INVIS Inc.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution as good as I will probably get
from them. They have agreed to give us back our money but we have to wait 30-days. Which I don't feel is right. But my husband and I feel at least we will get our money back. Hopefully. If we do not. We will refile this complaint
Sincerely,
*** ***

Initial Business Response /* (1000, 5, 2017/04/28) */
As this customer reiterates, we apologized for the delay, we gave her the option for a full refund, on 3/21/17 she accepted that option, she was told her check would be cut in one month, her check was cut and went out on 4/21/17. I really...

struggle to see where the valid "complaint" comes in, and why she chose to involve the Revdex.com. If desired, we will gladly share our email thread, where this customer acknowledged our communication, and thanked us for the process. As always with our customers, we do what we say we are going to do.

Initial Consumer Rebuttal /* (2000, 8, 2017/05/05) */
I did what I said I would do. I to as well would be glad to involve the emails, as well as phone calls and voice mails. Nevertheless. I did get my refund, finally. I'm done.

Initial Business Response /* (1000, 5, 2016/03/21) */
We are sorry to see that this customer has chosen this avenue to communicate with us.

The complaint states that there were contractual issues and not completing the job in a timely manner. The project did start with digging footings on...

12/29/2015 and the start payment was collected (according to the terms of the contract). We experienced a stretch of mild winter weather, and took advantage of it, preparing the concrete on several upcoming projects. The concrete portion of a project is more dependent on mild weather. Once it is poured, construction can take place, even if the weather is inclement. Start dates are approximate and of course weather permitting. This information is communicated to the client verbally at contract, and again shortly thereafter (in writing). While on the jobsite on 12/29/2015, the customer expressed to our Operations Manager the possibility of changing the type of roof from a Victorian with shingles (as originally contracted) to a studio style with a copper roof. Our Operations Manager prepared drawings and there was email communication between he and the customer. On 2/9/16 an addendum to the original contract was made to furnish and install a copper roof finish. That document did not discuss the style of roof, however, since the customer had provided us with an email approving the new roof design. On 2/10/16 our installation crew arrived at jobsite, and by 2/12/16 the room was dried in. At that time (also according to the terms of the contract) the close in payment was collected. The customer called the office on 2/13/16 and informed us that he had decided that is now not what he wanted, and that he put a stop payment on the check. On 2/16/16 the bank notified our Office Manager that the client had placed the stop payment on the check, due to the roof not being a Victorian. At that time, due to the technicality of there being no addendum other than the email correspondence, the room was completely taken down, reordered, and rebuilt starting on 3/2/16. Phone records will prove where were we did respond to ALL of the customer's calls and concerns in a timely manner. We will be happy to provide the Revdex.com with our records disputing the false rendering of the details the customer provided in the above complaint, as well as dated pictures of status, in conjunction with documents (of which the customer has exact copies), to once again provide accurate information.
Thank you for bringing this matter to our attention, Springfield Four Seasons Sunrooms aims to consistently deliver a professional service to our customers.
Initial Consumer Rebuttal /* (3000, 7, 2016/03/23) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The first check was written at contract signing 10/30/2015 in the amount of $7000.00 and was given to [redacted] On 12/29/2015 during the laying of the concrete there were no Four Season Consultant on my premise, at the end of the concrete project [redacted] came and collected the second payment of $6750.00. I called Kyle on or about 1/12/2016 because I had some questions and was told Kyle no longer worked for the company and that [redacted] would be my design consultant. I asked [redacted] about changing the current roof from the Victorian style insulated w/shingles to a copper roof finish. [redacted] told me he would get back with me. I also discussed with [redacted] some concerns I had about my design. On 1/13/2016, [redacted] emailed a drawing of a roof but he did not once say it would change my Victorian design. On 1/15/2016, I emailed [redacted] and asked about the copper roof, [redacted] emailed me back on 1/18/2016 and said that they were unable to place a copper roof and that they would shingle as contracted. The next day I received a call from [redacted] who said they could place the copper roof on my Victorian style and that the cost would be $5000.00, I agreed to the roof. On 1/20/2016, [redacted] emailed me stating they were in the process of ordering and would be bringing my sunroom for install in two weeks and if he had my approval for the new design; I did not respond to this question from [redacted]. I emailed [redacted] back and told him I would not be available between 2-8 February. On 2/9/2016, I met with [redacted] and signed a addendum contract to the existing contract for the copper roof only and paid $5,298.00. On 2/10/2016 a Four Season Team came and starting erecting my sunroom. On 2/12/2016, the sunroom was what they called "closed in" and another payment was due in which I gave a check for $6750.00 to the lead worker on the job. After comparing the design I contracted for (Victorian) and the design they had put up (Studio), I called Eric a few times and did not get a response or call back. On my last call to [redacted] I left a message and told him I had placed a stop payment on the check dated 2/12/2016. On 1/13/2016, I received a call from [redacted], who seemed more concerned about the stop payment then the "why" I stopped the payment. [redacted] eventually agreed to send a representative out to see me so we could discuss my concerns and "make it right". On 2/15/2016, I met with [redacted] at my home and it was agreed to erect the Victorian Style with a Copper Roof, [redacted] told me it would be about two weeks before they could start the new build because they had to order it. On 3/5/2016 the workers came out and started the new build, the new build was "closed in" on 3/11/2016 and I paid the stop payment amount in a cashier check. I placed several calls to [redacted] to discuss the concerns with the door and the windows. The door per my contract is to measure 6'(8'Ht opening) and the windows are to be "All glass walls-Sunsmart glass. What four Season put on my sunroom is a 6'(6'HT opening) and the walls are only partial glass. I too have proof of the statements I have made to include my contract and emails from [redacted] (who I was told no longer works for the company). I was told on 3/18/2016, that my contract is now in Arbitration and that all work will stop. So now I have a incomplete sunroom, my home has felt paper on the transition between my home and the sunroom roof (which has no roof nor the Copper Roof, that I paid for in advance). My home is now at risk of rain and other outside elements coming inside and causing damage.
As I have stated in my previous complaint all Four Seasons need to do to resolve this is honor the contract we both are bound by.
Final Business Response /* (4000, 9, 2016/03/24) */
There are multiple inaccuracies in the Customer's narrative, at this point there would be no purpose served in pointing each item out. Customer's request is for us to "honor the contract we both are bound to." On that, we are in complete agreement. We wish to honor the contract as well. However, after Customer changed his mind as to entire shape and makeup of room, followed by putting a stop payment on a check, rather than communicating with us, followed by contacting the Revdex.com, rather than communicating with us, we made what we consider to be a wise business decision: We halted production until we are certain that the contract and addendum is what the customer envisions. Once that has taken place, we intend to proceed to "honor the contract."
Final Consumer Response /* (4200, 11, 2016/03/28) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not see a proposed resolution from the company. We could discuss the non-issues but I would more likely wish to stick with the contract and the four corners thereof. My vision is connected to my contract that I signed on 10/30/2015 as stated below:
MODEL: VICTORIAN COLOR: WHITE
A. WE WILL DO A DORMER TIR IN FOR SLOPE MATCH
B. CONSTRUCT VICTORIAN STYLE ROOF-INSULATED WITH SHINGLES TO MATCH: ADDENDUM SIGNED ON 2/9/2016 FOR FOUR SEASON TO FURNISH AND INSTALL COPPER ROOF FINISH PROVIDE CREDIT ON SHINGLES
C. FURNISH AND INSTALL EXTENDED ALUMINUM- WHITE
D. FRAME VICTORIAL STYLE WITH THERMAL BREAKS
E. ALL GLASS WALLS-SUN SMART GLASS BY FOUR SEASONS
F.SLIDING WINDOWS ON ALL WALLS
(1) SLIDING GLASS DOOR 6' (8' HT OPENING)
G. ELECTRICAL-4 OUTLETS-COAX-CEILING FAN-RELOCATE 220 AMP (CUST PREF)
H. FURNISH + INSTALL 9,000 BTU HEAT/COOLING UNIT 220 AMP
The above is what I contracted for and that is what I understand is to be constructed.
The resolution I seek is to have my sunroom finished in accordance with my contracts. I would also would like to know how [redacted] will it take to complete the project fully. Four Season may contact me to set a time and date for work to began.

Complaint: [redacted]
le
I am rejecting this response because:The offer is to refund me the $9,900.00 in "45 or 60 days if nothing unforeseeable...

occurs."  They have had $5,500.00 of my money since March 23rd of this year and the $4,400.00 since June 27th. also of this year.  I need the money to be refunded in a week to hire another company to remodel my deck as soon as possible because they removed the insulation and veranda and boarded it up obstructing the light with a foul smelling material.
Sincerely,
[redacted]

Initial Business Response /* (1000, 5, 2015/07/15) */
Contact Name and Title: R [redacted],Office Mgr
Contact Phone: XXXXXXXXXX
Contact Email: [redacted]@springfieldsunrooms.com
(Our Customer) can absolutely have heat and air vents added to her room, however, after having had an outside HVAC person...

look at her current unit, she chose to have us install one of our PTAC units.
The project was completed in late November 2014. On February 26, 2015, she called and asked that we take care of a "punch list" that she had been meaning to contact us about. "Punch List" items are common for projects of this size; however they are typically requested within a week or so of the project completion, not 3 months after. However if a customer is not completely satisfied at ANY time, the job is not done in our opinion. She also requested that we come out on a Saturday, AND that we talk to her about some additional work/upgrades to her project. We sent both our Installation Manager (to handle the punch list) and our Purchasing Manager (to handle the additional work) on Saturday, March 7, 2015. After this meeting, (our customer) chose to wait on the additional work, but did however sign off on the punch list that it was done to her satisfaction, and thanked us for coming out so quickly, and on a Saturday.
Needless to say, we are completely caught off guard by the fact that not only does she not approve of some of the work, but we are just now hearing of her disapproval over 4 months after completing her "punch list," and over 6 months after the completion of the project itself. We are very sorry to hear of her displeasure, but we are also not understanding the timing of this matter, and why we are being notified in this type of forum, when we have established a track record of timely service and response with her. We would be happy to address with her any ongoing concerns or questions.

Initial Business Response /* (1000, 9, 2016/10/06) */
At this point, we have already, since the initial complaint, began addressing their concerns, and a plan is in place to take care of the items the customer has requested this coming Saturday(10/8/16). The customer has acknowledged that plan and...

accepted it as well. Once the plan is executed next week, we will submit our formal response acknowledging both work completed and the content of the customer's submission/complaint.
Initial Consumer Rebuttal /* (3000, 11, 2016/10/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
We will accept their response once all items have been addressed. It is my hope we can move forward to resolve all concerns and put this matter behind us. I wish to emphasize several areas of concern so there is no misunderstanding on their part. This includes, but isn't limited to the following:
1) We are concerned about the design of the new dormer/roof line and wish to have a reputable roofing company assess and handle. We also want the same company to install the roof vent and the vent into the attic. We are planning to obtain and provide a bid for this.
2) We want a reputable company to install the header panel that was not installed with the door. Again, this is a load-bearing exterior wall and we believe the lack of a header is a code violation. We are planning to obtain and provide a bid for this.
3) There are extreme temperature fluctuations inside the new sunroom (for example, recently the outdoor temperature was a low of 60 and a high of 80. Inside, the new sunroom had a temperature low at 64 in the morning and a high of 120). We were given assurances of the high performance of the Four Seasons glass conservatory and its ability to keep rooms cooler in the summer and warmer in the winter. Part of the issue, we hope, is the lack of complete flooring insulation. Again, we will attempt to obtain and provide a bid to address this.
4) The material used for the wrap of the wood bands is a thin metal and simply won't work. I have advised Four Seasons that another company suggested a composite material that won't warp and bend, as this metal already has. We will attempt to obtain a bid for this as well.
5) We have provided a list of other items to Four Seasons that needs to be addressed by their employees. We prefer [redacted] handle this list.
6) We need to reach a resolution on the water damage and toxic mold caused by Four Seasons inside our home and the resulting medical problems we have experienced. We are in the process of working through this.
7) We continue to request a discount from the original contract price as a result of the long list of problems already addressed directly with Four Seasons.
Final Business Response /* (4000, 13, 2016/10/13) */
A final inspection has been called for on the project. Currently, all required inspections have been done and passed. Once the final inspection is completed, along with a few punch-list items that we are addressing this weekend, we will submit our formal response acknowledging both work completed and the content of the customer's initial submission/complaint. Item 3 is new to us, and since this latest submission brought up in an email from the customer. Also, in regards to item number 6, we have strong facts and information that we will share in our formal response upon final inspection.
Final Consumer Response /* (4200, 15, 2016/10/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I will mark as accepted once all issues are addressed. Additional work has been completed on the room by Four Seasons and items on the list are being addressed. Four Seasons is also looking into issues relating to the extreme temperature fluctuations and I am waiting for their findings. I am also expecting a bid from an HVAC company to help vent out the excessively hot air from the room and am waiting to compile bids for the roof, header panel, insulation, and metal wrap work.

A signed copy was provided to the customer on 10/13/17, which they have signed, apparently indicating their satisfaction with the agreement.  It is being processed.

Initial Business Response /* (1000, 10, 2017/01/30) */
Removing the deck was the first step needed in order to begin the excavation needed. Once we had it removed, we called for an inspection, in preparation for pulling a building permit. The Inspector that came out stated it was "beyond him,"...

and he would not proceed without engineered drawings. We sought, and obtained the engineered drawings as were requested, however in so doing, major design changes were needed. Since then we have communicated with this customer as to their desire going forward. As that process continued, the customer decided they wanted additional work done (which initiated the additional payment as noted above). That process continues.
As to the final statements, I don't wish to try to acknowledge or defend our actions, beyond saying that we have thorough written documentation of ongoing communication with this customer; not all (in fact only a small portion) of the vehicles our employees drive are logo'd for neighbors to identify us. Finally, I would need more information before I could acknowledge the statement that we have wrong names and wrong cities?
Through multiple phone calls, it is obvious this customer did (and does) want this project completed (perhaps Mr. more so than Mrs.). We, of course, want to see it completed successfully, and will redouble our efforts to communicate FREQUENTLY, but everyone has to understand that changes/challenges like the ones we have encountered take time to be worked through.
Initial Consumer Rebuttal /* (3000, 12, 2017/01/31) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The workers comments are only an overview and not an explanation. Perhaps his boss or the national company office would be more willing to explain why these items are taking such a long duration. My wife and I wish the original design including the additional patio. No changes have been brought to our attention for approval. We were under the understanding that after removing the deck on August 22 that we would gain a room according to the contact specs. I do understand we must approve the design changes or it nullifies the contract which means all monies returned, dirt work returned to level, trees replanted, grass reseeded as well as deck frame rebuilt.
Final Consumer Response /* (3000, 59, 2017/06/07) */
We were so happy to receive another single day of work. After the rain and holiday, the week for us turned sunny and Wednesday, Thursday, Friday, as well as Monday and Tuesday were wonderful summer days. It seems that the job has entered a stage of a rock and hard case, either finish or I keep complaining. Disappointment became frustration and now the stage is utter hopelessness because weather is no longer an excuse.
Final Business Response /* (4000, 62, 2017/06/14) */
I understand and share Mr. [redacted]'s frustration, however he does not seem to recognize, or perhaps be willing to acknowledge, that TODAY, after multiple days of sunshine, the excavated area still has standing water. We will be glad to share photos of our crew literally "knee deep" in mud earlier this week, while attempting to make progress. This morning, after using a sump pump to remove as much standing water out of the hole as possible, we were able to successfully pour the rock foundation for the retaining wall. We are optimistic, weather permitting, that we will be able to pour the next phase of concrete early next week. Progress is painfully slow, but I assure you progress is being made.
Thank you,
[redacted]
Office Manager
Four Seasons Factory Direct
www.fourseasonsfactorydirect.com
Sunrooms - Room Additions - Screen Rooms - Patio Covers - Windows

We have had staff out at this customer's home this week, and as of right now, our Field Supervisor has a call into the customer, intending to confirm a specific time when he himself can come out.

Initial Business Response /* (1000, 5, 2015/09/16) */
The above comments are extremely slanderous and inaccurate. The customer chose to use our finance company, [redacted] While on the phone with them, he agreed to the terms of the loan as well as disbursements. He was also sent an email that...

he signed directly. The disbursement was inaccurate, however, our office has written documentation to show it was requested and ordered properly on our end. Our Office Manager was on vacation, upon his return, we discovered the error. We had correspondence with [redacted] and they encouraged us to talk with the customer. Starting the loan over was an option, as were others, however, the customer chose the option of the three payments being made on his behalf. His words were "that seems fair and easiest, let's do that." Also, it is to be noted, this was (4) weeks after the agreement had been signed, far off from the legal (3) business days that are given by law for a right of rescission. This customer initially wanted to cancel his month old contract based on his alluding to a financial hardship, however, it has turned in the last few days to these latest false accusations. Unfortunately, he has given multiple excuses for now changing his mind. The above financing circumstances that had been resolved weeks ago is the latest tactic to attempt to circumvent a legally binding agreement. The customer's scope of work, time frame for the job, and financing terms are exactly what he requested and agreed to initially.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have reviewed the company's response and do not agree with its version of the facts. However, the company and I are discussing a resolution and, at the conclusion of those discussions, I will respond that the matter is resolved to my satisfaction or will respond point by point to the company's response to my initial complaint.
Final Business Response /* (4000, 12, 2015/10/06) */
Again we don't agree with the Customer's evaluation of the facts, because the facts are facts, however we are working together with the Customer to resolve their project financing.

You received my complaint against Springfield Sunrooms 11/07/2017 at 12:04 p.m.  I received this Release 11/07/2017 at 12:55 p.m. I did NOT sign it nor do I plan on signing itSent from my iPadBegin forwarded message:From: [redacted] <[redacted]@yahoo.com>Date: December 7, 2017 at 2:44:18...

PM CSTTo: [redacted]@yahoo.comSubject: Fwd: [redacted] Mutual ReleaseSent from my iPadBegin forwarded message:From: "[redacted]" <[redacted]@springfieldsunrooms.com>Date: December 7, 2017 at 12:55:04 PM CSTTo: <[redacted]@yahoo.com>Subject: [redacted] Mutual ReleasePer your request of cancellation of contract, attached please find your mutual release.  Please sign, date and return it via email.Thank you, [redacted]Office ManagerFour Seasons Factory Directwww.fourseasonsfactorydirect.com

Initial Business Response /* (1000, 5, 2015/11/24) */
We are sorry to see that (customer) has chosen this avenue to communicate with us.

The original complaint states that there was not a professional engineer drawing and plans depicting foundation piers for flooring and appropriate "tie-in"...

of addition to current roof structures which was needed to obtain building authorization from President of the Land Corporation owning the land the residence is built on. We build factory engineered sunrooms all over Southwest Missouri, and it is EXTREMELY rare that Engineered Drawings are required by a municipality. Certainly not in this case, as it is a straight-forward build. We obtain all required permits, as well as obtaining Property Owner Association approval, where requested. These procedures are within our normal scope of work, and happen in stages. For the customers to choose an arbitrary time, and say, since I didn't get the drawings as early as I would have liked, I choose to cancel my contract, makes no sense. There is certainly nothing there that represents breach of contract. I state as much in the email communication I had with the customers (which I will attach, and let the communication speak for itself). I'm confident you will agree there is nothing in it that constitutes "harassment."

Regarding his concern about the financing, our normal procedure is to obtain a 35% down payment, which in this case would have been [redacted] the customer stated hardship, so [redacted] agreed to a lesser down payment amount [redacted] with the balance being financed. Their financing IS approved, we did not access funds yet, because we have not begun actual construction, and therefore have not requested additional funds. If the customer chooses not to use the financing that was obtained, he will be responsible for obtaining other financing, to fulfill the payment terms of the contract. The next stage payment will be due, and it is obviously up to the customer to provide those funds from whatever source they choose.

Finally, regarding the timing of installation, when the customer was unwilling to communicate with us, our production department had to consider pulling this project out of rotation. If that were to happen, we are currently booked solid until early in March, 2016.

Thank you for bringing this matter to our attention, [redacted] aims to consistently deliver a professional service to our customers, however a customer changing their mind about wishing to fulfill a contract does not constitute breach of contract, and therefore we have every intention of continuing to fulfill our "mutually binding agreement."
From: [redacted] mailto:[redacted]@springfieldsunrooms.com
Sent: Monday, November 16, XXXX XX:XX AM
To: 'Judge Santos' ; '[redacted]@gmail.com'
Cc: '[redacted]'
Subject: RE: Sunroom Project
[redacted] and [redacted]
We have yet to hear back from either of you concerning your project. Your financing(which you mention in one of your bullet points as not being secured which it is and has been accepted) expires on 12/7/15. If you haven't renewed it by then, we will be expecting your next payment of $10,000 by 12/9/15, per our binding agreement. Please feel free to contact me with any questions.
[redacted]
MICHAEL P. [redacted]
FOUR SEASONS FACTORY DIRECT
OFFICE: (XXX)-XXX-XXXX
www.fourseasonsfactorydirect.com
Sunrooms - Room Additions - Screen Rooms - Patio Covers - Windows
From: [redacted] mailto:[redacted]@springfieldsunrooms.com
Sent: Tuesday, November 3, XXXX X:XX PM
To: 'Judge Santos' ; '[redacted]@gmail.com'
Subject: Sunroom Project
Justice and [redacted]
I have left both of you voicemails, but I also wanted to give you this message in writing as well. We disagree completely that we have breached our agreement(s). You and I know that this accusation is false. Furthermore, your bullet points are mostly if not all inaccurate as well. You know this also. We are scheduled to begin your project next week, again, as you know.
There is nothing on our agreement that has been voided, breached, or nullified. You have suffered no damages. What is this all about? Please respond by tomorrow(11/4/15) at 10:00am or we will have to postpone the start of your project until we hear from you, and at said date and time we will then be forced to resubmit your project into our schedule, which will now put your start date at approximately 3/1/16, weather permitting.
Sincerely,
MICHAEL P. [redacted]
FOUR SEASONS FACTORY DIRECT
(XXX)-XXX-XXXX
www.fourseasonsfactorydirect.com
Sunrooms - Room Additions - Screen Rooms - Patio Covers - Windows
Initial Consumer Rebuttal /* (3000, 7, 2015/12/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
To: [redacted]
In the matter of Case ID No. XXXXXX, Springfield Four Seasons Sunrooms' (the Merchant) response to my complaint, I (the Consumer) am notifying the [redacted] that the response is Not Satisfactory and I demand the refund of my Down Payment in the amount of [redacted] within twenty days, December 24th, 2015.
The Contract that the Merchant calls "binding," is invalid for several reasons. This Contract contains a clause stating it is contingent upon the owner obtaining financing. The bank that the Merchant's salesperson contacted [redacted] collected my credit information on the telephone, while the salesperson was writing the Contract in my home. After several minutes, the Contractor's salesperson notified me that I was qualified for the loan.
As required by federal and state law, under the Truth in Lending Act (TIL), the Bank must provide me with the "material disclosures" required for the transaction to be valid. Not receiving this for several months and with the construction of the sunroom pending contingent upon this loan, I contacted the Bank's loan servicing department. Bank personnel informed me that while qualified for the loan, the loan had yet to be secured pending Bank's receipt of vital documents from the Merchant. Bank was unable to provide me with documents for signature that contained the amount of the loan, interest rate, monthly payment, and all material disclosures required under the Truth In Lending Act. Without full material disclosures this claim by the Merchant that the financing "IS approved" and that they (Merchant) had not accessed the funds yet because they had not begun construction is irrelevant and immaterial.
As is my right under the Truth in Lending Act, I rescinded (cancelled) this contract. My right to rescind this contract is based upon not receiving "all material disclosures" as mandated by law, under
"§ 226.6 (/cfr/text/12/226.6) with regard to the method of determining the finance charge and the balance upon which a finance charge will be imposed, the annual percentage rate, the amount or method of determining the amount of any membership or participation fee that may be imposed as part of the plan, and the payment information described in § 226.5b(d)(5)(i) and (ii) (/cfr/text/12/226.5b#d_5_i) that is required under § 226.6(e)(2) (/cfr/text/12/226.6#e_2)."
The 3-day notice of right of rescission does not apply in this case as noted in the law that states:
"The consumer may exercise the right to rescind until midnight of the third business day following the occurrence described in paragraph (a)(1) of this section that gave rise to the right of rescission, delivery of the notice required by paragraph (b) of this section, or delivery of all material disclosures, whichever occurs last. If the required notice and material disclosures are not delivered, the right to rescind shall expire 3 years after the occurrence giving rise to the right of rescission, or upon transfer of all of the consumer's interest in the property, or upon sale of the property, whichever occurs first".
The Contractor's own document (Contract) also contains this language on the second page.
"If you cancel the transaction, any lien, mortgage, or other security interest on your home arising from this transaction is automatically void. You are also entitled to receive a refund of any down payment or other consideration if you cancel. If you decide to cancel this transaction, you may do so by notifying; Springfield Sunrooms, LLC, 1310 N Nias Ave, Springfield, MO 65802 by mail or telegram..."
The rescission right under the Truth in Lending Act ("TIL" or "Act") arises in a consumer credit transaction in which a non-purchase money lien or security interest is taken in the consumer's principal dwelling. "Non-purchase" means that the credit is used for something other than purchasing the home, which are both applicable in this case.
The second violation that invalidates this contract and provides me with justification to exercise my right of rescission stems from the structure of this contract itself. The Contract should provide the Consumer a copy of the contract when it is signed and also must give the Consumer duplicate, completed "Notice of Cancellation" forms which contain a statutorily prescribed notice which the Consumer can use to notify the Contractor of the decision to cancel the transaction. These forms must be in the same language as used in the contract and be attached to the contract or offer, and must be easily detachable from it. This allows the consumer to cancel the contract by simply signing and dating the "Notice of Cancellation" form. While the Contractor's document contained the Notice on the back of the first page, the Consumer did not receive a duplicate, and without the ability to detach the cancellation form for submission to the Contractor.

My justification for rescinding (cancelling) the contract is based on Federal and State statutes as explained above. It is also based on the Contractor's inability to deliver what had been verbally assured by the Contractor's salesperson and other staff...plans and drawings that accurately portray the attachment to the current roofline of the house. On several occasions, this request was made to the Contractor's staff by telephone and personal visits to the Contractor's office. None were delivered, although these assurances were made. This request is based on this subdivision's Deed Restrictions that has existed since its development, filed in the State of Missouri, County of Polk which state:
"No building shall be erected, placed or altered on any lot until the construction plans, specifications and a plot plan showing the location of the structure have been approved by an officer or designated representative of Bolivar Land Corporation to insure quality of workmanship and materials, harmony of exterior design with existing structures, and location of structures with respect to building setback lines, topography and finish grade elevation."
"Said restrictions shall be enforceable by injunction, mandamus or other proceedings at law or in equity against any present or future party or parties infringing, violating, attempting to infringe or violate, or omitting to abide by Restrictions, and in addition there to any present or future owner or owners, occupant or occupants, of said lands or any part thereof, may recover damages for the breach, infringement or violation of any such Restrictions."
I reiterate that my delivery of the Cancellation Letter delivered to the Contractor, rescinds any right for the Contractor or the Lender to pursue the implementation and completion of the work written in this rescinded contract. Further, the arbitration clause in this invalid contract, due to its apparent violation of the Truth in Lending Act and the contingency clause of obtaining financing that invalidates this contract, does not apply in this case. My Consumer's right to rescind (cancel) is fully justified. Should the Contractor fail to accept the Notice of Rescission (cancellation), return any and all funds paid to the Contractor to date, and further attempts to enforce this cancelled contract, I will have no recourse but to seek relief from said actions with the Attorney General's office, as is my right as a Consumer. The Contractor has 20 days from December 4, 2015, to return all Down Payment funds paid to date.
Justice S. Parazo, LPC
Final Business Response /* (4000, 9, 2015/12/08) */
The customer's lengthy arguments all stem from his argument that he was not provided with the Material Disclosures as required under the Truth in Lending Act. This statement in incorrect. As the lender is set up in such a way as to be convenient to the homeowner, everything is able to be done on the telephone. We have (and will be glad to provide to the [redacted] if requested) a recorded conversation where the customer hears ALL pertinent information, and is then directed to state if he understands them, which he did. In addition, the terms are written on the top of his agreement, along with the Lender's approval number.
Final Consumer Response /* (4200, 11, 2015/12/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The Lender was contacted to provide the material disclosures and documents for my signature. Lender informed me that they were unable to provide such due to the failure of the Contractor in following through with submitting information they needed to enable them to send me the material disclosures and fully discuss the terms of what was verbally agreed to so I could sign the documents. Lender stated that funds could not be secured let alone be disbursed without my written approval. That was more than 90 days ago when I spoke to the Lender. Since Lender could not send me material disclosures in writing and documents for my signature and approval due to the failure of the Contractor to follow protocol, I informed the Lender that I would be rescinding the Agreement signed with the Contractor (as was my right under the Truth in Lending Act). That Rescission was delivered by me personally to the Contractor (signed for as received by contractor's front office staff). Upon calling the Lender on this date, December 17, 2015, I confirmed that the Contractor had still not submitted the proper documents for my loan application and written material disclosures and that my Loan application was closed since the Contract Rescission information was provided to them previously. I also have documented proof from the Lender that this Loan was no longer valid. I reiterate that my wife and I will not be "bullied" into this rescinded contract and that I continue to demand the return of the funds paid to the Contractor as a deposit. Failing to receive these refunds as demanded from the Contractor will result in my contacting the Attorney General's Consumer Affairs Office and also seeking restitution through our legal specialist in Contract Law. Contractor continues to attempt to communicate with me, which I will not respond to. There is nothing to discuss here, until my demand for funds paid to date are refunded.
For the BBC's information, research Four Seasons Sunrooms through the internet and see that I am not alone in having issues with this company.

We are in contact with this customer, and are working toward a resolution that will hopefully be satisfactory to both of us

We are remaining in contact with the customer, as well as making good progress toward completion. We are confident we will be able to meet the customer’s requested deadline.

Final Consumer Response /* (2000, 9, 2016/07/08) */
Revdex.com COMMENT: Consumer called and left a voicemail stated that Four Seasons agreed to come out and resolve the situation.

We recognize that we are behind on doing our confirmation / remeasure visits, and that we are grossly behind on our installation schedule.  We have tried to keep both of our Lead Windows Installers in the field as much as possible to help alleviate our installation backlog.  We will reach...

out directly to this customer, this week, in order to communicate our plans and schedule.

Complaint: [redacted]
I am rejecting this response because:
I cancelled the contract due to jobs not being completed and not done to code.  I believe that before a local television station aired these complaints they researched them. The business had NO expenses associated with this contract so where do the liquidating damages occur?Why would I want to take the chance that MAYBE they will complete the job and to code?  Why was their Revdex.com rating terminated if these allegations were false?I feel justified in cancelling this contract based on information I became aware of and a full refund.
Sincerely,
[redacted]

We certainly empathize with this customer, as major remodeling projects are always disruptive. Adding a major project, as a change order, creates issues which would not otherwise need to be dealt with, and we of course have been dealing with the rainiest spring in many, many years, disrupting this...

customer's project. Scheduling our crews that specialize in each of the phases of the project, as well as, in this case, some specialized Master Electricians, etc. always creates its own challenges. With that said, our current status is: Kitchen and bathroom flooring complete, Master bath sink and vanity installed, majority of wall cabinets set, closet lined with cedar and completed, and the hot tub wiring completed. The customer requested that we exchange the kitchen island, and the new one has been ordered. We are awaiting delivery of the double oven cabinet. Once those items arrive and are installed, we will be ready to have the electrician back to complete the electrical. As the customer alludes to, the specialized bath tub which she is awaiting has now been promised by late July. Assuming the deliveries happen as are projected, we should be able to fully complete the project by early August. August 1, as requested, will certainly be our goal. We do need to note, however, that there was a structural/foundation delay, pre-existing that caused an approximately 10 week delay before we could begin our contracted work.

We have been in contact with this customer, and are sorry to hear of her issues.  We have a service request into a third party company that specializes in repairing these types of issues.  We await their analysis of the situation.

Final Consumer Response /* (2000, 7, 2016/06/01) */