Complaint: [redacted]I am rejecting this response because: This answer is unacceptable. Hiding behind 'act of god' does not negate the duty and responsibility this company failed to adhere to. It is true that there was a heavier than usual rain in Buda on October 30th but this does not negate the fact that we complained and brought it to your attention multiple times about the inadequate drainage and nothing was done.
I applaud you for the sincere condolences you have expressed on this public forum as these were not the comments made to me on the phone. I was threatened, harassed, and belittled by several of your employees; namely [redacted], and [redacted].
Gehan Homes is always striving to make the construction process as smooth as possible, and when miscommunication or mistakes happen we look to correct those quickly and fairly for our future homeowners. Gehan Homes regrets any construction or communication setbacks that have occurred with Mr....
[redacted], however Gehan made quick and fair corrections and concessions that Mr. [redacted] agreed upon and decided to move forward with the build of his home. Gehan Homes has corrected any issues that have occurred and are offering to refund more than what is required by the contract that Mr. [redacted] agreed to and signed. Gehan feels we are being more than fair with what we are offering.
Complaint: [redacted]I am about to close on a home with Gehan Homes and have several issues that have arisen that have not been adequately addressed by Gehan. 1) I upgraded to a one bowl stainless steel extra depth kitchen sink and throughout construction observed sub-contractors utilizing the sink for cleaning brushes and other equipment despite having a utility sink in the garage and water spigots on the outside of the house. The sink was also cleaned several times throughout build by Gehan. I noticed that the sink has since obtained many scratches and there are warranty restrictions on the care of the sink and I fear this may have voided that warranty in addition to giving me a "used' product" in a new home. The sink also does not properly drain and leaves standing water in the bottom of the sink basin. Gehan has refused address these issues. 2) The hot water heater that has been installed in my future home is beginning to rust. This was noted during the pre-drywall inspection by my independent inspector and at final inspection. The inspector noted during the pre-drywall inspection that the water heater was sitting in a pan full of water as a consequence of being installed in a home that did not have a complete roof during a period of torrential rains. The inspector reported that rust is corrosive and once begun continues to progress into a possible default of the appliance. Gehan has refused on two occasions to address this issue and replace the hot water heater as recommended by a licensed inspector in the state of Texas. Consumer’s Desired Resolution: I am looking to Gehan to uphold their promise of delivering a quality product by replacing the damaged defective sink and the damaged hot water heater.
As stated previously, any damages to the customer's home were a result of the flooding caused by massive rainfall amounts experienced in various locations throughout Hays County on October 30, 2015. It was no way caused by the addition, or no addition, of topsoil to a low spot in the yard. Gehan Homes regrets any damage caused by an act of god such as this, but is not in a position to address any issues caused by this incident. Gehan Homes will continue to address any warrantable issues not related to this flooding for the remainder of the warranty period. Thank you for your inquiry.
We contacted Ms. [redacted] and discussed the situation onWednesday 5/20. There was apparently much misunderstanding involvingtheir chosen lender and realtor, but we were able to reach a mutual agreementabout the closing and the applicable fees. The [redacted]’ were able to moveforward with the purchase of the home and close escrow on the home this pastFriday. I believe that all parties consider this matter resolvedsatisfactorily.
Mr. [redacted] contracted on [redacted] in Arcadia on November 25th. The contract was executed on November 28th. This home was offered and purchased at a $59,359 discount due to the agreement to close within 21 days of signing. This contract was also written non-contingent with the contractual...
understanding that if this contract is terminated for any reason, all deposits are non-refundable. This home was taken off the market for the [redacted]’s which has put Gehan Homes in the position of not being able to market the home in time to re-sell and replace the companies loss for this year. In addition, Gehan’s Sales Counselor did communicate with the buyer that if they decided to cancel they would lose their deposit and even offered an additional closing costs to assist the buyer with less out of pocket at the closing. The buyer declined the additional assistance and acknowledged that he understood that the terms of the contract would be upheld with the direct response that “its only one five though.” This was a reference to the $1500.Gehan Homes is willing to apply the Buyers deposit to another purchase but will not be refunding it. A copy of the cancellation will be re-sent to the buyer.[redacted]Division ManagerGehan Homes – San Antonio
Thank you for your inquiry. We appreciate the candid and thoughtful comments. While we understand the customers desire to have a gated community, Gehan Homes has never represented, in writing or otherwise, that this community was going to be a gated community. That would be the decision of...
HOA, through its members, to evaluate and decide upon the installation of an owners only access gate. With regard to the appraisal (a copy of the referenced appraisal has been attached), please understand that independent licensed appraisers in the State of Texas are a third party entity which have no affiliation to Gehan Homes. The particular appraisal referenced, in 28 pages of documents has a single one word reference to a gated community in a general overview of the community, which is obviously an oversight on the appraisal company's (Residential Appraisal Specialists) part. Nowhere else in the report was it mentioned, nor was it referenced in the comparisons and evaluations in calculating the market value of the residence in question. If the customer would like further information, I would urge them to contact Residential Appraisal Specialists directly. I believe their contact information is in the report. Again, we appreciate the inquiry and hopefully this has shed some light on this topic. Thank you.
Gehan Homes will call the home owner and set up and inspection of the property in the next week. Upon inspection, we will create a plan to assist and/or correct the electrical. Gehan Homes stands behind it s work and if there is indeed a workmanship issue, especially one that compromises the...
safety of the home owner, then we will gladly fix it.
We do appreciate the customers input, but to reiterate all information used by an appraiser is collected through them. Gehan Homes are not appraisers but are almost certain that an appraiser would not use features or conditions for a property that do not exist at the time of appraisal. And the community does not have a members only gate. Again, thank you for your inquiry.
We regret that Ms. [redacted] did not like the choices and
pricing of upgrades at the Design Center and has chosen to terminate her
purchase agreement. The earnest money requirements and standard features of the
community are documented and signed by the customer as part of the...
purchase
agreement. Earnest money is refundable only in the event the buyer
performs according to the contract and cannot secure a loan qualification, or
in the event that the seller defaults. Since neither of these situations existed, Gehan Homes
acted in good faith and began the process of preparing the home for start of
construction; the earnest money will be retained by Gehan Homes according to
the contract.
With regard to the light fixture in the master bath vanity, the standard that is shown in the catalog is for a single 4 light fixture for a single contiguous vanity top (4 bulbs). When a master bath has a split vanity, as this customer has on their plan, the light fixture layout calls for...
two 3 light fixtures (for a total of 6 bulbs). This is what she received in her home.With regard to the stainless steel tilt out tray, the cabinet supplier is going to replace the existing tilt out sponge tray with a stainless steel sponge tray.Thank you.
Complaint: [redacted]
I am rejecting this response because:the substance of the business response continues to not address the basic premise of the complaint. I do not feel a company should have free reign to choose what the term "NEW" will be.I would never accept a new product from any company that had scratches and /or rust spots as those conditions belie the term! New is NEW no matter the business!
Regards,
[redacted]
Thank you
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.
Regards,
[redacted]
Gehan Homes takes 100% responsibility for representations and mistakes that are made by Gehan Homes. It was not a mistake to offer the buyer an option that was made available for something that they wanted done after closing. The exact location of the electrical placed and signed off on by the buyer could have been presented to the pool expert prior to the home being dry-walled and Gehan would have gladly made the change. We are not responsible for the fact that more thorough communication did not take place to insure that the exact location needed for the pool company was accomplished. Gehan has contacted the electrician and gotten the price to move the electrical down to $200. The builder cant be expected to take all responsibility and the home owner take zero responsibility. To acknowledge "I dont care what I signed" doesn't change Gehan Homes position that this is what we are going by.
Gehan Homes will contact Mrs. [redacted] today, 6/28, to review any outstanding items and set a time to do any necessary repairs covered under the Gehan Homes and Home of Texas Warranty.
Complaint: [redacted]
I am rejecting this response because: Dear Mr. [redacted], Thank you for finally giving a response we have long awaited. We are sorry this communication needed to take place with the Revdex.com, but we began to run out of options as no one within the Gehan organization would respond. To date we still have not received any documentation in regards to our cancellation. We do not agree with some of your response and feel it is because you were given inaccurate information and would like to discuss things a little further in person to clarify any confusion. Would you be available to meet or at the very least discuss via phone? Please contact us directly.
Regards,
[redacted]
Complaint: [redacted]
I am rejecting this response because:
Ms [redacted],
Thank you for your timely response and we hope you can assist us to resolve the situation with the home-builder. I have just returned from Afghanistan today in the interest of meeting to attempt to resolve the the existing conflict over the home.
We do not accept Gehan Homes response. Really, their response is not even a response, but strikes us as a rehearsed, stock, legally risk averse, noncommittal answer. So they told you the exact company line they have been feeding us.
We would like to find a resolution to this impasse. We are willing to purchase the home if the builder will correct the deficiencies we require. And would welcome a disinterested party, such as yourself, doing a walk-through of the home with us and the builder to discuss our concerns and work towards a resolution. We are willing to take part in an arbitration to move this matter to an acceptable conclusion.
We would also encourage you to speak to our Realtor, Mr [redacted] at D’Ann Harper – Coldwell Banker, to discuss his professional opinion on the current situation and maybe he can enlighten you on Gehan’s lack of regard for us as consumers and failure to correct the identified deficiencies. His email is [redacted] and his phone number is [redacted] or Cell [redacted].
Also, we would like to provide you with a large number of documents, emails, and photos for your review with the complaint. Please let us know how to get these items to you.
In answer to their “points” in their stock response, we already outlined our issues in the initial complaint.
We require them to answer each item directly including the additional items identified in this submission. The blanket answer is not sufficient and does not explain what they have done; what they failed to do; what they refuse to do; or what they are willing to do to resolve this situation.
We will address each their “points” much as we expect them to address ours in turn.
- The customer was allowed to personalize the home by selecting structural and design options. All options that were selected and signed for by the customer have been installed.
Yes, we did have the opportunity to select our design choices. However, we expressly stated dozens of times we “wanted it just like the model home” and if we did not expressly change an item they should have remained as defined in the model build per the verbal agreement and the builder’s verbally expressed agreement they could do what we asked. Especially, the hardwood stairs, which do not conform to documented or stated design standards which I will address later. The builder and the design reps did not adequately explain what was in the design sheets vice the model build sufficiently for us to understand their technical terminology; document what we asked for and expected as the model build with some modification; or cross-walk the design sheets with the model build and ensure any discrepancies were clarified and corrected. Although there is a written document which we signed; we did not fully understand the entirety of the document and their terminology; but rather trusted the builder had done due diligence to ensure they captured what we had asked for and agreed to.
- The home in question is built to or above industry standards.
Again, another stock answer. We dispute this is completely true. We request to see the written standards they reference.
As part of our home buying process, our Realtor had an independent inspector, Hawkeye Real Estate Inspections, inspect the home. We have not been given confirmation from the builder the deficiencies, many building code deficiencies, identified have been repaired to the code standards. I would assume the building code is an acceptable standard by which to judge the builder and as there are code deficiencies, their contention the home is built to industry standards is obviously false.
Our inspector identified the following deficiencies during the inspection process – Grading and Drainage allows pooling water; Damaged Vent Hood Cabinet; Corner Trim Boards Missing; Stairs were not complete at time of inspection; Inoperative outlet; Damaged light fixtures; Vent pipe loose and unsecured; Outside air conditioning unit is noisy and should be investigated for cause; Missing duct grill; Blocked duct in front bedroom; “No shut of valve was observed on the house side of the main water meter and should be added as per current standards of practice.”; No water pressure regulator; “The gas line insulated yellow wrap is puled back exposing the center pipe in the attic leading to both furnaces. The pipe are also not properly secured and should be properly secured to prevent from moving. This conditions should be further evaluated by a licensed plumber and all repairs made as necessary.”; “The gas lines in the attic do not appear to be bonded. This conditions should be further evaluated by a licensed plumber and all repairs made as necessary.”; No cold water in upstairs tub; Water temperature is 121 degrees and should be adjusted to below scalding level; “The vent pipe serving the dryer vent in the attic does not have safe clearance from combustible materials.”; Range hood light inoperative; Cook top not properly secured; Sprinkler spray heads are hitting the exterior of the home and need to be adjusted; and Back flow is not properly insulated. So again, these “industry” and code standards have not been met so their assertion the home is built to these standards is false.
We would especially like to see the home builder’s and “industry standards” for the stairs as all the hardwood stair builds I see on home sites such as Zillow and Realtor are not a color mismatched hodge podge, but are professional looking single tread designs. As referenced earlier, the stairs are very poor workmanship and appear to just be thrown together. They are not what was promised or expected. And the medium oak trim is a color mismatch with the dark walnut finish of the stair treads and floors. Additionally, the design sheets for the change to the wood stairs show the color selection as dark walnut for the railings and trim not medium oak which has not been corrected. The dark walnut is the proper match to the floors and stair treads and should be corrected to adhear with the written documentation the builder continues to reference.
- We have been in constant communication with the customer and their Realtor throughout the build process.
Mostly true. However, the builder has not actioned many of our early communications to correct deficiencies as we identified them throughout the build, but continually put off the repairs telling us “wait until the walk-though”. The main problem here is the builder wants us to walk-through the home and close the same day with no intervening time to correct identified problems, but rather only promises to fix them, likely following closing. I doubt this is a normal approach to the walk-through and closing process. We feel this is a high pressure tactic designed to force us to accept the home as is and sign rather than us signing once the home is truly ready.
- We allowed the customer to make a late change adding wood flooring to their stairs. The wood flooring that was selected and signed for by the customer is now installed.
It is true the builder “allowed” a “late change”, which we paid almost $12,000 for and which should have been a high quality upgrade. The stairs were one item we had insisted on having as part of the build from the very beginning and which they failed to install as verbally agreed. And again, the home builder and design reps did not ensure this was in the build specs even though they verbally agreed the stairs would be done. We told them numerous times throughout the build process and were assured the stairs would be done, but they were not done when the home was built. We and our Realtor had them make the “late change” and paid almost $12,000 for the stairs after they failed to install the hardwood stairs. And again, the stairs are not to the standards expected or agreed to.
- We feel that we have held up our end of the contractual agreement and we expect the customer to do the same.
I actually doubt the builder can say this in good conscious. Again sounds like a rehearsed, stock, legally risk averse, noncommittal answer. I think we have highlighted a tremendous number of deficiencies where the builder has not held up their part of the contract or built the home to the building code and “industry” standards. Further, there were numerous key items agreed to during our discussions; which they clearly understood; which we trusted the builder would execute; and we believe constitute verbal contracts which they have failed to abide in accordance with Texas contract law.
Thank you again for your help and we hope you can assist us to resolve the situation with the home-builder. We would like to find a resolution to this impasse. We are still willing to purchase the home if the builder will correct the deficiencies we require.
And again, would welcome a disinterested party, such as yourself, doing a walk-through of the home with us and the builder to discuss our concerns and work towards a resolution. As stated earlier, we are willing to take part in an arbitration to move this matter to an acceptable conclusion.
Thank you for your correspondence. Gehan Homes has beenin contact with the customer several times in an effort to resolve thisissue. Attached is the portion of the signed sales contract thatstipulates that differences in appraised values are not uncommon (due tooptions chosen, lot...
premiums,etc) and are the purchasersresponsibility for the difference. Attached are two emails from the DivisionPresident of Gehan Homes to the customers which ultimately included the offerof paying the discrepancy between the independent appraised value and the salesprice of the home. The customer rejected this offer and ultimately decided notto close on the home when it was scheduled to close. In an effort to resolvethis issue, Gehan Homes will extend the offer to pay the difference in theappraised value and the sales price, PLUS will contribute $1000 to towardstheir closing costs if they close in the next 10 business days (by 8/10/15). Ifthey choose to reject this offer, Gehan Homes will move forward with its rightsas contained in the signed contractual purchase agreement. Thank you
Complaint: [redacted]I am rejecting this response because: This answer is unacceptable. Hiding behind 'act of god' does not negate the duty and responsibility this company failed to adhere to. It is true that there was a heavier than usual rain in Buda on October 30th but this does not negate the fact that we complained and brought it to your attention multiple times about the inadequate drainage and nothing was done.
I applaud you for the sincere condolences you have expressed on this public forum as these were not the comments made to me on the phone. I was threatened, harassed, and belittled by several of your employees; namely [redacted], and [redacted].
I reject your response.
Regards,[redacted]
Gehan Homes is always striving to make the construction process as smooth as possible, and when miscommunication or mistakes happen we look to correct those quickly and fairly for our future homeowners. Gehan Homes regrets any construction or communication setbacks that have occurred with Mr....
[redacted], however Gehan made quick and fair corrections and concessions that Mr. [redacted] agreed upon and decided to move forward with the build of his home. Gehan Homes has corrected any issues that have occurred and are offering to refund more than what is required by the contract that Mr. [redacted] agreed to and signed. Gehan feels we are being more than fair with what we are offering.
We will contact the homeowner to try and determine what the issues are here. Thank you.
Complaint: [redacted]I am about to close on a home with Gehan Homes and have several issues that have arisen that have not been adequately addressed by Gehan. 1) I upgraded to a one bowl stainless steel extra depth kitchen sink and throughout construction observed sub-contractors utilizing the sink for cleaning brushes and other equipment despite having a utility sink in the garage and water spigots on the outside of the house. The sink was also cleaned several times throughout build by Gehan. I noticed that the sink has since obtained many scratches and there are warranty restrictions on the care of the sink and I fear this may have voided that warranty in addition to giving me a "used' product" in a new home. The sink also does not properly drain and leaves standing water in the bottom of the sink basin. Gehan has refused address these issues. 2) The hot water heater that has been installed in my future home is beginning to rust. This was noted during the pre-drywall inspection by my independent inspector and at final inspection. The inspector noted during the pre-drywall inspection that the water heater was sitting in a pan full of water as a consequence of being installed in a home that did not have a complete roof during a period of torrential rains. The inspector reported that rust is corrosive and once begun continues to progress into a possible default of the appliance. Gehan has refused on two occasions to address this issue and replace the hot water heater as recommended by a licensed inspector in the state of Texas. Consumer’s Desired Resolution: I am looking to Gehan to uphold their promise of delivering a quality product by replacing the damaged defective sink and the damaged hot water heater.
As stated previously, any damages to the customer's home were a result of the flooding caused by massive rainfall amounts experienced in various locations throughout Hays County on October 30, 2015. It was no way caused by the addition, or no addition, of topsoil to a low spot in the yard. Gehan Homes regrets any damage caused by an act of god such as this, but is not in a position to address any issues caused by this incident. Gehan Homes will continue to address any warrantable issues not related to this flooding for the remainder of the warranty period. Thank you for your inquiry.
We contacted Ms. [redacted] and discussed the situation onWednesday 5/20. There was apparently much misunderstanding involvingtheir chosen lender and realtor, but we were able to reach a mutual agreementabout the closing and the applicable fees. The [redacted]’ were able to moveforward with the purchase of the home and close escrow on the home this pastFriday. I believe that all parties consider this matter resolvedsatisfactorily.
Mr. [redacted] contracted on [redacted] in Arcadia on November 25th. The contract was executed on November 28th. This home was offered and purchased at a $59,359 discount due to the agreement to close within 21 days of signing. This contract was also written non-contingent with the contractual...
understanding that if this contract is terminated for any reason, all deposits are non-refundable. This home was taken off the market for the [redacted]’s which has put Gehan Homes in the position of not being able to market the home in time to re-sell and replace the companies loss for this year. In addition, Gehan’s Sales Counselor did communicate with the buyer that if they decided to cancel they would lose their deposit and even offered an additional closing costs to assist the buyer with less out of pocket at the closing. The buyer declined the additional assistance and acknowledged that he understood that the terms of the contract would be upheld with the direct response that “its only one five though.” This was a reference to the $1500.Gehan Homes is willing to apply the Buyers deposit to another purchase but will not be refunding it. A copy of the cancellation will be re-sent to the buyer.[redacted]Division ManagerGehan Homes – San Antonio
Thank you for your inquiry. We appreciate the candid and thoughtful comments. While we understand the customers desire to have a gated community, Gehan Homes has never represented, in writing or otherwise, that this community was going to be a gated community. That would be the decision of...
HOA, through its members, to evaluate and decide upon the installation of an owners only access gate. With regard to the appraisal (a copy of the referenced appraisal has been attached), please understand that independent licensed appraisers in the State of Texas are a third party entity which have no affiliation to Gehan Homes. The particular appraisal referenced, in 28 pages of documents has a single one word reference to a gated community in a general overview of the community, which is obviously an oversight on the appraisal company's (Residential Appraisal Specialists) part. Nowhere else in the report was it mentioned, nor was it referenced in the comparisons and evaluations in calculating the market value of the residence in question. If the customer would like further information, I would urge them to contact Residential Appraisal Specialists directly. I believe their contact information is in the report. Again, we appreciate the inquiry and hopefully this has shed some light on this topic. Thank you.
Gehan Homes will call the home owner and set up and inspection of the property in the next week. Upon inspection, we will create a plan to assist and/or correct the electrical. Gehan Homes stands behind it s work and if there is indeed a workmanship issue, especially one that compromises the...
safety of the home owner, then we will gladly fix it.
We do appreciate the customers input, but to reiterate all information used by an appraiser is collected through them. Gehan Homes are not appraisers but are almost certain that an appraiser would not use features or conditions for a property that do not exist at the time of appraisal. And the community does not have a members only gate. Again, thank you for your inquiry.
We regret that Ms. [redacted] did not like the choices and
pricing of upgrades at the Design Center and has chosen to terminate her
purchase agreement. The earnest money requirements and standard features of the
community are documented and signed by the customer as part of the...
purchase
agreement. Earnest money is refundable only in the event the buyer
performs according to the contract and cannot secure a loan qualification, or
in the event that the seller defaults. Since neither of these situations existed, Gehan Homes
acted in good faith and began the process of preparing the home for start of
construction; the earnest money will be retained by Gehan Homes according to
the contract.
With regard to the light fixture in the master bath vanity, the standard that is shown in the catalog is for a single 4 light fixture for a single contiguous vanity top (4 bulbs). When a master bath has a split vanity, as this customer has on their plan, the light fixture layout calls for...
two 3 light fixtures (for a total of 6 bulbs). This is what she received in her home.With regard to the stainless steel tilt out tray, the cabinet supplier is going to replace the existing tilt out sponge tray with a stainless steel sponge tray.Thank you.
Complaint: [redacted]
I am rejecting this response because:the substance of the business response continues to not address the basic premise of the complaint. I do not feel a company should have free reign to choose what the term "NEW" will be.I would never accept a new product from any company that had scratches and /or rust spots as those conditions belie the term! New is NEW no matter the business!
Regards,
[redacted]
Thank you
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.
Regards,
[redacted]
Gehan Homes takes 100% responsibility for representations and mistakes that are made by Gehan Homes. It was not a mistake to offer the buyer an option that was made available for something that they wanted done after closing. The exact location of the electrical placed and signed off on by the buyer could have been presented to the pool expert prior to the home being dry-walled and Gehan would have gladly made the change. We are not responsible for the fact that more thorough communication did not take place to insure that the exact location needed for the pool company was accomplished. Gehan has contacted the electrician and gotten the price to move the electrical down to $200. The builder cant be expected to take all responsibility and the home owner take zero responsibility. To acknowledge "I dont care what I signed" doesn't change Gehan Homes position that this is what we are going by.
Gehan Homes will contact Mrs. [redacted] today, 6/28, to review any outstanding items and set a time to do any necessary repairs covered under the Gehan Homes and Home of Texas Warranty.
Complaint: [redacted]
I am rejecting this response because: Dear Mr. [redacted], Thank you for finally giving a response we have long awaited. We are sorry this communication needed to take place with the Revdex.com, but we began to run out of options as no one within the Gehan organization would respond. To date we still have not received any documentation in regards to our cancellation. We do not agree with some of your response and feel it is because you were given inaccurate information and would like to discuss things a little further in person to clarify any confusion. Would you be available to meet or at the very least discuss via phone? Please contact us directly.
Regards,
[redacted]
Complaint: [redacted]
I am rejecting this response because:
Ms [redacted],
Thank you for your timely response and we hope you can assist us to resolve the situation with the home-builder. I have just returned from Afghanistan today in the interest of meeting to attempt to resolve the the existing conflict over the home.
We do not accept Gehan Homes response. Really, their response is not even a response, but strikes us as a rehearsed, stock, legally risk averse, noncommittal answer. So they told you the exact company line they have been feeding us.
We would like to find a resolution to this impasse. We are willing to purchase the home if the builder will correct the deficiencies we require. And would welcome a disinterested party, such as yourself, doing a walk-through of the home with us and the builder to discuss our concerns and work towards a resolution. We are willing to take part in an arbitration to move this matter to an acceptable conclusion.
We would also encourage you to speak to our Realtor, Mr [redacted] at D’Ann Harper – Coldwell Banker, to discuss his professional opinion on the current situation and maybe he can enlighten you on Gehan’s lack of regard for us as consumers and failure to correct the identified deficiencies. His email is [redacted] and his phone number is [redacted] or Cell [redacted].
Also, we would like to provide you with a large number of documents, emails, and photos for your review with the complaint. Please let us know how to get these items to you.
In answer to their “points” in their stock response, we already outlined our issues in the initial complaint.
We require them to answer each item directly including the additional items identified in this submission. The blanket answer is not sufficient and does not explain what they have done; what they failed to do; what they refuse to do; or what they are willing to do to resolve this situation.
We will address each their “points” much as we expect them to address ours in turn.
- The customer was allowed to personalize the home by selecting structural and design options. All options that were selected and signed for by the customer have been installed.
Yes, we did have the opportunity to select our design choices. However, we expressly stated dozens of times we “wanted it just like the model home” and if we did not expressly change an item they should have remained as defined in the model build per the verbal agreement and the builder’s verbally expressed agreement they could do what we asked. Especially, the hardwood stairs, which do not conform to documented or stated design standards which I will address later. The builder and the design reps did not adequately explain what was in the design sheets vice the model build sufficiently for us to understand their technical terminology; document what we asked for and expected as the model build with some modification; or cross-walk the design sheets with the model build and ensure any discrepancies were clarified and corrected. Although there is a written document which we signed; we did not fully understand the entirety of the document and their terminology; but rather trusted the builder had done due diligence to ensure they captured what we had asked for and agreed to.
- The home in question is built to or above industry standards.
Again, another stock answer. We dispute this is completely true. We request to see the written standards they reference.
As part of our home buying process, our Realtor had an independent inspector, Hawkeye Real Estate Inspections, inspect the home. We have not been given confirmation from the builder the deficiencies, many building code deficiencies, identified have been repaired to the code standards. I would assume the building code is an acceptable standard by which to judge the builder and as there are code deficiencies, their contention the home is built to industry standards is obviously false.
Our inspector identified the following deficiencies during the inspection process – Grading and Drainage allows pooling water; Damaged Vent Hood Cabinet; Corner Trim Boards Missing; Stairs were not complete at time of inspection; Inoperative outlet; Damaged light fixtures; Vent pipe loose and unsecured; Outside air conditioning unit is noisy and should be investigated for cause; Missing duct grill; Blocked duct in front bedroom; “No shut of valve was observed on the house side of the main water meter and should be added as per current standards of practice.”; No water pressure regulator; “The gas line insulated yellow wrap is puled back exposing the center pipe in the attic leading to both furnaces. The pipe are also not properly secured and should be properly secured to prevent from moving. This conditions should be further evaluated by a licensed plumber and all repairs made as necessary.”; “The gas lines in the attic do not appear to be bonded. This conditions should be further evaluated by a licensed plumber and all repairs made as necessary.”; No cold water in upstairs tub; Water temperature is 121 degrees and should be adjusted to below scalding level; “The vent pipe serving the dryer vent in the attic does not have safe clearance from combustible materials.”; Range hood light inoperative; Cook top not properly secured; Sprinkler spray heads are hitting the exterior of the home and need to be adjusted; and Back flow is not properly insulated. So again, these “industry” and code standards have not been met so their assertion the home is built to these standards is false.
We would especially like to see the home builder’s and “industry standards” for the stairs as all the hardwood stair builds I see on home sites such as Zillow and Realtor are not a color mismatched hodge podge, but are professional looking single tread designs. As referenced earlier, the stairs are very poor workmanship and appear to just be thrown together. They are not what was promised or expected. And the medium oak trim is a color mismatch with the dark walnut finish of the stair treads and floors. Additionally, the design sheets for the change to the wood stairs show the color selection as dark walnut for the railings and trim not medium oak which has not been corrected. The dark walnut is the proper match to the floors and stair treads and should be corrected to adhear with the written documentation the builder continues to reference.
- We have been in constant communication with the customer and their Realtor throughout the build process.
Mostly true. However, the builder has not actioned many of our early communications to correct deficiencies as we identified them throughout the build, but continually put off the repairs telling us “wait until the walk-though”. The main problem here is the builder wants us to walk-through the home and close the same day with no intervening time to correct identified problems, but rather only promises to fix them, likely following closing. I doubt this is a normal approach to the walk-through and closing process. We feel this is a high pressure tactic designed to force us to accept the home as is and sign rather than us signing once the home is truly ready.
- We allowed the customer to make a late change adding wood flooring to their stairs. The wood flooring that was selected and signed for by the customer is now installed.
It is true the builder “allowed” a “late change”, which we paid almost $12,000 for and which should have been a high quality upgrade. The stairs were one item we had insisted on having as part of the build from the very beginning and which they failed to install as verbally agreed. And again, the home builder and design reps did not ensure this was in the build specs even though they verbally agreed the stairs would be done. We told them numerous times throughout the build process and were assured the stairs would be done, but they were not done when the home was built. We and our Realtor had them make the “late change” and paid almost $12,000 for the stairs after they failed to install the hardwood stairs. And again, the stairs are not to the standards expected or agreed to.
- We feel that we have held up our end of the contractual agreement and we expect the customer to do the same.
I actually doubt the builder can say this in good conscious. Again sounds like a rehearsed, stock, legally risk averse, noncommittal answer. I think we have highlighted a tremendous number of deficiencies where the builder has not held up their part of the contract or built the home to the building code and “industry” standards. Further, there were numerous key items agreed to during our discussions; which they clearly understood; which we trusted the builder would execute; and we believe constitute verbal contracts which they have failed to abide in accordance with Texas contract law.
Thank you again for your help and we hope you can assist us to resolve the situation with the home-builder. We would like to find a resolution to this impasse. We are still willing to purchase the home if the builder will correct the deficiencies we require.
And again, would welcome a disinterested party, such as yourself, doing a walk-through of the home with us and the builder to discuss our concerns and work towards a resolution. As stated earlier, we are willing to take part in an arbitration to move this matter to an acceptable conclusion.
Thanks for your help
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Thank you for your correspondence. Gehan Homes has beenin contact with the customer several times in an effort to resolve thisissue. Attached is the portion of the signed sales contract thatstipulates that differences in appraised values are not uncommon (due tooptions chosen, lot...
premiums,etc) and are the purchasersresponsibility for the difference. Attached are two emails from the DivisionPresident of Gehan Homes to the customers which ultimately included the offerof paying the discrepancy between the independent appraised value and the salesprice of the home. The customer rejected this offer and ultimately decided notto close on the home when it was scheduled to close. In an effort to resolvethis issue, Gehan Homes will extend the offer to pay the difference in theappraised value and the sales price, PLUS will contribute $1000 to towardstheir closing costs if they close in the next 10 business days (by 8/10/15). Ifthey choose to reject this offer, Gehan Homes will move forward with its rightsas contained in the signed contractual purchase agreement. Thank you