Fulton Homes Corp.

As a current Fulton homeowner I wish someone would have given me a warning to stay away from this builder. I've built four new homes in my lifetime and Fulton homes is only builder I've had issues and heartaches with. The home is supposed to be energy efficient and advertised quality construction. I hired a unbiased third party certified inspector who found major defects. Fulton homes was given the inspection report and choose at the framing stage to ignore it. Now months later I had to file a complaint with the Arizona registrar of contractors to get the issues addressed. My home was built during the construction boom and experienced labor was hard to find. My home was not built according to the blueprints...Fulton homes says blueprints are only guidelines. This is a track home, not custom built and should be consistent with the others in the community. Quality is only as good as the contractors working on it.

Fulton Homes is in the process of contacting Ms. [redacted] to address these concerns. As soon as we have contacted her we will proceed in completing her service requests to the best of our ability.

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

The only way my wife and I will be satisfied is to have the granite replaced. An investigator from ROC/Attorney General will be here on 20 February 2014. Fulton Homes is not the one flipping the bill, Heritage Interiors is the subcontractor that installed the granite and needs to replace it. Fulton Homes needs to pressure Heritage Interiors to make the situation correct. It not my fault Fulton Homes used such an inept subcontractor to build their homes, but Fulton Homes needs to take the responsibility. It may be time for Fulton Homes to find another subcontractor.  Last but not least when[redacted] from Heritage Interiors came to my home he never once identified himself as an employee of Heritage Interior, so I was deceived from the beginning. This is a matter of integrity and that another Veteran is not taking advantage of. Thank you!

Regards,

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

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

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

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

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

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

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

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

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

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

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

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

To whom it may concern:

This letter is in response to the above mentioned complaint.

Fulton Homes is in the process of addressing the complaint

filed by Mr. [redacted] in a timely and acceptable...

manner. Our Contractor

along with the cooperation of Mr. [redacted] is in the process of completing the

remodel of the kitchen backsplash.

Sincerely,

[redacted]Director of Customer Care

Fulton Homes Corporation

The builder has admitted problems with their subcontractors in this neighborhood causing significant delays in their build out times. Such problems should not be passed to the potential buyer. I am asking for a partial refund as the website was not clear on the status of move in date caused by Fulton Homes and their sub-contractors.

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

I have reviewed the response made by the business in reference to complaint ID [redacted], and find...

that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,