is our understanding that you are now satisfied with the resolution of the matter.  We do apologize that there was some confusion during the process.

Thank you for considering ****** ****** as a home for you and your loved ones, and we hope that you will consider us again.  We look forward to serving your needs in the future and finding you a comfortable home.

 

4/5/2013 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: When I build my house with Toll Brothers, they required me to sign on with their subsidiary security company, *********** ********, for 3 years. However, they did not disclose that the contract will automatically be renewed for an additional 2 years if I don't contact them in writing 31 days before the contract is up for renewal. This was never discussed at my closing. Now I am stuck for another two years of service.

Desired Settlement: I have been with them for over 3 years already and would just like to cancel my contract with them.

Business Response:

In response to your complaint to the Better Business Bureau dated 3/20/2013, I would like to provide the following as explanation to the charges and cancellation terms of the monitoring agreement you signed with *********** ********:

When you purchased your home from Toll Brothers in October of 2008 you were offered the option to have a security system installed in your home at no charge contingent upon a 3 year monitoring agreement with *********** ********* This option was not a requirement yet a monitoring agreement was signed on 10/25/2008 accepting this option at no charge.

A copy of this agreement is attached and clearly states in the first two sentences of the General Terms and Conditions, not only the initial term, but also the renewal terms of the contract. This information is bolded and underlined for clear disclosure. Acknowledgement of reading these terms was initialed on the first page of the contract as well as each page of the Terms & Conditions when you signed the agreement.

We make every attempt to disclose the information regarding the terms of the monitoring agreements in a clear and concise manner. We feel we have done that and those terms were acknowledged. The monitoring agreement is not a part of the normal closing process which is why it was not discussed at settlement. This information was presented and sent to you several months prior to your closing which provided for ample time to review and / or questions you may have had.

Based on the renewal terms of your agreement, cancellation at the end of your initial 3 year term would have required notice 30 days prior to the expiration in July 2012. However payment was made in June 2012 and again in January 2013 for service at which time your account was 6 months into your renewal period and paying for another 6 month cycle.  Should you cancel your account (I see that written notice has not yet been received or processed by our office), a final account bill will be created for the balance of the contract based on the terms you agreed to.

Please understand that based on the nature of the services contracted, verbal requests to cancel service are not binding for security reasons which is why it is asked of you to send notice in writing. We require a written notice by the contract holder to cancel any account for which service is being provided in order to prevent any unauthorized person from contacting our office to shut off service of a protected property. This is for our Subscriber’s safety and is a standard policy for alarm companies.

3/18/2013 Problems with Product/Service