This is a rebuttal on complaint # [redacted] This is to address the lies that were presented in the response received from Hakes Brothers representativesInserted within this rebuttal are email correspondences where Hakes Brothers representatives promised a pony wall and the homeowner can provide dated photos referencing the damage incurred to their propertyOn July 24, 2015, Homeowner complained and took numerous photos of the damage incurred to their property because of the vacant lot next to themOn August 12, 2015, Homeowner took a photo of the black silt mesh being placed around the vacant lot property and the removal of numerous feet of mud and rockLie number one of Hakes Brothers representatives: "We understand our homeowner’s concern about dirt and mud getting on their landscaping rock in the front yardOn Friday, October 16th, we completed an extensive cleof our homeowner’s yard and have firmly placed silt-fencing that divides the empty lot and our homeowner’s front yardSince that date, our homeowner’s yard has looked very clean and newWe have since had several days of rain, including heavey rain, and the appearance of our homeowner’s yard has not been diminished by the rain." ------- Lie number one: Hakes Brothers did not place the black silt fencing October 16, 2015, that silt fencing was placed on/around August 12, If the silt fencing was doing such a wonderful job, then begs the question, why did Hakes Brothers have to do extensive cleon October 16, 2015? Numerous complaints were made between August 12, and October 16, Numerous times, the vacant lot caused damage to the Homeowners propertyHomeowner spoke with numerous representatives and had numerous Hakes Brothers representatives look and/or work on cleaning up the damage incurred by Hakes Brothers propertyHakes Brothers representatives that did the clean up on October 16, even commented that they didn't know why they were cleaning up the Homeowners property because the Homeonwer was going to continue to have this same problem until a pony wall was put in! The following were email correspondences between Hakes Brothers representatives and Homeowner: Emailed: October 12, "Good morning, Our superintendent stopped by to get a look at the front yard that was covered in mud from the last rainAttached are some pictures that he tookIs the mud and dirt in the same are that was pointed out to me the last time we met? I will be having our landscaping contractor go out and pull the rocks back, remove the mud / dirt and then reinstall the rocks to their original locationI did agree to clean this area of soil that washed over from the next door lot if it became unsightlyI wouldn't say that it is terrible right now as the only area that I see from the picture is a small area in the the road verge, which I can see from the picture taken from the streetAs I previously communicated with you through our last email, I did agree to add a pony wall to the right side of your home when the lot was built outI did try to expedite this but it will not happen until the lot is indeed built outTo review of what I agreed to do until the pony wall build, I can agree to help out with some clean up if the front yard begins to look unreasonably badUnreasonably bad is what we are looking forThe fact that we do live in the desert and that wind blown dirt and dust are common is expected but the fact that there is an empty lot that has in the past allowed water to bring unwanted dirt to the perimeter of your yard can not be avoided until the lot is builtUntil then I would like to help you out with thatIf it looks noticeably bad as seen from the street we should be able to help with thatThis is not a warrant able item but again, we would like to help." Emailed: September 24, "In regards to the continued yard maintenance that you said that we promised we would do, I don't have an answer as to who said that but I can agree to help out with some clean up if the front yard begins to look unreasonably badUnreasonably bad is what we are looking forThe fact that we do live in the desert and that wind blown dirt and dust are common is expected but the fact that there is an empty lot that has in the past allowed water to bring unwanted dirt to the perimeter of your yard can not be avoided until the lot is builtUntil then I would like to help you out with thatIf it looks noticeably bad as seen from the street we should be able to help with thatThis is not a warrant able item but again, we would like to helpI would also agree to give you our word that we will install a pony wall on the right side of your home, but will do it for you once the subdivision is built-out." ------ Lie number twoHakes Brothers representatives stated in their Revdex.com response, "Our homeowner has requested that we build a wall that divides their property from the lot next door, extending from the rear property line to the front property lineThis type of wall is not something that we do in our subdivisions unless it is an engineered retaining wall required by the municipality in which we are buildingThe Model Home at the subdivision where our homeowner lives is a representation of what our homeowners can expect when they buy a home from us inside the same subdivisionThe Model Home does not have a wall dividing the side properties from the rear to the front property lineWe also make our perimeter wall policy very clear at the time we sign a Purchase Agreement, and each of our homeowners signs that they accept this policy, which is that we do not guarantee the length or height of their perimeter wallsOur homeowner agreed to this policyIt would not be fair to our other homeowners in this subdivision if we built a wall for this particular home and not for the othersWe want to treat all of our homeowners the same, we feel it is the right thing to do." If you did not have any intension of building a pony wall to divid the property between the Homeowners property and that of the vacant Hakes Brothers property, then why did a Hakes Brothers representative promise such a wall in written correspondence, not once, but twice? -------- Lie number threeHakes Brothers representatives stated, "At some point in the future, a home will be built on the empty lot and this issue will no longer existIn the meantime, we feel that we have been diligent in responding to our homeowner and taking care of this concern for them." However, if this was the case, then why are their responses not timely, the Homeowner is still dealing with mud in their front yard five months since the first complaint, and they are only willing to repair damaged property that can only be seen from the road? On October 6-8, 2015, Homeowner yet again took photos of damaged property from mud going under the black silt fencing, which Hakes Brothers claims, "We are pleased that our cleanup and silt-fencing are doing the job intended and have not allowed dirt and mud to spill into our homeowner’s front yard." On November 17, 2015, Homeowner again took photos of the silt fencing falling down and mud going under the silt fencing and penetrating the Homeowners rock! ----- Lie number fourIf the silt fencing is doing such a wonderful job, why is the mud of Hakes Brothers property penetrating the rock of the property of the Homeowner still? Something else to consider: the head of Hakes Brothers stated the following: "Ismael is the Customer Relations Manager for Valencia Park and he is very dedicated to giving good serviceI know he has overseen several repairs at your homeHe has the authority to make judgment calls in unique scenarios, and I trust himI do not make a habit of overruling him on his decisions and I will let him decide how to handle this situation." I forsee Hakes Brothers representatives yet again passing the buck on this one; however, they documented in writing that they trust their employee and think that his decisions are the best course of actionThe owners are well aware of the situation and continue to ignore the problemThis behavior is unacceptableThe Homeowner would also like to address another lie of Hakes Brothers: ----- Lie number fiveThe damage that has occured to the Homeowners property was not incurred because of wind! The Homeowners property was destroyed because of mud going over or under their rock due to water! Hakes Brothers representatives continue to blame the damage incurred on windy days, but the damage that has occurred were on rainy days!Desired Resolution: RepairDesired Outcome I want Hakes Brothers to build the permanent wall between my property and their property now! I want Hakes Brothers to build the requested wall to the cement and even out the pony wall on the other side of my residenceAs for the rock between my cement and the street, I want Hakes Brothers to maintain this rock, with no mud, until the undeveloped property owned by Hakes Brothers is developed!
Dear Revdex.com, We appreciate the opportunity to respond.We regret that our Homeowner is not satisfiedOur Contract is very clear that we do not make changes after the Design consultation has been completed (see attachment)We have done wine racks before and extra electrical outlets for Homeowners, but these options need to be selected before the Design consultation is completed.Our Homeowner did receive the change from Satin Nickel to Oil Rubbed Bronze fixtures that he requested, so I am not sure what he is referring to regarding that.In this subdivision, we do not offer shelving in the garageBut we did help our Homeowner obtain the contact information of preferred vendors who could help him install the shelving post-closing.As far as we know, we do not have any record of extra outlets being drawn on any contract paperworkWe are willing to do this for our Homeowner if he feels that he was promised it, in good faith for our Homeowner.We regret that our Homeowner feels this has been a difficult processWe strive to build quality homes and have happy homeowners SincerelyThe Hakes Brothers Customer Service Team
Complaint: [redacted] I am rejecting this response because:This does nothing to address the shady practices exercised by Hakes in regards to what was signed, and witnessed by a 3rd party and what was set to be delivered. Deposit money was given in good faith of the promises made by the Hakes representative Henry G [redacted] verbally and contractually and these promises never came into fruition. We are simply requesting our deposit back to get on with our lives and Hakes can still sell the house as new to a new customer. Hakes' unwillingness to admit guilt in this case despite mounting evidence that errors were made speaks volumes about this company. Regards, [redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]
Complaint: [redacted] I am rejecting this response because: Responsibility of their problems have not been properly addressed Given that these particular problems have continued on with other homes, Hakes Brothers have totally missed the point of my particular concerns I met with MrHakes, their lead superintendent, a site supervisor and their site sales representative MrHakes was profusely apologetic for the quality for workmanship performed to correct the problem I explained to him it was a shame it had to come to a Revdex.com complaint to have my concerns addressed especially since his lead superintendent had previously commented " inform the customer the material used to backfill the trench is what we normally use and he should have no concerns since he has a year warranty on the foundation." "What we normally use" implying this has happened before? To deflect blame upon the plumber is not accepting responsibility Though that very well may be the case in this particular instance, the fact remains they have serious construction issues concerning communication and site supervision of their projects Why then employ a lead superintendent and a site supervisor to ensure these kind of problems do not keep recurring? Fact is after they trenched both the powder room and the kitchen because of oversights during the infrastructure phase, the foundation looked as if someone was trying to piece a jig saw puzzle back together I may add that at my insistence the trenching was dug back up only to discover the post tension cabling had been damaged and cut All subsequent work was also totally inferior and covered up before any proper inspections took placeHakes Brothers response is that all measures will be taken to properly repair the damage done to the foundation Had I not filed this complaint work would have continued and the original repairs would have sufficed by them In all probability the repairs will be properly addressed and someone will end up with a nice home If I refused to continue on with this purchase it was due to a lack of confidence with the integrity of said foundation The point is why should anyone ever have to go through this again? After my refusal to purchase this home I informed them I wanted to stay as a customer I had their site sales representative show me a spec home still under construction That home had a trench in the kitchen where the infrastructure for the center island had also not been accounted for A colleague purchased one of their homes though at a different site He went through the same situation with the center island in his home The termination of this contract is evidence of their mistakes and in that regard acceptance of responsibility Where they have refused to accept their responsibilities is in recognizing the unnecessary trenching or cutting up of any foundation because no one there seems to be able to get it right from the beginning BEFORE THE FOUNDATION IS POURED! MrHakes is correct when he states I have decided to purchase a Hakes Brothers home though at a more expensive site They are under notice I will be keeping an eye out on this project to ensure the house is built to my satisfaction After all who is the customer here and who is ultimately paying for it? What MrHakes has totally neglected to see is the inconvenience they unnecessarily put me through That along with four wasted months of my time while the home was under construction Regards, [redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason if he complaint will be closed Administratively Resolved]
Dear Revdex.com,
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A mistake was made by the plumberThis type
of mistake, when repaired per a licensed structural engineer's design, is not
detrimental to the integrity of the foundationWe have given all of the
information to our structural engineer, including detailed dimensions of the
cut in the concrete, and pictures of the cut and the post-tension cables and plumbing
inside the cutsWe are awaiting the engineers' design for a repair and will
fully comply with their prescribed repairWe will also have a representative
of the engineering firm inspect and confirm that their repair instructions were
followed exactly before we proceed and complete the repairAfter completing
the repair, the design will meet or exceed the original designWe explained to
our customer that the foundation will meet or exceed the original design, but
the customer refused to purchase this home
We have terminated his
contract for this home and he has decided to buy a home from us in a different
subdivisionAll deposits from the original purchase have been applied to the
new home purchase
We feel that this
matter has been resolved, given that his original foundation would have met or
exceeded the integrity of the original design after the repair was performed
The decision to terminate the contract and buy another home was his preference
and we accommodated that decisionWe feel we have gone above and beyond to
resolve his concerns and help him to change houses when we did not breach our
contract with him
Dear Revdex.com,
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We appreciate the
opportunity to respond to our homeowner’s concern
We understand our
homeowner’s concern about dirt and mud getting on their landscaping rock in the
front yardOn Friday, October 16th, we completed an extensive
cleof our homeowner’s yard and have firmly placed silt-fencing that
divides the empty lot and our homeowner’s front yardSince that date, our
homeowner’s yard has looked very clean and newWe have since had several days
of rain, including heavey rain, and the appearance of our homeowner’s yard has
not been diminished by the rain We are
pleased that our cleanup and silt-fencing are doing the job intended and have not allowed dirt and mud to spill into our homeowner’s front yard
We do believe it is possible
that due to wind and rain activity, some dirt and mud could make its way into the yard
again, but we believe it will be very minimal and we will quickly clean it up
for our homeownerWe want our homeowner to have a beautiful yardTo date, we
have spent over $to keep our homeowner’s lot clean and we hope that shows
good faith that we want to take care of themAt some point in the future, a home will
be built on the empty lot and this issue will no longer existIn the meantime,
we feel that we have been diligent in responding to our homeowner and taking care
of this concern for them
Our homeowner has
requested that we build a wall that divides their property from the lot next
door, extending from the rear property line to the front property line.
This type of wall is not something that we do in our subdivisions unless it is
an engineered retaining wall required by the municipality in which we are
buildingThe Model Home at the subdivision where our homeowner lives is a representation of what our homeowners can expect when they buy a home from
us inside the same subdivisionThe Model Home does not have a wall dividing the side properties from the rear to the
front property lineWe also make our perimeter wall policy very clear at the
time we sign a Purchase Agreement, and each of our homeowners signs that they
accept this policy, which is that we do not guarantee the length or height of
their perimeter wallsOur homeowner agreed to this policyIt would not be
fair to our other homeowners in this subdivision if we built a wall for this
particular home and not for the othersWe want to treat all of our homeowners
the same, we feel it is the right thing to do
We look forward to continuing to providing warranty service to
our homeowner. Thank you again for
the opportunity to respond to this issue
Sincerely
The Hakes Brothers
Customer Relations Team
Dear Revdex.comThank you for the opportunity to respond to this issue.We are sorry that our homeowner feels that there is a repair neededOur Superintendent, our Customer Service Manager, and our Construction Manager have been in contact with our homeowner and have explained to them that the only
way to have on-demand hot water is to install a recirculating pumpThe recirculating pump is an upgrade (not required by code) that is available to our homeowners and we do install the pump for those that request itThis upgrade was not selected by our homeowner for their home. Fortunately, there are many products that our homeowner can purchase from home improvement stores that are designed to help with this issue. This home was plumbed per industry standards and all relevant codes, and passed all inspectionsThe work was performed by a licensed and reputable plumberThere is no defect here to address.We intend to honor our warranty obligations that we have with each and every homeownerThis issue is not covered by our warrantyThis issue is considered homeowner's responsibility per our contract with the homeowner.Thank you again for the opportunity to respond to this issue
Complaint: ***
I am rejecting this response because:Homeowners' replies to the builder's statements are found below, underlined. Our Superintendent, our Customer Service Manager, and our Construction Manager have been in contact with our homeowner and have explained to them that the only way to have on-demand hot water is to install a recirculating pump. * We are not asking for or expecting on-demand hot waterWe understand that for hot water to arrive at faucets around the house, it can take some timeOur issue is the amount of time it takesEarly enough in the morning, it can take up to four minutes to arrive in the master showerTo reiterate a statement we made earlier, we have yet to spend a winter in the home, how long might it take hot water to arrive in the colder months? Never have we expected on-demand hot waterWe have posed several questions/requests to Hakes, which have been ignoredOne of the items was "What is considered an acceptable amount of time for hot water to arrive?" Now we would ask for the definition of on demand hot water? Our concern is not based on preference but on the fact that water is a precious resource to begin with, but even more so being that we live in the desertFurthermore, the statement that a recirculating pump is the only way to have hot water "on demand" is false. The recirculating pump is an upgrade (not required by code) that is available to our homeowners and we do install the pump for those that request itThis upgrade was not selected by our homeowner for their home. *We were told about a recirculating pump after we added hot water arrival to our list of items that needed attention in the first daysIt was never discussed pre construction, or never offered as an upgradeNor were we made aware that our home, and several other Hakes homes on the block, come to find out, would be built without return hot water loop pipingIt seems the most cost effective, energy efficient method of supplying hot water in a responsible mannerIn our research we have found that omitting a return loop is a way for "builders to cut costs in a way the homeowner won't see". Fortunately, there are many products that our homeowner can purchase from home improvement stores that are designed to help with this issue. This home was plumbed per industry standards and all relevant codes, and passed all inspections. We have specifically requested the the names of all inspectors so as to continue researching whether or not more effective plumbing options could have been made availableThis request has been ignoredWhy should we have to buy anything to improve a Brand NEW "Energy Efficient" Home? If this is industry standards, the industry is full of short cuts and ways to cheat Hard Working Am***ansThe work was performed by a licensed and reputable plumber. * When asked whether the home plumbing system included a return loop, the licensed plumber said no and mentioned that he would no longer be working with Hakes due to professional differencesThat is an immediate red flag in any circumstance! If they don't want to do business with them, why should we? We have asked for our home's plumbing and piping plansThis request has been ignored There is no defect here to addressEven if a return loop was not the most effective way to plumb for hot water, perhaps Hakes could have worked to troubleshoot the issue Water pressure to the master shower was an item needing to be addressedUpon inspection Hakes' plumber found "construction debris" in the master shower pipeWhat if the irresponsible amount of time it takes for hot water to arrive anywhere in the house is due to another blockage somewhere? We have requested that the plumbing be inspected, and have been ignoredWe requested that the hot water heater itself be testedPerhaps there was a malfunction thereIs it functioning properly? Is it, in fact, brand new? This request has been ignoredWe intend to honor our warranty obligations that we have with each and every homeowner. *Intending to, and actually honoring warranty obligations are two different thingsIf the Construction Manager will not even respond to email requests, the above mentioned requests to name a few, how can homeowners believe any warranty obligation will even be considered? This issue is not covered by our warrantyThis issue is considered homeowner's responsibility per our contract with the homeowner*Which specific issue is not covered by their warranty? A faulty HWH? A malfunction in the piping? Or the fact that it takes an irresponsible amount of time for hot water to arrive at all faucets? Hakes mentions what the warranty doesn't cover, as opposed to troubleshooting, perhaps the issue is covered. We are sorry for trusting Hakes with this investmentThere are lovely features about our home, but miscommunication between sales reps, members of the design team and, finally, this blatant disregard for conservation has left us disappointedWe will not be recommending this company and their product to any of our MANY families and friends in the futureFirst Time New Homeowners should not have to go through this with any company.
Regards,
*** ***
Included is the contract in question in regards to the return of the depositOn the Revdex.com response they mentioned they would give me back the deposit minus $however the truth is the wording of the contract says otherwise and leaves Hakes with the ability to not return any of itI have attached an email conversation as well as a snapshot of the docusign email and the contract in question I just ask that Hakes stay true to what was stated in the Revdex.com response and right a contract that says they will return the deposit minus the $when the house is sold with no additional language. Regards, *** ***
Complaint: ***
I am rejecting this response because: Hakes has agreed to return my initial deposit minus administration fees $however, they also stated this was contingent on the house selling by a specific date and contingent on Hakes not having to give any incentive to a prospective buyerShould the house not be sold by the specific date I will be charged daily and may even lose my entire depositOnce again leaving wiggle room to snake out of giving me my money backIf they simply stated they would give me my money back minus a $administration fee period, all would be well I would close this with the Revdex.com and we all could move on with our lives. I do hope Hakes does the right thing and states that my money will be given back minus the $when the home is sold, if not sooner, periodNo other contingenciesI am beyond shocked that a company that is trying to position itself in a new market as a reputable builder is engaging in such activities
Regards,
*** *** [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason the complaint will be closed Answered]
Dear Revdex.com,
Roman","serif"Times New Roman""> Hakes Brothers has and
continues to act in good faith to service our customer’s homeIn addition to
fulfilling our warranty commitment to our homeowner, we have gone the extra
mile on fixes that are not covered by warranty out of goodwillUpon receiving
this complaint, we attempted to call our homeowner to see if we can go over
these items with them to make sure we are on the same page, and the homeowner was
unwilling to meet with usWe are happy to continue to work with our homeowner as they allow us to do so. There was a
misunderstanding with the master bathroom bathtubOur Plumber's technicians
arrived for a service call to ensure there was hot water in the master bathroom
bathtubWhile there, they noticed that the faucet for the bathtub was slightly
loose (which they attempted to tighten as a courtesy to the homeowner despite
the fact that they were there to look at the hot water issueThe homeowner had
never mentioned a loose faucet to us)The Plumber made an appointment with
either the homeowner or a friend/relative to return the next day to come and
tighten the faucetTo tighten the faucet, it would have been necessary to
remove the tub, which is easily done without causing damage to the tub as it is
a "drop-in" or "non-skirted" tubThe tub would have been
re-set within an hour's timeWhen they returned the next day to perform this,
the homeowner did not permit the work to be performedWe can only assume they
did not want the faucet to be tightenedWe remain willing to provide this fix. Regarding the
landscaping plants, there were plants that were reported dead before the
warranty expired that have been replacedWe are not aware of any plants that
need to be replaced at this time nor has that been requested of usWe are
willing to go look at any plants that are dead. Regarding the large
sliding glass door and the scratched windows, the homeowner asked us to replace
a piece of damaged weatherstripping and we did that for them at our costAt
the homeowner's orientation walk-through, they noted minor scratches on
different windows, which we replaced for them at our costOur policy is to
replace scratched windows/glass that are noted before the home is occupied by
the homeownerWe have performed according to our warranty commitment in regard
to the large sliding glass door and the windows that were replaced. Lastly, regarding the
cabinets, there appears to be a misunderstanding here as wellAt the homeowner
walk-through, some scratches or scuffs on the cabinets were noted, and we
attempted to repair them through a touprocessThis is the
response for minor cabinet scuffs and we told the homeowners that we do not
normally replace cabinet doors if they look good after being touched-upWe did
perform the touprocess, and when the homeowner was not satisfied with
this, we ordered six (6) cabinet doors and two (2) drawer fronts on
July 14, and they will be installed on August 22, The July 14th,
order date for these materials occured one week before the homeowner filed
this complaint on July 21, 2015, as seen on the PO that is attached to this
response. We feel that these
matters have been resolved, given that we have fulfilled our warranty
commitment 100% with our homeowner, have gone the extra mile, and given the
fact that our homeowner is unwilling to meet with us to go over any additional
warranty itemsWe do not understand the harsh insults and language that are
used in this complaintWe work very hard to have happy homeowners, and we have
many happy homeowners We remain ready
and willing to go and investigate any further warranty items that our homeowner
wishes to resolve at this time. Sincerely,
The Hakes Brothers
Customer Service Team
Dear Revdex.com, We appreciate the opportunity to respond.We regret that our Homeowner is not satisfied. Our Contract is very clear that we do not make changes after the Design consultation has been completed (see attachment). We have done wine racks before and extra electrical outlets for...
Homeowners, but these options need to be selected before the Design consultation is completed.Our Homeowner did receive the change from Satin Nickel to Oil Rubbed Bronze fixtures that he requested, so I am not sure what he is referring to regarding that.In this subdivision, we do not offer shelving in the garage. But we did help our Homeowner obtain the contact information of preferred vendors who could help him install the shelving post-closing.As far as we know, we do not have any record of extra outlets being drawn on any contract paperwork. We are willing to do this for our Homeowner if he feels that he was promised it, in good faith for our Homeowner.We regret that our Homeowner feels this has been a difficult process. We strive to build quality homes and have happy homeowners. SincerelyThe Hakes Brothers Customer Service Team
Complaint: [redacted]
I am rejecting this response because: Responsibility of their problems have not been properly addressed. Given that these particular problems have continued on with other homes, Hakes Brothers have totally missed the point of my particular concerns. I met with Mr. Hakes, their lead superintendent, a site supervisor and their site sales representative. Mr. Hakes was profusely apologetic for the quality for workmanship performed to correct the problem. I explained to him it was a shame it had to come to a Revdex.com complaint to have my concerns addressed especially since his lead superintendent had previously commented " inform the customer the material used to backfill the trench is what we normally use and he should have no concerns since he has a 10 year warranty on the foundation." "What we normally use" implying this has happened before? To deflect blame upon the plumber is not accepting responsibility. Though that very well may be the case in this particular instance, the fact remains they have serious construction issues concerning communication and site supervision of their projects. Why then employ a lead superintendent and a site supervisor to ensure these kind of problems do not keep recurring? Fact is after they trenched both the powder room and the kitchen because of oversights during the infrastructure phase, the foundation looked as if someone was trying to piece a jig saw puzzle back together. I may add that at my insistence the trenching was dug back up only to discover the post tension cabling had been damaged and cut. All subsequent work was also totally inferior and covered up before any proper inspections took place. Hakes Brothers response is that all measures will be taken to properly repair the damage done to the foundation. Had I not filed this complaint work would have continued and the original repairs would have sufficed by them. In all probability the repairs will be properly addressed and someone will end up with a nice home. If I refused to continue on with this purchase it was due to a lack of confidence with the integrity of said foundation. The point is why should anyone ever have to go through this again? After my refusal to purchase this home I informed them I wanted to stay as a customer. I had their site sales representative show me a spec home still under construction. That home had a trench in the kitchen where the infrastructure for the center island had also not been accounted for. A colleague purchased one of their homes though at a different site. He went through the same situation with the center island in his home. The termination of this contract is evidence of their mistakes and in that regard acceptance of responsibility. Where they have refused to accept their responsibilities is in recognizing the unnecessary trenching or cutting up of any foundation because no one there seems to be able to get it right from the beginning. BEFORE THE FOUNDATION IS POURED! Mr. Hakes is correct when he states I have decided to purchase a Hakes Brothers home though at a more expensive site. They are under notice I will be keeping an eye out on this project to ensure the house is built to my satisfaction. After all who is the customer here and who is ultimately paying for it? What Mr. Hakes has totally neglected to see is the inconvenience they unnecessarily put me through. That along with four wasted months of my time while the home was under construction.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason if he complaint will be closed Administratively Resolved]
Dear Revdex.comWe are grateful for the opportunity to respond to our customer. Our customer agreed that once we started their home that we cannot refund their deposit. Although we agreed with our customer to not refund the deposit, we are willing to refund their deposit once we can sell their home to someone else, minus a small administrative fee. We regret that our customer feels there was a miscommunication. To avoid miscommunication, our policy is to put contract details in writing, so that everyone can read and understand the details together. When our customer first purchased their home, we emailed them a copy of the contract for them to review. We have fulfilled our responsibilities that were agreed on in our contract with our customer. Thank you for the opportunity to respond.SincerelyThe Hakes Brothers Customer Service Team
This is a rebuttal on complaint # [redacted]. This is to address the lies that were presented in the response received from Hakes Brothers representatives. Inserted within this rebuttal are email correspondences where Hakes Brothers representatives promised a pony wall and the homeowner can provide dated photos referencing the damage incurred to their property. On July 24, 2015, Homeowner complained and took numerous photos of the damage incurred to their property because of the vacant lot next to them. On August 12, 2015, Homeowner took a photo of the black silt mesh being placed around the vacant lot property and the removal of numerous feet of mud and rock. Lie number one of Hakes Brothers representatives: "We understand our homeowner’s concern about dirt and mud getting on their landscaping rock in the front yard. On Friday, October 16th, we completed an extensive clean-up of our homeowner’s yard and have firmly placed silt-fencing that divides the empty lot and our homeowner’s front yard. Since that date, our homeowner’s yard has looked very clean and new. We have since had several days of rain, including heavey rain, and the appearance of our homeowner’s yard has not been diminished by the rain." ------- Lie number one: Hakes Brothers did not place the black silt fencing October 16, 2015, that silt fencing was placed on/around August 12, 2015. If the silt fencing was doing such a wonderful job, then begs the question, why did Hakes Brothers have to do extensive clean-up on October 16, 2015? Numerous complaints were made between August 12, 2015 and October 16, 2015. Numerous times, the vacant lot caused damage to the Homeowners property. Homeowner spoke with numerous representatives and had numerous Hakes Brothers representatives look and/or work on cleaning up the damage incurred by Hakes Brothers property. Hakes Brothers representatives that did the clean up on October 16, 2015 even commented that they didn't know why they were cleaning up the Homeowners property because the Homeonwer was going to continue to have this same problem until a pony wall was put in! The following were email correspondences between Hakes Brothers representatives and Homeowner: Emailed: October 12, 2015 "Good morning, Our superintendent stopped by to get a look at the front yard that was covered in mud from the last rain. Attached are some pictures that he took. Is the mud and dirt in the same are that was pointed out to me the last time we met? I will be having our landscaping contractor go out and pull the rocks back, remove the mud / dirt and then reinstall the rocks to their original location. I did agree to clean this area of soil that washed over from the next door lot if it became unsightly. I wouldn't say that it is terrible right now as the only area that I see from the picture is a small area in the the road verge, which I can see from the picture taken from the street. As I previously communicated with you through our last email, I did agree to add a pony wall to the right side of your home when the lot was built out. I did try to expedite this but it will not happen until the lot is indeed built out. To review of what I agreed to do until the pony wall build, I can agree to help out with some clean up if the front yard begins to look unreasonably bad. Unreasonably bad is what we are looking for. The fact that we do live in the desert and that wind blown dirt and dust are common is expected but the fact that there is an empty lot that has in the past allowed water to bring unwanted dirt to the perimeter of your yard can not be avoided until the lot is built. Until then I would like to help you out with that. If it looks noticeably bad as seen from the street we should be able to help with that. This is not a warrant able item but again, we would like to help." Emailed: September 24, 2015 "In regards to the continued yard maintenance that you said that we promised we would do, I don't have an answer as to who said that but I can agree to help out with some clean up if the front yard begins to look unreasonably bad. Unreasonably bad is what we are looking for. The fact that we do live in the desert and that wind blown dirt and dust are common is expected but the fact that there is an empty lot that has in the past allowed water to bring unwanted dirt to the perimeter of your yard can not be avoided until the lot is built. Until then I would like to help you out with that. If it looks noticeably bad as seen from the street we should be able to help with that. This is not a warrant able item but again, we would like to help. I would also agree to give you our word that we will install a pony wall on the right side of your home, but will do it for you once the subdivision is built-out." ------ Lie number two. Hakes Brothers representatives stated in their Revdex.com response, "Our homeowner has requested that we build a wall that divides their property from the lot next door, extending from the rear property line to the front property line. This type of wall is not something that we do in our subdivisions unless it is an engineered retaining wall required by the municipality in which we are building. The Model Home at the subdivision where our homeowner lives is a representation of what our homeowners can expect when they buy a home from us inside the same subdivision. The Model Home does not have a wall dividing the side properties from the rear to the front property line. We also make our perimeter wall policy very clear at the time we sign a Purchase Agreement, and each of our homeowners signs that they accept this policy, which is that we do not guarantee the length or height of their perimeter walls. Our homeowner agreed to this policy. It would not be fair to our other homeowners in this subdivision if we built a wall for this particular home and not for the others. We want to treat all of our homeowners the same, we feel it is the right thing to do." If you did not have any intension of building a pony wall to divid the property between the Homeowners property and that of the vacant Hakes Brothers property, then why did a Hakes Brothers representative promise such a wall in written correspondence, not once, but twice? -------- Lie number three. Hakes Brothers representatives stated, "At some point in the future, a home will be built on the empty lot and this issue will no longer exist. In the meantime, we feel that we have been diligent in responding to our homeowner and taking care of this concern for them." However, if this was the case, then why are their responses not timely, the Homeowner is still dealing with mud in their front yard five months since the first complaint, and they are only willing to repair damaged property that can only be seen from the road? On October 6-8, 2015, Homeowner yet again took photos of damaged property from mud going under the black silt fencing, which Hakes Brothers claims, "We are pleased that our cleanup and silt-fencing are doing the job intended and have not allowed dirt and mud to spill into our homeowner’s front yard." On November 17, 2015, Homeowner again took photos of the silt fencing falling down and mud going under the silt fencing and penetrating the Homeowners rock! ----- Lie number four. If the silt fencing is doing such a wonderful job, why is the mud of Hakes Brothers property penetrating the rock of the property of the Homeowner still? Something else to consider: the head of Hakes Brothers stated the following: "Ismael is the Customer Relations Manager for Valencia Park and he is very dedicated to giving good service. I know he has overseen several repairs at your home. He has the authority to make judgment calls in unique scenarios, and I trust him. I do not make a habit of overruling him on his decisions and I will let him decide how to handle this situation." I forsee Hakes Brothers representatives yet again passing the buck on this one; however, they documented in writing that they trust their employee and think that his decisions are the best course of action. The owners are well aware of the situation and continue to ignore the problem. This behavior is unacceptable. The Homeowner would also like to address another lie of Hakes Brothers: ----- Lie number five. The damage that has occured to the Homeowners property was not incurred because of wind! The Homeowners property was destroyed because of mud going over or under their rock due to water! Hakes Brothers representatives continue to blame the damage incurred on windy days, but the damage that has occurred were on rainy days!Desired Resolution: RepairDesired Outcome I want Hakes Brothers to build the permanent wall between my property and their property now! I want Hakes Brothers to build the requested wall to the cement and even out the pony wall on the other side of my residence. As for the rock between my cement and the street, I want Hakes Brothers to maintain this rock, with no mud, until the undeveloped property owned by Hakes Brothers is developed!
Dear Revdex.com,
Our homeowner has been persistently pursuing this wall since
before the home was closed on. During
the pre-closing walk-through, our homeowner stated that they wanted a wall on
the right side property line to block any dirt from coming into their yard. The
field representative that performed the walk-through with our homeowner explained
that the perimeter wall policy was that we don’t build walls on the entire side property line,
but that we would make sure that dirt and mud were cleaned up if it did spill
into their property. The homeowner closed on the home after being given this
information. Since dirt and mud did spill into their property, we have made
great efforts and spent the money necessary to remedy the situation. Attached
are photos from October 19th that were taken after the October 16-17
cleanup efforts. Also attached are photos from November 19th, after
the property had received substantial amounts of rain over the month in between
photos. These photos show that the efforts to keep mud and dirt from coming
into the yard have been successful since the October efforts were made. There
have been several hard rains since that time.
In the November 17th photo that was attached by our homeowner,
a small amount of dirt is visible between the street curb and the City sidewalk. This dirt is also visible in Photo #3 that we attahed. This area is property of the City. To show goodwill, we will clean this area up
as well. This area of City property would be difficult to maintain even if
there was a wall built on the side property line because the wall on the side property
line would not be allowed into this area. The walls cannot jump the sidewalk. But
out of goodwill we will maintain this area for our homeowner.
As our homeowner has stated, a representative of Hakes
Brothers made the call in the field to provide our homeowner with a wall on the
right side of their home. The field representative told the homeowner that it
would have to wait until the subdivision was substantially complete so that
similar walls were not expected as a standard feature of all of our homes in
this subdivision. We will stand by the decision made by the field
representative because our homeowner has been inconvenienced by the mud that occurred
during the summer rains and because we want to honor the field representative’s
decision. It will be installed when the subdivision has been substantially
built-out by our company.
Revdex.com, we feel this is more than fair. The perimeter wall policy, which
was agreed to by our homeowner in writing, states that we do not guarantee the
height, length, or location of any wall. Our homeowner closed on this home
without the wall on the right side. Our model home does not have walls that run the entire side property line. The home and yard look great now as evidenced by the
photos. Any further spillage, although unlikely, will be cleaned immediately. We will honor the decision made by the field representative out of goodwill
for our homeowner when the subdivision is substantially built-out by our
company. Sincerely, The Hakes Brothers Customer Service Team
Complaint: [redacted]
I am rejecting this response because:This does nothing to address the shady practices exercised by Hakes in regards to what was signed, and witnessed by a 3rd party and what was set to be delivered. Deposit money was given in good faith of the promises made by the Hakes representative Henry G[redacted] verbally and contractually and these promises never came into fruition. We are simply requesting our deposit back to get on with our lives and Hakes can still sell the house as new to a new customer. Hakes' unwillingness to admit guilt in this case despite mounting evidence that errors were made speaks volumes about this company.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]
This is a rebuttal on complaint # [redacted] This is to address the lies that were presented in the response received from Hakes Brothers representativesInserted within this rebuttal are email correspondences where Hakes Brothers representatives promised a pony wall and the homeowner can provide dated photos referencing the damage incurred to their propertyOn July 24, 2015, Homeowner complained and took numerous photos of the damage incurred to their property because of the vacant lot next to themOn August 12, 2015, Homeowner took a photo of the black silt mesh being placed around the vacant lot property and the removal of numerous feet of mud and rockLie number one of Hakes Brothers representatives: "We understand our homeowner’s concern about dirt and mud getting on their landscaping rock in the front yardOn Friday, October 16th, we completed an extensive cleof our homeowner’s yard and have firmly placed silt-fencing that divides the empty lot and our homeowner’s front yardSince that date, our homeowner’s yard has looked very clean and newWe have since had several days of rain, including heavey rain, and the appearance of our homeowner’s yard has not been diminished by the rain." ------- Lie number one: Hakes Brothers did not place the black silt fencing October 16, 2015, that silt fencing was placed on/around August 12, If the silt fencing was doing such a wonderful job, then begs the question, why did Hakes Brothers have to do extensive cleon October 16, 2015? Numerous complaints were made between August 12, and October 16, Numerous times, the vacant lot caused damage to the Homeowners propertyHomeowner spoke with numerous representatives and had numerous Hakes Brothers representatives look and/or work on cleaning up the damage incurred by Hakes Brothers propertyHakes Brothers representatives that did the clean up on October 16, even commented that they didn't know why they were cleaning up the Homeowners property because the Homeonwer was going to continue to have this same problem until a pony wall was put in! The following were email correspondences between Hakes Brothers representatives and Homeowner: Emailed: October 12, "Good morning, Our superintendent stopped by to get a look at the front yard that was covered in mud from the last rainAttached are some pictures that he tookIs the mud and dirt in the same are that was pointed out to me the last time we met? I will be having our landscaping contractor go out and pull the rocks back, remove the mud / dirt and then reinstall the rocks to their original locationI did agree to clean this area of soil that washed over from the next door lot if it became unsightlyI wouldn't say that it is terrible right now as the only area that I see from the picture is a small area in the the road verge, which I can see from the picture taken from the streetAs I previously communicated with you through our last email, I did agree to add a pony wall to the right side of your home when the lot was built outI did try to expedite this but it will not happen until the lot is indeed built outTo review of what I agreed to do until the pony wall build, I can agree to help out with some clean up if the front yard begins to look unreasonably badUnreasonably bad is what we are looking forThe fact that we do live in the desert and that wind blown dirt and dust are common is expected but the fact that there is an empty lot that has in the past allowed water to bring unwanted dirt to the perimeter of your yard can not be avoided until the lot is builtUntil then I would like to help you out with thatIf it looks noticeably bad as seen from the street we should be able to help with thatThis is not a warrant able item but again, we would like to help." Emailed: September 24, "In regards to the continued yard maintenance that you said that we promised we would do, I don't have an answer as to who said that but I can agree to help out with some clean up if the front yard begins to look unreasonably badUnreasonably bad is what we are looking forThe fact that we do live in the desert and that wind blown dirt and dust are common is expected but the fact that there is an empty lot that has in the past allowed water to bring unwanted dirt to the perimeter of your yard can not be avoided until the lot is builtUntil then I would like to help you out with thatIf it looks noticeably bad as seen from the street we should be able to help with thatThis is not a warrant able item but again, we would like to helpI would also agree to give you our word that we will install a pony wall on the right side of your home, but will do it for you once the subdivision is built-out." ------ Lie number twoHakes Brothers representatives stated in their Revdex.com response, "Our homeowner has requested that we build a wall that divides their property from the lot next door, extending from the rear property line to the front property lineThis type of wall is not something that we do in our subdivisions unless it is an engineered retaining wall required by the municipality in which we are buildingThe Model Home at the subdivision where our homeowner lives is a representation of what our homeowners can expect when they buy a home from us inside the same subdivisionThe Model Home does not have a wall dividing the side properties from the rear to the front property lineWe also make our perimeter wall policy very clear at the time we sign a Purchase Agreement, and each of our homeowners signs that they accept this policy, which is that we do not guarantee the length or height of their perimeter wallsOur homeowner agreed to this policyIt would not be fair to our other homeowners in this subdivision if we built a wall for this particular home and not for the othersWe want to treat all of our homeowners the same, we feel it is the right thing to do." If you did not have any intension of building a pony wall to divid the property between the Homeowners property and that of the vacant Hakes Brothers property, then why did a Hakes Brothers representative promise such a wall in written correspondence, not once, but twice? -------- Lie number threeHakes Brothers representatives stated, "At some point in the future, a home will be built on the empty lot and this issue will no longer existIn the meantime, we feel that we have been diligent in responding to our homeowner and taking care of this concern for them." However, if this was the case, then why are their responses not timely, the Homeowner is still dealing with mud in their front yard five months since the first complaint, and they are only willing to repair damaged property that can only be seen from the road? On October 6-8, 2015, Homeowner yet again took photos of damaged property from mud going under the black silt fencing, which Hakes Brothers claims, "We are pleased that our cleanup and silt-fencing are doing the job intended and have not allowed dirt and mud to spill into our homeowner’s front yard." On November 17, 2015, Homeowner again took photos of the silt fencing falling down and mud going under the silt fencing and penetrating the Homeowners rock! ----- Lie number fourIf the silt fencing is doing such a wonderful job, why is the mud of Hakes Brothers property penetrating the rock of the property of the Homeowner still? Something else to consider: the head of Hakes Brothers stated the following: "Ismael is the Customer Relations Manager for Valencia Park and he is very dedicated to giving good serviceI know he has overseen several repairs at your homeHe has the authority to make judgment calls in unique scenarios, and I trust himI do not make a habit of overruling him on his decisions and I will let him decide how to handle this situation." I forsee Hakes Brothers representatives yet again passing the buck on this one; however, they documented in writing that they trust their employee and think that his decisions are the best course of actionThe owners are well aware of the situation and continue to ignore the problemThis behavior is unacceptableThe Homeowner would also like to address another lie of Hakes Brothers: ----- Lie number fiveThe damage that has occured to the Homeowners property was not incurred because of wind! The Homeowners property was destroyed because of mud going over or under their rock due to water! Hakes Brothers representatives continue to blame the damage incurred on windy days, but the damage that has occurred were on rainy days!Desired Resolution: RepairDesired Outcome I want Hakes Brothers to build the permanent wall between my property and their property now! I want Hakes Brothers to build the requested wall to the cement and even out the pony wall on the other side of my residenceAs for the rock between my cement and the street, I want Hakes Brothers to maintain this rock, with no mud, until the undeveloped property owned by Hakes Brothers is developed!
Dear Revdex.com, We appreciate the opportunity to respond.We regret that our Homeowner is not satisfiedOur Contract is very clear that we do not make changes after the Design consultation has been completed (see attachment)We have done wine racks before and extra electrical outlets for Homeowners, but these options need to be selected before the Design consultation is completed.Our Homeowner did receive the change from Satin Nickel to Oil Rubbed Bronze fixtures that he requested, so I am not sure what he is referring to regarding that.In this subdivision, we do not offer shelving in the garageBut we did help our Homeowner obtain the contact information of preferred vendors who could help him install the shelving post-closing.As far as we know, we do not have any record of extra outlets being drawn on any contract paperworkWe are willing to do this for our Homeowner if he feels that he was promised it, in good faith for our Homeowner.We regret that our Homeowner feels this has been a difficult processWe strive to build quality homes and have happy homeowners SincerelyThe Hakes Brothers Customer Service Team
Complaint: [redacted] I am rejecting this response because:This does nothing to address the shady practices exercised by Hakes in regards to what was signed, and witnessed by a 3rd party and what was set to be delivered. Deposit money was given in good faith of the promises made by the Hakes representative Henry G [redacted] verbally and contractually and these promises never came into fruition. We are simply requesting our deposit back to get on with our lives and Hakes can still sell the house as new to a new customer. Hakes' unwillingness to admit guilt in this case despite mounting evidence that errors were made speaks volumes about this company. Regards, [redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]
Complaint: [redacted] I am rejecting this response because: Responsibility of their problems have not been properly addressed Given that these particular problems have continued on with other homes, Hakes Brothers have totally missed the point of my particular concerns I met with MrHakes, their lead superintendent, a site supervisor and their site sales representative MrHakes was profusely apologetic for the quality for workmanship performed to correct the problem I explained to him it was a shame it had to come to a Revdex.com complaint to have my concerns addressed especially since his lead superintendent had previously commented " inform the customer the material used to backfill the trench is what we normally use and he should have no concerns since he has a year warranty on the foundation." "What we normally use" implying this has happened before? To deflect blame upon the plumber is not accepting responsibility Though that very well may be the case in this particular instance, the fact remains they have serious construction issues concerning communication and site supervision of their projects Why then employ a lead superintendent and a site supervisor to ensure these kind of problems do not keep recurring? Fact is after they trenched both the powder room and the kitchen because of oversights during the infrastructure phase, the foundation looked as if someone was trying to piece a jig saw puzzle back together I may add that at my insistence the trenching was dug back up only to discover the post tension cabling had been damaged and cut All subsequent work was also totally inferior and covered up before any proper inspections took placeHakes Brothers response is that all measures will be taken to properly repair the damage done to the foundation Had I not filed this complaint work would have continued and the original repairs would have sufficed by them In all probability the repairs will be properly addressed and someone will end up with a nice home If I refused to continue on with this purchase it was due to a lack of confidence with the integrity of said foundation The point is why should anyone ever have to go through this again? After my refusal to purchase this home I informed them I wanted to stay as a customer I had their site sales representative show me a spec home still under construction That home had a trench in the kitchen where the infrastructure for the center island had also not been accounted for A colleague purchased one of their homes though at a different site He went through the same situation with the center island in his home The termination of this contract is evidence of their mistakes and in that regard acceptance of responsibility Where they have refused to accept their responsibilities is in recognizing the unnecessary trenching or cutting up of any foundation because no one there seems to be able to get it right from the beginning BEFORE THE FOUNDATION IS POURED! MrHakes is correct when he states I have decided to purchase a Hakes Brothers home though at a more expensive site They are under notice I will be keeping an eye out on this project to ensure the house is built to my satisfaction After all who is the customer here and who is ultimately paying for it? What MrHakes has totally neglected to see is the inconvenience they unnecessarily put me through That along with four wasted months of my time while the home was under construction Regards, [redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason if he complaint will be closed Administratively Resolved]
Dear Revdex.com,
Roman">
A mistake was made by the plumberThis type
of mistake, when repaired per a licensed structural engineer's design, is not
detrimental to the integrity of the foundationWe have given all of the
information to our structural engineer, including detailed dimensions of the
cut in the concrete, and pictures of the cut and the post-tension cables and plumbing
inside the cutsWe are awaiting the engineers' design for a repair and will
fully comply with their prescribed repairWe will also have a representative
of the engineering firm inspect and confirm that their repair instructions were
followed exactly before we proceed and complete the repairAfter completing
the repair, the design will meet or exceed the original designWe explained to
our customer that the foundation will meet or exceed the original design, but
the customer refused to purchase this home
We have terminated his
contract for this home and he has decided to buy a home from us in a different
subdivisionAll deposits from the original purchase have been applied to the
new home purchase
We feel that this
matter has been resolved, given that his original foundation would have met or
exceeded the integrity of the original design after the repair was performed
The decision to terminate the contract and buy another home was his preference
and we accommodated that decisionWe feel we have gone above and beyond to
resolve his concerns and help him to change houses when we did not breach our
contract with him
Dear Revdex.com,
Roman">
We appreciate the
opportunity to respond to our homeowner’s concern
We understand our
homeowner’s concern about dirt and mud getting on their landscaping rock in the
front yardOn Friday, October 16th, we completed an extensive
cleof our homeowner’s yard and have firmly placed silt-fencing that
divides the empty lot and our homeowner’s front yardSince that date, our
homeowner’s yard has looked very clean and newWe have since had several days
of rain, including heavey rain, and the appearance of our homeowner’s yard has
not been diminished by the rain We are
pleased that our cleanup and silt-fencing are doing the job intended and have not allowed dirt and mud to spill into our homeowner’s front yard
We do believe it is possible
that due to wind and rain activity, some dirt and mud could make its way into the yard
again, but we believe it will be very minimal and we will quickly clean it up
for our homeownerWe want our homeowner to have a beautiful yardTo date, we
have spent over $to keep our homeowner’s lot clean and we hope that shows
good faith that we want to take care of themAt some point in the future, a home will
be built on the empty lot and this issue will no longer existIn the meantime,
we feel that we have been diligent in responding to our homeowner and taking care
of this concern for them
Our homeowner has
requested that we build a wall that divides their property from the lot next
door, extending from the rear property line to the front property line.
This type of wall is not something that we do in our subdivisions unless it is
an engineered retaining wall required by the municipality in which we are
buildingThe Model Home at the subdivision where our homeowner lives is a representation of what our homeowners can expect when they buy a home from
us inside the same subdivisionThe Model Home does not have a wall dividing the side properties from the rear to the
front property lineWe also make our perimeter wall policy very clear at the
time we sign a Purchase Agreement, and each of our homeowners signs that they
accept this policy, which is that we do not guarantee the length or height of
their perimeter wallsOur homeowner agreed to this policyIt would not be
fair to our other homeowners in this subdivision if we built a wall for this
particular home and not for the othersWe want to treat all of our homeowners
the same, we feel it is the right thing to do
We look forward to continuing to providing warranty service to
our homeowner. Thank you again for
the opportunity to respond to this issue
Sincerely
The Hakes Brothers
Customer Relations Team
Dear Revdex.comThank you for the opportunity to respond to this issue.We are sorry that our homeowner feels that there is a repair neededOur Superintendent, our Customer Service Manager, and our Construction Manager have been in contact with our homeowner and have explained to them that the only
way to have on-demand hot water is to install a recirculating pumpThe recirculating pump is an upgrade (not required by code) that is available to our homeowners and we do install the pump for those that request itThis upgrade was not selected by our homeowner for their home. Fortunately, there are many products that our homeowner can purchase from home improvement stores that are designed to help with this issue. This home was plumbed per industry standards and all relevant codes, and passed all inspectionsThe work was performed by a licensed and reputable plumberThere is no defect here to address.We intend to honor our warranty obligations that we have with each and every homeownerThis issue is not covered by our warrantyThis issue is considered homeowner's responsibility per our contract with the homeowner.Thank you again for the opportunity to respond to this issue
Complaint: ***
I am rejecting this response because:Homeowners' replies to the builder's statements are found below, underlined. Our Superintendent, our Customer Service Manager, and our Construction Manager have been in contact with our homeowner and have explained to them that the only way to have on-demand hot water is to install a recirculating pump. * We are not asking for or expecting on-demand hot waterWe understand that for hot water to arrive at faucets around the house, it can take some timeOur issue is the amount of time it takesEarly enough in the morning, it can take up to four minutes to arrive in the master showerTo reiterate a statement we made earlier, we have yet to spend a winter in the home, how long might it take hot water to arrive in the colder months? Never have we expected on-demand hot waterWe have posed several questions/requests to Hakes, which have been ignoredOne of the items was "What is considered an acceptable amount of time for hot water to arrive?" Now we would ask for the definition of on demand hot water? Our concern is not based on preference but on the fact that water is a precious resource to begin with, but even more so being that we live in the desertFurthermore, the statement that a recirculating pump is the only way to have hot water "on demand" is false. The recirculating pump is an upgrade (not required by code) that is available to our homeowners and we do install the pump for those that request itThis upgrade was not selected by our homeowner for their home. *We were told about a recirculating pump after we added hot water arrival to our list of items that needed attention in the first daysIt was never discussed pre construction, or never offered as an upgradeNor were we made aware that our home, and several other Hakes homes on the block, come to find out, would be built without return hot water loop pipingIt seems the most cost effective, energy efficient method of supplying hot water in a responsible mannerIn our research we have found that omitting a return loop is a way for "builders to cut costs in a way the homeowner won't see". Fortunately, there are many products that our homeowner can purchase from home improvement stores that are designed to help with this issue. This home was plumbed per industry standards and all relevant codes, and passed all inspections. We have specifically requested the the names of all inspectors so as to continue researching whether or not more effective plumbing options could have been made availableThis request has been ignoredWhy should we have to buy anything to improve a Brand NEW "Energy Efficient" Home? If this is industry standards, the industry is full of short cuts and ways to cheat Hard Working Am***ansThe work was performed by a licensed and reputable plumber. * When asked whether the home plumbing system included a return loop, the licensed plumber said no and mentioned that he would no longer be working with Hakes due to professional differencesThat is an immediate red flag in any circumstance! If they don't want to do business with them, why should we? We have asked for our home's plumbing and piping plansThis request has been ignored There is no defect here to addressEven if a return loop was not the most effective way to plumb for hot water, perhaps Hakes could have worked to troubleshoot the issue Water pressure to the master shower was an item needing to be addressedUpon inspection Hakes' plumber found "construction debris" in the master shower pipeWhat if the irresponsible amount of time it takes for hot water to arrive anywhere in the house is due to another blockage somewhere? We have requested that the plumbing be inspected, and have been ignoredWe requested that the hot water heater itself be testedPerhaps there was a malfunction thereIs it functioning properly? Is it, in fact, brand new? This request has been ignoredWe intend to honor our warranty obligations that we have with each and every homeowner. *Intending to, and actually honoring warranty obligations are two different thingsIf the Construction Manager will not even respond to email requests, the above mentioned requests to name a few, how can homeowners believe any warranty obligation will even be considered? This issue is not covered by our warrantyThis issue is considered homeowner's responsibility per our contract with the homeowner*Which specific issue is not covered by their warranty? A faulty HWH? A malfunction in the piping? Or the fact that it takes an irresponsible amount of time for hot water to arrive at all faucets? Hakes mentions what the warranty doesn't cover, as opposed to troubleshooting, perhaps the issue is covered. We are sorry for trusting Hakes with this investmentThere are lovely features about our home, but miscommunication between sales reps, members of the design team and, finally, this blatant disregard for conservation has left us disappointedWe will not be recommending this company and their product to any of our MANY families and friends in the futureFirst Time New Homeowners should not have to go through this with any company.
Regards,
*** ***
Included is the contract in question in regards to the return of the depositOn the Revdex.com response they mentioned they would give me back the deposit minus $however the truth is the wording of the contract says otherwise and leaves Hakes with the ability to not return any of itI have attached an email conversation as well as a snapshot of the docusign email and the contract in question I just ask that Hakes stay true to what was stated in the Revdex.com response and right a contract that says they will return the deposit minus the $when the house is sold with no additional language. Regards, *** ***
Complaint: ***
I am rejecting this response because: Hakes has agreed to return my initial deposit minus administration fees $however, they also stated this was contingent on the house selling by a specific date and contingent on Hakes not having to give any incentive to a prospective buyerShould the house not be sold by the specific date I will be charged daily and may even lose my entire depositOnce again leaving wiggle room to snake out of giving me my money backIf they simply stated they would give me my money back minus a $administration fee period, all would be well I would close this with the Revdex.com and we all could move on with our lives. I do hope Hakes does the right thing and states that my money will be given back minus the $when the home is sold, if not sooner, periodNo other contingenciesI am beyond shocked that a company that is trying to position itself in a new market as a reputable builder is engaging in such activities
Regards,
*** *** [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason the complaint will be closed Answered]
Dear Revdex.com,
Roman","serif"Times New Roman""> Hakes Brothers has and
continues to act in good faith to service our customer’s homeIn addition to
fulfilling our warranty commitment to our homeowner, we have gone the extra
mile on fixes that are not covered by warranty out of goodwillUpon receiving
this complaint, we attempted to call our homeowner to see if we can go over
these items with them to make sure we are on the same page, and the homeowner was
unwilling to meet with usWe are happy to continue to work with our homeowner as they allow us to do so. There was a
misunderstanding with the master bathroom bathtubOur Plumber's technicians
arrived for a service call to ensure there was hot water in the master bathroom
bathtubWhile there, they noticed that the faucet for the bathtub was slightly
loose (which they attempted to tighten as a courtesy to the homeowner despite
the fact that they were there to look at the hot water issueThe homeowner had
never mentioned a loose faucet to us)The Plumber made an appointment with
either the homeowner or a friend/relative to return the next day to come and
tighten the faucetTo tighten the faucet, it would have been necessary to
remove the tub, which is easily done without causing damage to the tub as it is
a "drop-in" or "non-skirted" tubThe tub would have been
re-set within an hour's timeWhen they returned the next day to perform this,
the homeowner did not permit the work to be performedWe can only assume they
did not want the faucet to be tightenedWe remain willing to provide this fix. Regarding the
landscaping plants, there were plants that were reported dead before the
warranty expired that have been replacedWe are not aware of any plants that
need to be replaced at this time nor has that been requested of usWe are
willing to go look at any plants that are dead. Regarding the large
sliding glass door and the scratched windows, the homeowner asked us to replace
a piece of damaged weatherstripping and we did that for them at our costAt
the homeowner's orientation walk-through, they noted minor scratches on
different windows, which we replaced for them at our costOur policy is to
replace scratched windows/glass that are noted before the home is occupied by
the homeownerWe have performed according to our warranty commitment in regard
to the large sliding glass door and the windows that were replaced. Lastly, regarding the
cabinets, there appears to be a misunderstanding here as wellAt the homeowner
walk-through, some scratches or scuffs on the cabinets were noted, and we
attempted to repair them through a touprocessThis is the
response for minor cabinet scuffs and we told the homeowners that we do not
normally replace cabinet doors if they look good after being touched-upWe did
perform the touprocess, and when the homeowner was not satisfied with
this, we ordered six (6) cabinet doors and two (2) drawer fronts on
July 14, and they will be installed on August 22, The July 14th,
order date for these materials occured one week before the homeowner filed
this complaint on July 21, 2015, as seen on the PO that is attached to this
response. We feel that these
matters have been resolved, given that we have fulfilled our warranty
commitment 100% with our homeowner, have gone the extra mile, and given the
fact that our homeowner is unwilling to meet with us to go over any additional
warranty itemsWe do not understand the harsh insults and language that are
used in this complaintWe work very hard to have happy homeowners, and we have
many happy homeowners We remain ready
and willing to go and investigate any further warranty items that our homeowner
wishes to resolve at this time. Sincerely,
The Hakes Brothers
Customer Service Team
Dear Revdex.com, We appreciate the opportunity to respond.We regret that our Homeowner is not satisfied. Our Contract is very clear that we do not make changes after the Design consultation has been completed (see attachment). We have done wine racks before and extra electrical outlets for...
Homeowners, but these options need to be selected before the Design consultation is completed.Our Homeowner did receive the change from Satin Nickel to Oil Rubbed Bronze fixtures that he requested, so I am not sure what he is referring to regarding that.In this subdivision, we do not offer shelving in the garage. But we did help our Homeowner obtain the contact information of preferred vendors who could help him install the shelving post-closing.As far as we know, we do not have any record of extra outlets being drawn on any contract paperwork. We are willing to do this for our Homeowner if he feels that he was promised it, in good faith for our Homeowner.We regret that our Homeowner feels this has been a difficult process. We strive to build quality homes and have happy homeowners. SincerelyThe Hakes Brothers Customer Service Team
Complaint: [redacted]
I am rejecting this response because: Responsibility of their problems have not been properly addressed. Given that these particular problems have continued on with other homes, Hakes Brothers have totally missed the point of my particular concerns. I met with Mr. Hakes, their lead superintendent, a site supervisor and their site sales representative. Mr. Hakes was profusely apologetic for the quality for workmanship performed to correct the problem. I explained to him it was a shame it had to come to a Revdex.com complaint to have my concerns addressed especially since his lead superintendent had previously commented " inform the customer the material used to backfill the trench is what we normally use and he should have no concerns since he has a 10 year warranty on the foundation." "What we normally use" implying this has happened before? To deflect blame upon the plumber is not accepting responsibility. Though that very well may be the case in this particular instance, the fact remains they have serious construction issues concerning communication and site supervision of their projects. Why then employ a lead superintendent and a site supervisor to ensure these kind of problems do not keep recurring? Fact is after they trenched both the powder room and the kitchen because of oversights during the infrastructure phase, the foundation looked as if someone was trying to piece a jig saw puzzle back together. I may add that at my insistence the trenching was dug back up only to discover the post tension cabling had been damaged and cut. All subsequent work was also totally inferior and covered up before any proper inspections took place. Hakes Brothers response is that all measures will be taken to properly repair the damage done to the foundation. Had I not filed this complaint work would have continued and the original repairs would have sufficed by them. In all probability the repairs will be properly addressed and someone will end up with a nice home. If I refused to continue on with this purchase it was due to a lack of confidence with the integrity of said foundation. The point is why should anyone ever have to go through this again? After my refusal to purchase this home I informed them I wanted to stay as a customer. I had their site sales representative show me a spec home still under construction. That home had a trench in the kitchen where the infrastructure for the center island had also not been accounted for. A colleague purchased one of their homes though at a different site. He went through the same situation with the center island in his home. The termination of this contract is evidence of their mistakes and in that regard acceptance of responsibility. Where they have refused to accept their responsibilities is in recognizing the unnecessary trenching or cutting up of any foundation because no one there seems to be able to get it right from the beginning. BEFORE THE FOUNDATION IS POURED! Mr. Hakes is correct when he states I have decided to purchase a Hakes Brothers home though at a more expensive site. They are under notice I will be keeping an eye out on this project to ensure the house is built to my satisfaction. After all who is the customer here and who is ultimately paying for it? What Mr. Hakes has totally neglected to see is the inconvenience they unnecessarily put me through. That along with four wasted months of my time while the home was under construction.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason if he complaint will be closed Administratively Resolved]
Dear Revdex.comWe are grateful for the opportunity to respond to our customer. Our customer agreed that once we started their home that we cannot refund their deposit. Although we agreed with our customer to not refund the deposit, we are willing to refund their deposit once we can sell their home to someone else, minus a small administrative fee. We regret that our customer feels there was a miscommunication. To avoid miscommunication, our policy is to put contract details in writing, so that everyone can read and understand the details together. When our customer first purchased their home, we emailed them a copy of the contract for them to review. We have fulfilled our responsibilities that were agreed on in our contract with our customer. Thank you for the opportunity to respond.SincerelyThe Hakes Brothers Customer Service Team
This is a rebuttal on complaint # [redacted]. This is to address the lies that were presented in the response received from Hakes Brothers representatives. Inserted within this rebuttal are email correspondences where Hakes Brothers representatives promised a pony wall and the homeowner can provide dated photos referencing the damage incurred to their property. On July 24, 2015, Homeowner complained and took numerous photos of the damage incurred to their property because of the vacant lot next to them. On August 12, 2015, Homeowner took a photo of the black silt mesh being placed around the vacant lot property and the removal of numerous feet of mud and rock. Lie number one of Hakes Brothers representatives: "We understand our homeowner’s concern about dirt and mud getting on their landscaping rock in the front yard. On Friday, October 16th, we completed an extensive clean-up of our homeowner’s yard and have firmly placed silt-fencing that divides the empty lot and our homeowner’s front yard. Since that date, our homeowner’s yard has looked very clean and new. We have since had several days of rain, including heavey rain, and the appearance of our homeowner’s yard has not been diminished by the rain." ------- Lie number one: Hakes Brothers did not place the black silt fencing October 16, 2015, that silt fencing was placed on/around August 12, 2015. If the silt fencing was doing such a wonderful job, then begs the question, why did Hakes Brothers have to do extensive clean-up on October 16, 2015? Numerous complaints were made between August 12, 2015 and October 16, 2015. Numerous times, the vacant lot caused damage to the Homeowners property. Homeowner spoke with numerous representatives and had numerous Hakes Brothers representatives look and/or work on cleaning up the damage incurred by Hakes Brothers property. Hakes Brothers representatives that did the clean up on October 16, 2015 even commented that they didn't know why they were cleaning up the Homeowners property because the Homeonwer was going to continue to have this same problem until a pony wall was put in! The following were email correspondences between Hakes Brothers representatives and Homeowner: Emailed: October 12, 2015 "Good morning, Our superintendent stopped by to get a look at the front yard that was covered in mud from the last rain. Attached are some pictures that he took. Is the mud and dirt in the same are that was pointed out to me the last time we met? I will be having our landscaping contractor go out and pull the rocks back, remove the mud / dirt and then reinstall the rocks to their original location. I did agree to clean this area of soil that washed over from the next door lot if it became unsightly. I wouldn't say that it is terrible right now as the only area that I see from the picture is a small area in the the road verge, which I can see from the picture taken from the street. As I previously communicated with you through our last email, I did agree to add a pony wall to the right side of your home when the lot was built out. I did try to expedite this but it will not happen until the lot is indeed built out. To review of what I agreed to do until the pony wall build, I can agree to help out with some clean up if the front yard begins to look unreasonably bad. Unreasonably bad is what we are looking for. The fact that we do live in the desert and that wind blown dirt and dust are common is expected but the fact that there is an empty lot that has in the past allowed water to bring unwanted dirt to the perimeter of your yard can not be avoided until the lot is built. Until then I would like to help you out with that. If it looks noticeably bad as seen from the street we should be able to help with that. This is not a warrant able item but again, we would like to help." Emailed: September 24, 2015 "In regards to the continued yard maintenance that you said that we promised we would do, I don't have an answer as to who said that but I can agree to help out with some clean up if the front yard begins to look unreasonably bad. Unreasonably bad is what we are looking for. The fact that we do live in the desert and that wind blown dirt and dust are common is expected but the fact that there is an empty lot that has in the past allowed water to bring unwanted dirt to the perimeter of your yard can not be avoided until the lot is built. Until then I would like to help you out with that. If it looks noticeably bad as seen from the street we should be able to help with that. This is not a warrant able item but again, we would like to help. I would also agree to give you our word that we will install a pony wall on the right side of your home, but will do it for you once the subdivision is built-out." ------ Lie number two. Hakes Brothers representatives stated in their Revdex.com response, "Our homeowner has requested that we build a wall that divides their property from the lot next door, extending from the rear property line to the front property line. This type of wall is not something that we do in our subdivisions unless it is an engineered retaining wall required by the municipality in which we are building. The Model Home at the subdivision where our homeowner lives is a representation of what our homeowners can expect when they buy a home from us inside the same subdivision. The Model Home does not have a wall dividing the side properties from the rear to the front property line. We also make our perimeter wall policy very clear at the time we sign a Purchase Agreement, and each of our homeowners signs that they accept this policy, which is that we do not guarantee the length or height of their perimeter walls. Our homeowner agreed to this policy. It would not be fair to our other homeowners in this subdivision if we built a wall for this particular home and not for the others. We want to treat all of our homeowners the same, we feel it is the right thing to do." If you did not have any intension of building a pony wall to divid the property between the Homeowners property and that of the vacant Hakes Brothers property, then why did a Hakes Brothers representative promise such a wall in written correspondence, not once, but twice? -------- Lie number three. Hakes Brothers representatives stated, "At some point in the future, a home will be built on the empty lot and this issue will no longer exist. In the meantime, we feel that we have been diligent in responding to our homeowner and taking care of this concern for them." However, if this was the case, then why are their responses not timely, the Homeowner is still dealing with mud in their front yard five months since the first complaint, and they are only willing to repair damaged property that can only be seen from the road? On October 6-8, 2015, Homeowner yet again took photos of damaged property from mud going under the black silt fencing, which Hakes Brothers claims, "We are pleased that our cleanup and silt-fencing are doing the job intended and have not allowed dirt and mud to spill into our homeowner’s front yard." On November 17, 2015, Homeowner again took photos of the silt fencing falling down and mud going under the silt fencing and penetrating the Homeowners rock! ----- Lie number four. If the silt fencing is doing such a wonderful job, why is the mud of Hakes Brothers property penetrating the rock of the property of the Homeowner still? Something else to consider: the head of Hakes Brothers stated the following: "Ismael is the Customer Relations Manager for Valencia Park and he is very dedicated to giving good service. I know he has overseen several repairs at your home. He has the authority to make judgment calls in unique scenarios, and I trust him. I do not make a habit of overruling him on his decisions and I will let him decide how to handle this situation." I forsee Hakes Brothers representatives yet again passing the buck on this one; however, they documented in writing that they trust their employee and think that his decisions are the best course of action. The owners are well aware of the situation and continue to ignore the problem. This behavior is unacceptable. The Homeowner would also like to address another lie of Hakes Brothers: ----- Lie number five. The damage that has occured to the Homeowners property was not incurred because of wind! The Homeowners property was destroyed because of mud going over or under their rock due to water! Hakes Brothers representatives continue to blame the damage incurred on windy days, but the damage that has occurred were on rainy days!Desired Resolution: RepairDesired Outcome I want Hakes Brothers to build the permanent wall between my property and their property now! I want Hakes Brothers to build the requested wall to the cement and even out the pony wall on the other side of my residence. As for the rock between my cement and the street, I want Hakes Brothers to maintain this rock, with no mud, until the undeveloped property owned by Hakes Brothers is developed!
Dear Revdex.com,
Our homeowner has been persistently pursuing this wall since
before the home was closed on. During
the pre-closing walk-through, our homeowner stated that they wanted a wall on
the right side property line to block any dirt from coming into their yard. The
field representative that performed the walk-through with our homeowner explained
that the perimeter wall policy was that we don’t build walls on the entire side property line,
but that we would make sure that dirt and mud were cleaned up if it did spill
into their property. The homeowner closed on the home after being given this
information. Since dirt and mud did spill into their property, we have made
great efforts and spent the money necessary to remedy the situation. Attached
are photos from October 19th that were taken after the October 16-17
cleanup efforts. Also attached are photos from November 19th, after
the property had received substantial amounts of rain over the month in between
photos. These photos show that the efforts to keep mud and dirt from coming
into the yard have been successful since the October efforts were made. There
have been several hard rains since that time.
In the November 17th photo that was attached by our homeowner,
a small amount of dirt is visible between the street curb and the City sidewalk. This dirt is also visible in Photo #3 that we attahed. This area is property of the City. To show goodwill, we will clean this area up
as well. This area of City property would be difficult to maintain even if
there was a wall built on the side property line because the wall on the side property
line would not be allowed into this area. The walls cannot jump the sidewalk. But
out of goodwill we will maintain this area for our homeowner.
As our homeowner has stated, a representative of Hakes
Brothers made the call in the field to provide our homeowner with a wall on the
right side of their home. The field representative told the homeowner that it
would have to wait until the subdivision was substantially complete so that
similar walls were not expected as a standard feature of all of our homes in
this subdivision. We will stand by the decision made by the field
representative because our homeowner has been inconvenienced by the mud that occurred
during the summer rains and because we want to honor the field representative’s
decision. It will be installed when the subdivision has been substantially
built-out by our company.
Revdex.com, we feel this is more than fair. The perimeter wall policy, which
was agreed to by our homeowner in writing, states that we do not guarantee the
height, length, or location of any wall. Our homeowner closed on this home
without the wall on the right side. Our model home does not have walls that run the entire side property line. The home and yard look great now as evidenced by the
photos. Any further spillage, although unlikely, will be cleaned immediately. We will honor the decision made by the field representative out of goodwill
for our homeowner when the subdivision is substantially built-out by our
company. Sincerely, The Hakes Brothers Customer Service Team
Complaint: [redacted]
I am rejecting this response because:This does nothing to address the shady practices exercised by Hakes in regards to what was signed, and witnessed by a 3rd party and what was set to be delivered. Deposit money was given in good faith of the promises made by the Hakes representative Henry G[redacted] verbally and contractually and these promises never came into fruition. We are simply requesting our deposit back to get on with our lives and Hakes can still sell the house as new to a new customer. Hakes' unwillingness to admit guilt in this case despite mounting evidence that errors were made speaks volumes about this company.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]