DeTrays Custom Housing LLC

The [redacted]'s placed a deposit to purchase a home with us on 2/11/2014. We worked on multiple home plans with them, scheduled contractors to visit them on site & give bids for site development. The customer was approved twice for financing. The purchase agreement that they signed on 10/26/2014...

states "Partial or ALL Earnest Money may be retained for Special Build Orders". We priced out & designed multiple "Special Build Orders" for these customers. After a year of no response  or return calls from the customer regarding moving forward with there project, we retained the full $500.00 and sent them a statement on 5/18/2015 showing this. They then contacted us 15 months later in August of 2016 asking for a refund. We will still be retaining the full deposit for work performed as stated on the attached signed purchase agreement. Also please see the attached refund statement that was sent to them 15 months ago in May of 2015.

We are not challenging Mr. [redacted]'s complaint, and will refund the deposit in full. Sorry things did not work out for him. We wish him the best, his accusations have no merit, we do not know of any past issues and we agree to void the contract pleading "no contest".

Complaint: [redacted]
I am rejecting this response because: The home as delivered is not the home as ordered. 1. window added in dining area2. wrong size window in den3. outside plugs not placed as ordered4. water top needs moved from garage to outside back5. charge for laying small area of laminate needs adjustedI want the home to model exactly what I ordered and paid for or substantial reduction in price to allow me to pay someone else to make the needed changes. They have had 4 months to work with no action. 
Sincerely,
[redacted]

Complaint: [redacted]I am rejecting this response because: 
[redacted]Please see attached[redacted]Sincerely,[redacted]
5-7-15
To Whom It May Concern:
RE:  Revdex.com Complaint #[redacted]
This letter is a rebuttal of Mr. D[redacted] response to the above complaint.  I apologize for the delay but Mr. D[redacted] response was in my e-mail “spam” so I was unaware of his response until 5-2-15.  I am at somewhat of a disadvantage as I lost some data on my computer in the move, including all e-mails between 6-14-15 and 8-24-15, so will only address those items for which I have documentation.
First, Mr. D[redacted] indicates that I had a “lack of knowledge with the design, was trying to place too many items into a small area . . ., and would not take ‘no’ for an answer”.
I made it clear to D[redacted]s from the beginning that I had no knowledge of manufactured home buying/design/living[1] and thought that, as a dealer, they would help me in this regard.  Mrs. D[redacted] assured me that a manufactured home could be custom built with “whatever I wanted” knowing, of course, there would be limitations due to the size of the home.  I was also told that it “typically takes 4-6 weeks to build a custom home and 4-6 weeks for completion on site”.  I had e-mail communication with her (4-26-15 to 5-10-15) during which I gave her a rough draft of a floor plan and indicated from the beginning that I wanted some upgrades including my own appliances[2].  I met with Mrs. D[redacted] on          5-10-15, we developed a mutually acceptable plan using their computer program, it was submitted to Skyline and Kit for pricing on 5-21-15, I was notified of the two bids on 6-9-15, and I gave D[redacted]s $27,000 as a down payment on the Skyline bid on 6-16-15. If I was I told I was trying to place too many items into a small area during this planning phase, I revised my plan and expectations.  But, in fact, this floor plan was apparently suitable because Mrs. D[redacted] indicated she used the design to develop a lot model.[3]
On 9-11-15 (long after the home should have been completed given the fact that I was told it was ordered on 7-20-15 and should be ready in 4-6 weeks), I received a new floor plan via e-mail.  This second plan was developed by Mrs. D[redacted] in response to engineering concerns primarily regarding the furnace placement.[4]  Her new design was unacceptable because:  laundry room too big with wasted space, a laundry room closet that stuck out into the middle of the room, a tank less hot water heater moved to the guest bedroom (as far away from the kitchen, laundry room, and master bath as possible where all the hot water is used), an entry too small for first responders, decreased storage in the master bathroom, and rearrangement of guest bathroom facilities so the sink was behind a door and the toilet clearly visible upon entering the home’s front door.  Furthermore, her e-mail stated that she was out-of-the-office until 9-23-15.
I had a series of e-mails with new Office Assistant, Trisha, regarding these changes, before I learned on          9-15-15 that this second (unapproved) design would be used to build the home beginning 9-16-15.  At no time between 9-11-15 and 9-15-15 was I given the opportunity to meet with Trisha or refuse to come in as Mr. D[redacted] indicates.  Instead, on 9-15-15 I was told by Corey G[redacted] at Skyline that if I did not use the unapproved design, they could not begin production on 9-16-15[5].  I offered to meet with him but was told “only D[redacted]s can make changes to the design” and they were on vacation.  Therefore, I had two choices on 9-15-15:  build an unacceptable home beginning 9-16-15 or delay construction.  With $140K at stake, I had no choice but to delay construction.  Office Assistant, Trisha, called on           9-17-15 and asked to meet “to get this settled before Mr. and Mrs. D[redacted] returned from vacation” and we arranged a meeting for 9-21-15.  At that time, I met with Trisha and Jonathan and within 15 minutes had a plan (again using D[redacted]s’ computer program) which met my needs and engineering concerns with the original plan; this meeting could have happened earlier if Mrs. D[redacted] had contacted me rather than developing a poor plan on her own, and production could then have begun on 9-16-15.[6]
The 9-21-15 approved floor plan was sent to Skyline on that date, they revised the dapia based on that drawing, sent the engineer’s drawing (which matches the floor plan) to D[redacted]s, and I approved it on 10-6-15 if the home was completed by 11-6-15 (it wasn’t).  Overall, I did not stop making changes per Mr. D[redacted]s’ statement.  He points to an e-mail of 7-21-15 as an example of my wanting to make changes when this e-mail, in fact, only asked for clarification about tile placement; it wasn’t a change only a clarification.  While I may have asked questions, the only changes made by me after I approved the plan on 5-10-15 were in response to factory request, and the home should have been ordered shortly after 6-16-15 when down payment was made.  If I had requested changes after 6-16-15, D[redacted]s could simply have said “no, the home has been ordered” but it had not been ordered.  In reality, D[redacted]s changed the plan without my knowledge when the factory informed them the kitchen design had flaws.[7]
Mr. D[redacted] indicates I “should be grateful” that someone else’s home was delayed to fulfill my order.  As a matter of simple courtesy, I am grateful.  But frankly, someone else’s home is none of my business, and using another buyer’s name in official correspondence is unconscionable, if not illegal.  In retrospect, a reputable dealer might have investigated the alternative of contacting Kit or another manufactured home dealer to see if they could build the home faster for me. 
Second, Mr. D[redacted] indicates her inability to get financing or to sell her home caused most of her home delay.  In my initial meeting with Mrs. D[redacted] on 5-10-15, I told her I had $65K+ in cash, about $225K equity in a home I would be selling, and $200K+ in retirement funds.  We discussed this again on 6-16-15 with Mr. D[redacted] and Jonathan present.  I did not have enough cash to write them a check on that date in full payment of the home, but I knew 1) that my residence at the time would sell quickly, and 2) I could access my retirement funds as needed.  I did not want to sell my home until I had a place to move to, but followed all their alternative suggestions for additional cash, none of which were productive for various reasons.  Therefore, still given the understanding that the manufactured home should be ready in 4-6 weeks from the order date (7-20-15), I began paying lot rent at [redacted] as of 8-1-15 and made arrangements to access retirement funds (with potential huge tax implications) should they be needed given the time frame of having the home factory ready around 9-1-15.  The first time I was aware of construction delays was via an 8-24-15 e-mail indicating the home would not be ready until 10-16-15 (assuming they started construction on 9-16-15, but that did not happen as outlined above).  By that time, I had listed my residence, it sold in 3 days for cash, and I moved on 10-15-15 with no place to go. 
Apparently, D[redacted]s felt I might be a “deadbeat buyer”, but I was honest with them upfront and was fully prepared to honor my end of the contract.  At any rate, my contract with D[redacted]s clearly states that “the buyer agrees to pay interest to Seller on the unpaid balance of the purchase price at the highest legal rate per month . . .”[8]  Clearly, they may have preferred that financing be in place, but it was not required before the home was ordered because they had the right to charge interest in the unlikely event I would be unable to pay.  In addition, at one point Jonathan indicated in a phone conversation that Skyline would charge $25/day for storage.  Finally, I paid the balance of the contract on 10-28-15 when I was told the home would be delivered the week of 11-1-15.[9]  They had all of their money, but the home was not delivered until 11-16-15.
Third, Mr. D[redacted] indicates that I decided to purchase gas appliances and this changed her time frame drastically.  Mrs. D[redacted] was told on 5-8-15 that I would be purchasing my own appliances, including a dual fuel range.  At no time was I told that this would result in an 8-week delay.  In fact, I began contacting PSE on 10-19-15 to set up an account and was told by the [redacted] park manager that “everything was ready” on 11-9-15.[10]  While the gas line was in, there was a delay in getting a meter installed so my decision to purchase a gas range had nothing to do with delays.[11]  In fact, I have a tank less gas hot water heater and gas fireplace, in addition to the dual fuel range.  Mr. D[redacted] does not mention that delays were affected by inclement winter weather which would have been prevented if the home were built in August/September as was my understanding.
Fourth, Mr. D[redacted] states that the kitchen and dining room were built as close to the design as possible per the factory . . . [and Mrs.] [redacted] was reimbursed for items not included.  The home was delivered on 11-16-15 and on 11-25-15 I e-mailed Mr. D[redacted] asking to see my home; no response[12].  I received a reimbursement check[13] from D[redacted]s about 12-9-15, but since I hadn’t seen the house was unclear about the intent so mistakenly cashed the check.   It wasn’t until I entered the home[14] in mid-December, and until 3-1-16 when I moved in, that I realized the kitchen was not built either according to approved plans or the option sheet, and that there were problems:
·        Three corners completely inaccessible thus eliminating about 36 CF (or about 40%) of storage space out of the total lower cabinet space (about 89 CF) on the approved plans
·        Only two under-counter lights (there should be at least 4) and those two lights are neither hardwired to a wall switch or have individual switches so the only way to turn them on/off is to put in/take out the bulbs
·        Drawer over door cabinet construction on only two units; there should be at least two more drawers over one 5’ unit that has no drawers or even shelving, and two drawers (instead of one) over a 30” cabinet
·        Pull out shelving in all lower cabinets
·        Cabinetry designed so that a door/drawer unit next to the refrigerator only opens 4” because they hit the refrigerator door, and a 3-drawer unit that only opens 4” because all 3 drawers the hit the stove.
and the dining room buffet was nothing like photos sent to Mrs. D[redacted] during planning: 
·        Upper cabinets only 30” and should be at least 48”
·        Has doors only (no drawers) and only 29” high instead of normal buffet height of at least 34”
·        Cheap formica countertop instead of quartz to match kitchen.
To date, none of these issues have been solved even though Mr. D[redacted] admits they were discussed in person on 1-19-16.  I do not have a functioning kitchen (only one 30” lower cabinet with one shelf and one drawer can be opened and no stove).  The refrigerator bought in July 2015 to provide dimensions and stored for months has a huge dent in the freezer door which is no longer under cosmetic warranty[15]. 
Per Mr. D[redacted] timeline, they were notified by Corey G[redacted] on 10-7-15 that the kitchen as designed would not work but I never received this information or was given the opportunity to alter the design to make the kitchen functional.  Instead, D[redacted]s apparently told Skyline to just build the kitchen as they saw fit.  I now fully realize that the kitchen as approved on 9-21-16 and 10-6-15 would not work but 1) it was based on D[redacted] computer program, and 2) as the consumer, I had the right to have this information and make adjustments before, or as, the home was built and easy solutions available.  The kitchen and dining room simply do not conform to the description, and D[redacted]s’ has not honored their contract[16].    
It is difficult to see the good, (Mr. D[redacted] unsubstantiated claim) when other items need attention:
·        Sliding shower door has 1” gap between doors.  This was supposed to have been a pivot shower door per a telephone conversation I was part of between Mrs. D[redacted] and Amy at Skyline during pricing; Amy indicated that “only pivot doors are used” so it was not listed on the option sheet
·        Cheap exterior door handles which were so loose they required two hands to open them (replaced at my expense)
·        A gas fireplace incorrectly installed (a PSE representative rewired it when he lit the pilot light)
·        No heat in master bathroom (Steve from Skyline cut the toe kick but no register cover yet)
·        No screen on the master bathroom window (still waiting for this)
·        No transition piece between the hallway tile and living room laminate (still waiting for this)
·        Paint spatter everywhere requiring that every inch of the laminate floors and baseboards be scrubbed, and all windows be laboriously scraped inside and out.  Also, there is only one thin coat of paint so repainting is in process at my expense.
·        Extremely poor tile installation in main bathroom and entry floor with leftover grout on the tile (still waiting for a fix)
·        Cheap porch light by the back door which had no screws and was painted shut so light bulb could not be changed (replaced at my expense)
·        Cheap front porch light which does not work (I will either replace this or have Steve look at it)
·        Cheap garbage disposal which has a fixed rubber ring so it can’t be cleaned; also, it’s already frozen up with nothing in it (replace at my expense since I don’t want another cheap one)
As for my living arrangements from 10-15-15 to 3-1-16, they are none of Mr. D[redacted] business except for his liability in creating a situation where I wanted to maintain harmonious family relationships so moved to a motel.  Perhaps he and his children could live together with no end in sight but that was not an option for me out of consideration for others. 
If he feels I am being unreasonable in asking to have something I paid for, then we will let the legal system sort it out.[17]  I met with Skyline’s representative on 4-26-16 and we agreed on a plan to fix the kitchen although it may not be workable since the plan involves moving the water heater slightly and that may not meet code.[18] Although the new plan is not ideal, after a year of planning and waiting I have no choice, and I do not have a date when that kitchen construction will take place.  I continue to ask for $11,516.03 reimbursement for basic expenses incurred because of D[redacted]s’ deception and failure to be transparent, for a functional kitchen, and for a buffet which meets industry standards. 
[1] Emails:  4-26-15, 5-16-15
[2] Email:  5-8-15
[3] Email: 8-22-15
[4] Note that I received a print (dated 8-27-15) of engineering concerns on 9-18-15, but 9-11-15 was the first I was aware of the concerns.
[5] 9-15-15 is the first time I was aware that production was to start on 9-16-15.
[6] Mrs. D[redacted] verbally indicated on ­­­10-6-15 that she received the design concerns from the factory on 9-7-15.
[7] See D[redacted] timeline, 10-7-15
[8] Part 1:  Earnest Money Purchase Agreement, Section I, Finance Cost
[9] Letter from Mr. D[redacted], 11-1-15. 
[10] Email from [redacted] Manager
[11] Note that PSE told me about the possible 8-week delay and this information was given to D[redacted]s via e-mail on 12-16-15.  I am not aware if they personally ever had contact with PSE regarding the 8-week delay.
[12] Mr. D[redacted] verbally told me on 1-19-16 that he did not invite me when he inspected the home shortly after delivery because “it was too muddy”.
[13] Incidentally, the check was sent to the [redacted] address when I clearly was not living there.  The office at [redacted] had to call me to come and get the check. 
[14] Illegally, according to Mr. D[redacted], although I had fully paid for the home, was required to have insurance (including liability) before delivery could take place, and had a Certificate of Ownership from Washington State. Do the L&I restrictions also pertain to D[redacted]s? 
[15] Replacement door is $701 per the Bosch factory. 
[16] Part II:  Terms and Conditions of Sale, Part 3, Changes by Manufacturer, . .  . “If the property as delivered to the seller from the manufacturer, differs in design, color, style or in other such ways from the description and specifications of this sale, the Seller shall have a reasonable time to make the property conform to the description.”
[17] Note that I filed for arbitration under the mandatory Dispute Resolution Process on 3-28-16, but was told via phone on 4-14-16 that this only applies to structural defects.  Yet, they were concerned about the problems and recommended that I contact the Washington State Department of Licensing which I have yet to do. 
[18] See D[redacted] Timeline regarding email from Skyline, 10-19-15.

This is the email I received today:
As you know, Jose and a crew did finish the detailing to a point that allows the final cleaning, sign off, and move into our house.  Although it took five months for the process to happen, they were very helpful in finishing what they could at this time.  Currently these are the major issues still to be resolved:1.  The initial set up exterior painting of the house could not be done by Fred, when he finally got the parts for close in, due to the cold temperature at that point.  A plan and schedule for that needs to be set up for this spring.  (All seem to understand that this is a “Fred job” and we need to ask what else is “his responsibility” vs. Skylines?  How about the “creak” in the floor?)2.  The missing bathroom window over the garden tub and the misplaced window in the master bathroom need to be addressed.  Jose has taken pictures of both to show what is incorrect, but indicated he was not authorized to correct those at this time.  These were items both you and Diane indicted needing to be corrected when you did your walk through with us.  We need communication on options for how these errors will be adjusted.3.  Other items both of you indicated would be “dealt with” and have not and according to Jose, will not, are the base trim on both of the porches and the uneven and catchy blinds.4.  Finally, we have not received a title for the structure with the correct name on it.  It is to be in the name of the [redacted] and [redacted] Living Trust.  We provided documentation on that at the time of purchase and again when the incorrect title was last sent for a signature.  This is something that is legally needed to complete the transaction. We are sorry it has taken this much time and effort to get to this point, but we are hoping that these last details are easier to resolve.[redacted] and [redacted] *
The home will be cleaned and completed this week, please release this complaint, thanks. Dana D[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Skyline came out and fixed the flooring and I am now waiting on an appointment for them to come out to address the fireplace. 
Sincerely,
[redacted]

Complaint: [redacted]I am rejecting...

this response because:  There is a continuing need to address this issue.  Service personnel were there for six hours but the work to complete house set-up was not finished.  No communication has occurred with us regarding how or when the balance of what is needed will be taken care of.  No time line has been set for cleaning, orientation, and moving in.  We do not feel we are being listened to or getting the outstanding customer service DeTrays claims to provide.  We do not feel this complaint should be closed until our project is completed in a timely manner.Sincerely,[redacted]

Service is underway at this time, no need to address this further. Service personell and set up sub-contractor have completed their work, and the balance of what is needed is currently being taken care of by the builder and their subs at this time, thank you.

To whom it concerns: See the attached time line of events and facts. The first issue with Mrs. [redacted] was her lack of knowledge with the design, she was trying to place too many items into a small area, which did not work and she would not take no for an answer. Per the draft submitted anyone...

could see all the features [redacted] wanted, would not and could not fit into a 44' manufactured home. Secondly, her inability to get financing or to sell her home caused most of her home delay; this is fully documented with supporting emails sent directly from Mrs.[redacted] herself. Third, Mrs. [redacted] would not stop making changes to her order. It is true, during the designing process I did say it would take 4-6 weeks to have a home built at the factory, at that time, this was a true statement. I also said that it would be approximately 4-6 weeks to have the home ready after it hit the site, but Mrs. [redacted] decided to purchase gas appliances and this changed her time frames drastically. I have supporting documents provided by the gas company that she had an 8 week wait. By the time financing and the order was complete the factory had a glut of orders and the time frames stretched out further. See Part II Terms and Conditions of Sale: {[redacted] signed this) Part II is Included in the Facts. The Seller shall not be liable for delays in delivery of the property of its accessories or component parts caused by the manufacturer, the carrier, sureties, accidents, fires, or other causes beyond the control of the Seller. Failure of the Seller to have ready to deliver or to deliver the property on the anticipated delivery date for any reason shall not be grounds for cancellation of the sale. It was not until 8/20/15 that Mrs. [redacted] was able to secured financing, she states this herself. Supporting documentation is provided. A down payment was collected on 6/16/15 in order to start the process once financing was in place. As you can see Mrs.[redacted] has a lapse in memory or is being less than honest in her statement that she had no communication between 6/16/15 and 8/24/15. I count over 15 that I documented and sent copies of. I worked diligently with her to make sure she was happy. Nothing was going to be built without her approval, and yes there was a delay, she was sent emails keeping her in the loop all along, that is why her order was pulled temporarily so she could revise it; working with what the engineers stated would be possible. There was not a delay in the order process while I was on vacation as indicated, check the timeline, I have staff in place to work in my behalf while I was away. Mrs.[redacted] refused to come in to our office until I returned. It is correct the home was paid in full on 10/28/15 and it was delivered on 11/16/15. This was the best the factory could do and accommodate other customer deliveries, [redacted] should be grateful another customer was gracious enough to change slots to enable her to get her home sooner. The Kitchen and Dining Room were built as close to the design as possible per the factory, again Skyline stated there was not enough room in this space. [redacted] was reimbursed for the items not included and [redacted] cashed the check that was sent to her. When building a customer's own design, not everything can be anticipated until the building process in underway. The Hutch was built Similar to a design sent to me via a picture, with materials the factory offered. It was not going to be exactly, they built this great looking Hutch, trying to accommodate Nancy, but she never seems to see the good. Pictures provided of Hutch from the factory on separate attachment. The home does conform to the description, we have honored all demands and more from [redacted], Skyline is still in the process of completing some items but they will not rebuild the Kitchen. D[redacted]'s do not owe Mrs. [redacted] any expenses, she signed a contract with us, part II explains time delays and she initialed this area. Mrs. [redacted] is not being honest about housing expenses, she states in an email to me on October 19, 2015 that she was living with her son in Seattle, during the construction time. We find her complaint to be unfounded and unreasonable.
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]

In response to Mrs. [redacted]'s allegations that no one has addressed the window issues in her home, this is not the case. She has had three separate conversations with myself, the builders service manager, and the plant manager explaining that the windows installed in her home are required to be in the location and size to how it was built per code. I've copied the email from the service manager re-stating this conversation:[redacted],We have completed the service on her home, she had a conversation with Jim a month or so ago to discuss the issues. He explained the reasons why the windows were put in and sent her information on it, I will get a copy tomorrow and send it over to you, I looked at the order and the hose bib and gfi were put in the general areas where they are shown in the print, unless specified an exact location they are put at the manufactures discretion. The real issue here is Mrs. [redacted] has not paid for her laminate flooring installation, and is creating issues to avoid it. She must pay for the installation as agreed per our contract. Thank you.

Complaint: [redacted]I am rejecting this response because:  D[redacted]'s has not fullfilled their contract and my contract is with them, not the manufacturer.  I still don't have a functional kitchen or dining room and expenses are mounting as a result.  Obviously, D[redacted]'s doesn't care as there has been no direct contact with them since January and I will need to pursue other options.  Sincerely,[redacted]

I have forwarded to the service people who have worked on [redacted] home in the past, to meet with her. She will be contacted in a week to review the complaint and solve this. The service of the home is for 15 months, she is several months away from the expiration date. Her issues outlined are...

minor, and does not pose any risks of her occupying the home.