Fred Smith Company

I am a resident of Riverwood. I use both Riverwood and Lionsgate facilities. I just would like to take the time to say that the girl that works Lionsgate is always pleasant. She does not wear bad days to work from what I have seen and respects every person that walks in. Ive seen her at Riverwood once or twice, and even then she smiles. Great asset to have, keep up the good work!

Complaint1 year home warranty. Supplied builder with multiple issues that need to be fixed. 30 days later nothing is taking care of and/or poor repairSupplied builder with repairs needed as 1 year home warranty was up ( Nov 7 ) as we were told to do. 30 days later now and multiple phone calls made. Nothing is taken care of to our satisfaction. Nail pops were repainted however paint color does not match and looks worse than original problem. Had issues with sheet rock/caulk above doorways and closets that were poorly addressed and look same as before they were "repaired". Poor customer service. They were expected here 12/5. Spoke with rep 12/4 that builders were delayed and he would be in touch with us the morning of 12/5 to confirm. No call no show. Our schedules were rearranged for nothing. Finally, water damage from broken fridge that ultimately damaged our laminate flooring in kitchen. We have made multiple phone calls with rep to address this problem. However, since the laminate flooring has been discontinued, the entire floor must be replaced. They keep giving us the run around because they want whirlpool to pay for the floor. Although we have addressed the issue with whirlpool and are working on getting them the information they need to repair, it will certainly take many months for a response and ultimately they probably won't fix it. We feel the Fred Smith Company needs to address this issue, not [redacted]. The Fred Smith Company needs to step up and honor their warranty. No one wants to listen to us despite multiple phone calls. We feel 30 days is a reasonable amount of time to have addressed these issues. Desired SettlementPlease honor your warranty and adequately fix the problems within a reasonable amount of time. Honor your commitments, if you say you are going to be here to fix something, make sure you are. There are multiple areas in the kitchen/dining area that are uneven and warped that have nothing to do with the area near the fridge that was damaged from water. It's not our fault that the flooring was discontinued and you can't find enough to make repairs. So replace it or compensate us monetarily for the value of the floor. Business Response The homeowner, [redacted] submitted her "One Year Builder Warranty Services Checklist" requesting service for ten different items in late October. The first item on the list specifically states "Kitchen/Dining floor - multiple areas uneven/warped". The homeowner is referring to floor that was damaged as a direct result of a defection in their [redacted] refrigerator. On a weekend in late August, the homeowner contacted our builder to inform him that their refrigerator was leaking. The builder instructed the homeowner to turn the water off on the back of the refrigerator until the builder could come and evaluate the leak. On Tuesday of the following week, the builder went to the home and determined the leak was due to an internal problem with the refrigerator and not due to an issue with the plumbing or the line going into the back of the refrigerator. The homeowner also showed the builder some damage to the flooring in the area surrounding the refrigerator that had been caused due to the refrigerator malfunction. The builder contacted [redacted] and informed them of the issue. They referred our builder to [redacted] and arrangements were made for a [redacted] Rep to come fix the issue. Our builder met the [redacted] Rep at the home the day of the repairs to determine what actions needed to be taken to have [redacted] cover the cost of repairing the damaged floor.The [redacted] Rep told the homeowner to call [redacted] and inquire about getting a claim form. The homeowner received the claim a few weeks later and called our builder to request a quote to replace the damaged area. Our builder referred them to our flooring supplier, [redacted]. Unfortunately, the color variation originally used was discontinued and [redacted] only had enough left in their supply to repair a small area of damaged floor unrelated to the damage caused by the refrigerator defect. [redacted] provided the homeowner with a quote to replace the entire floor with a new color variation due to the discontinuance of the original.The above mentioned sequence of events was handled properly and efficiently by Fred Smith Company builders. The builder's original assessment of the refrigerator malfunction was correct as proven by the [redacted] representative who visited their home and repaired the defect in the refrigerator. Fred Smith Company takes great pride in the homes that we build and strictly adheres to industry regulations and standards known as construction performance standards. The construction performance standards hold builders responsible for defects caused by faulty workmanship and defective materials due to non-compliance. Unfortunately this case is complicated because of two different factors. The floor damage was the result of a system defect in the refrigerator, which excludes it from being covered in our warranty. Defects in appliances, fixtures and equipment are not covered by this warranty because they typically include their own warranty provided by the manufacturer. In this case that would be [redacted]. The damage to the floor was clearly caused by a defect in [redacted]'s refrigerator. Fred Smith Company is not responsible for losses, damages or other conditions which are not a deficiency or defect of their builder's construction. [redacted] manufactured the refrigerator and is therefore responsible for the damages that occurred as a direct result of their product's defect.The second factor complicating this particular case is the discontinuance of the original floor color variation. Under our warranty, the builder is not responsible for discontinued floor color variations. While we are happy to use the limited supply of the original floor color variation to repair the original spots noted by the homeowner on their checklist, we are not responsible for the area damaged as a result of the refrigerator malfunction. The homeowner is responsible for following through with [redacted]'s claim process and achieving their desired resolution. We are happy to assist by offering price quotes if necessary but the homeowner is ultimately responsible for reaching their desired resolution with [redacted].In conclusion, Fred Smith Company sincerely regrets any inconveniences that resulted from the originally scheduled repairs on the homeowner's checklist. Fred Smith Company builders will gladly fulfill their remaining obligations from the original warranty checklist submitted by the homeowner. We sincerely hope that [redacted] fulfills their obligations under the manufacturer's warranty in a timely manner resulting in the homeowner's desired outcome.

Having issues with a brand new home that the builder won't fix, and/or won't fix in a timely mannerI purchased my new home in Smithfield, NC, in November 2014. The purchase came with a one year "craftsman/workmanship" warranty. Starting before I closed on the home, which I naively closed on at the urging of my agent, I identified a series of issues with the home. Some of these issues, and others, are still a problem six months later. The builder hired a lawyer to deal with me, and there has been communication back and forth regarding my complaints and what, if anything, they're willing to do about them. The unresolved complaints are as follows:The builder failed to seed and straw the backyard. There are large spots in the backyard with no grass and it looks awful.The ceilings throughout the home aren't level. The builder claims they are up to code. The builder has attempted to repair them 3 times, now claim nothing is wrong. There are unfinished walls in the bathroom and kitchen, and spots that need to be painted in one of the bathrooms. The builder says they'll fix it in November. The deck was originally stained when it was raining and there are bare spots. There are boards that are warped as well. The builder says they will fix the item next week. I am doubtful. Boards and rails on the deck are uneven and some are loose. The builder says they will fix the item next week. I am doubtful. There are large cracks in the master bedroom and bathroom and the contractor at one point wrote MUD and never came back. So now I have cracked, written on walls. They said they'll come back in 6 months to fix it. Stagnant water forms and sits for days, sometimes weeks, at a time. The builder claims they have fixed the issue. It is not fixed.There is an area between the driveway and the ground that is going to cave-in eventually. The builder patched it with sod. It needs to be supported by concrete. The water in the master bathroom takes 5 minutes to get hot. A plumber has been out once to "fix" the problem. The problem is not fixed. Cracks in the foundation. The builder says they'll "patch" them. The builder will no longer deal with me and have hired an attorney to communicate, turning the process into a slow, bureaucratic, one.Desired SettlementI am seeking one of the following settlements from the builder:Fix everything that is wrong with the house.After I hire a General Contractor, structural engineer, landscaper and plumber, the builder will pay for the work to be done.Buy the house from me so I don't have to deal with these issues anymore.Business Response All landscaping issues have been resolved.Ceilings are within 1/2 inch of level over 32 inches and have been inspected by the builder, drywall contractor and framing company.. This is the industry standard and also found in section 4 of the [redacted] Warranty Packet.The unfinished and cracked walls will be addressed during the one year warranty checklist process.Builder has requested access from Ms.[redacted] to return and fix the deck issues, but she has yet to respond and allow access.The area referenced by the homeowner as collecting water is beyond the property line. The builder addressed the drainage issue by clearing the swell and applying new sod in addition to clearing out various ditches which had previously collected water. The issue is deemed resolved by the builder.The driveway was repaired on May 21st. by installing addition sod to alleviate the gap. There are no structural issue as determined by the builder.The builder was not aware of the issue with the hot water, but will address the issue during the one year warranty checklist process.Foundation cracks have been patched. Section 3 of the [redacted] Warranty Packet states that cracks greater than 1/8 inch will be patched. The cracks in question are less than 1/8 inch, but have already been patched.The builder believes that Ms.[redacted] is simply unhappy with her choice of home and is looking for any way she can to get the builder to buy the home back from her.Consumer Response All landscaping issues have not been resolved. I've had to hire and pay for a landscaper to come to seed and straw the backyard since FSC didn't. There is still sitting water a week after it rains in the front ditch and backyard. So, how was that fixed? I have hired a structural engineer to provide an assessment of the not-level ceilings and will provide those findings to FSC's attorney. The unfinished and cracked walls that were written on by your contractors and were not fixed is an eyesore and it shouldn't take FSC 10 months to fix it. The issue was first reported in February and they now won't come back until November. Come and fix the deck anytime, just let me know when. And thanks for doing this before November.The builder's project manager, [redacted], was made aware of the hot water issue in February 2015. he came out to "fix" it with a plumber. Not fixed. Not all foundation cracks have been patched. I want to love this house, but it was poorly constructed and the builder has been seriously lacking in the service department since the home was closed on. No new homeowners on the street are satisfied and it's just a matter of time before other complaints start coming in. I only want you to buy it back if you're not willing to honor your one year warranty.

I am writing this in regards to Fred Smith Company and [redacted]. I have been trying for over 18 months to finish a list of warranty repairs and H.O.A. requests for property maintenance. I have been given false information, referred to people who won't call back, or ignored totally, every website, phone number, etc. that I try just takes me in circles. Can anyone help me? I just want these items addressed as I was promised when I bought this house, seems as though they are more interested in building new homes and renovating downtown Clayton than they are with taking care of existing customers. Does anyone there actually have the authority to get things done and follow through? How about having Fred Smith or [redacted] call me?
","pos-1

The company repeatedly neglects its written responsibilities as to HOA maintenance, even when provided empirical evidence of neglect.The HOA for the community I live is knowingly negligent of their written responsibilities. I have been requesting attention be made to a couple safety concerns that the HOA is responsible for as clearly written in its own by-laws. Since May I have been asking for their assistance(email proof) with these items which include an overgrown tree hanging directly on top of one of the vehicles in the driveway in which my 2 year old has to walk under to get to the car. In the common area behind my townhouse the yard floods and creates an insect problem along with mold growth. Multiple families children and pets play in this area. Since pleading for help since May I have combed through the documents and have found that every community member here is being neglected as well. I have reached out through [redacted] to a lot of residents and made them aware that their money is collected and rights neglected. I found a position of "neighborhood representative" held by [redacted] in the articles, and when I pleaded with him the concerns I had for the safety of many residents I found out(in bylaws) that he cannot represent us as he cannot represent our best interests because he is not a resident of this community and does not see the mold collecting on every house. I have presented the HOA president [redacted] with empirical evidence directly from the bylaws that states the requests I have made were within the rights given to me by the same document. I have also requested a copy of 2015 and 2016 budget which is also my right according to North Carolina statues on HOA. This same request was made by another member before and he had to get a court order for Fred Smith Company to release this information. We pay monthly, and I have lived here for 7 years and have never requested anything. They have blatantly neglected their responsibilities and these are safety concerns that go unanswered or generically responded to. Our "representative" and the president of HOA have denied me a meeting as also written in the covenants is my right. There has been publicized complaints about this HOA before http://www.newsobserver.com/news/local/community/garner-cleveland-record/article...⇄ SettlementI would like all of the written and signed responsibilities stated in the HOA covenants to be honored and performed.

My complaint involves how the company handled the termination of my lease. I was lied to during the process which made me make the wrong decision.On February 10th, I emailed the leasing agent for my town home regarding breaking my lease since I was looking to buy a home. I was told I had three options; I could pay out the entire lease, pay 2 1/2 months, or pay until someone moves in. When I turned in my notice on May 8th, all the paperwork I received said I had to pay the 2 1/2 month termination fee so I figured I would just get a partial refund when someone moved in. When I received a call regarding my security deposit refund I asked about the partial refund for the termination fee and they told me that I wouldn't get any refund for the 2 1/2 month termination fee. They said if I had wanted the third option then I had to keep paying rent at the beginning of each month until someone moved in, but this was never mentioned in any of the paperwork I received. If I would have known this then I would have obviously kept paying the rent at the first of the month until someone moved in because it would rent out pretty quickly. Also, I paid a full month's rent on June 1st, but set my last day to be June 12th. When I asked about receiving any refund since I was not even there half a month, I was told that I wouldn't receive any refund for the rent. If I would have known that I would not receive any refund on the rent, then I would have just said my last day was at the end of the month. Desired SettlementI am seeking the difference between the 2 1/2 month termination fee ($1,787.50) and the time when someone moved in. Also, I am seeking a rent refund for June 13th through June 30th that I paid and was not there ($405.17).

Signed 12 month agreement and payed in advance - was forced to pay for 13th month or be sent to collections.I had previously been a member of [redacted] (Fred Smith Company) and paid on a monthly basis. After 12 months wanted to cancel and was told I had to give 30 days notice so I was forced to pay for a 13th month as a result. This time when joining I was clear that I was paying for the full 12 months because 12 months of membership is all I wanted. The day after my 12 months was up Riverwood started calling asking me for my payment for my next month. They stated I needed to sign a cancellation document to actually be done with my membership. The name of the contract that I signed was "12 Month Contract Agreement." Regardless of what the fine print says, I agreed to be obligated to my membership and dues for 12 months. That contract is good for 12 months and is the only contract signed between me and Fred Smith Company. On the day [redacted] called asking for my 13th month payment, the 12-month contract was no longer valid. 12 months had passed and I did not sign anything for any further days of membership. If I didn't pay them I would be sent to collections. I would be sent to collections for not paying for a month of membership that I did not want and never agreed to receiving. They have no documentation stating I desired for my membership to be active for this 13th month. The reality of this situation is Fred Smith Company is guilty of theft for any months of membership they take past the 12 month agreement without any documentation stating the customer agrees to further their membership. Regardless of what is in the 12 month agreements fine print it is only valid for 12 months. The 13th month is not and will never be legally bound by the terms of a document that has a 12 month time frame. You can't name something a 12 month agreement and make it binding for longer than 12 months. That is a hugely dishonest business practice and false advertising and highly illegal. I am considering legal action and have a lawyer willing to proceed pro bono.Desired SettlementI should be refunded the $211 for 13th month I never agreed to pay when I signed the 12 month agreement. I should also be refund for the 13th month I was charged during my first membership.Business Response Mr. [redacted] reinstated his membership on 01/25/2015 in which he signed and initialed next to the following lines on his membership agreement: "Member agrees that this Agreement is a twelve (12) month membership agreement which automatically renews on a month-to-month basis at the end of the twelve (12) month term.""In order to cancel membership after initial year, Member agrees to provide at least a 30-day written notice prior to monthly draft date." Mr. [redacted] filled out his 30-day written request to cancel on 01/27/2016 and his membership will be cancelled effective 03/01/2016.Documentation can be provided if needed. Consumer Response The response from the business says it all. Membership will not be granted if that clause is not initialled. I verbally made it known I wish to cancel after the 12 month agreement was over the day I signed the agreement. The 30 day notice should have been provided at that time. Why is 30 days notice even needed? Does it cost the business any money to cancel a membership? Would cancelling the day of request cost the business any money other than lost membership dues for a month of membership not wanted by the customer? It shows the intent of that clause is to try and squeeze an extra month of revenue out of each membership agreement. It is malicious. Fred Smith Company clearly has shown the bottom line is more important than what is right and wrong. Customer satisfaction is obviously not important to this business.

I am highly disappointed and upset with the service of the employees I have been getting from this company. It seems noone cares about the customer in this company and is failing to call me back with a resolution to this huge problem that one of there managers have created and is continuing to escalate. I wrote a review on this company and recieved a very disgusting response from the actual manager that has caused this problem I am having with fred smith. At the hedingham property the manager by the name of [redacted] treats and talk to the residents very badly to the point where I never want to go and ask for any maintenance I need done to my town home.This problem is escalating and no one has yet to try and resolve this problem not caring that I pay over a thousand dollars for my old ragedy townhome and on time each month.","neg-1