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I am rejecting this response because: I am not sure whether they are paying attention to what I mentioned in my emails or ignoring it and just repeating the same irrespective of my detailed explanationAnyway, that solution is not at all acceptableAs a good will, I am willing to split the cost 50% and can accept $or $as reimbursement amount.if they want stand firm with their initial offer then I will reject againI will not take anything less than $i spent lot of my time dealing with this issue so $is no way near what I experienced
Regards,
*** *

The buyer was represented by her own realtor for this transaction. Therefore, the majority of the communication between the MI New Home Consultant(NHC) and buyer was through this realtor. At no time during the process was it communicated to the NHC or MI
Financial(MIF) that this customer was unhappy and didn’t want to move forward with the purchase of the home. MIF's policy is to re-run credit within days of closing and since she was still on contract and had an active loan application on file, that updated credit check was processed. This is not something that is approved each time credit is pulled because MIF obtains that approval upfront in the loan process. MIF first became aware there was a problem with the transaction when they re-ran the credit and saw the customer had already purchased and closed on another home with a competitor in the community although she was still on contract for our home. Once we contacted the buyer and her realtor, we were told the reason she went to another builder was our home was not going to be completed before the end of February and she needed to move sooner as well as a $20K reduction in final price. This is considered buyers remorse and per the terms of the purchase agreement, signed by the customer, we do not refund the earnest money

[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: Parts were received. Supposed to get times/dates for installation and paint of the garage door on Monday the 11th but have not heard back. Followed up today with Jerry B*** and Joe L*** via email this morning and waiting to hear back as of

I met with Joel from
MI on 4/He went over my list of concerns with our homeHe said he would go over these at his office and get back with meThat is the last I heard from himI have tried to call and text him and I also emailed his assistantI have not received any responseI would like for him or someone with MI to call me and arrange to fix the items which Greg and others at MI promised to fix in the past before they stopped responding to me. Thank you,***

M/I Homes has scheduled all repairs, as agreed in our letter dated 5/2/17, for Tuesday, July 11, 2017, Mr*** has been contacted and agreed to this date. The goal is to complete all agreed to repairs on this date. Thanks

After
investigating the water leak M/I Homes is working with Mr*** to repair the
leak and damage. At this time we are awaiting flooring material and will
schedule the repair once all material is on site. Mr*** is aware of
this and has agreed to the repair

The homeowner’s young daughter flooded the upstairs bathroom by
plugging the sink and allowing the water to run unattended for an undetermined
period of timeThis is not covered under warrantyThe overflow is meant to
remove standing water that goes over that overflow height not running
waterWe
met with the homeowner and have decided to help him with a few items
Thank you

Please see attach letter with responseThanks Ricky O*** *** *** I am also posting the contents of this letter April 3, Dear Sirs, I would like to respond to the complaints of the homeowner, but before I begin, I want to reiterate our position with respect to this home and the HVAC system design and equipment sizingAs a licensed contractor in the state of North Carolina we are required to follow the rules and regulations set forth by the North Carolina State Board of Examiners of Plumbing, Heating and Fire Sprinkler ContractorsMuch of what is stated by the homeowner below is correct, and we have spent a large amount of time working with this customer to meet their demands; but there are some issues with this home that must be addressed before we can go furtherThe excerpt from the code provided by the *** Building Inspector is correct...as a responsible, licensed HVAC contractor in North Carolina, we must design and install a heating and air conditioning system that is capable of maintaining a maximum temperature difference of degrees room-to-room and floor-to-floorWe must also perform a thorough room-by-room load calculation for all new residential structures prior to installing any system in the home, and we must keep this load calculation on record for a period of years or moreI will take this one step further and quote the current NC Mechanical Code - Section which states: For one- and two-family dwellings and townhouses, heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J, or other approved heating and cooling calculation methodologiesThis is the portion of the code that defines what method contractors must use to perform the load calculation (we use Manual J, 8th edition) and how we can match a given HVAC system's capacities to a properly performed load calculation (Manual S)We use these two standards daily and are very familiar with them and their application to Residential New Construction HVAC system design and installationWhen we are originally contacted by a builder to install a heating and cooling system in a home, the first thing we do is ask for a set of plans for the homeWe take those plans and redraw the home in our load calculation software so we can begin the process of Manual JEvery home is different and different builders use different products, so the software allows us to be as specific as we can be based on the information we are given from the builderSome of this information is easy to see - the length of the walls, the size of the windows, the orientation of the home; and some of the information must be provided by the builder or pulled from the plans - the R-value of insulation in specific spaces, the u-value of the window glass, etcBut we have done many of these load calculations over the years and have become very familiar with the process and what needs to be entered into the software to accurately calculate the load.*** * *** *** *** *** ** *** ###-###-#### ###-###-####faxThe software can be extremely specific when it comes to the interior of the home, internal loads, and the future occupants; but we generally don’t know anything about the home buyer, and must use a set of assumptions within Manual J to complete the loadThese protocols are defined in Section of Manual J 8th Edition, and I believe one of them is specific to this home and the complaints from the homeownerUnder the Mandatory Requirements section on page 9, one of the bullets directs us to: Take credit for internal shade (the default is medium color blind with slats at degrees, or use the actual device- this applies to all vertical glass - this does not apply to purpose built daylight windows) This bullet is referring to internal shading on windows, such blinds or curtainsThe purpose of this statement is simple, everyone knows what happens when we leave the blinds open on a sunny dayHeat in the form of sunlight and radiant heat enters the home through the glass and helps heat the immediate spaceWhen we are performing a load calculation for a new home, we generally have no idea what kind of window treatments or shades the eventual homeowner will install...and those can change over the years, as well as from homeowner to homeowner as the house is soldFor these reason, we must use an acceptable estimate for the internal shadingExterior windows have one of the largest impacts on a residential load calculationTheir size, the amount, and the location of the windows can all influence the load calculation; and we are very careful to accurately represent them in our loadsAs I look at the issues that have been presented by this homeowner, there is one recurring problem - the front bedrooms are too hotWe moved the thermostat into the master bedroom on the back of the home based on a request from the homeowner to have more direct control over the temperature in that roomWe have changed the balance of airflow from room to room based on the desire of the homeowner, so it no longer matches the cfm requirements of each room per the load calcBut the front bedrooms are still too hotIt is my belief that these issues are directly associated to the absence of blinds on these windowsI know that our load calculation is as accurate as the information we were provided, and the HVAC system was selected based on the requirements of Manual SI know that our duct installation is sound and that we can meet the cfm requirements of the room-by-room load calculation, therefore something beyond our control is causing these rooms to gain heatAs a homeowner, I also understand the frustration you feel when something is not functioning well in your new home; and I don’t want this homeowner thinking they are on their ownWe are committed to doing what we can to provide them with a balanced HVAC system, and will return to the home to re-balance the airflow back to the load calculationAt that time, we can also install new thermostats that can track the temperature in multiple areas throughout the home and bring the system on to handle many of these temperature differencesSincerely, *** *** *** *** *** *** *** ***

MI Homes recognizes the *** continued concern with the flooring. Our installer, *** Flooring has engaged the flooring manufacturer, *** Floors. We are waiting for *** to provide available times for an on-site inspection of their product.
We will facilitate this inspection as soon as possible. Thanks

I looked at business response and here are some comments I want to respond***, our HVAC contractor, has no service call records since occupancyThey don't have record because we did not contact them because we assured it's common to get some water in the panSo as years passed by it stopped blowing cooling air then we contacted independent contractors (of them to make sure what they saying is correct) It is reasonable to assume our Production Department responded and repaired the water source leak at the loft utility closet at time of occupancy. MI homes fixed water leakage from pan but NOT actual cause because they said it's common to get water in pan from HVAC, which is not correct but we believed as we don't have much exp with HVAC systems beforeMay I now provide you with MI’s position response dated June 7, 2016MI initially said to go ahead and finish the fix and they will review and reimburseThey did not mention about NOT REIMBURSING labor costIf they said that then we would have went with temporary fix which may last one more year and we would have repaired next year after adjusting our budget for next yearNow we struck with almost $(NOTE: also the reason u see numbers fluctuated is because I round up amounts)4.He allegedly paid the unknown company somewhere between $230-We are unsure because his pricing reports fluctuate between emails and no receipt has been submittedI clearly mentioned I lost that bill in the communication to MI homesReason it fluctuates is because sometime I round the value to nearest whenever I think it does not matter.I submitted receipts for other services $and $1200. $as compensation reimbursement as you see total cost we paid is more than $so $is no way near to what they are offeringIt's really helpful if they stand by their quality and reimburse at least $then I think it's reasonable.Thanks,***

Once M/I Homes recives a signe mutual relase from Mr *** a refund check will be issued

MI Homes has a meeting scheduled today, 12/4/17, with the homeowner at 1pm to discuss concerns and to create a plan of action for the open warranty items

MI Homes has scheduled additional inspections with the homeowner and will continue to work with the homeowner until we get to a conclusion

I signed a contract, a cash deal to sell our existing home and buy a new one from M/I Homes, on 4/7/Per the “Addendum to Agreement Cash Closing”, we were to provide to M/I Homes within five business days following the effective date financial statements or other written verification of our financial ability to purchase the propertyWe provided our signed sale contract for *** *** *** *** ** *** as written verification of our financial ability to purchase the property as cash equivalentsM/I Homes accepted this as satisfactoryAdrian F* informed us that we would not need to sign a separate contingency addendum to dissolve the contract and receive our deposit back in the case that we could not sell our existing home to fund the purchase of the new homeHe stated that M/I Homes would act in good faith to return our deposit if we were not able to buyM/I Homes never requested from us any other proof of ability to purchase, as they never expected us to have another avenue to purchase (i.ea mortgage or cash on hand) and it was unreasonable for them to expect us to find another avenue after the fact. Based on this documentation, M/I Home sales consultant Adrian F* accepted the agreement and neither terminated the purchase contract nor returned our depositWe did not provide any other statement showing proof of funds to purchase M/I Homes started building the home, we went to a color/design session on June 12, and give other deposit of $to MI home On the purchase contract, page of 5, #Financial Contingency stated N/A (not applicable) because we weren’t obtaining a mortgage loan from any institution to purchase this home On “Addendum to Agreement, Agency disclosure and commission agreement” Broker/Agent is listed our agent *** *** wasn’t present when we signed, he had another client that daySo, we presented his business card with our signed *** ** contract per verbal conversation with Adrian F* on April 4, when I signed the “Homesite Reservation Agreement” and gave $1,deposit to hold site/lot *** *** modelThen on April 6th, 2015, I contracted my real estate agent, *** ***, to sell our existing home at *** *** ***. On page of of the M/I Homes Disclosure statement, escrow we can see that the 10% down payment was waived because we signed the contract early within first days of M/I Homes opening this new community, and we explained that we don’t have such cash on handThey agreed on an initial deposit of $per purchase contract page of I paid by check #on 4/7/and at color selections $was paid by check #toward the total contract price of $325,718.00 We had tried our very bestWe listed *** ** with *** *** ***/*** *** listing #*** and after two months we realized that was a mistakeOn June 5, 2015, we paid him $for an unconditional termination agreementAnd, we signed a sale contract again with *** *** on June 25, and provided this documentation to M/I Homes/Adrian F* (per MLS listed on public record on July 6, for $325,000.00)As the M/I Homes project grew closer to completion, we dropped our listing price four times to $300,because we were committed and wanted to sell the home and made every effort possible to purchase this home from M/me We had a signed contract on *** *** ** on August 19, and August 21, between *** * *** and ***/*** *** for $313,to close on November 15, or beforeHowever, I had signed an “Addendum Kick Out Clause” on September 17, in the event buyer property did not sell, my property will remain in “Active Status” listingThen came the sad news on October 18, from my buyer *** * *** requesting release and cancellation of contract that we signed on October 23, for sale of *** *** ***On Monday, October 26, 2015, I went to visit Adrian F* and advise/show him the cancellation of contractThen the issue began with M/I HomesI spoke to the manager Brian S*** several times begging him to give me some more time, explaining that I had dropped my home selling price againHe agreed to grant an extension until November 30, However, I believe M/I Homes had already re-signed contract with another buyer to sell home by 11/30/M/I Homes stopped taking my phone calls and never sent any termination of agreement for us to sign We had a cash buy by December to purchase *** *** but Adrian F* said it was too lateI spoke to Adrian F* again several times to refund our earnest depositI explained them why it is not our fault that we were not able to purchase the home on *** *** ***, that M/I Homes knew that the purchase was contingent on *** *** *** being sold, and that we are entitled to return of our deposit since they had not had been left on the hook without a buyerThey had already lined up another by that point. Recently, on April 3, I contacted Adrian F* again because it’s time to file my IRS tax return and I requested a copy of the signed “Termination of Agreement”They claimed they sent it to us twice by emailI have searched our email and not found, nor do I have this as record that we ever signed such agreementM/I Homes never sent the agreement by mail eitherOn April 12, 2017, he sent me a copy to sign and the cancellation reason: Personal/otherM/I Homes is very much at faultAfter October 31, M/I Homes wanted no communication with usPlease ask M/I Homes to provide proof of when they re-signed a contract to sell *** *** *** ***, *** ** ***This will show evidence that they did not give us any extended timeSee attached documentation as evidence to support facts Best Regards, *** * ***

I am rejecting this response because:M/I has replaced siding of the homes directly across the street and behind my own (directly east and west of my home), as well as windows of the homes beside of themThe issue is larger than simply pursuing replacement of siding on my home and is part of a bigger, known issue that M/I has addressed with other homeowners in my neighborhoodThis issue extends to my neighbor's home and the windows chosen by M/I in the construction of their home causing the damage to my homeIf I simply replace my siding, without the replacement of the neighbor's windows, the issue will repeat itself, as it did before M/I replaced both the windows and siding on other homes in my neighborhood who have the same issue with their constructionMy insurance covers my physical home only, and therefore is not a viable option to resolve this issueMy question is, if M/I feels that this is not due to their choice of building materials, why were the homes of others in my neighborhood fixed by M/I for the same exact issue? I know that those owners had to fight to get a result, but the actions of M/I in those situations clearly shows that it is related to the construction and materials used in their homes in this neighborhood
Regards,
*** ***

M/I Homes position remains the same as previously stated in
our response on January 15, (see Below). In addition to the reasons
stated the warranty manual provided to Mr*** at the time of closing states
under exclusions from warranty page item Personal expenses or
personal property that is damaged or destroyed and is further stated on the
Limited Warranty paragraph item iAny other item specifically excluded from
protection in the Home Warranty Manual. M/I Homes respectfully declines
Mr*** request for reimbursement for his home repairs
M/I Homes response on January 15,
On May 5, Customer Care Supervisor Brian K*** met with
Mr*** at his home to address his concerns with the trim on his fireplace
chimney tower. At this meeting the damage was photo documented and
Mr*** was advised that this did not fall under his structural
warranty. We verified that the Hardie Board on the front and garage return
of his home was installed per contract. At the time Mr*** home was
built Tyvek was used to wrap the home however garages and fireplaces were not
included. On December 23, Mr*** contacted M/I Homes requesting
that we reimburse him for work just completed on his chimney tower. His
request was denied. The Limited Structural Warranty that remains in
effect paragraph item C excludes coverage for damage due to ordinary wear and
tear, abusive use, or lack of proper repair or maintenance of your home and item
F work done by you or anyone other than M/I Homes, its employees,
subcontractors or agents. M/I Homes decision remains the same and
respectfully declines Mr*** request for reimbursement for repairs

M/I Homes is actively working with the homeowner to resolve any and all concerns. Thanks

We are not the original owner and the house is only to years old. We do not have access to the Home Warranty paperwork that may or may not have been supplied to the original owners. We brought in a contractor to clean the line and he found the reason what it was clogged. Since we do not have the Home Warranty Paperwork we could not read it to find out we had to contact M/I Homes first. By the photos this is clearly a manufacturer caused problem and should be paid by the manufacturer. The Dryer Vent was bricked over during the build

This home closed 2/22/2013. As it is now over years old, this is not a warrantable item. At the time of closing the correct vents were installed. Those vents met industry standards, passed all municipal inspections and met all applicable building codes. As is common in
most industries, products do change over time and we are using a different kind of vent today. We regret that Mr*** does not agree, yet this is a homeowner maintenance responsibility

This is in response to Mr***’s complaint that M/I Homes, Charlotte LLC, created a bait and switch situation regarding the installation of the sod in his yard I have had the opportunity to have a conversation with Mr*** to discuss his concerns and we have reached an agreement
to provide a Winter/Spring pre-emergent program to ensure the ***’s sod receives the appropriate nutrients throughout the upcoming dormant season. Respectfully, Alan B*** VP of Operations-Sales and Marketing

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