A Swollen Thumb Contracting

We have been working with Cherri L[redacted] with the Revdex.com (see email below), please contact her to get the up to date info regarding this complaint.  We have supplied her with a copy of the "unsigned" contract and the response from the ROC.  Please let me know if you need any thing else.  Thanks
 
Denise S[redacted] A Swollen Thumb Contracting
[redacted]

The [redacted]’s had contacted me while I was completing a home on Chaparral Dr in Cordes Lakes, AZ .    They had indicated that they had checked me out and they liked the style of the home that I was currently finishing up on Chaparral Dr. but...

they wanted to make a few changes to the home. They asked me if I had any additional properties available to purchase with the intent to build the same model but expand it and make a few changes.  They also indicated to me that the time factor to complete the home was very important.   I showed the [redacted]’s a handful of lots and then discovered sloping grounds was not something they were interested in due to Mr. [redacted]’s physical ability to deal with slopes and steps.  Keeping the two things in mind, that time was a factor and the grade of the property with no stairs, everything was to be on one level.  With those things in mind I showed them lot# [redacted], we also owned lots [redacted].  We had already contracted out and had the results for the soils analysis on lot [redacted] and I had told the [redacted]’s that this process saved some time.  All 4 of these lots run continuous on Fremont Dr.  A large percentage of this property is flat, they loved the view and told me to give them a price for 2 lots and a price for all 4 lots together.  They told me they wanted all 4 lots and we were to get started on making the corrections to the plans of the home they viewed on Chaparral Dr. I then took the [redacted]’s to my draftsman to make the corrections to my plans that they had indicated.  This is the only time that the customer deals directly with another business person in this whole process.  The reason for this is because I don’t have a complete set of prints to bind them contractually at this time.  They made an arrangement and paid a $500 upfront fee with the draftsman.  I told them I could not give them an exact number on the price of the home until the plans were complete or very close to being completed.  At this time I told the [redacted]’s that if they liked the property that I had shown them that they need to get it in their name before anyone builds a house for them on this property.    It was in their best interest to own the property out right before construction begins.  At this time the [redacted]’s agreed and said they wanted to open escrow on the land.  During our first meeting with the draftsman I called Pioneer Title and scheduled a meeting with the escrow officer.  During this meeting the [redacted]’s were told they could get this process rolling but should not close on the property until they were comfortable with their decision and we had a final contract for the home.  Over the next approx. 30 days working back and forth with the draftsman the prints became to very close to being completed and a price for the home was agreed to.  A rough draft of the home contract was drawn up and given to the [redacted]’s.  The upfront fee to get this process started was $16,000 and I explained to them at this time, like I had in previous conversations that the upfront fee included Yavapai County’s permit fees, the septic system installation fees and the brushing of the 4 lots.  At no time did we say that we would perform any of those jobs before the land closed escrow.  This was part of the home building process.  As for the surveying, I had verbally told the [redacted]’s that the pins would be located during entire process.  At no time did we contractually write or verbally say that these items were included in the price of the land. In addition, we were told multiple times that time was very important that they would love to be in the home by Dec. 2016.  I explained to the [redacted]’s that the process for getting a set of blueprints done takes 6-10 weeks during these current market conditions.  Our draftsman worked extremely hard at getting these done in approximately 30 days.  The time factor and urgency for me to complete this process was even discussed on a phone call where Mrs. [redacted] became emotional and indicated that Christmas was a high priority for her to be in her home.   We feel that we have done everything for the [redacted]’s.  The draftsman was pushed so hard in such a tight time frame that some evenings his wife would answer the phone and state that he is not working tonight.  I discussed numerous times that we needed to slow down this process and take the time to make sure that we get everything right.  After they were given a rough draft for the contract they indicated to me that they wanted me to waive the upfront fee and put those costs into the remaining draws due to the fact that they had just purchased the property and they needed to come up with the funds.  I verbally agreed to this request.  Within the next few days Mrs. [redacted] indicated to me that they would not be able to proceed forward, that funding the project was an issue.  We do not understand why this was such an urgent project and then all of a sudden they were financially unprepared for the next step.  
This is a small town that we have lived in for many years.  We have already heard a couple of comments about their project.  
The [redacted]’s decision to not proceed with this contract is theirs, we have no signed contract with the [redacted]’s and we wish them the best of luck with their future endevors.

PLEASE SEE ATTACHMENTS

I have answered there letter to the best I can. My biggest concerned is how many others will get taken as we have and from people living in this small town there have been many others, until someone like yourself or AROC take a harder look and not rate Mr. S[redacted] so high. He may not be a half way good contractor but many know he stretches the truth beyond. His dealings he makes even ones at the Yavapai County know are not to be proud of. We found no one to back his story of being an honest business man up. We only heard more stories of why we're better off without him building for us. We were paying him for a well and according to the Water Department he was putting a meter in [which we would have to pay for] which there would be exact costs. He never told us this. I could go on forever on things we've found out. I know you have a high rating on him but sometimes the truth does get out.

Thank you