T.H. Properties Inc.

see attached

We understand the concerns of *** *** and agree that he has a legitimate complaint regarding the payment of additional tax fees. The issue is a bit complicated involving an outside title company, the date of deed recording with the county, timing of tax assessment and billing, etc.
We have been aware of this situation for some time and have been working with the tax collector and school district to resolve this situation. However w/ all the entities and governing authorities involved, this process is taking quite a bit longer than anyone would like. We do anticipate that this issue will be resolved within the next days

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed as Answered]
Complaint: ***
I am rejecting this response because:The company says they repaired the items from the year warranty list However, immediately following the repair the damage became worse and they came back out to fix Now it has even become further damaged and they do not want to do anything about it They were made aware of this problem The repairs they made further damaged the ceilings and they tried to rectify by coming back out which only again made things worse I will put it this way, say I purchase a vehicle which has a 3year 36,bumper to mumbler warranty Right before the warranty expires I bring my vehicle in for an oil leak The company "fixes" the issue and I pick my vehicle up On the way home I surpass the 36,miles but the original oil leak comes back and also is worse The dealership would honor the warranty as this was a known issue I made contact immediately and advised of the situation This is not new "nail pops" This is what THP "fixed" these areas with I have photos of all damage, not only was the problem not fixed, but they made the problems worse and I have golfball size lumps pushing through the ceiling and a crack on a valted ceiling I hade to pay extra for These are all documented issues THP came to fix but never fixed I was within my warranty period when these issues were brought up to THP They never corrected Another thing if THP is saying ceilings falling down is "normal" this is something the general public needs to know about I don't know of any house builder who would say this damage is "normal" The area between the two homes is their responsibility For one THP placed the sump pump exit from the neighbors house where it is So saying this is problem is directly because of this, is saying it is their fault because they placed the outlet where it is currently nothing has been altered nor moved Also after the last "repair" was done it rained the next day The "repair" failed but myself as well as the neighbor was assured that we only needed to "let grass grow in" for the repair to be finalized We were assured that if it did not work they would be back out to correct We had to wait in good faith for grass to grow in, now that it has and it still is not functioning properly they are trying to remove themselves from the issue This needs to be resolved as promised Not accepting their response, it is an obvious attempt to get out of things that are their responsibility
Regards,
*** ***

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because: not only were the signs still up we received a packet containing information that day about the free finished basementSunday, the day after we originally met the signs were still thereWe spoke with the realtors about this and they said they thought because the signs were still there it could be honoredThe above response still also does not address the issues with the paint or the breakfast wall meeting the living room.
Regards,
*** ***

We have looked into the details of the disputed tax fee, and found that the primary reason for this extra amount was due to a delay in recording the deed for the property. We have spoken with the title company and they have agreed to reimburse *** *** for the disputed amount

[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 as Answered]
 Complaint: [redacted]
I am rejecting this response because: I am now being told that I have to reach out to the title company that handle my transaction. Being as this was not at all my problem, I feel as though THP should have to reach out to title and continue to resolve this issue. 
Regards,
[redacted]

Mr. [redacted] purchased his home from our company on August 21, 2015 with a one-year homeowner warranty.  There appears to some misunderstanding in what was communicated to the homeowner on the two concerns that have been raised, but this does not alter the substance of our response to these...

issues.       Gypsum wallboard repairs are very common in new construction due to the natural shrinkage and settling of new lumber.  Nail pops, cracking of joints, some loosening of tape, etc. are normal and expected repairs in a new home.  We construct primarily w/ kiln dried lumber to reduce the amount of movement and repairs, but there is still substantial drying that occurs after the home is fully closed up due to residual moisture in the wood and precipitation during the construction process.  In addition, there is the seasonal vertical movement from the roof trusses, which move up in the winter and then down again in the warm summer months.  This is normal and will occur throughout the life of the home in the northeastern climate.  TH Properties did perform the warranted gypsum repairs and returned to readdress some of the areas.  According to the homeowner’s signed warranty, section 7.1b on page 11, “Builder shall correct such defects to acceptable tolerance one time during the 1-year inspection for the original buyer. . . Builder reserves the right to make final judgment on all gypsum wallboard problems.”  Since the home is now this far beyond the warranty period, we determine that additional cosmetic repairs of this nature would be the responsibility of the homeowner.   The second concern is the shared swale which runs along the property line between Mr. [redacted] and the neighboring property.  TH Properties initially attempted to address the homeowner’s concern w/ some minor repairs to help the water flow.  As that did not resolve the issue to homeowner satisfaction, we brought in a backhoe to reset the water flow line of the swale.  This was done and checked w/ a laser level during the job.  In addition, a string line was used to confirm the proper flow all along the bottom.  If there was a legitimate problem previously, we know that the swale is sloped correctly at present.  The current wetness concern is definitely caused by the neighbor’s sump pump which adds significant water to the swale on a regular basis.  This was very evident at the time we brought in equipment to re-address the swale, and continues to be the main source of the present concern.  If water is daily added to a lawn by any means such as rainfall, sump pipe, etc., it never gets a chance to dry out.  This is especially true in a swale which is designed to collect water.  We had recommended that the neighbor run his sump line to a different location, but that has not been done.  Per the signed warranty in section 1.4, page 8, “Surface wetness due to an active sump pump is not the responsibility of the builder.”  In addition to being well beyond the warranty period, we are not responsible for active sump pumps as noted in our warranty document.   We strongly desire our homeowners to be satisfied w/ their purchase and many times go beyond our required responsibilities to achieve this outcome.  However, in this instance, we will be holding to our stated position above based on the work previously completed, the expiration of the one-year warranty period, and the specific wording within the warranty dealing w/ these concerns.     Tell us why here...

July 10, 2015To Whom It May Concern:I would like to respond to this complaint filed back in February of this year. We would have submitted our response at that time, but unfortunately electronic correspondence had been sent to an employee no longer with our company; thus it went...

unnoticed. We are sympathetic with any feelings of neglect to this concern, but please be assured that was not our intent.The complaint regarding the HVAC system was determined to be a slow leak at a joint in the condensate line from the air conditioning system. This resulted in the water damage described in the complaint. The property closed on January 20, 2012, and our company was first made aware of the situation by a phone call to Mr. S[redacted] on June 24, 2013. We sold the property with a one year warranty on non-structural items such as this and evaluate other concerns on a case-by-case basis. Based on the extensive nature of the damage combined with the fact that the home was substantially beyond the warranty period, we recommended that the owners contact their homeowner’s insurance for resolution.We understand the damage that water can cause, especially when untreated for longer periods of time as happened in this case. Based on our assessment of the situation, we feel we made the correct and proper judgment in our recommended course of action to the owners. That is still our position today. Thank you for giving us this opportunity to respond.Sincerely,Dale R

We contacted [redacted] and were able inspect both her home and the neighbor’s home regarding the two concerns.  The AC noise was resolved on this visit as our technician was able to address the source of the problem.  As far as the neighbor’s ceiling fan; this fixture is not something...

that TH Properties installed.  Our technician spoke to the neighbor and recommended a rubber mounting above the fan to reduce some of the vibration noise.  As the fixture was installed by the neighbor and is their property, we are limited in addressing the issue further other than offer advice friendly to both parties.   TH Properties was previously unaware of these concerns as the homeowner was not familiar w/ the communication process in our company.  Our system was explained and we will be able to address future issues directly w/ [redacted]. Tell us why here...

We regret that the buyer is still unsettled about these items.  In response, the first promotional sign the buyer would have seen about the finished basement was along the roadside.  It has this wording “On select models and home sites.  See Sales Associate for details.”  The buyers then made inquiry w/ our Sales Associate informed that the promo was no longer valid. Thus there were no select models or home sites available any longer.  The packet the buyer received contains this wording, “Free finished basement incentive is available for a limited time only.  See sales agent for details.  Not responsible for errors or omissions.  Pricing and promotions subject to change without notice.”  This wording is quite clear; nothing more needs to be said. Regarding the second concern w/ the paint, we understand there was a misunderstanding w/ our response to their question.  However, we responded correctly and truthfully to the question that was asked.  In answer to whether we paint our walls, our answer is still “yes.”  We cannot be responsible for an assumption made in an inquirer’s mind with such a general question.  We had no idea that the buyer was thinking of colored walls, nor was this the way the question was given to us.  This is simply a mater of an assumption made from a very general and vague question and we can only respond to what is asked, not what is assumed. As to the location of the kitchen wall on their third issue, our answer remains the same.  We physically and correctly showed the buyer where the standard house wall would end without the morning room option.  This is an option as many other things in the sample home.  Apparently there was some misunderstanding from what we said, but as in all communication, issues are resolved by further conversation or clarification if needed.  This was done the following day as they continued to pursue this possibility.  In any case, these last two concerns are strictly what one person said vs. what another said, and we stand firmly by what we communicated. We have been in additional communication this past week w/ the buyers trying to resolve these matters, but at this point it appears obvious that an agreeable solution will not be possible.  That being the case we will return the buyers’ full deposit.  Their check has been mailed to them today.

We understand the homeowner’s frustration with the length of
time involved in getting this transfer tax assessment resolved.  The entire legal process and the negotiation back
and forth with the Commonwealth
of Pennsylvania have
taken significantly longer than we anticipated. 
We had communicated updates to all the affected homeowners
in the community from our legal team on March 20, 2014 and then on September 19,
2014; please see the attached letters.  I
highlighted the sentence in the second letter which stated TH Properties
commitment “to ensure there will be no additional monies out of pocket to you
as the homeowner.”  It would appear from
the email attachment that the owner did receive this second notification from
our company representative, Mr. L[redacted] at that time. 
The matter is still open on our end, but as we intended to
state in our letter from September 19, 2014, it is our commitment to assume the
full responsibility for any transfer tax assessed to these affected
homeowners.  There will be no
out-of-pocket expenses to them.  We trust
this clarifies any misunderstanding or vagueness in previous communication.  The matter is still current, but we are
committed to be the responsible party in terms of any payment assessed.  Processes such as these can drag out longer
than desired, and we will continue to work towards final resolution as quickly
as possible. 
From our perspective, we consider any future payment assessed to be an
outstanding item for resolution for TH Properties, not the owner’s.  Thank you for your understanding.  
Sincerely,
Dale R[redacted]

[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: [redacted]
I am rejecting this response because:  The matter remains open.  Once the tax is paid, I will believe what THP says.  None of the homeowners have ever received this letter until now.  Not once have they said they would assume the tax in writing as they stated in their response.  Communication to homeowners was vague in regards to tax payment.  Once this tax is paid, I will accept this as resolved.
Regards,
[redacted]

We understand that during a home buying process there are many items and options to review and that misunderstandings can occur.  In this case, the buyers along w/ their realtor came to our model home in Harleysville, PA on Saturday, 5/21/16 and met w/ Denise, the sales associate.  ...

The buyers inquired about the free finished basement promotion and it was explained to them that the promotion had expired on 5/15/16.  The free finished basement is a promotion which we offer from time to time at some of our communities for a limited time, but unfortunately that time frame was over at this community.  When offered, the finished basement promotion is always subject to limitation on select models and home sites and the buyer is instructed to see the sales associate for details.  This information in varying ways was relayed on all our advertising.  (Please see the three attachments w/ the advertised wording of what the buyers saw.  The 1st is the directional sign along the road.  The 2nd is the sign in the sales model and the 3rd is the pricing sheet the buyers received.  All 3 promotional materials clearly show that the promotion is limited and that an interested buyer must see the associate for details.)  The buyers did in fact ask the sales associate about this promotion and it was explained that the promotion had expired the previous weekend. The buyers also asked our sales associate if we painted the walls in our homes.  Painted walls have always been a standard part of our finished home price, and the answer from the sales associate was a simple “yes.”  The buyers were visiting our model home where custom paint colors were used, but the question of colored walls or the color of our walls was not asked.  Our sales associate was simply asked if we painted our walls and we responded correctly to the question, not realizing the assumption that was being made in the buyers mind.  We understand the assumption, but we were trying to respond truthfully to the question that was asked without knowing what the other party was thinking.  We would have freely explained the custom paint color if the question would have been more specific. The third concern relayed by the buyer is in regard to the size of the kitchen with the location of the rear wall.  The model home they were visiting had the extra morning room area added behind the kitchen and breakfast area as an option.  It was specifically relayed to the buyer that this room was an option.  The location of the rear wall without the option was also physically shown by our sales associate to the buyers at that time.  The standard house plans in the brochures and displayed on the wall of the sales office adjoining the kitchen clearly show this as well.  The model home they were in has many options and upgrades for sales purposes only, and the future buyer of this specific house will see this reflected in the sales price as additional costs to the base amount. On the following day, Sunday, 5/22/16, the interested buyers visited the model home again and met w/ another sales associate named Jeff who clarified these questions for the buyers.  We understand the misunderstandings here and have been in continuing communication w/ them to resolve these matters.  However we feel the wording in our printed materials is clear and we stand behind the responses given by our sales associates to the questions asked.

July 10, 2015To Whom It May Concern:I would like to respond to this complaint filed back in July of 2014. We would have submitted our response at that time, but  unfortunately electronic correspondence had been sent to an employee no longer with our company; thus it went...

unnoticed. We are sympathetic with any feelings of neglect to this concern, but please be assured that was not our intent.The complaint is in regards to payment of the transfer tax assessed by the state of Pennsylvania. Due to our successful reorganization under the Chapter 11 Bankruptcy Code in January of 2012, it was our position that the transfer taxes were exempt from assessment under federal bankruptcy law. As such we disputed the Commonwealth’s position in their attempt to collect those taxes and expected to have resolution to this matter last year. However, the process has obviously taken much longer than anticipated, and we are currently in the appeal process and waiting to hear further.
With this as a background and in the event of a determination that would require payment, it is our commitment to pay any transfer tax assessed. Our company will assume full responsibility for any assessment once the current appeal process is resolved.
We have communicated this to the owner and will hold to our commitment in the matter.Thank you for the opportunity to respond.
Sincerely,
Dale R