Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:02/12/2025

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  The builder did not install windows & sliding doors in our new construction home according to the contract. The contract indicate "Double Pane Low E-insulated" windows & sliding doors, however the products installed are NOT. We emailed builder 2 times since Jan 15, 2025 asking for a resolution however there is no reply from builder. We emailed another order with the same type of series but showed "Double Pane Low E-Insulated" description to compare with builder current order.

  Business Response

  Date: 02/20/2025

  The windows in the home were installed nearly two years ago, and no concerns or issues were reported to us. Throughout the entire construction process, we provided the homeowner with detailed progress updates via our project management software. Attached is the log of the window install.

  In August 2024, a comprehensive home orientation and delivery inspection was conducted with the homeowner. During this inspection, the homeowner reviewed and signed off on the acceptance of the windows, screens, exterior doors, and sliding glass doors under the Exterior Pre-Delivery Inspection Items section, with each item initialed by both parties and finally signed confirming approval and acceptance of the home.

  I have attached the page of the homeowner walk sheet showing the initials and acceptance. We remain committed to addressing concerns within the terms of our agreement.

  Customer Answer

  Date: 02/21/2025

   
  Complaint: 22930710
  
  I am rejecting this response because:

  1. Builder DID NOT communicate anything with owner during the construction time according to the Protocol Forms listed in Builder Trend except Prestart Orientation that we signed. Builder DID NOT inform us of the building process unless we had concerned & called supervisor.

  2. The incorrect windows & sliding doors were discovered during the time WE LIVE in the house. 

  3. We signed the walk thru DID NOT mean that we can not questions the products that builder install in our house.

  4. Builder knows that the windows & sliding doors are NOT DOUBLE PANE nor they are INSULATED. PGT Insulated windows has description stated "LAMINATED INSULATED". I called PGT to confirm the order information while ***** construction supervisor heard the *** *** stated that these windows & sliding doors ARE NOT DOUBLE PANE OR INSULATED. 

  5. Info & description of "DOUBLE PANE" or "INSULATED windows can easily found online.

  6. We refused to remove this complaint cause builder clearly DID NOT install the products according to the contract. They installed a totally different products, NOT in similarity. 
  
  Sincerely,
  
  *** ******

• Initial Complaint

  Date:10/30/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On July 1, 2021, my husband and I went under contract with Sposen Signature Homes to build a home on our lot in *********** Village, ***********, *******. We agreed to pay cash for the home in 5 "draws" after making a down payment of $62,056.00. We paid these on time and in good faith. On July 21,2023, Sposen contacted us stating they would be taking the final draw of $24,822.20. We questioned them, concerned that the house was not completed and a closing date hadn't been scheduled. We did not get a response back from our inquiry. On 7/24/23, we messaged Sposen that we did not authorize releasing the final payment until county inspections were passed and work on the house was completed. We did not dispute the final payment, just the timing of it prior to the house being done. They took the final payment without our authorization on the following day. Again, we never gave them authorization to take that payment. On August 10, 2023 we received communication for reconciliation of pre-approved costs in the amount of $41,690.29. We paid this amount the next day, although the work we had discussed prior to the final draw had still not been completed. August 31, 2023 we received the Certificate of Occupancy and we moved into the house. Since that time we have attempted to get Sposen to respond to our warranty is***s. No response. I submitted an honest review of the company in ****** Thursday, October 26, 2023. The owner of Sposen, *************************** called my husband the next day requesting I take the review down. Today, ****** called my husband and told him if I did not take the review down, they would *** us for libel, defamation and slander, and would stop work on all warranty is***s. Can you help us? All we want is for the work to be finished and to have no other contact with this company.

  Business Response

  Date: 10/30/2023

  Here are answers to their review.

  1. On July 1, 2021, my husband and I went under contract with Sposen Signature Homes to build a home on our lot in *********** Village, ***********, *******. We agreed to pay cash for the home in 5 "draws" after making a down payment of $62,056.00. We paid these on time and in good faith. On July 21,2023, Sposen contacted us stating they would be taking the final draw of $24,822.20. We questioned them, concerned that the house was not completed and a closing date hadn't been scheduled. We did not get a response back from our inquiry. On 7/24/23, we messaged Sposen that we did not authorize releasing the final payment until county inspections were passed and work on the house was completed. We did not dispute the final payment, just the timing of it prior to the house being done. They took the final payment without our authorization on the following day. Again, we never gave them authorization to take that payment. On August 10, 2023 we received communication for reconciliation of pre-approved costs in the amount of $41,690.29. We paid this amount the next day, although the work we had discussed prior to the final draw had still not been completed. August 31, 2023 we received the Certificate of Occupancy and we moved into the house.
  A. Here are the agreement provisions which allowed the final draw to be released:
  1.Paragraph 5 states: CONSTRUCTION DRAW SCHEDULE/DEFINITION OF COMPLETION. The Construction Price shall be due and payable by Owner to Builder during the course of construction pursuant to the construction draw schedule attached hereto and made a part hereof as Attachment G (the Draw Schedule). Owner understands, acknowledges and agrees that all amounts detailed in the Draw Schedule shall be due and payable to Builder within five (5) days of receipt of *************** (Draw Request) to Owner. The Draw Request shall indicate what portion of the Draw Schedule, Builder indicates has been complete and how much Builder claims to be owed (Draw Amount).
  
  B. Paragraph 5 further states:
  Owner is advised that correction of red tag items or completion of inspections by the applicable governmental authorities having jurisdiction over the construction of the Home is not, in any way, relevant to Owners obligations to pay to Builder the amounts set forth on the Draw Schedule at the times required thereby and hereby. Any and all of such red tag items and inspections shall be completed either on or prior to Completion or as part of the punch list procedure described in this Contract.
  
  C. In addition, Paragraph 16(d) States:
  Under no circumstances and under no events shall the items on the punch list delay payment to Builder of the Construction Price and all other monies due and payable to Builder hereunder in the time required hereby or otherwise be subject to an escrow or holdback of any kind or nature whatsoever
  

  Based on our signed agreement, we do not need any approval to release draws from the title company, only need to send them notice of the transfer as long as the items on the list are complete.  We sent ********* and *** a written notice 7/21/2023 that the final draw was being transferred and copied the title company on that email.  The final draw was then transferred within the 5-day period outlined in the agreement on 7/24/2023.  We only release draws when they are due as outlined in the agreement and the draw schedule. 
  
  We believe that *** and ********* were attempting to hold back the final draw to put pressure on the overall completion of the home.  Our agreement does not allow for that, so I think it frustrated them causing them to try and challenge the final draw.    
  
  We have attached a copy of the entire build schedule that shows when the items allowing draw 5 to be transferred where done.  All of which were complete prior to 7/21/2023:
  
  2. Since that time we have attempted to get Sposen to respond to our warranty is***s. No response.
  Response: We only have two simple open claims from the homeowner walk (see attached signed walk sheet).  These are not warranty; they are order items where the replacement parts are on backorder from the manufacturer.  We have communicated that to them, but they are unhappy that the parts are not readily available. 
  
  3. I submitted an honest review of the company in ****** Thursday, October 26, 2023. The owner of Sposen, *************************** called my husband the next day requesting I take the review down.
  Response: This review has numerous factually incorrect statements, many of which are shown to be false by this reply as well as the attached documentation.  The owner of Sposen reached out to ************************* because he sent a threatening email to our staff (attached) with caps that insinuated violence. Once I was able to calm him down and advise him that backordered cabinets are no reason to be violent we discussed some dates for the backordered items and he agreed to have the review removed based on the resolve. 
  
  4. Today, ****** called my husband and told him if I did not take the review down, they would *** us for libel, defamation and slander, and would stop work on all warranty is***s. Can you help us? All we want is for the work to be finished and to have no other contact with this company.
  Response: ************** ******************** have the owners personal cell phone, so if she needs to contact him, she can.  ****************** did advise them that we take false and slanderous statements very seriously and would track any losses that we incurred due to the false statements and pur*** damages. Which we are currently doing now with our attorney. 

  
  

  Customer Answer

  Date: 11/03/2023

   
  Complaint: 20795584
  
  I am rejecting this response because:

  I have reviewed the response from Sposen Signature Homes. I find it to be non-responsive to the items outlined in my complaint, and therefore unsatisfactory in resolving the complaint.  Following is my response to the business.
  Response to Sposen Response 1A. 
  The business cites the contract language in Paragraph 5 related to the construction draw schedule and definition of completion.  The concern was not with the construction draw schedule or the requirement that the final draw be completed within 5 days. 
  My complaint is based upon the fact that the final draw was taken by Sposen Signature Homes prior to the 5 days we contractually had to provide it to you, and after we had sent an emailed letter dated July 24, 2023,at 4:53 p.m. questioning this payment based on the house not being completed and a closing date not being scheduled. In that letter we stated we did not authorize the final draw to be pulled until our questions had been answered. We never received a response from Sposen related to our inquiry.
  As ****** states in his response, the final draw was taken July 24, 2023, two days earlier than the stated 5-day period given to owners to authorize payment and without express authorization by us, the owners.
  Response to Sposen Response 1B. 
  Even though ****** continues to quote paragraph 5, it has nothing to do with the matter. See the response to item 1C below for the specific items that were called for in Draw #5 but not completed until after they had unethically, and possibly illegally,taken the draw. It is quite clear that those items were completed after the July 21 request and transfer of funds to Sposen.
  Response to Sposen Response 1C.
  As stated above, my complaint was not based on the final draw being due, but on the timing of the draw and lack of response to our inquiry related to the final draw and incomplete items on the home. 
  Sposens reliance on the build schedule as documentation that items had been completed is completely misplaced.  It was our experience that the calendar was never adhered to during the two years our home was being built.  A copy of the build calendar and daily logs can be provided to prove this to be true. 
  The items in Attachment ******* Draw Schedule state that House Draw 5 will be taken when plumbing fixtures,hardware/shelving/mirrors/shower enclosure, appliances, drive/walks/garage door, electrical fixtures, ceiling insulation, and septic/public sewage are complete.  During the flurry of emails sent by us (without response) and phone calls made by my husband during July 21 through the 24th, we were made aware of the information provided in the response by ******. However, at that time items listed in the schedule for draw #5 were not completed and that is what prompted us to dispute their validity in taking the final draw amount.
  The funds were released on July 21, yet the lighting wasnt completed until July 26 per daily logs in their Buildertrend portal. On July 26 a text was received from *************************** in response to a request to confirm installation of the shower enclosure and the 220v outlet on the lanai. ***** responded that the 220 was going in on Friday and he would check on the shower glass in the morning. On August 4, we received a text at 11:48 am with a picture showing that the shower enclosure had finally been installed. Later that same day at 12:20 pm we received another text with a picture showing that the 220v outlet was finally installed. This proves my contention that the draw was taken in conflict with the contract that ****** keeps quoting, as the items specifically listed in the contract were not complete. Those items had nothing to do with being red-tagged or lacking inspections, they just were not completed. That statement by ****** that All of which were completed prior to July 21, 2023 is just false based upon the information provided.
  We were attempting to hold back the draw simply to ensure that all items called for in Draw #5 were completed. The history of uncompleted work within the timelines promised made us quite skeptical.
  Response to Sposen Response 2.
  ****** states that there are only two simple open claims from the homeowner walk, although there are actually 3.  There is a fourth item that has continued to be an issue prior to the walkthrough and prior to the closing.  At the walkthrough, we were told by a Sposen representative that this issue did not need to be added to the walkthrough checklist due to it being an ongoing issue in which a satisfactory fix was in the works.  This issue has to do with the sod and irrigation installed by Sposen. 
  Our lot is located alongside a strip (approximately 12 feet wide) of open space owned by Burnt Store Village (the ***** the subdivision we built in.  When the lot was bladed,Sposen crossed onto the open space, placed a silt fence past our property line,and mistakenly bladed that strip of land. We do not own it and have no authorization for it being bladed.  We were unaware this had happened, as we were out of state buyers and didnt have ready access to the construction site on a regular schedule.  We do have photos that were taken when the lot was bladed that shows the overstep. 
  When the sod and irrigation was installed, it was installed on the open space (east side of our lot) up to our neighbors property line.  As a result, there is a strip, approximately 12 feet wide, on the west side of our lot that was never sodded due to the intended sod being laid on the POAs open space.  Additionally, due to this mistake, we are now required to water and maintain this strip of open space that doesnt belong to us because of what Sposen did.  That is a cost in perpetuity that we, as retirees, cannot afford and do not believe we should be responsible for.
  We were in ******* for one of the misrepresented walk throughs on the day the sod was installed (June 29, 2023) and noticed what had occurred.  *** emailed *************************** and *********************** with Sposen on June 30 about this issue.  We were reassured it was being taken care of. As of this date, it has not been remedied.
  In addition, our POA is withholding a deposit of $2500, because our lot did not meet their requirements, resulting in our not passing their inspection.  We cannot get the deposit released to Sposen, who is to release it to us, until the sod issue is remedied.  We have been told over and over by different representatives from Sposen that the sod will be corrected.  As of this date, it has not been done and *************************** threatened that the work would not be done unless I remove my review from ******* Now from the texts and emails, we can only infer that he has no intention of taking care of the work that has been promised by so many, and instead will charge us for the sod. An email received from *************************, with the Sposen warranty department on October 3 stated;
  Good afternoon,
  I reached out to the landscaper that installed the grass at your home and he is currently waiting on a couple of pallets of grass to come into the warehouse so he can install them at your home. He is hoping the grass is here in about a week depending on the weather.I will follow up with him on Monday of next week to see if he received the grass at the warehouse.
  Thank you,
  *************************, Administrative Assistant
  Sposen Signature Homes LLC
  ******************************************************************************************************
  Direct Line: ************
  www.sposenhomes.com
  
  Furthermore, when attempting to follow up on this we received another email from ************************* on October 23 that stated;
  
  Good afternoon,
  
  I spoke with ***** about the sod and he is going to address the sod with the landscaper to have this taken care of.
  
  I have sent an email to ************* for an update on the missing shelf and the drawer face that is needed. As soon as I hear back from them, I will send you an update.
  
  Please let me know if you have any questions.
  
  Thank you,
  
  *************************, Administrative Assistant
  Sposen Signature Homes LLC
  ******************************************************************************************************
  Direct Line: ************
  www.sposenhomes.com
  
  *************************** claims they have communicated to us regarding the status of the warranty items.  The only communication that has occurred has been from my husband requesting the status of these fixes.  Over and over, we have been told they are working on it.  We closed on the house on August 31st, 2023.  We are now in the third month of trying to get a response on the small items (shelf in the kitchen, drawer front replacement in the kitchen, and closure for closet door in bedroom).  Each time we are being told that they need to look into it. We have been working with ***** and ***** at Sposen to get these items corrected, along with the sod. They finally said to submit it as a warranty claim.
  We first requested correcting the sod situation June 30, 2023.  We are now in the fifth month after this was pointed out with no results.  As for the sod, I spoke with the landscaper and *************************** together on October 6.  ***** told ***** he was waiting for Sposen to blade the area where sod needed laid before he could install the sod. ***** indicated he was unsure how to get this done due to our installation of fencing around the backyard.  He stated his equipment wouldnt fit through the gates and asked me what I thought they should do.  I told them to rent a piece of equipment that would fit through the gate. I left the conversation under the impression that ***** would get the sod done as soon as he received the sod and Sposen completed the blading.  If the issue had been corrected when it was first reported, there would not have been a fence there.  The fence was put in to hold our dog soon after we moved in.  The responsibility lies with Sposen. 
  You can see by the communications going back and forth that it is more than ****** wants to admit. Numerous times we were told by Sposen representatives that it would be taken care of. That all stopped when *************************** got involved after my husbands letter expressing his frustration with the lack of communication and progress that any reasonable person would expect,and my posting of the review. 
  Response to Sposen Response 3. 
  The review was an honest statement of my opinion about the service we have received from Sposen Signature Homes over the last two years.  It reflected on my experience with this company and is backed up with written documentation.  There is not a single statement in my review that was false, libelous, slanderous, or defamatory.  I can provide all documentation to BBB for further action, if necessary. 
  The emails sent to Sposen did not reflect anything violent.  They reflected our sense of intense frustration that has grown with time due to poor customer service and the coercive tactics ****** uses to bully its customers into withdrawing a truthful, but negative review.  We have not been listened to.  We have not been responded to.  We are frustrated.  The email in question reflects that frustration.  I can assure you, there was no calming down needed from *************  The copies of emails below show the progression of an expectation of forward movement, the lack of response, and the increasing level of frustration.
  The following email was sent to ******* with the Sposen warranty department on 10/3/2023:
  *******,
  Other than ***** contacting **** to get a picture of the drawer front that had damage, we havent heard anything on the warranty issues that I forwarded to you on 9/27/23.
  Attached are pictures that **** took today regarding the sod issue on the west side of the property. You can clearly see where the sod left off and the natural grasses are growing, as well as the fence line indicating the area that should have been covered. In one of the pictures which is more close up, you can see some sod that was laid down but has died. My concern is that, like the sod, the sprinklers were not installed to cover the full yard and that dead section is a result of not receiving water when it was first laid down. Fortunately, there has been quite a bit of rain so the natural grasses and weeds are now green.
  Can you please advise as to when we should expect the reported issues to be addressed?
  Thank you.
  ***********************
  On October 23, 2023 after no response to the previous email,another email was sent to *******:
  *******,
  We have been patient but that patience is just about gone. Still no grass and still no replacement drawer front or missing shelf.
  The grass issue was reported just after they installed the grass to *****, and it has been promised over and over to be taken care of. The landscaper is telling us that he wont install the grass until that section, that was forgotten about, is graded. He says he has told ***** about it, but nothing has taken place. I havent heard anything from you regarding a follow-up.
  We are also STILL waiting for the damaged drawer front to be replaced in the kitchen, along with the missing shelf above the refrigerator. Both of these were noted during our walkthrough.
  I am demanding that these be corrected immediately, otherwise, I will be forced to seek other remedies to resolve these issues that have been ongoing for far too long.
  ***********************
  After still no reply, the following email was sent to *******, ******, and ****** on October 26 expressing frustration and attempting to get a response. This email cannot be construed by any reasonable person to insinuate violence, but the level of frustration is quite clear.
  Still nothing and now it has been over 2 months. How long can it take for someone to get back to you. How many times do we have to ask about things that were noted weeks and months ago. This is getting to be very old and the consistent Ill get back to you is getting way too old.
  This is why we wanted to hold back the final draw, because there were still outstanding issues that had not been completed.I sent an email that we did not approve the release of the final draw but it was taken anyway. That is highly unethical, fraudulent, and I am sure is something that could be a valid complaint to the State overseeing the title company you own.
  No more delays, no more checking into it.Get this c*** done now! I expect a call with a date and a firm plan. This is my last request!!!
  We still need the sod and sprinkler issue taken care of that was mentioned prior to closing and the final draw being released without our consent. Sposen ended up not installing the sprinklers and sod according to the site plan and covered the 12 feet of POA common area to the left of our house. This resulted in about 10 ft or so of sod being shorted on the right side of the home within our property line. The landscaper will not install until that section is graded and now we have a fence up. Some sod that was put down is dead, making me think the sprinklers do not cover the area to the property line. We will not be responsible in perpetuity for watering and maintaining that extra landscaping that is not even a part of our lot. Those dimensions are clearly noted in the submitted and approved plot plans. I guess someone has a hard time reading plans?
  We still need the damaged drawer face and missing shelf above the refrigerator, which has been promised numerous times.We still need the missing latching mechanism at the top of one of the bedroom closet doors. These are simple issues that were promised several times,including at the time of our walkthrough to be taken care of before we moved in.
  It seems that in the warranty department,you would have a job order system showing what items need to be addressed and their status. Why is it that every time I ask, the answer seems to be that you need to check on it? Are you not following up on submitted issues?
  Do you get a sense of my frustration? If not let me be clear. I am past the point of frustration and all the issues we have endured. We love the house, it seems to be well-built but the experience has been horrible. I could go on and on but I wont right now. We have reached out to upper-level management a number of times through this process, but no one has ever responded. I expect a firm date AND follow through!
  These contractors work for you, some of them are owned by you. It shouldnt be as soon as I hear back from you, you should demand the same level of service your customers should be afforded. You are able to get cabinets, sod, etc for your current builds, make it happen for us who have already paid you AND have been waiting for a few months already!
  I look forward to the completion of these items. Not sometime in the future when your subs get back to you. NOW! As I have said previously, GET THIS FINALLY TAKEN CARE OF BEFORE I SEEK ALTERNATE REMEDIES!!!
  A very ****** off, and fed up customer.
  ***********************
  ************
  On October 30, ****** called my husband, upset that I had made a complaint to the BBB. His willingness to resolve the issues quickly changed as he said that he now needed ******* in the ******************* to return from vacation, even though the November 10 date to resolve the outstanding issues was with full knowledge by both parties that ******* would be on vacation until November 3. He later that day sent a text with a screenshot telling someone to Hold off on ******** sod until further notice.We have to evaluate the sod allowance to get a cost to them with a message that Ill let you know when we get a cost. He also sent an email to ***********************;
  *****,
  Please provide me an account of the Sod square footage we paid for on this job so i can assess against the contract allowance to see what is due to complete the sod area of the lot. 
  Thanks
  ******
  Additionally, there was no agreement to take the review down in exchange for this work to be done.  The review was from me, not my husband. I have not spoken to ****** about this, and my husband had nothing to do with the review. It is one of several ****** reviews on Sposens website and one of many negative reviews online, including three complaints to the BBB in the last 12 months. I also posted a buyer beware warning on Sposens ******** page.  My comment was removed, and I have been blocked from their page. 
  Prior to removal of the ******** post, I was contacted by two individuals (both customers of Sposen) warning me that ****** would be calling as soon as he saw my post and threaten me with slander if I didnt remove it.  This comment was posted on October 24.  It was removed and I was blocked the following day. 
  The ****** review was done October 27, 2023. Soon after I posted the review, ****** called my husband. I have now researched reviews of this company and found there is a pattern of behavior identical to what we have experienced resulting in customers being discouraged and even threatened for posting negative reviews. When these reviews have been published ****** demands the review be taken down and intimidates, or in our case, coerces the reviewer to comply with his demand through work stoppage, and threats of lawsuits for slander, libel, and defamation.  As a consumer and customer of this company, it is my desire that this does not occur with anyone else.  People are being injured by this behavior and our experience is not an outlier. 
  ****** called my husband October 28th. During that phone call ****** told my husband to have me take the review down.  Upon discussion with my husband, I said I would not take the review down.  Dates were discussed for resolution of the warranty issues and sod/irrigation problems, and we expect them to be adhered to as discussed regardless of the status of the ****** review.  A reasonable deadline of November 10, 2023, was discussed and agreed to between *************************** and *********************** on October 28.
  On October 29th, ****** called my husband again.  In this conversation he demanded my review be taken down and threatened a defamation lawsuit.  He claimed hed already lost 5 contracts because of the review.  Upon amending the review on October 28th, I found the review had been liked five times.  I believe this is the basis for ******* statement and does not represent the number of actual contracts lost due to the review.  He changed that number in further discussion with *******  As stated above, there are several negative reviews of this company online.  Any one of those, or a combination of those would alert any reasonable home buyer of issues with this builder. 
  In subsequent discussion and based on the agreement to complete the required work by November 10, 2023, I have agreed to take the review down once all work is completed to our satisfaction.  This proposal was provided to Sposen in writing and no response has been received, except a text message threat of lawsuit claiming extortion (October 30, 2023). 
  It has been our experience that ****** has changed his story and does not care to resolve the issues discussed during conversations with *** and in response to this complaint. Therefore, our demand to have all future communications in writing, rather than verbally, is justified.
  As a point of clarity, ****** refers to my husband as *******************. My husband and I have different last names as clearly indicated on page 13 of the signed contract that ****** keeps referring to. 
  Response to Sposen Response 4. 
  The threat of a lawsuit against us still hangs over our heads.  We have asked that all communications between Sposen Signature Homes be in writing due to the attitude ****** has shown toward my husband and the continued threat of lawsuit if the review doesnt come down.  During his conversations with my husband on October 27, 28 and 30, ****** contradicted his previous statements several times and misrepresented previous conversations. His behavior toward us further shows the validity of my review and this complaint.  His response to the items in this complaint are similar to what weve experienced while trying to resolve these issues in a proactive manner.   
  How I would like to proceed in this matter. 
  It is my expectation that all threats of lawsuit be halted immediately,and that Sposen Signature Homes honor their warranty and their responsibilities as described and presented in their contract, in warranty book by the date agreed upon, and in the promises made by Sposen during the numerous communications that have been made by their employees and representatives. In exchange, upon satisfactory completion of the above items, I will remove the negative review from ******* 
  It is my belief that the customer is always right.  This is a concept that appears to be foreign to ******************************************  We paid cash for this home construction.  We paid all our draws on time, in cash, as provided in our contract. We just want them to honor the contract, warranty, and promises they presented to us in such a positive fashion when we walked through their doors looking for a home builder and signed our contract in 2021.  The promise of what this company would do related to our build, was high.  We just want them to meet the values their company slogan claims on their website.  Integrity. Quality. Value.  We believe the quality is there.  Time will tell on the value.  I would like to see them work on the integrity. 
  Again, I find the response to be unsatisfactory and am eager to move forward with any help the BBB can provide in reaching a fair and reasonable resolution.  Thank you for your time. 
  Sincerely,
  
  ********************************;
  
  Sincerely,
  
  ***********************************

  Business Response

  Date: 11/11/2023

  We understand that building a home is a very emotional experience, especially during a time of constant shortages with labor, supplies and post category 5 hurricane.  We also understand that negative reviews are a way to express those emotions, even though they arent very productive. We typically do not reply to negative reviews immediately online as we know it takes some time to process those emotions and we want to give our clients that space.
  
  Instead of having an online battle, we choose to reach out immediately via phone and have a human conversation to try and understand the issues so we can come to a timely resolve.  The day this review was posted, I immediately called ******************** to discuss the challenges you were facing.  He was quite calm and very understanding of the explanation with the backorder parts from your cabinet repairs as well as well as the citys requirement to sod the easement that abutted your property. Part of that resolve included the removal of the review since it didnt contain factual information.  He agreed with me and was to take it down.  
  
  I would have preferred he had upheld his promise, and we continue to go down the path of resolve and keep the relationship positive.  Unfortunately, you have chosen to go in a different direction with misinformation, so I am left with no choice but to enter facts into the discussion.  
  
  Here are the facts:
  2-year build time Our agreement is for 24 months with extensions for items of Force ******. Your contract funded on 8/9/2021, your permit was released on 5/18/22 and house completed on 8/31/23.  Your build time was 15 months. During your build we experienced many force majeure items such as shortages of materials, labor, and a category 5 hurricane. The hurricane alone caused a 4-month delay on most projects as municipalities were shut down, so your build time was not at all out of line considering.  
  
  Allowance reconciliations and Pre-approved cost These were agreed to by both parties due to building a semi-custom home.  The Pre-approved cost recs were discounted down to hard costs, where we only collected the cost overrides without any margin as a courtesy.
  
  Draw releases - The draw releases were all released within the allotted time of 5 days as stated in our agreement.  
  
  Sod - The county in which you choose to build in requires you to sod any abutted areas, including easements to get CO.  We put down the amount of sod that was in our agreement in the minimal areas it took to get the house completed as close to your budget as possible.
  
  Roofing Carpet etc. Every builder experienced shortage of materials.  Our agreement allows us to make the changes without your authorization, however we always included you in reselection anytime a shortage came up.  
  
  Co We can only submit for the *** once we do that we have no control over the actions of the Govt owned Municipality, all of which we disclose in our agreement with you. 
  
  I have copies of all signed materials that back up the above facts and will meet personally with any clients who have concerns about these false and slanderous claims.  

• Initial Complaint

  Date:09/11/2023

  Type:Order Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On 06/02/23 I received a pre-approval letter from Lake ********************* for a construction loan. On or around 06/29/23 we entered into a contract with Sposen Homes to build a new home on our ******* sent a $1,000.00 escrow deposit via wire transfer to the builder. * 07/11/23 via text message, I asked the salesman, ************************* if for some reason the loan did not get final approval, would I get my deposit back. * 07/12/23 at 11:50am he replied via text that I would get all but 1 to 2% back. * At 6:18pm on 07/12/23 via text message, I let Dayron at Sposen Homes know that *************************** at Lake ********************* advised underwriting would not give final approval due to the debt to income being too high. He advised he work on the cancellation form. I checked with Rocket Mortgage to see if they offered construction loans and they do not. Sposen then asked me try to another lender, **************** which I did.07/27/23, ********************* at *************** advised even after adding in my mom's income, they could not proceed as the debt to income was still too high per the guidelines. I immediately advised Dayron at Sposen homes on 07/27/23 & he said he would work on the release.As of today, 09/08/23, I do not have my deposit back or the release form after following up on 08/07/23, 08/14/23, 08/22/23, & 08/24/23. Sposen is telling me they cannot refund my deposit because they used it to start title work and permitting. On 08/14/23 I advised ****** that I confirmed with ***** in Lee County ******* *************** that no permit applications were applied for. I was told to contact a **** at ************ about this.I called **** w/Sposen and left a message on 08/16 & 08/23/23 & haven't gotten a response.

  Business Response

  Date: 09/13/2023

  When you entered into a contract with Sposen Homes to build your new home, we embarked on various tasks to initiate the home-building process in accordance with the contract's terms and the understanding we had with you. These tasks included ordering a boundary survey, site plan, architectural drawings, admin time and more. We did so in a timely manner, as stipulated in the contract, where "time is of the essence."
  These actions incurred hard costs, which were necessary to fulfill our obligations under the contract, hence the acknowledgement in the contract for Sposen to retain a percentage of the agreed above total contract price. (see attached document) As outlined in your complaint, you were aware and acknowledged that a deposit of 1-2% of the total contract amount would be retained should financing not be obtained. It is important to note that the total amount due from you is $7,048.25 (2% of the contract total of $352,412.50) while we accepted a deposit of only $1,000 with the remaining balance to be paid in ***** business days.Which was not received and Sposen worked in good faith that you would be depositing the remaining balance as agreed upon.
  Regarding your inquiry on 07/11/23 about a potential refund if your loan did not receive final approval,you received a response on 07/12/23 confirming that you would receive all but 1-2% of your deposit back. Again, we are only retaining the $1,000 deposit. Subsequently,when you informed us on 07/27/23 that your loan application was unsuccessful due to debt-to-income issues, we initiated the cancellation process.
  We apologize you did not receive a quick response regarding your inquiry with ****, as she was on vacation and then tried to reach you after but was not able to contact you. We acknowledge that we did not submit a permit to the City of Lee County as the documents listed above were in the works when you informed us you were unable to secure financing. All the documents and more are required to submit a permit. We never reached this stage.
  This complaint has no merit and Sposen has been more than fair in only retaining the escrow deposit of $1,000 when 2% of the total contract price was agreed upon in the agreement and acknowledged in this complaint. We request this complaint to be removed immediately and the personal phone number of an employee named in this manner to be removed. 

  Customer Answer

  Date: 09/15/2023

   
  Complaint: 20576798
  
  I am rejecting this response because:

  1. 1 to 2% of $7,048.25 = $140.97  (7048.25 x 0.02)

  2. When it was agreed to accept the $1,000 initial escrow deposit, it was because I could not get the rest of the deposit until I had a loan disclosure from the bank showing the estimated closing date and funds needed to close since I was going to pull the deposit from my 401k, but, unfortunately I couldnt obtain that disclosure due to a mistake made by the credit union that is one of your preferred lenders. 

  Sincerely,
  
  *************************

  Business Response

  Date: 09/21/2023

  BBB- Client signed agreement for $1,000 to remain with builder which was executed today 9/21/23, along with a non-disparagement. This complaint is to be marked reconciled and removed per clients and Sposen request. If further action is required to remove this, please inform on steps needed. Thank you.

  Customer Answer

  Date: 09/22/2023

   
  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.

  I signed the release on 09/21/23 so we can all move on, we can agree to disagree due to not being able to secure a construction loan due to an data entry error/mistake made by ***** at Lake ********************* on my debt to income ratio after I was issued a pre-approval letter from the bank,  
  Sincerely,
  
  *************************