Cape Motors Inc.

This complaint / request by the prospective purchaser was resolved in both conversations and in writing within a reasonable time frame after the cancellation agreementHowever, to respond again, to what was already resolved in a fair manner, the significant risk that we took, and
financial obligation to the construction lender, our company, nor any other builder that we are aware of for that matter, cannot be custom designing, building, and financing customized homes for people who do not fulfill their contractual obligation to complete the purchase. We understood, that we both agreed to retain the deposit, which was far below what the actual customization process costs, in lieu of enforcing specific performance This outcome, especially for the complainant, was surely more preferential then a legal battle to either enforce the sale, or seek damages for additional costs including marketing, costs, construction interest and other carrying costs until the ultimate purchaser was found.Stillbrooke homes was within it's contractual rights to retain the deposit as liquidated damages, and further chose not to seek additional damages which it could have under the contract in which the complainants signed and agreed too, even though the note and construction mortgage was in the company's name, and our obligation to pay this mortgage to maintain our business lines of credit and reputation survive anything that the buyer chooses to do, which in this case, they simply changed their mind about proceeding. Further, many attempts were made to help the complainant complete the purchase and not leave us with this very expensive home as a speculative home All attempts failed and therefore we let the complainant out of the contract, and assumed all the risk and costs in putting the home on the open and very difficult housing market, thereby retaining the reasonable deposit under the circumstances

There are three items to address here and I'll address them in the same order as the Homeowner wrote them.1. Regarding completion dates and scheduling, there are always estimated completion dates which will vary greatly based on all the available labor, materials, inspection, weather, etc. However,...

the final completion and closing took place approximately three weeks earlier than our contractual completion date.2. Regarding prior warranty claims, there are always minor issues that need to be addressed with a new home. This home was no different and all items that were in need of repair were completed early this year. On February 10th, 2015 Mr. [redacted] confirmed that all prior service had been completed.3. Regarding the current repair of the tub. This was a manufacturer defect with the tub itself and unfortunately took the manufacturer and distributor far longer that it should have to come up with a repair plan. Then scheduling several contractors simultaneously took some additional time as well. At this time, I believe the only outstanding item is paint touch up. I have reached out to the Homeowner to confirm all items are complete or scheduled and there are no outstanding repairs required.We take our service very seriously and are determined to make certain this Homeowner is satisfied with all the items addressed.

Complaint: [redacted]
I am rejecting this response because:
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason if he complaint will be closed Administratively Resolved]This is obviously unresolvable.  There was little effort on the part of Stillbrooke to rectify this situation; however, they apparently need that down payment more and will reap what they sow.