Fischer Management Inc.

Thank you for your assistance with this issue, Fischer Homes appreciates the role of the Revdex.com and it's efforts to help resolve matters when they arise. In this case, Fischer Homes would have needed the opportunity to inspect and repair any perceived defect prior to the customer paying a third
party vendor to do work with the expectation of reimbursement from Fischer Homes. The customer did call our warranty department on 2/17/regarding their furnace and their foundation. The Fischer Homes associate responsible for warranty work for this customer did return the call the same day and reached voicemail for the customer. The associate left a message with his contact information and guidance that an appointment would need to be set for evaluation and, if needed, work to be performed.Fischer Homes only received a response/follcall from the customer after the customer had already paid a third party vendor to do work on the home. This call came on 3/17/17. Our Construction Manager contacted the customer and was told by the customer that they had sold the home and were in a hurry to get the work done and assumed they could just reach out to Fischer Homes for reimbursement after the fact. The Construction Manager explained to the customer at that time that Fischer Homes does have the Right to Cure, which we were not provided an opportunity to do so. The Construction Manager also explained that because of this, the customer was not entitled to reimbursement for expenses related to work performed.Fischer Homes cannot comment on whether or not the work done was needed or whether a fair price was charged (assuming it was needed). Our Right to Cure was not provided and as such we cannot be held liable for these expenses. We do wish the customer the very best in their new home, and we thank the Revdex.com for their help in communication with regards to this matter

Thank you to the Revdex.com for the follow-up communication on this matter.  As previously stated, we have reviewed with the customer what the NAHB Performance Guidelines are with regards to ticking and other noises from an HVAC system.  Again, as outlined in Paragraph 9-3-1, this is normal and there is no corrective action required unless the duct work does not comply with building code.  This ductwork does comply with building code, the noises are normal, and there is no corrective action required. Dents in ductwork are common and do not create a defect, nor do they create additional noise.  There is no standard in the building code or the NAHB Performance Guidelines requiring dent-free materials. In summary, Fischer Homes does not have the ability or obligation to produce an HVAC mechanical system that is silent.  There is also no requirement that the ductwork be dent-free.  The ductwork does meet the building code requirements, as well as the NAHB Performance Guideline requirements.  There is no action required by Fischer Homes regarding this matter as the system is operating correctly and producing the types of sounds that can be expected and considered normal. Thank you again for your assistance with this matter.

I am rejecting this response because:Thank you to the Revdex.com for your assistance.  I strongly disagree with the responses I received from Fischer Homes, who seemed more interested in finding excuses to not address the issues rather than stand by the quality of their work.  I have paid Fischer Homes a lot of money for a home that has numerous problems, one of which is a master bedroom that is unfit for sleeping because of the non-stop clicking noises when the heat is on. 1)      The warranty states that clicking noises from the HVAC are normal during expansion and contraction.  Fischer Homes cannot be excused for non-stop noises throughout the whole time the heat is on – such noises are not excused by the warranty as normal especially if they are too frequent and too loud to keep a person from being able to sleep in their bedroom.  This was not addressed in the Fischer Homes’ response.  How exactly did Fischer Homes decide whether or not the noises are normal if they have never been to my home themselves for the purposes of inspecting this problem?  2)      Obviously the noises were not considered normal in the beginning – [redacted] came not once, not twice but made about 5 warranty visits to my home to work on resolving the noises.  [redacted] is the expert company that recognized there were real issues to keep coming back 5 times with [redacted], and [redacted] working on it and [redacted] calling the noises “prominent” from the defective vents. It was when Fischer Homes realized that there is no simple solution but they need to open up the walls/floors and fix the ductwork that they decided that everything was normal and stopped [redacted] from making more visits. 3)      The simple adjustments that [redacted] did to my home to resolve the noises not only did not help but incurred more damage to the HVAC system.  [redacted] cut and threw out the foam insulating the ductwork, the plastic hangers, and one of the ducts in the basement – these are supposed to be there to stabilize the HVAC system and [redacted] should not have just cut them and thrown them out.  None of this damage has been fixed since [redacted]’s visits and I would like to Fischer Homes/[redacted] to replace the foam, plastic hangers and the duct that [redacted] threw out.4)      Fischer Homes should not be minimizing the problem of crushed and defective ductwork saying that there is no requirement for have dent-free ducts. These are not simple dents; a couple of the ducts are severely crushed and are exactly the ones that the noises are heard from even behind the walls.  Fischer Homes needs to stand by the quality of their work and provide good customer support – these issues are not acceptable from a builder that currently enjoys an A+ rating on the Revdex.com website.  Until I am able to sleep in my brand new home, I am determined to continue pursuing all possible means to get these noise problems resolved.  I also filed a complaint with the City of Hilliard Government inspectors that have made the inspections for my home.  I also filed a complaint (unresolved issue with a builder) directly with the RWC, the warranty company for my newly built home – it will take them 30 days to investigate and respond. Revdex.com, I would like to keep this request open for a while longer until I also hear back from the city inspectors and the warranty company. I cannot accept for Fischer Homes’ assurances that everything is normal when my master bedroom is unfit for sleeping. If you can provide mediation and/or arbitration with Fischer Homes I will appreciate that.  If not, I will need to pursue further action through other venues.  Thank you for your assistance.

Fischer is trying to claim this is a warranty issue when it is not.  The fact is they provided us with a defective product from the start and were dishonest with us at the presigning walkthrough.  At the final walkthrough prior to the purchase, we pointed out the crack in the driveway and indicated we wanted it fixed.  We were told by Colt S[redacted] that the issue would be resolved at the 90 day inspection.  Then when it was time for the 90 day inspection, Fisher refused to fix it.  We could have easily refused to purchase the home until the issue was fixed, but instead we trusted them, not knowing they were lying to us.  We had numerous issues with our home:  Kitchen island installed crooked, master bath shower installed crooked so door would not close, drawer in powder room fell off hinges, door of vanity fell off hinges in master bath, egress window in the basement leaked water everywhere and many, many more.  All of the other issues I had noted were fixed, therefore we had no reason to believe we were being lied to and the driveway would not be fixed.  We are also being discriminated against.  I know for a fact that they replaced two other driveways down the street only for discoloring where they ripped out the entire driveway and replaced them....so why are we different? Our home was significantly more expensive than those of the homes where they replaced the driveways for discoloration which makes the issue even more frustrating.  Fischer has refused to tell me who the contractor is, why they fixed the other driveways yet they continue to treat us differently, and when our driveway was poured. I have no ability to know the exact date because they refuse to give me any information. I had a voice message from George E[redacted] which I will share if desired where he basically tells me Fisher refuses to answer my questions and they will no longer communicate with me via email.   I am confident this is because they are hiding information which would be in my favor.  I would like it if you could request Colt S[redacted] to put in an affidavit our conversation at the walkthrough regarding our driveway because he did tell my husband and I it would be fixed.  In addition, I would like you to request the name of the contractor and the date the driveway was poured.  If they are not hiding anything, I really can not understand why this is such a secret. I know from talking to my neighbors the contractor is [redacted], but I would like them to confirm it.  I have attached the inspection report.  I was able to figure out from going back through old conversations, emails, and photos, my neighbors driveway was poured Jan 31 and ours was very close following.  The inspection report shows a date of February 5.  Ours was poured sometime during the first two weeks of February.  I was mistaken in saying January in my original email...it was shortly after.  I know this because a friend who lives down the street closed the last week of February and our driveway was in weeks before they closed.  I will send the warranty packet in a separate thread, however in this case it is irrelevant.  It is not a warranty issue.  It is a defective product issue.Thank you for your assistance.

As has been stated in previous responses, Fischer Homes has evaluated the driveway and no condition exists that requires action.Fischer Homes and the customer have a legally binding contract.  Paragraph 25 of that contract is titled "Complete Agreement."  That paragraph states "No representation or warranties of any type are made or agreed to by any party hereto, except those specifically provided herein."  The customer has claimed that a verbal agreement existed, outside of the contract, for Fischer Homes to perform work on the driveway.  Paragraph 25 makes that an impossibility, and all Fischer Homes associates relevant to this matter dispute that claim as well.  Additionally, as previously stated, the documentation of the Home Orientation, Sign-off, and Initial Warranty also make it clear that the first time the matter was communicated in writing to Fischer Homes was at the Initial Service appointment, at which time it was evaluated and determined to require no action.The request for sub-contractor information and dates of pouring of concrete are irrelevant.  The customer's agreement is with Fischer Homes, not the sub-contractor.  Fischer Homes is responsible for the warranty obligations, as well as being responsible for disputing claims when needed.  The dates (or any other circumstances) are also irrelevant as there is no defect.  Concrete is poured year-round, it simply requires different procedures at different times of the year.  That information is covered in the manuals provided to the customer regarding warranty and care for the home.The request for dialogue related to other customers' homes is also not relevant.  We have an agreement and obligation to this customer on this home and we must, and will, meet those obligations.The customer has been provided with all relevant documentation.  The customer has also been provided with the courses of action that are available to them at this time.  Paragraph 23 of the contract is titled: "Right to Cure, Mediation, Arbitration of Alleged Defects, and Waiver."  This paragraph clearly outlines the steps available to the customer if they choose not to accept our decision regarding a warranty claim.  We are extremely confident in the accuracy and appropriateness of our position on this matter.While we always hope to resolve disputes amicably, there are those times when we simply disagree.  Paragraph 23 can guide either party in that instance.Thank you again to the Revdex.com for your attempts to provide a forum for dialogue.  We believe we have provided all relevant information at this time.

To the Revdex.com, thank you for providing a forum for customers and companies to resolve differences related to challenges that arise during the course of business. At Fischer Homes, we appreciate that service, and value the opportunity to bring closure to issues such as these.The details provided by Ms....

[redacted] are inaccurate as related to the obligations set forth in the Construction and Purchase Agreement signed by both parties.  Those documents clearly state that there are no agreements outside of those documents, and that any perceived agreements made outside of those documents are not valid.  Whether or not the customer had confusion as to deposits, versus special pricing fees, is irrelevant.  The contract documents are clear, and binding.This is clearly a case of a customer asking a business to enter into an agreement, and do work (the special pricing request) for the customer, and then the customer having a change of heart an requesting to be let out of their obligations.While we have no obligation to refund any portion of the deposit per the documents that were signed by the customer, we decided to refund the deposit but keep the fee related to the special pricing request that the customer asked Fischer Homes to do work on, which we did.  This is standard practice, and is clearly outlined in the documents.That said, we were surprised on 4/9/15 when the customer responded negatively to forfeiting the $500 fee for the special pricing request.  This information was provided to me early afternoon on 4/9/15. At that time I asked our team to process the refund of the $500.  Although the customer is not entitled to that refund, we executed that paperwork to provide to the customer.We have no plans to keep fees or deposits from this customer, although we are clearly entitled to do so.  We wish them the best in their search for a new home. Our expectation is that this matter is closed.

The goal at Fischer Homes is to have all customers be completely satisfied with all aspects of their home.  Unfortunately, at times, there are disagreements.  In those times, the Revdex.com is very helpful in facilitating dialogue, which we appreciate greatly.  The complaint regarding the...

driveway was evaluated by the Columbus Division Construction Manager, as well as members of the Corporate Construction Management team.  Upon that initial evaluation there were no conditions that required action as the cracks were within tolerance and the color is not covered under the warranty.  The contractual agreement between Fischer Homes and the customer defines the warranty obligations, which have been provided to the customer.  To be sure that there had not been any change to the condition of the driveway since our last communication, the driveway was inspected again when this notification was received from the Revdex.com.  As per the initial evaluation and decision, there are still no conditions that require action related to the driveway.  It is the nature of concrete that it will crack, and therefore standards are established to define when action is required.  The cracks in the customer's driveway do not exceed those standards.  It's important to note that if the crack did exceed the standard within the warranty period, replacement of the driveway is not the required action that would be taken.  The cracks would be filled if that were the case, which again, it is not.It is the intent of Fischer Homes to continue to honor our obligations to the customer with regards to any items that do require action during the warranty period.  As stated, the condition of the driveway does not require action from Fischer Homes.  We are hopeful that, with the assistance of the Revdex.com, we can move forward and continue our service to the customer if the need does arise.Thank you again for your assistance with this matter.

From: [redacted] [mailto:[redacted]] Sent: Tuesday, May 16, 2017 1:05 PMTo: [redacted]Subject: Copy of Response for Revdex.com Complaint #[redacted] Hello [redacted] from Revdex.com,Thank you for your assistance with my complaint [redacted].[redacted] and Fischer Homes have left defective/damaged HVAC ducts behind the walls (improper installation) that is now causing the clicking in exactly these vents and areas. The video and three photos to this email were taken during the pre-drywall walk-through of my house. [redacted]You can clearly see the HVAC ductwork that is damaged – crashed/pinched in the vents that are now causing the non-stop ticking in the family room and office and carried up through the ductwork in the master bedroom.  On the YouTube Video pause at 0:33. If you put your ear to the walls now, the pinched/damaged duct areas that you see on the photos are exactly where the loudest noises are heard.I would like to ask [redacted] and Fischer Homes to replace the damaged vents that are now causing the clicking noises.Please review this information and let me know what the next steps are.[redacted]
 
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[redacted]Hello [redacted] from Revdex.com,Thank you for your help.  This is in reference to my complaint [redacted].[redacted] and Fischer Homes have left defective/damaged HVAC ductwork behind the walls (improper installation) that is now causing the clicking in exactly these vents and areas. The video and three attached photos to this email were taken during the pre-drywall walk-through of my house. [redacted]

Thank you for providing us with this information, we appreciate the service that the Revdex.com provides to customers and businesses so that issues can be resolved quickly.  Somehow we had a breakdown in communication with our internal staff on Mr. [redacted].  He does have some items that need our...

attention and our Construction Manager has already reviewed those and has a plan in place to address.  We will bring closure to the items and do our best to make sure Mr. [redacted] is once again a fan of Fischer Homes.  We dropped the ball on the communication and will take care of it.

From: New Gmail [[redacted]] Sent: Friday, February 03, 2017 1:02 PMTo: [redacted]Cc: [redacted]Subject: Re: Revdex.com complaint [redacted], I find your response quite humorous. You certainly have not provided an adequate response. 1) Who was the company who poured our driveway?2) On what date and what time was our driveway poured?3) Why are you discriminating against us? We KNOW you ripped out and replaced at least two other driveways in our neighborhood because they had blanket marks from being poured in unfit weather conditions. Yet you refuse to provide us with the same level of service you provided to our neighbors. These are not difficult questions. We have asked these questions so many times we have lost count. And yet you continue to hide information and refuse to answer these very simple questions which we absolutely have a right to know regarding our 637k house. Let me be crystal clear.......we want this taken to arbitration. I have copied the Fischer Warranty department. I would like a response from someone at Fischer indicating what the next steps are to get arbitration set up as you have refused to handle it through the Revdex.com. I would also like this entire thread of correspondence to be listed on the Revdex.com site to warn other potential customers of the hassle they will face in dealing with Fischer. Sent from my iPhoneOn Feb 3, 2017, at 9:36 AM, [redacted]> wrote:Thank you again to the Revdex.com for offering assistance with this matter.  We appreciate the efforts thus far and, as always, value the opportunity to reach an agreement with our customer by using your services.Both Fischer Homes and our customer are legally bound by our mutual contract with regards to methods of resolving disputes, and in particular, with the method and entities used for arbitration. Paragraph 23 of the contact between Fischer Homes and the customer, “Right to Cure, Mediation, Arbitration of Alleged Defects and Waiver,” states the following regarding any claim, dispute, or controversy related to the contract or the home:“If the claim, dispute or controversy is not resolved to the parties’ reasonable satisfaction, either party shall initiate, including the payment of any applicable fee, a mediation procedure with the local office of the American Arbitration Association, such mediation to be conducted pursuant to its Construction Industry Dispute Resolution Procedures.  If the mediation does not result in the complete settlement of the dispute, then any unresolved claim, regardless of the legal theory under which it is brought, shall be settled by binding arbitration administered by the American Arbitration Association pursuant to its Construction Industry Dispute Resolution Procedures, except to the extent that specific arbitration provisions are set forth herein.  Regardless of the location of the Home, the claims shall be adjudged by using the Industry Standards Manual published by the National Association of Homebuilders in effect as of the date of this Agreement as the relevant and applicable building standards.  Judgement of the arbitration award rendered by the arbitrators may be entered in any court having jurisdiction thereof and shall be binding and conclusive as to all parties and no appeal may be taken by any party.”The American Arbitration Association, pursuant to its Construction Industry Dispute Resolution Procedures, is the required entity for any further action related to this matter.  We have communicated this to the customer.  We have also provided the very specific standards contained in the Standards Manual of the National Association of Homebuilders that will be utilized to evaluate this claim if the customer does choose to proceed with arbitration.  We are extremely confident that there is no condition related to the driveway of the customer that is not within these standards, and as such, we are equally confident that no action will be required of Fischer Homes by the American Arbitration Association.  However, if the customer wishes to proceed, they have the contractual right and obligation to do so with the American Arbitration Associate, not the Revdex.com.Again, we thank you for your efforts regarding this matter.  We believe that we have provided adequate responses at each stage of this dialogue.  We also believe that our documentation of the timeline of events, and the specific standards related to the claim that would be applied by the American Arbitration Association, would result in a ruling in our favor and we are prepared to present our case to that entity if needed.  Thank you.Jon J[redacted]Fischer Homes - Columbus###-###-####

First and foremost, I'd like to thank the Revdex.com for the role that you play in assisting consumers and business in resolving disputes when they occur.  It is an invaluable service, and we appreciate your efforts.  Mr. [redacted]'s documents that he provided to the Revdex.com regarding this matter...

actually include our formal response to all issues brought forward.  Please see pages 13 and 14 of his attached document.  I have also attached a copy of that letter as well.  I believe that it correctly represents the events as they occurred, and each parties responsibilities per our contract.The summary is that the contract between Mr. [redacted] and Fischer Homes is very specific.  It was for the construction of a specific home on a specific lot.  Mr. [redacted] requested a custom change, which was reviewed and denied because it was not possible to easily do given the plan that he had chosen.  While Fischer Homes is not obligated to relieve Mr. [redacted] of his obligations per the contract, and the contract was not contingent upon approval of that customer change being approved, we did release him from the contract as we understood that it was an important feature to him.The attached letter also references specific portions of the contract relevant to Mr. [redacted]'s concerns.  Essentially, no verbal discussions are relevant, and the contract is the entire agreement.  That is to protect all parties from miscommunication.  Fischer Homes has gone above and beyond our contractual obligations in mitigating this matter.  We are contractually entitled to the $3000 deposit, and per the agreement could have constructed the home and enforced specific performance on Mr. [redacted] if he failed to close on the home.  Instead, we listened to his concern and understood that he was hoping for something that we could not provide.  Although not required to do so, we released him from his obligations and refunded his deposit.  We believe that is more than fair, and more than required.All Fischer Homes associates operated within the appropriate guidelines.  No further action is required on our end.  Sometimes disagreements occur.  We try to find a fair solution, and believe we have done that in this case, and consider the matter closed.We wish Mr. [redacted] luck in his pursuit of a new home.Thank you again to the Revdex.com for assistance in this matter.