Holiday Builders, Inc.

I have reviewed the response made by the business in reference to complaint ID ***, and find
that this resolution would be satisfactory to me. I will wait until for the business to perform this action and, if it does, will consider this complaint resolved
Regards,
*** ***

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

The response remains as stated belowRevdex.com E Missouri AvePhoenix, AZ 85014-4585Via: Revdex.com websiteRE: Case *** * ***, *** * *** To Whom It May Concern: Attached is a copy of the Purchase Agreement And Escrow Instructions ratified 01/27/as well as it’s supporting addenda which clearly state that no oral representation can be made, everything is “done” in writing and that the construction of the home cannot be estimated accurately and the buyer should not plan on a closing until they receive the orientation and closing letterThe contract documents have four (4) acknowledgments via initials that the funds either can be or will be retained by the seller and six (6) acknowledgements by full signature that all funds on deposit will be retained by the seller as liquidated damages should the contract cancel for any reason.We are in the business of selling, building, and closing homes. We build all of our homes as comprehensively and quickly as we can, we do not purposely delay construction of any home as we don’t get paid until the home successfully closes escrow even though the municipalities get paid immediately and up front and our trade contractors get paid twice monthly for the work they’ve completed on the home. The deposits made don’t come remotely close to covering these out of pocket expenses. I respectfully request that this case be closed with prejudice. Cordially, Kathy B***Office Manager

The home owner would not allow us to use the required / recommended sand to complete the installWe have gone ahead and committed to using a silica sand base to complete the installWe will be scheduling the repair as soon as possible

That is not accurate. The require/recommended sand is...

not the correct sand that should have been used and has caused a giant mess in our courtyard that Fulton has yet to fix. While it is accurate that Fulton has agreed to use the sand that should have been used in the first place which is the silica sand, they have yet to schedule a repair and until the repair is scheduled and completed, this complaint is still valid. We have been waiting for over 6 months for Fulton to complete this job and they continue to be non-responsive to us and say they will schedule the repair, but it never happens. In order to satisfy this complaint I want the repair scheduled by 8/31 and the entire job completed by 9/15.

The work is scheduled to be "done", so I don't understand why that's unacceptable to the buyer?  Here's the schedule: Sched for next week Thurs 9/7 am w a follow up on 9/8 if needed. We are supplying the travertine and I will be meeting Victor the Forman on Thurs to get him the material. I have a appnt w Mr [redacted] on Friday 9/8 to go over his 2 year items.   -----Original Message----- From: Jeff D[redacted] Sent: Tuesday, August 29, 2017 10:00 AM To: [redacted] Cc: Todd O'[redacted] Subject: Re: You have a new message from the Revdex.com complaint #[redacted]. - when is this scheduled? Tell us why here...

We have been working with Mr. and Mrs. [redacted] since they closed escrow on their home the end of June 2016.  There has been some frustration and we felt it best to utilize an impartial third party to relieve this frustration, as you can see Mr. and Mrs. [redacted] were notified of this in...

September 2016.  The Arizona Registrar of Contractors is the customers governmental protection agency regarding construction and will rule in accordance to the building code(s) and best construction practices.  Mr. and Mrs. [redacted] need to address their concerns directly with the [redacted] who will preview their concerns, schedule an inspection if they deem necessary and issue a notice of correction to Fulton Homes for any work / repairs they want "done" that they will then re-inspection upon us notifying them the corrections have been completed.-----Original Message----- From: [redacted] Sent: Friday, September 09, 2016 1:47 PM To: 'Dean [redacted]' Subject: RE: Help Good Afternoon Mr. and Mrs. [redacted], As promised , I attempted to call you after my meeting then my meeting with Mr. D[redacted] and Mr. Fulton but I and got your voicemail.  As I mentioned in my voicemail at this point we are unable to meet your expectations, and you  voicing your desire to no longer work with Mr.  D[redacted] on your issues I believe the best solution for both of us is to have you work directly with the Arizona Registrar of Contractors.  The necessary documents are available on the [redacted] website and to save you some time and effort once your submit your claim  with the [redacted] you would not need to file a service request on our website. Thank you for your time and have a great weekend. Kathy B[redacted] Fulton HomesYou’re Proud to Own We’re Proud to Build

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

The fact that we sent someone out to look at an issue on an almost 11 year old home shows that we do value our customers and take customer care seriously but the home was 11 years old, 9 years out of warranty before the complaint was made, homes settle, soils settle that is normal not poor workmanship.

They have been issued a check for the utility bills that they put in their name but failed to close on the house.  Contractually they are NOT due any funds, times two (both contracts were both very clear and signed / initialed off on in multiple locations, multiple times)  the purchase contract is also very clear that arbitration is the agreed upon method for disputes.

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

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

Revdex.com Complaint [redacted]This customer care work order and Revdex.com Complaint was opened well after the homes warranty had expired as well as being well after the 7 year warranty of implied habitability.  This was a 10 year 6 month old home with what was found to be normal “wear and tear”.Fulton Homes...

Ce RequestService Request[redacted]Project: Summit [redacted] Lot: 0069 - [redacted]Plan: 3533 [redacted]Request Status: Closed Structural Warranty Thru: 09/13/2006Next Review:  () Inspection Date: 03/24/2015  8 - 12 AMCustomer Contact InfoCustomer Name[redacted]Customer Name: Casey Home Phone: [redacted]Work Phone:  xOther Phone: [redacted]Email[redacted] Contact Notes: Work Orders:  No   Subcontractor Issued Customer Appointment Status Completed1   Bill Bua 03/24/2015 03/30/2015 (8 - 12 AM) Closed 03/30/2015  Description: minor stucco/drywall issuesService Request Notes:Linda K[redacted] (Fulton Homes) - 3/5/2015 8:56:26 AM  I told Casey that Bill would look at the drainage in the yard to see if that is why there are excisive drywall cracks on the interior________________________________________Linda K[redacted] (Fulton Homes) - 3/5/2015 8:53:20 AM  stucco falling off around garage and at random places________________________________________Linda K[redacted] (Fulton Homes) - 3/5/2015 8:53:04 AM  left a message for Casey to call 480-753-6789 x 257 to schedule________________________________________Customer - 3/4/2015 5:16:20 PM  Stucco is falling off the house in some areas. 03/24/2015 Bua, Bill ServiceRep COE 9/13/04 minor stucco issues most or all normal wear tear and damage caused others--{RT}{NL}Drywall cracks thru out the interior of house{RT}{NL}Liv rm -ceiling crack {RT}{NL}kit/fam rm- 3 or 4 cracks {RT}{NL}back patio lid- is coming all apart.The Mrs said the patio roof holds water.There is no sign it has ever leaked and when I looked at it the crickets all seamed fine and while it{SQ}s 11 years it also looked OK. There are drainage issue around this house possibly causing movement and the cracking. I also advised her that condensation that forms patio lid also can cause this type of damage{CM} none of which she wanted to hear or listen. and it never rains in Arizona even though we just recently had record breaking rains. There is a pool over the fence near the patio which may be part of the issue of condensation. it{SQ}s also possible its been hosed off few too many times.{RT}{NL}I would not think we should make any repairs too this house03/30/2015 Bua, Bill ServiceRep Called and spoke with Mrs Brachulis too advise after reviewing we will not be making any repairs to the house. Rep closing w/o

To Whom It May Concern:   Attached is a copy of the Purchase Agreement And Escrow Instructions as well as it’s supporting addenda which clearly state that no oral representation can be made, everything is “done” in writing and that the construction of the home cannot be estimated accurately and...

the buyer should not plan on a closing until they receive the orientation and closing letter. The contract documents also have three (3) acknowledgments via initials that the funds either can be or will be retained by the seller and six (6) acknowledgements by full signature that all funds on deposit will be retained by the seller as liquidated damages should the contract cancel for any reason. Our quick close homes on the website DO NOT have promised completion dates but rather an estimated closing month with the disclosure that the month give is NOT a promised or set closing date/month. I respectfully request that this case be closed with prejudice.   Cordially,   Kathy B[redacted] Office Manager

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

Mr. and Mrs. [redacted] knew both when they purchased and when they cancelled that the funds on deposit we and are non-refundable, attached is a copy of the cancellation and the agreed upon terms thereof.  As for the utility bills our accounting department has had some turn over can not find a...

copy of the bills, if Mr. and Mrs. [redacted] would submit either by mail or email a copy of the bills a reimbursement check will be cut within two business days.

September 14, 2016Revdex.com 1010 E Missouri Ave. Phoenix, AZ 85014-4585 Via: Revdex.com website RE:  Case [redacted], [redacted] To Whom It May Concern: Attached is a copy of the Purchase Agreement And Escrow Instructions ratified 01/27/2016 as well as it’s supporting...

addenda which clearly state that no oral representation can be made, everything is “done” in writing and that the construction of the home cannot be estimated accurately and the buyer should not plan on a closing until they receive the orientation and closing letter. The contract documents have four (4) acknowledgments via initials that the funds either can be or will be retained by the seller and six (6) acknowledgements by full signature that all funds on deposit will be retained by the seller as liquidated damages should the contract cancel for any reason. We are in the business of selling, building, and closing homes.  We build all of our homes as comprehensively and quickly as we can, we do not purposely delay construction of any home as we don’t get paid until the home successfully closes escrow even though the municipalities get paid immediately and up front and our trade contractors get paid twice monthly for the work they’ve completed on the home.  The deposits made don’t come remotely close to covering these out of pocket expenses.   I respectfully request that this case be closed with prejudice.   Cordially,   Kathy B[redacted] Office Manager

I am appalled at the response from Fulton's representative. This goes well beyond just the earnest money. They are continuing to accept contracts from buyers, stringing them along with "I don't know" as a standard answer when buyers inquire about lengthy delays and would like SOME idea of a closing date. Initially, Mr. Pat M[redacted] indicated that he would everything he could to see that our full deposits are returned to us. SEE ATTACHED SCREEN SHOT FROM EMAIL SENT MY PAT M[redacted]! Now, the company has, again, gone against its word and lied. How is that ethical and acceptable?

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

the amount of false information in your response is terrible. We had multiple people out to check on the "drainage issues" that you reported and every company advised that there were not drainage issues and that the problems we are having are due to poor workmanship. To say our patio deteriorating is because of a neighbors pool is laughable if this was the case everyone would be having the issues outside of our community and they are not. you agreed to fixing many neighbors homes at the same time we submitted our request because of the same issues then decided you were getting too many complaints so you decided we were just out of luck and you were going to deny everything. I invite you to join the royal ranch families group on Facebook and see just how many of us are having issues with the poor quality homes you've provided. From shoty electrical work to caving in stucco and Failing dry wall tape joints inside and out of the homes  the amount of complaints on Revdex.com and yelp as well as Facebook when you don't delete them is amazing the disappointment Im having with your motto is high. do the right thing and fix the mistakes from the poor workmanship. I can assure you this will go much further than Revdex.com if it needs to.

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