Design Tech, Inc.

Response:Thank you, we received Ms ***'s complaint and completed our research into this matter. After all of the deposits were collected, there is still a balance on this account. It is correct that we attempted to withdraw funds electronically in error, we have since
corrected that. But no funds were collected electronically since 12/08/2017. We have provided her with a ledger of her account showing every transaction that has occurred since her move in date. Because of the information cited above, we are unable to provide the requested amount of $1,

September 14, Revdex.com
E Missouri AvePhoenix, AZ 85014-Via: Revdex.com website
"">RE: Case *** * ***, *** * *** To Whom It May Concern: Attached is a copy of the Purchase Agreement And Escrow Instructions ratified 01/27/as well as it’s supporting addenda which clearly state that no oral representation can be made, everything is “done” in writing and that the construction of the home cannot be estimated accurately and the buyer should not plan on a closing until they receive the orientation and closing letterThe contract documents have four (4) acknowledgments via initials that the funds either can be or will be retained by the seller and six (6) acknowledgements by full signature that all funds on deposit will be retained by the seller as liquidated damages should the contract cancel for any reasonWe are in the business of selling, building, and closing homes. We build all of our homes as comprehensively and quickly as we can, we do not purposely delay construction of any home as we don’t get paid until the home successfully closes escrow even though the municipalities get paid immediately and up front and our trade contractors get paid twice monthly for the work they’ve completed on the home. The deposits made don’t come remotely close to covering these out of pocket expenses I respectfully request that this case be closed with prejudice Cordially, Kathy B*** Office Manager

I am appalled at the response from Fulton's representativeThis goes well beyond just the earnest moneyThey are continuing to accept contracts from buyers, stringing them along with "I don't know" as a standard answer when buyers inquire about lengthy delays and would like SOME idea of a closing dateInitially, MrPat M*** indicated that he would everything he could to see that our full deposits are returned to usSEE ATTACHED SCREEN SHOT FROM EMAIL SENT MY PAT M***! Now, the company has, again, gone against its word and lied.
How is that ethical and acceptable?

I'm sorry that they are unhappy but the contract is the contract and all of it's terms were agreed to by both parties. We are in the business of selling, constructing, and closing homes; yes that is how we make money however, we'd be out of business if we just sold and constructed homes, we don't get paid until a home successfully closes escrow. Prior to close we spend hundreds of thousands of dollars to build a home and our trades do not wait until close to get paid so we'd like nothing more that to have a shorter build time and a quicker close unfortunately the unavailability of quality tradesmen is not allowing that to happen
I respectfully ask that this file be closed, we can't build any faster and we are compliant to the contract

The response remains as stated below
Revdex.com
E Missouri AvePhoenix, AZ 85014-Via: Revdex.com website
RE: Case *** * ***, *** * ***
To Whom It May Concern:
Attached is a copy of the Purchase Agreement And Escrow Instructions ratified 01/27/as well as it’s supporting addenda which clearly state that no oral representation can be made, everything is “done” in writing and that the construction of the home cannot be estimated accurately and the buyer should not plan on a closing until they receive the orientation and closing letterThe contract documents have four (4) acknowledgments via initials that the funds either can be or will be retained by the seller and six (6) acknowledgements by full signature that all funds on deposit will be retained by the seller as liquidated damages should the contract cancel for any reasonWe are in the business of selling, building, and closing homes. We build all of our homes as comprehensively and quickly as we can, we do not purposely delay construction of any home as we don’t get paid until the home successfully closes escrow even though the municipalities get paid immediately and up front and our trade contractors get paid twice monthly for the work they’ve completed on the home. The deposits made don’t come remotely close to covering these out of pocket expenses
I respectfully request that this case be closed with prejudice
Cordially,
Kathy B***
Office Manager

Thank you for giving us an opportunity to respond to your email of June 30, which was sent to *** and *** ***and your email of July 31, which was sent to myself and *** ***We have spent a considerable amount of time resear***
the issues which you have highlighted in your
email including a visit to the property by *** *** and the ***sYour email identifies three areas of concern that you have had since purchasing the home in September These concerns are (1) the condition of a rock wall, (2) the operatingcondition of the solar water heater and (3) an area of fill locatedto the back of the home.You state in your email "side wall is about to collapseand crumble, risking significant damage to the neighbor's house.The inspector who was recommended by my realtor failed to inspect this crumbling side wall"Yourproperty was inspected, at your
request, on Aug13, by *** ***The report indicates that you were present for the majority of the inspection.The inspector highlighted on page of the report that "The retaining wall showed signs of early failure such as leaning outward at the top and separations at wall." The inspector went on to recommend "Before the expiration of your Inspection Objection Deadline consider consulting with a landscape or foundation repair contractor to discuss options and costs for installing stabilizing devices to prevent further failure." Additional pictures were provided of these issues alsoThese items were identified as "Priority Concerns" by the inspector in an effort to bring more attention to the issue.The inspector recommended on page and of the inspection report that there should be further evaluation/repair of these wallsYou were well aware of the condition of the rock walls and the recommendations that were made given the detail of the report that was provided to youWe are not aware if you followed up on the recommendations of the inspector, relative to the wall issue that you have identified.You stated in your email that the water heater is currently not working properly
Pages 59-of your Aug13, inspection report stated that the solar water heater system was years old with a life expectancy of yearsThe report further stated that the solar water heater components were serviceable and the system was operational but that you may want to begin to budget for a replacement systemThe report actually stated that the water was at a temperature of degrees and should be adjusted downward*** *** performed a service call on Aug26, They found the system to be serviceable and in proper working orderThey noted in their report that there was "no follneeded". The sale of the property closed in SeptYou conducted your final walk thru inspection just prior to closing and there were no reported issues concerning the water heater.You stated in your email that you moved into the property two months later and discovered that the system had issues that *** *** was not able to resolve.The solar water heater system was no longe under warranty in The Purchase Contract (ParaJ-5) expressly declares that there are no continuing warranties.The last item that you mention is the area behind the house that has been "reclaimed from the slope"This area appears to have been boxed off by two retaining walls which were probably constructed at approximately the same time the home was built in the late 1960s in an effort to provide a level area behind the homeThis area was largely unimproved until just prior to the sale of the property.The seller then leveled this area with the intent of providing a hard, level surface that would support lawn chairs etcIt is not unusual to use different size stone/rubble/fill in an effort like this beginning with large pieces at the bottom and then getting smaller as you get nearer the surface with your finest material at the topThe final layer of stone was a large amount of smallerpebblesIt was never the intent of the previousowner to plant a tree here and neither you nor your inspector addressed any issues with this area during the inspection.I believe these three items that you have identified are unfortunate but I do not believe that they rise to a level consistent with a lack of disclosure on the
part of the REALTORS involved in the sale.The inspector's report made you aware of the condition of the rock walls.Multiple sources declared the solar water heater system to be operational at the time of the closing.Once again your inspector was one of these people that made you aware of thisIt was not until two monthsafter closing that it was determined that the solar water heater system was no longer operationalThe "boxed in area" behind the house was configured by the previous owner to satisfy their needs which did not include the planting of trees or other plantsThe manner in which it was constructed is not unusual for their needsI hope that this explanation helps to provide some history on these concernsPlease feel free to contact me with any further questions

Complaint: ***
I am rejecting this response because:
Sincerely,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID 10788052, and find that this resolution is satisfactory to me
Sincerely,
Joshua T***

We the owners are very surprised to get this complaint of our companies work ethic and the owners responsibility to workmanship, customers and as an owner. We try our best in the heat, cold and rain to make each customers project of their pool experience to run smoothly. If there
is anything that the customer is not happy with we fix if possible to do so. With the construction of your pool you were given a bigger spa with no extra charge to youAs a small family owed and operated business since 1972 we can do such things like that for our customersAs for your construction time, when a customer signs our contract and pays the down payment that customers name goes on the board of a list of customers pool to startYou did sign and pay your deposit on 8-10-After that we have to prepare all the paper work needed to apply for a pool permit to be approved by the county which it can take to weeks in doing so. When we do get a call our email from the building that your permit is ready to be picked that we try to get your pool started as soon as we can . On your file I have a note with start date of 9-30-in which we tried to start your pool but due to the everyday rain we experienced in our county that month all construction dates had to be moved, due to the rainYour pool would have been started earlier but due to the we could not due so. In which the owner related to you for the hold up was due to the rain. We began again at your home to dig your pool on 10--So from start date of 10-7-to 11-17-end date when your swimming pool was filled waterThe owner always over sees every project and is in constant communication with his foremanIn the middle of the construction time period of your pool the owner was taken to Emergency Room had to undergo a triple bypass surgery that put out of the office and construction sites for a few weeksBut when he was well enough to return back to work your pool inspected and correctedWe hope you and your family have many happy times in your beautiful swimming poolAs for the labor cost that the electrician charged you for the breakers in your home of The owner talked with the electrician to charge StAugustine Pools for his labor cost along with the electric charge for installing all of your pool equipmentThat charge was not listed on the invoice when we received it We will send you a reimbursement check for to cover that charge to youSorry for the confusion

I would like to "respectfully" reject their response for two reasons:
First, I completely understand that their contract states "no oral representations shall be binding", and that we signed off on that, but it doesn't negate the fact that several oral representations were made and were falseWe tried to make our decisions based on the information we were given by the sales departmentWe were misled several times through the entire process and it's a shame that they can make statements, and are not held liable and do not care enough about customer service to come through on their verbal statements
Second, I have seen this response twice from Kathy B***, and it's concerning that a home builder will leave the care of their buyers out of why they do what they do"We are in the business of selling, construction, and closing homes." They do it to make money, that's itMost builders would at least attempt to act like they care more about their customers than moneyIn this case, they care more about money than keeping a decent name for themselves

Thank you for giving us the opportunity to respond to this complaint. We have been trying to coordinate this application with both the mother ([redacted] and the daughter [redacted] is the actual applicant for the project. The project is a City and County of Honolulu project...

with some very strict requirements. One of those requirements is that the applicant can not own a car. [redacted] has been very cooperative in trying to meet this requirement and we continue to work on this with her as recently as today. We are in the process of scheduling an interview and beginning the process with [redacted] We hope to offer her a unit if she meets all of the criteria required by the City and County of Honolulu.The second component of this complaint appears to be a lack of good communication between ourselves and [redacted]. While it appears that we have had a good understanding with [redacted], the actual applicant, it has not been as good with [redacted] and this has led to some misunderstandings for which we accept the responsibility. We will continue to move forward with [redacted] as our primary point of contact but we will make a better effort at trying to keep [redacted] informed as to our progress.

The property manager intended to withhold $300.00 to cover the damage to the property. The property owner has decided to release the $300.00 to the tenant rather than incur the time and cost of pursuing this case. A check in the amount of $300.00 has been issued to the tenant and we consider this...

issue resolved.
Thank you.
John C[redacted]

There will  not be an apology issued for Mr. [redacted] choice of tone and word selection. Our resolution is sufficient in haveing Mr. [redacted] take any items that require service through the Registrar of Contracts.  The Registrar of Contractors as an impartial third party that has authority to rule over such situations will present during all conversations and visits to avoid further conflict and rule upon any questionable repairs.

Revdex.com1010 E Missouri Ave.Phoenix, AZ 85014-4585Via:  Revdex.com internet siteRE:  Case 11610770 – [redacted] & [redacted]To Whom It May Concern:Attached is a copy of the Purchase Agreement And Escrow Instructions as well as it’s...

supporting addenda which clearly state that no oral representation had been made, everything is “done” in writing and that the construction of the home cannot be estimated accurately and the buyer should not plan on a closing until they receive the orientation and closing letter. The contract documents also have three (3) acknowledgments via initials that the funds either can be or will be retained by the seller and four (4) acknowledgements by full signature that all funds on deposit will be retained by the seller as liquidated damages should the contract cancel for any reason.We are in the business of selling, construction, and closing homes.  We construct all of our homes as comprehensively and quickly as we can, we do not purposely delay construction of any home as we don’t get paid until the home successfully closes escrow even though the municipalities get paid immediately and up front and our trade contractors get paid twice monthly for the work they’ve completed on the home.  The deposits made don’t come remotely close to covering these out of pocket expenses.I respectfully request that this case be closed with prejudice.Cordially,Kathy B[redacted]Office Manager

To Whom It May Concern:   Attached is a copy of the Purchase...

Agreement And Escrow Instructions as well as it’s supporting addenda which clearly state that no oral representation can be made, everything is “done” in writing and that the construction of the home cannot be estimated accurately and the buyer should not plan on a closing until they receive the orientation and closing letter. The contract documents also have three (3) acknowledgments via initials that the funds either can be or will be retained by the seller and six (6) acknowledgements by full signature that all funds on deposit will be retained by the seller as liquidated damages should the contract cancel for any reason. Our quick close homes on the website DO NOT have promised completion dates but rather an estimated closing month with the disclosure that the month give is NOT a promised or set closing date/month. I respectfully request that this case be closed with prejudice.   Cordially,   Kathy B[redacted] Office Manager

Good afternoon,It seem as though Mr. & Mrs. [redacted] might have misunderstood our response. When Mr.& Mrs. Contacted us in September of 2014 and brought to our attention that “the pipe running from our basement window drains to the sump-pump is missing pipe to connect the two...

together(somewhere beneath the front porch area). I believe that due to the rarity of such rain, this was never an issue in the past”. The [redacted] had already contracted an outside plumbing contractor to perform extensive work to the basement to perform work on an unknown issue that has not been brought to our attention for over twelve years (home closed escrow on September 20th, 2002). The Reeds are the second home owner of this property and we have no records of any basement issues from the original owners. True to Fulton Homes customer service we always respond to calls no matter what the age of the home and found the home with the work already completed. Fulton Homes and our plumbing vendor could not establish why there was a need to reroute the draining system for the basement window wells. At this point Fulton Homes is not going to refund or address any further challenges in regards to the basement and the drainage system.Respectfully.[redacted]Director of Customer CareFulton Homes Corporation

I request a audio copy of this audio conversation(s). Fulton homes is mis-representing any conversations had between me and the agents spoken too.

There are copies and notes of conversations where Mr. [redacted] has called into our customer care department being very confrontional and disrespectful using both a tone and words that are completely unacceptable, On September 29th Mr. [redacted] was informed to submit any further issues with his...

home directly through the registrar of contractors as our customer care employees do not have to take verbal abuse form anyone and the repeated "go [redacted] yourself" comments are not and will not be tolerated. I request that this complaint be closed with prejudice.