D.R. Horton America's Builder

Routine owner maintenance is required to deter issues such as water intrusion. Unfortunately, the home is no longer covered under the 10-year structural warranty period through [redacted] and it it is past the statute of repose.

Please accept this correspondence as D.R. Horton, Inc.’s reply to the Revdex.com with regard to the above-referenced complaint. Upon receive of the complaint we verified that we had an open request for service for Mrs. [redacted] home. Our Customer Service Manager, [redacted]...

met Mrs. [redacted] today Tuesday, October 20th. We have completed some of the items from the service request. Mrs. [redacted] will provide us with availability dates to reschedule an appointment for pending items, we will accommodate pending service repairs on Saturdays if homeowner is not available during the week. We appreciate the opportunity given to look into and ultimately address our homeowner’s concern and will provide an update once all items have been completed.

DHI Mortgage Company, Ltd., (“DHIM”) appreciates the opportunity to respond to Ms. [redacted] concerns.  DHIM strives to provide excellent customer service and we are disappointed that Ms. [redacted] experience was not what she expected or deserved.   The [redacted] were under contract for the purchase...

of the subject property on 3/16/2015.  That contract was contingent upon the sale and closing of their current residence in Colorado.  The original closing date on the contract was May 29, 2015.  At the [redacted] request, DHIM attempted to have the loan approved so that the [redacted] could close earlier in the month of May.   On May 4, 2015, [redacted] Gulf Coast Branch Manager e-mailed all DHIM parties involved in the [redacted] transaction along with the [redacted] Real Estate Agent, [redacted] to make sure that everyone understood that DHIM would not schedule a closing date until the loan was approved and all conditions were cleared.  On May 6, 2015, the loan was credit approved with 3 minor conditions, 2 of which would have been taken care of at the time of closing.  The last condition was documentation from the borrower.  Mrs. [redacted] informed DHIM that she had the required documentation however, she would not provide it until DHIM advised her how all the inconveniences could be “resolved”.  The resolution offered by DHIM was to close the loan as quickly as possible, 3 weeks early.  That resolution was not acceptable and on May 7, 2015, Mrs. [redacted] sent an e-mail withdrawing her loan application.   The lending process is sometimes very frustrating and stressful.  DHIM understands those frustrations and worked hard to accommodate the early closing for the [redacted] and apologize for any miscommunication and additional stress the process may have added to their move.  As DHIM is not a party to the purchase contract we are unable to assist with the [redacted] request for the return of their earnest money deposit. [redacted]   [redacted] Assistant National Resolutions Manager

I am rejecting this response because: Theis informaiton was already given almost verbattum. They were given a chance to come out inspect the work that had been completed and fix anything. They said that they would not come out. Again you chose this customer I already have their info and your not willing to help with my request.
Regards,

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. I have not yet received a check back from them and it has been one week since the response was sent so if they could let me know when I would get reimbursed that would be great. Thanks.
Regards,
[redacted]

The fence we put up is on the common grounds and the bridge to the school was denied from the State of Alabama and the school district.    Thanks, [redacted]

First, [redacted] takes great pride in the construction of our homes and in the customer service we provide to our homeowners.  [redacted] has worked diligently with [redacted] to address all of the warranty concerns in her home as set forth in her Revdex.com complaint.  With the exception of a...

damaged window blind, which is scheduled to be repaired on July 14th, all items listed in [redacted]’s complaint have been completed/repaired.  On July 3rd, [redacted] submitted a new customer service request to [redacted] asking for repairs to an additional 20 items.   Repairs to the vast majority of these items are scheduled to be made on July 14th.  Several of the service items involve manufactured products, and we have submitted these items to the manufacturers to be scheduled and addressed.  A few of the items submitted are fit-and-finish items such as scratches and water stains on the kitchen countertops that are not covered by [redacted]’s warranty and, therefore, will be denied.  As [redacted] noted in her complaint, she purchased a model home from [redacted].  The home was open to the public for many months before [redacted] bought the home, and hundreds, if not thousands, of prospective buyers walked through the home.  As such, the home was not “new,” and [redacted] sold the home to [redacted] in an “as-is” condition without express or implied warranties.  [redacted] acknowledged she was purchasing the home in an as-is condition when she executed the attached Model Home – Possession at Close of Escrow Addendum at the same time she signed the purchase agreement for her home.  Many of the service items submitted by [redacted] are not covered by any [redacted] warranty.  Nonetheless, [redacted] has accommodated most of [redacted]’s concerns as a courtesy to her. With regard to [redacted]’s request for compensation for “physical . . . and mental injury” and for “delaying [her] work,” under California law, the damages a homeowner may recover for construction issues are set forth in California Civil Code section 944, which is part of a statute known as “SB 800” or the “Right to Repair Act.”  [redacted] received a complete copy of the Right to Repair Act when she executed the purchase agreement for her home.  Pursuant to Civil Code section 944, a “homeowner is only entitled to damages for the reasonable value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of repairing and rectifying any damages resulting from the failure of the home to meet the standards, the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation and storage expenses, lost business income if the home was used as a principal place of a business licensed to be operated from the home, reasonable investigative costs for each established violation, and all other costs or fees recoverable by contract or statute.”  As noted above, [redacted] is making repairs to all legitimate defects in the home that are covered by the Limited Warranty for [redacted]’s home and even a few items that are not.  Therefore, [redacted] must respectfully decline [redacted]’s request for compensation for “physical . . . and mental injury” and for “delaying [her] work.”

The city manager has been in communication with the customer and will be working with him to address his concerns.

The FPL transformers are set such that they prohibit positive drainage from the side yard swales to the street.   Our Land development team is working on a solution for this home owner and a couple others on his side of the street.   It will take approximately 2-4 more weeks to implement....

  [redacted] Vice President – SWFL Construction D·R· Horton, Inc. - America’s Builder

Per the customer's request, the appointment has been rescheduled from March 26 to April 6. We look forward to addressing the remaining repair item at that time.

We have reviewed [redacted]’s complaint and have advised that there is not a design issue with the home.  The plan that he purchased has had changes throughout the years as a result of our continual process of enhacing our homes.  We would however, like to extend an offer to clean the stone and power wash the area that has been affected by algea growth as a one time courtesy goodwill gesture.

The pond next to the resident’s property is in common open space and is being constructed in accordance with the City of Charlotte standards. Our timelines are subject to the City of Charlotte’s review and approval of the pond which is we are currently waiting on.   The pond work is...

substantially complete except for the final plantings. We will install the plants at the appropriate time immediately after the City’s approval. After completion, the pond will be maintained by the HOA.   Hope this helps – have a great weekend!   Thank you,   [redacted] Customer Service Manager- Carolinas Division

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my dispute.
Please enter your reason(s) for rejecting the business response below.WO# 2429478-004 (SUBMITTED 5/4/15) Kitchen Island Granite – I was told that they will attempt to fix this, but if in attempt to fix it if it breaks then I may have to wait 3 weeks for new piece to arrive and I cannot afford to be without kitchen for 3 weeks.WO# 2430804-002 (SUBMITTED 5/6/15) Roof Noise: Almost every day and night we hear this noise, in fact, I have sent them recording of noise. They have something loose and need to address it.Also, they had me fix a leak in backyard and fault clearly was theirs as they had left one of the irrigation pipe unglued. I would like to be compensated for that. This happened after my complaint to Revdex.com but was related to line where low pressure in irrigation was mentioned in my original complaint to Revdex.com.You can see their attitude in these replies. Once they have solved above three concerns they can close the case.
Regards,
[redacted]

Dear Revdex.com:Thank you for your letter dated May 14, 2015 addressed to DR Horton, Inc. Below, you will find responses to theclaims presented in the letter.I. Horton used a bloc vote based on their number of owned lots to take control of the Board of Directors for theHomeowners...

Association. Builder controls Board of Directors for HOA.Response- The Annual meeting is held each year in accordance with the documents and Florida Statutes. The 2014-2015 7 person P[redacted] Board of Directors was elected in accordance with the P[redacted] CommunityAssociation documents and Florida Statutes. The results of the elections included 3 individual homeowners [redacted], [redacted]  [redacted]and [redacted]. Recently, [redacted] resigned on 3/11/2015 due to selling his home and movingout of the community. [redacted] resigned on 2/24/2015. The Annual meeting is approaching and theremaining Board members agreed to leave the two vacated seats vacant and let the owners vote for all 7 seats atthe next annual meeting, which is being scheduled now by the Property Manager under the guidelines of theP[redacted] Community documents and Florida Statutes.2. Horton disbanded the community's rights to [redacted] fines against homeowners and Jot owners who brokecommunity rules documented in the CCR's for P[redacted], including fines for builder.Response- Per the P[redacted] documents and Florida Statutes, it is a Board decision on whether they want tohave a fining committee and [redacted] fines in the community. The P[redacted] Board of Directors has chosen not tofine in the community. Violations are being sent to homeowners monthly and owners have cured their violations asthey get the notices. Out of the 474 violations sent, there are 6 outstanding violations at this time in thecommunity.3. Horton refused to respond to due process committee Jist of violations who had completed the due process andneeded further action.Response- The protocol established by the Board, in accordance with the HOA documents, is that violations areprocessed by the Licensed Community Association Manager through the Community Association ManagementCompany, who sends notice to the parties in violation. The P[redacted] Board of Directors has found that thisprocess is effective in resolving violations.4. Horton disbanded the homeowner run due process committeeResponse- The P[redacted] Board of Directors has not disbanded the Due Process Committee. However, theyhave not approved fining by the Due Process Committee. Homeowners are taking care of their violations in a timelymanner. Only 6 violations are outstanding in the community.5. Horton decided that it did not want to pay the arc committee fee required by the CCR's for architectural proposalsand announced the suspension of the requirement to pay the proposed fee.Response- The P[redacted] ARC committee, under P[redacted] Board of Directors' direction, was not chargingthe $25 fee prior to Sept. 5, 2013.The P[redacted] Board of Directors I Licensed Community Manager posted a notice for a P[redacted] Board ofDirectors meeting. It was held on March 19, 2015 at 10:00 a.m. The P[redacted] Board of Directors asked thehomeowners at the meeting if they wanted to waive the $25.00 Arc fee. The owners were in favor of waiving the$25.00 ARC fee. The P[redacted] homeowners said they felt they should not be penalized for improving theexterior of their home. The P[redacted] Board of Directors moved that the arc fee would be waived if theAssociation Attorney opinion granted them that right. All were in favor and the motion carried. The P[redacted]Board of Directors then directed the Licensed Community Association Manager to reach out to the AssociationAttorney for a written Attorney Opinion. The Attorney said the $25.00 ARC fee could be waived by the ParksideWest Board of Directors in a board meeting, which took place on March 19, 2015. The P[redacted] Board ofDirectors /Licensed Community Manager then reached out to the ARC committee and let them know theAssociation would no longer be charging the ARC fee. The ARC committee did not follow the P[redacted] Boardof Directors decision and proceeded to deny ARC applications for not paying the ARC fee of $25.00.The P[redacted] Board of Directors conducted a meeting on May 7, 2015 at 11:15 a.m. In the meeting, there wasa discussion with the owners at P[redacted] about the $25.00 Arc fee. The Board found that there were someconflicting views on the ARC fee. The Board of Directors reversed the decision to waive the $25.00 ARC fee anddecided to table the discussion until the annual meeting in 2015 where the entire community can discuss thematter.6. When the committee rejected the proposals (arc applications) including the Horton proposal that did not have therequired fee, Horton had letters sent to ARC committee members- all residents- that the committee was nowdisbanded. -Response- The P[redacted] Board of Directors received multiple complaints regarding the conduct of the ARCcommittee. Additionally, it was discovered that the ARC Committee had ta[redacted] actions that violated Florida Statuesand the P[redacted] HOA documents. For that reason, the P[redacted] Board conducted a meeting on May 7,2015 at 11:15 a.m. and voted, unanimously, to remove the current ARC committee. The P[redacted] Board ofDirectors agreed to run the ARC until such time as a new ARC committee could be formed by the new P[redacted]Board of Directors at the upcoming annual meeting in 2015.I would like to take this opportunity to thank you for bringing this matter to our attention and trust this informationclarifies the issues you have raised, however, should you require any further assistance please do not hesitate to letme know.

We are on schedule to assess Ms. [redacted] door on July 14th  which is the first day she states she has available.

Please review the pictures I have attached, it clearly showing the base of the sod is HIGER than the base of the fence, so the ground/dirt will be touching the fence. 2nd saying that the ground is wet  6 days after rain and watering of any kind because the ground is saturated proves the water is not draining and you are simply waiting on water to evaporate. the front yard is draining and dry within 1-2 days after heavy rain and saying that the backyard would require + 1 week is a ridiculous statement.  the drainage system should control the amount of water that is allowed to be soaked into the ground as it should flow any access amount away from the property.

With regards to the issue related to the cracked bathtub, per the attached documents, damages to tubs and fixtures are excluded from any warranty coverage unless noted on the Pre-Settlement Demonstration (PSD) documents prior to occupancy.  As you may note in the attached copy of the PSD...

form, there is no notation related to any damages to the tub on this document as confirmed by the homeowners signatures of acceptance.  Have also included a copy of the RWC Limited warranty which also notes this exclusion (highlighted) from the warranty for your review.   In closing, regrettably D.R. Horton cannot assist the [redacted] with their request for the tub replacement.   Thank you and please do not hesitate to contact me should you have any further questions related to this matter.   [redacted] DR Horton - America's Builder! Customer Service / Warranty Manager

Complaint: [redacted]
I am rejecting this response because:The message contains no resolution. The items left outstanding are not all weather contingent and the weather has been fine on multiple occasions the weather was only recently a factor but as the requests were made weeks and in some cases months ago [redacted] weather has been on more occasions than not suitable for repair. We are still waiting on the following repairs:1) Back door weather strip,painting and caulking. The back door frame itself was repaired more than a month ago but was never caulked and has been left exposed to the elements, un-caulked and unpainted. 2) Carpet pad replacement/ re-taking and stripping. Carpet pad was removed as mold was found in the wall along the back door. The sheet rock and pad for the carpet was removed due to damage and had to be replaced.3) Waiting on baseboard repair and painting in the living room as baseboards had water damage due to the back door and had to be repainted. 4) Cabinet side replacement as dishwasher was leaking and cabinet side had to be replaced. 5) Painting for the ceiling and bathroom wall. Joint had to be repaired. 6) Insulation/Pipe inspection along kitchen wall and upstairs bedroom. As the pipes in our house froze solid on 2 separate occasions despite leaving cabinets open and water dripping on 2nd occasion. Additionally, we are still waiting on paperwork showing repairs have been completed for our records. We have still not been contacted by a [redacted] representative aside from scheduling our warranty repairs despite numerous emails to upper management and corporate. We cannot say this complaint has been resolved until all outstanding warranty claims have been fulfilled and we have received documents related to our claims.  Thank You,[redacted]Regards,

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my dispute.
This response is the same as the other letter and it is not acceptable. The section [redacted] is referring to isnt even the correct section that sounds hollow. The entire driveway needs to be warrantied for an extra year. Our current warranty does not expire until the end of August so the extended warranty should be valid until the end of August 2016. All im asking for at this point is a revised letter.   Thank you [redacted]
Regards,
[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 as long as the work orders are repaired in a timely manner.
Regards,
[redacted]