Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me.we would like to meet with your other flooring vendor within a timely matterWe consider a timely matter within weeks
We are sorry they continue to have this problemRepresentatives met with them at the home to discuss an action plan and a different company was hired to complete the workThere is a very small area which is causing the noise issue and it is slight We have agreed to have another company make adjustments to the floor and they are very confident they will be able to eliminate or greatly reduce the noise they are experiencingWith that said, we can not guarantee a floor will never make some noise when walking overWood expands and contracts and are subject to the elements such as humidity and dry air during the heating seasonThe company that will be making the repairs are scheduled out for a number of weeks for installs and repairs and this was mentioned at our meeting with themWe will reach out to this company and provide a schedule date to the homeowner by the end of this weekWe cannot provide a new floor to this homeowner as the floor is well within manufacturing tolerances, there is not an installation issue and per our warranty standards we cannot guarantee a floor will not make noise
Initial Business Response / [redacted] (1000, 5, 2015/07/09) */ Unfortunately we strongly disagree with the statement providedThe city did fail the survey however it was not for the grading of the back swale which is also called the drainage and utility easementLast year we met with the homeowner and the city multiple timesThe survey in fact has been approved based on onsite reviewThe city and builder are agreement that it is in fact the irrigating of the properties up line from these homeowners that are causing the problemIf you have water running off your property from irrigation you are watering too muchSummer of we shut off the irrigation systems of many of the homes around themWithin a few days the soils were drying upWe have emails confirming the soils were getting better from the homeownerAs an effort to help we even sent letters to each of the home owners that affect their propertyWe can not control the actions of others and it is not our place As to the treesThe company that landscaped their property warranties the trees for one year with a one time replacementAfter a tree is placed it is up to the owner to care for that treeThe wrap they are mentioning is called burlap and is left on the tree when buriedThis company also completed percent or more of the homes in this developmentOther trees have died and they were replaced just like theirs and we have had no return calls since I do feel for the homeowners and understand their situationThe water is coming from somewhere and we have already shown that it is not a springAnytime you have water going over an area nonstop the soils will become saturated and softTake the water away and the problem will go away Respectfully submitted Initial Consumer Rebuttal / [redacted] (3000, 12, 2015/07/21) */ ***Document Attached [redacted] We are not satisfied with Keyland's response due to the error in facts We met with Keyland and the city of Lakeville on 9/29/after exchanging emails with Tom [redacted] of Keyland about the outstanding As Built SurveyIn an email from Tom dated 9/25/he states "We have changed the grading times and shot surveys alreadyThere just is not enough room or elevation to create what is needed along the backside." The comments on the As Built survey shows the low points on our lot and says "show how this drain" and "make sure water drains to back" When we met with Keyland and the city on 9/29/Keyland was insistent that the excess water was due to overwatering of lawns by neighboring yardsTom requested to write a letter to the neighbors about over watering and see if this would resolve the issueA letter was not sent out to neighbors regarding watering of lawns until late October and an email received from Tom on 11/12/states that the lawns "appear to be drying out." Well yes, the lawns would be drying out when it is almost winter and we haven't received rainfall for weeks In regards to the trees that were planted by the landscaping company they did not use "burlap" bags as stated by Keyland in their responseI have the photo showing the white plastic wrap around the root of the dead trees that were removed from my yard that had been planted by [redacted] landscaping, a contractor of Keyland Homes Final Consumer Response / [redacted] (3000, 16, 2015/08/09) */ (The consumer indicated he/she DID NOT accept the response from the business.) Keyland claims they have done everything they can in regards to the grading and the city has requested changes due to homes and elevation points that they are unable to meetWe had drain tile installed weeks ago where we have been experiencing our drainage issues and immediately saw significant improvements in the surface drainage of our yardSince Keyland was unable to make the changes requested by the city we feel that Keyland should have assisted in finding a resolution; which we were able to find with drain tile Our understanding is that the final grading permit is still open and not approved by the cityWe would like to see this permit closed as it can create problems for us in the future as the homeowners if we were to ever need/want to sell our homeWe feel that is only reasonable that there is no open/outstanding permits on our home As for the tree root ball I have again attached the picture of the root ball clearly showing white plastic wrapped around the root of the tree; not burlap Final Business Response / [redacted] (4000, 18, 2015/08/17) */ I have received the photo and will be sharing this with the landscaping companyI agree it is not the burlap as brought to our attentionWe will contact them for a statement Key Land has never dismissed that a drain tile system would not solve the issue as I am sure it hasBut it is not the builder that needs to provide the tile system for something that is correctable by other means on opposing properties City looked at property on November 7th, and stated it would be approvedCurb key could not be verifiedThis was repaired on May 6thHome was finaled on June 8th
Initial Business Response / [redacted] (1000, 5, 2015/09/25) */ Prior to the submission of the complaint Key Land Homes had communication with the homeowner and had set a date to meet with the client Initial Consumer Rebuttal / [redacted] (3000, 7, 2015/09/25) */ (The consumer indicated he/she DID NOT accept the response from the business.) That is not trueI emailed Keyland before I filed the complaint and they di not reposed until after this complaint was filedThey even lie about this! Final Business Response / [redacted] (4000, 9, 2015/10/08) */ Key Land Homes did not receive the complaint notice until Friday the 25th of September at 12:p.m.and responded immediately that we had already responded to the homeownerWe did not know the complaint was submitted on Wednesday the 23rd and was reviewed for two days by the Revdex.com We did meet with homeowner as agreed uponA number of the issues we definitely agreed upon that workmanship should have been better, some items are not covered under the warranty program and some are manufacture issuesWe have received an updated list from the homeowner and we will do what we can to meet their concerns
Initial Business Response /* (1000, 5, 2015/05/22) */
While Key Land Homes understands the nature of the complaint and we have been in contact with them since this complaint submission. I have supplied all documents to the home owners that we have completed the grading to the best our ability. We...
have also contacted the city with no response as the work that they were to perform was only completed half way. The issue itself deems from the addition of a soccer field in the back of two properties which raised the grade three feet. Instead of the properties draining straight back and to the wet land, two properties drain across each other. The other issue is the elevation of the wet land is higher then the elevation of the grading plan and this is what the city was to correct. They also have a very high water table. We have been asked to add a drain tile across these two properties however to do so you need a place for it to daylight out. The only thing a drain tile will do in this case is fill with water. Again, we understand they want this corrected. If we had a place for the water to drain the issue could be solved.
We will continue to work with this party.
Respectfully Submitted
Initial Consumer Rebuttal /* (3000, 7, 2015/05/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I am speaking on behalf of the [redacted] which lots are affected by the drainage issue. If this is the case; the City of Otsego, Keyland Homes and the HOA of [redacted] NEEDS to get together and solve this problem. Once again this is not a Poff/Johnston created problem and Keyland has been good about getting back to us, however we are still unsatisfied with the end result because there has been no solution. If the City of Otsego only completed half of the issue then they need to be reached by either Keyland or [redacted] HOA whoever had them come out and complete their portion of the job. We would also like to see Keyland Homes and the [redacted] HOA come to an agreement about lowering the soccer field or something with that area. I disagree that the only solution to this problem is that it is left alone. We cannot use our backyards now going on 3 years now.
I am attaching the view from our bedroom to the backyard showing that the City of Otsego never followed through with clearing a path for our drainage in our backyards. I am also attaching 2 pictures of what it looked like with water in the backyard. Now, this week it is even worse and if necessary I can take pictures of what it looks like now.
Final Consumer Response /* (3000, 11, 2015/06/12) */
(The consumer indicated he/she DID NOT accept the response from the business.)
We do not agree that there is nothing Key Land Homes can do to remove the water. We would like Key Land at a minimum provide drain tile across these properties due to how flat they are. We would also like Key land and the HOA to fix the soccer field problem which has extended 3 feet into our yard. WE would like the soccer field pushed back 3 feet which may help with drainage into our yard in addition to the drain tile. This is unacceptable and NEEDS to be resolved. We are working on almost 3 years with this problem.
Final Business Response /* (4000, 13, 2015/06/15) */
Key Land has already offered the drain tile but the tile has no where for the water to go. This complaint should not be directed at Key Land Homes but rather the association. If they want the soccer filed moved it would be up to the city and association as Key Land Homes did not put in the soccer field.
Initial Business Response /* (1000, 5, 2015/07/18) */
Key Land is continuing to work with the home owner regarding this issue. This is a manufacture product issue which in known in the industry that must be handled by the means of the manufacturing warranty process which means it can can take...
longer than what we would like to see. Key Land has already put a great deal of time and resources into the issues which the manufacture has accepted but the means to completely remove the odor has not been determined. As a business working with a manufactured product, that manufacture will not take any responsibility if that business takes action outside of the product warranty or resolution process. Knowing this a business must follow the recommendations of the manufacture until it is determined the product is or is not the cause of the issue. Unfortunately the time it takes for the testing and determination of the manufactured product can be extensive.
Respectfully Submitted,
Key Land Homes
Initial Consumer Rebuttal /* (3000, 7, 2015/07/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This is not an acceptable explanation. Our house was built and warrantied by Key Land Homes. We do not have any warranty or relationship with the insulation provider.
The new home warranty mandated by Minnesota statute 327A.02, is between the builder (vendor) and the home buyer (vendee). The statute states: "During the one-year period from and after the warranty date the dwelling shall be free from defects caused by faulty workmanship and defective materials due to noncompliance with building standards;".
The statute gives 15 days from the inspection to provide a written offer to repair: "Within 15 days of completion of the inspection required by subdivision 4, the vendor or home improvement contractor must provide to the vendee or owner a written offer to repair. The offer to repair must include, at a minimum:
(1) the scope of the proposed repair work; and
(2) the proposed date on which the repair work would begin and the estimated date of completion."
Key Land's inspections occurred over 2 months ago. We are still waiting for an offer to repair.
Key Land homes has been working with these insulation issues for 4 years on other homes and they know what is required to get rid of this odor problem. They have fixed other homes with this same issue. They are dragging their feet on fixing our house because they don't want to incur any cost in the process of resolving this.
It is clear that Key Land is violating the law as set forth in statute 327A by not providing a written offer to repair within 15 days of inspection.
-[redacted]
Final Business Response /* (4000, 9, 2015/07/31) */
As noted in previous response. Key Land Homes remediated the home based on what is known. However odor is not a item covered under 327A and one could argue if it is a defect or not. There are no tolerances for the issue. We have been working with the homeowner on the issue for some time. We have not walked away and this continues to be a problem for the industry with a product. As the homeowner heard in person, if the builder proceeds without manufacture guidance and assistance, not only will the builder not retain the funds for the repairs but the manufacture will have no investment to correct the issue it is experiencing.
The homeowner knows where we are with the situation and they may continue to disagree with the current remedy however we continue to provide service to problem that was not a result of workmanship but product. This is new and there are no documented resources for what is or is not acceptable.
Unfortunately we disagree and with disagreements we sometimes need to go through arbitration. It does not help with writing letters back and forth through the Revdex.com although they can be a good administrator. We recommend again since they disagree with our finding, that they pursue the arbitration as agreed on. We have forwarded the information of arbitration services to the homeowner and we will abide by what ever the decision may be.
Initial Business Response /* (1000, 5, 2015/09/25) */
Prior to the submission of the complaint Key Land Homes had communication with the homeowner and had set a date to meet with the client.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/25) */
(The consumer indicated he/she DID NOT accept...
the response from the business.)
That is not true. I emailed Keyland before I filed the complaint and they di not reposed until after this complaint was filed. They even lie about this!
Final Business Response /* (4000, 9, 2015/10/08) */
Key Land Homes did not receive the complaint notice until Friday the 25th of September at 12:05 p.m.and responded immediately that we had already responded to the homeowner. We did not know the complaint was submitted on Wednesday the 23rd and was reviewed for two days by the Revdex.com.
We did meet with homeowner as agreed upon. A number of the issues we definitely agreed upon that workmanship should have been better, some items are not covered under the warranty program and some are manufacture issues. We have received an updated list from the homeowner and we will do what we can to meet their concerns.
We are sorry they continue to have this problem. Representatives met with them at the home to discuss an action plan and a different company was hired to complete the work. There is a very small area which is causing the noise issue and it is slight. We have agreed to have another company make...
adjustments to the floor and they are very confident they will be able to eliminate or greatly reduce the noise they are experiencing. With that said, we can not guarantee a floor will never make some noise when walking over. Wood expands and contracts and are subject to the elements such as humidity and dry air during the heating season. The company that will be making the repairs are scheduled out for a number of weeks for installs and repairs and this was mentioned at our meeting with them. We will reach out to this company and provide a schedule date to the homeowner by the end of this week. We cannot provide a new floor to this homeowner as the floor is well within manufacturing tolerances, there is not an installation issue and per our warranty standards we cannot guarantee a floor will not make noise.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.we would like to meet with your other flooring vendor within a timely matter. We consider a timely matter within 2 weeks.
To Whom It May Concern: Regarding the complaint file on behalf of [redacted]. Key Land Homes completed a repaired at this home from a floor truss deflection. In the process of the repair we lifted the floor back to the position it was during construction. We added extra height...
as it would settle to a final resting position with time. With the lift it created 1/32nd to 1/16th gaps next to the island. These gaps are still within the tolerances as set in our performance standards. Industry wide gapping is normal on ¾ flooring. After the work was completed we were informed that they planned on listing the home and were unwilling to wait for the acclimation of the wood. If we had known this we would not have lifted it with the extra height and there would not have been noticeable gapping. Our repairs did not affect any other portion of the flooring in the home and there areas that are much wider then what is in the area of the island. The homeowner hired their own contractor to install the flooring in the home and Key Land does not warranty their work. Key Land has tried multiple times to reach this contractor to explain his comments to the homeowner as to why we would be responsible for an entire floor. He has not returned our calls but told homeowner they should be replaced. We strongly disagree that any part of the flooring needs to be replaced. At Key Land Homes we build a good home. We have set tolerances for building and warranty repairs. If the repair would have caused to flooring to be outside of the tolerances we would have taken care of the issue in the affected area. We in this case, are not responsible for areas we did not affect or install. We cannot approve warranty repairs based on emotional arguments that it may or may not affect a future sale on a home. The homeowner has been again advised on the process of arbitration. The process must be by third party as outlined in the emails that they received on June 21st.
I am rejecting this response because:
This is simply inaccurate information. We told Tom that we had considered selling our home and thought this would deter future buyers because they had ruined the floors. We had NO issues with the floors and had made NO warranty claims regarding the floors prior to the repairs that Keyland performed. We also had no excessive gapping that Tom is describing. All of these issues were a direct result of them lifting the floor. As he stated in his email that they "wouldn't have lifted it as much." In the warmer months solid hardwood floors are supposed to be very tight together due to the humidity and a little looser in the cooler months, so this issue is only going to get worse as the fall and winter approach. The gaps have spread out everywhere because they lifted an area near the middle of our house, so that cause many boards to move. The flooring contractor that was used signed a subcontractor agreement with Key Land and also provided his insurance information. This was not due to faulty craftsmanship on his part. As previously started we had no issues the floors prior to them jacking up the basement floor. So to say that they don't warranty his work that they damaged is really doing a disservice to the homeowner. I didn't ask for them to create a structural issue in my home, damage my cabinets and my hardwood floors. I am just asking for them to do the right thing and make the correction which they don't want to do. To reference an "emotional" decision is quite disrespectful to someone that has spent several hundreds of thousands of dollars with your company. I have been more than patient with you from the start of this mess a year ago. My cabinets are still not repaired (which you did not address in your reply) and they are once again ripping away from the wall. Key land has stated that even if they don't match in color they won't do anything about it because we signed a waiver. Tom also said they is concerned they won't match either. So beyond the damaged floors, we will have mismatched cabinets due to this structural issue. Per the attachment he sent. I emailed Tom on 6/28/17 Telling him that RWC told me they don't so arbitration. He just responded yesterday saying he has been on vacation. That's not an acceptable answer.
Initial Business Response /* (1000, 5, 2015/07/09) */
Unfortunately we strongly disagree with the statement provided. The city did fail the survey however it was not for the grading of the back swale which is also called the drainage and utility easement. Last year we met with the homeowner and the...
city multiple times. The survey in fact has been approved based on onsite review. The city and builder are agreement that it is in fact the irrigating of the properties up line from these homeowners that are causing the problem. If you have water running off your property from irrigation you are watering too much. Summer of 2014 we shut off the irrigation systems of many of the homes around them. Within a few days the soils were drying up. We have emails confirming the soils were getting better from the homeowner. As an effort to help we even sent letters to each of the home owners that affect their property. We can not control the actions of others and it is not our place.
As to the trees. The company that landscaped their property warranties the trees for one year with a one time replacement. After a tree is placed it is up to the owner to care for that tree. The wrap they are mentioning is called burlap and is left on the tree when buried. This company also completed 90 percent or more of the homes in this development. Other trees have died and they were replaced just like theirs and we have had no return calls since.
I do feel for the homeowners and understand their situation. The water is coming from somewhere and we have already shown that it is not a spring. Anytime you have water going over an area nonstop the soils will become saturated and soft. Take the water away and the problem will go away.
Respectfully submitted.
Initial Consumer Rebuttal /* (3000, 12, 2015/07/21) */
[redacted]Document Attached[redacted]
We are not satisfied with Keyland's response due to the error in facts.
We met with Keyland and the city of Lakeville on 9/29/14 after exchanging emails with Tom [redacted] of Keyland about the outstanding As Built Survey. In an email from Tom dated 9/25/14 he states "We have changed the grading 3 times and shot 3 surveys already. There just is not enough room or elevation to create what is needed along the backside." The comments on the As Built survey shows the low points on our lot and says "show how this drain" and "make sure water drains to back".
When we met with Keyland and the city on 9/29/14 Keyland was insistent that the excess water was due to overwatering of lawns by neighboring yards. Tom requested to write a letter to the neighbors about over watering and see if this would resolve the issue. A letter was not sent out to neighbors regarding watering of lawns until late October and an email received from Tom on 11/12/14 states that the lawns "appear to be drying out." Well yes, the lawns would be drying out when it is almost winter and we haven't received rainfall for weeks.
In regards to the trees that were planted by the landscaping company they did not use "burlap" bags as stated by Keyland in their response. I have the photo showing the white plastic wrap around the root of the dead trees that were removed from my yard that had been planted by [redacted] landscaping, a contractor of Keyland Homes.
Final Consumer Response /* (3000, 16, 2015/08/09) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Keyland claims they have done everything they can in regards to the grading and the city has requested changes due to homes and elevation points that they are unable to meet. We had drain tile installed 3 weeks ago where we have been experiencing our drainage issues and immediately saw significant improvements in the surface drainage of our yard. Since Keyland was unable to make the changes requested by the city we feel that Keyland should have assisted in finding a resolution; which we were able to find with drain tile.
Our understanding is that the final grading permit is still open and not approved by the city. We would like to see this permit closed as it can create problems for us in the future as the homeowners if we were to ever need/want to sell our home. We feel that is only reasonable that there is no open/outstanding permits on our home.
As for the tree root ball I have again attached the picture of the root ball clearly showing white plastic wrapped around the root of the tree; not burlap.
Final Business Response /* (4000, 18, 2015/08/17) */
I have received the photo and will be sharing this with the landscaping company. I agree it is not the burlap as brought to our attention. We will contact them for a statement.
Key Land has never dismissed that a drain tile system would not solve the issue as I am sure it has. But it is not the builder that needs to provide the tile system for something that is correctable by other means on opposing properties.
City looked at property on November 7th, and stated it would be approved. Curb key could not be verified. This was repaired on May 6th. Home was finaled on June 8th.
We have contacted the flooring company that completed the work. Again, they have stated it is within tolerances but are willing to come back or provide the services of our other flooring vendor to try and meet your expectations. We realize it has been two years however this flooring company has continued to try and resolve the issue in a manner that would satisfy your concerns.
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me.we would like to meet with your other flooring vendor within a timely matterWe consider a timely matter within weeks
We are sorry they continue to have this problemRepresentatives met with them at the home to discuss an action plan and a different company was hired to complete the workThere is a very small area which is causing the noise issue and it is slight We have agreed to have another company make adjustments to the floor and they are very confident they will be able to eliminate or greatly reduce the noise they are experiencingWith that said, we can not guarantee a floor will never make some noise when walking overWood expands and contracts and are subject to the elements such as humidity and dry air during the heating seasonThe company that will be making the repairs are scheduled out for a number of weeks for installs and repairs and this was mentioned at our meeting with themWe will reach out to this company and provide a schedule date to the homeowner by the end of this weekWe cannot provide a new floor to this homeowner as the floor is well within manufacturing tolerances, there is not an installation issue and per our warranty standards we cannot guarantee a floor will not make noise
Initial Business Response / [redacted] (1000, 5, 2015/07/09) */ Unfortunately we strongly disagree with the statement providedThe city did fail the survey however it was not for the grading of the back swale which is also called the drainage and utility easementLast year we met with the homeowner and the city multiple timesThe survey in fact has been approved based on onsite reviewThe city and builder are agreement that it is in fact the irrigating of the properties up line from these homeowners that are causing the problemIf you have water running off your property from irrigation you are watering too muchSummer of we shut off the irrigation systems of many of the homes around themWithin a few days the soils were drying upWe have emails confirming the soils were getting better from the homeownerAs an effort to help we even sent letters to each of the home owners that affect their propertyWe can not control the actions of others and it is not our place As to the treesThe company that landscaped their property warranties the trees for one year with a one time replacementAfter a tree is placed it is up to the owner to care for that treeThe wrap they are mentioning is called burlap and is left on the tree when buriedThis company also completed percent or more of the homes in this developmentOther trees have died and they were replaced just like theirs and we have had no return calls since I do feel for the homeowners and understand their situationThe water is coming from somewhere and we have already shown that it is not a springAnytime you have water going over an area nonstop the soils will become saturated and softTake the water away and the problem will go away Respectfully submitted Initial Consumer Rebuttal / [redacted] (3000, 12, 2015/07/21) */ ***Document Attached [redacted] We are not satisfied with Keyland's response due to the error in facts We met with Keyland and the city of Lakeville on 9/29/after exchanging emails with Tom [redacted] of Keyland about the outstanding As Built SurveyIn an email from Tom dated 9/25/he states "We have changed the grading times and shot surveys alreadyThere just is not enough room or elevation to create what is needed along the backside." The comments on the As Built survey shows the low points on our lot and says "show how this drain" and "make sure water drains to back" When we met with Keyland and the city on 9/29/Keyland was insistent that the excess water was due to overwatering of lawns by neighboring yardsTom requested to write a letter to the neighbors about over watering and see if this would resolve the issueA letter was not sent out to neighbors regarding watering of lawns until late October and an email received from Tom on 11/12/states that the lawns "appear to be drying out." Well yes, the lawns would be drying out when it is almost winter and we haven't received rainfall for weeks In regards to the trees that were planted by the landscaping company they did not use "burlap" bags as stated by Keyland in their responseI have the photo showing the white plastic wrap around the root of the dead trees that were removed from my yard that had been planted by [redacted] landscaping, a contractor of Keyland Homes Final Consumer Response / [redacted] (3000, 16, 2015/08/09) */ (The consumer indicated he/she DID NOT accept the response from the business.) Keyland claims they have done everything they can in regards to the grading and the city has requested changes due to homes and elevation points that they are unable to meetWe had drain tile installed weeks ago where we have been experiencing our drainage issues and immediately saw significant improvements in the surface drainage of our yardSince Keyland was unable to make the changes requested by the city we feel that Keyland should have assisted in finding a resolution; which we were able to find with drain tile Our understanding is that the final grading permit is still open and not approved by the cityWe would like to see this permit closed as it can create problems for us in the future as the homeowners if we were to ever need/want to sell our homeWe feel that is only reasonable that there is no open/outstanding permits on our home As for the tree root ball I have again attached the picture of the root ball clearly showing white plastic wrapped around the root of the tree; not burlap Final Business Response / [redacted] (4000, 18, 2015/08/17) */ I have received the photo and will be sharing this with the landscaping companyI agree it is not the burlap as brought to our attentionWe will contact them for a statement Key Land has never dismissed that a drain tile system would not solve the issue as I am sure it hasBut it is not the builder that needs to provide the tile system for something that is correctable by other means on opposing properties City looked at property on November 7th, and stated it would be approvedCurb key could not be verifiedThis was repaired on May 6thHome was finaled on June 8th
Initial Business Response / [redacted] (1000, 5, 2015/09/25) */ Prior to the submission of the complaint Key Land Homes had communication with the homeowner and had set a date to meet with the client Initial Consumer Rebuttal / [redacted] (3000, 7, 2015/09/25) */ (The consumer indicated he/she DID NOT accept the response from the business.) That is not trueI emailed Keyland before I filed the complaint and they di not reposed until after this complaint was filedThey even lie about this! Final Business Response / [redacted] (4000, 9, 2015/10/08) */ Key Land Homes did not receive the complaint notice until Friday the 25th of September at 12:p.m.and responded immediately that we had already responded to the homeownerWe did not know the complaint was submitted on Wednesday the 23rd and was reviewed for two days by the Revdex.com We did meet with homeowner as agreed uponA number of the issues we definitely agreed upon that workmanship should have been better, some items are not covered under the warranty program and some are manufacture issuesWe have received an updated list from the homeowner and we will do what we can to meet their concerns
Initial Business Response /* (1000, 5, 2015/05/22) */
While Key Land Homes understands the nature of the complaint and we have been in contact with them since this complaint submission. I have supplied all documents to the home owners that we have completed the grading to the best our ability. We...
have also contacted the city with no response as the work that they were to perform was only completed half way. The issue itself deems from the addition of a soccer field in the back of two properties which raised the grade three feet. Instead of the properties draining straight back and to the wet land, two properties drain across each other. The other issue is the elevation of the wet land is higher then the elevation of the grading plan and this is what the city was to correct. They also have a very high water table. We have been asked to add a drain tile across these two properties however to do so you need a place for it to daylight out. The only thing a drain tile will do in this case is fill with water. Again, we understand they want this corrected. If we had a place for the water to drain the issue could be solved.
We will continue to work with this party.
Respectfully Submitted
Initial Consumer Rebuttal /* (3000, 7, 2015/05/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I am speaking on behalf of the [redacted] which lots are affected by the drainage issue. If this is the case; the City of Otsego, Keyland Homes and the HOA of [redacted] NEEDS to get together and solve this problem. Once again this is not a Poff/Johnston created problem and Keyland has been good about getting back to us, however we are still unsatisfied with the end result because there has been no solution. If the City of Otsego only completed half of the issue then they need to be reached by either Keyland or [redacted] HOA whoever had them come out and complete their portion of the job. We would also like to see Keyland Homes and the [redacted] HOA come to an agreement about lowering the soccer field or something with that area. I disagree that the only solution to this problem is that it is left alone. We cannot use our backyards now going on 3 years now.
I am attaching the view from our bedroom to the backyard showing that the City of Otsego never followed through with clearing a path for our drainage in our backyards. I am also attaching 2 pictures of what it looked like with water in the backyard. Now, this week it is even worse and if necessary I can take pictures of what it looks like now.
Final Consumer Response /* (3000, 11, 2015/06/12) */
(The consumer indicated he/she DID NOT accept the response from the business.)
We do not agree that there is nothing Key Land Homes can do to remove the water. We would like Key Land at a minimum provide drain tile across these properties due to how flat they are. We would also like Key land and the HOA to fix the soccer field problem which has extended 3 feet into our yard. WE would like the soccer field pushed back 3 feet which may help with drainage into our yard in addition to the drain tile. This is unacceptable and NEEDS to be resolved. We are working on almost 3 years with this problem.
Final Business Response /* (4000, 13, 2015/06/15) */
Key Land has already offered the drain tile but the tile has no where for the water to go. This complaint should not be directed at Key Land Homes but rather the association. If they want the soccer filed moved it would be up to the city and association as Key Land Homes did not put in the soccer field.
Initial Business Response /* (1000, 5, 2015/07/18) */
Key Land is continuing to work with the home owner regarding this issue. This is a manufacture product issue which in known in the industry that must be handled by the means of the manufacturing warranty process which means it can can take...
longer than what we would like to see. Key Land has already put a great deal of time and resources into the issues which the manufacture has accepted but the means to completely remove the odor has not been determined. As a business working with a manufactured product, that manufacture will not take any responsibility if that business takes action outside of the product warranty or resolution process. Knowing this a business must follow the recommendations of the manufacture until it is determined the product is or is not the cause of the issue. Unfortunately the time it takes for the testing and determination of the manufactured product can be extensive.
Respectfully Submitted,
Key Land Homes
Initial Consumer Rebuttal /* (3000, 7, 2015/07/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This is not an acceptable explanation. Our house was built and warrantied by Key Land Homes. We do not have any warranty or relationship with the insulation provider.
The new home warranty mandated by Minnesota statute 327A.02, is between the builder (vendor) and the home buyer (vendee). The statute states: "During the one-year period from and after the warranty date the dwelling shall be free from defects caused by faulty workmanship and defective materials due to noncompliance with building standards;".
The statute gives 15 days from the inspection to provide a written offer to repair: "Within 15 days of completion of the inspection required by subdivision 4, the vendor or home improvement contractor must provide to the vendee or owner a written offer to repair. The offer to repair must include, at a minimum:
(1) the scope of the proposed repair work; and
(2) the proposed date on which the repair work would begin and the estimated date of completion."
Key Land's inspections occurred over 2 months ago. We are still waiting for an offer to repair.
Key Land homes has been working with these insulation issues for 4 years on other homes and they know what is required to get rid of this odor problem. They have fixed other homes with this same issue. They are dragging their feet on fixing our house because they don't want to incur any cost in the process of resolving this.
It is clear that Key Land is violating the law as set forth in statute 327A by not providing a written offer to repair within 15 days of inspection.
-[redacted]
Final Business Response /* (4000, 9, 2015/07/31) */
As noted in previous response. Key Land Homes remediated the home based on what is known. However odor is not a item covered under 327A and one could argue if it is a defect or not. There are no tolerances for the issue. We have been working with the homeowner on the issue for some time. We have not walked away and this continues to be a problem for the industry with a product. As the homeowner heard in person, if the builder proceeds without manufacture guidance and assistance, not only will the builder not retain the funds for the repairs but the manufacture will have no investment to correct the issue it is experiencing.
The homeowner knows where we are with the situation and they may continue to disagree with the current remedy however we continue to provide service to problem that was not a result of workmanship but product. This is new and there are no documented resources for what is or is not acceptable.
Unfortunately we disagree and with disagreements we sometimes need to go through arbitration. It does not help with writing letters back and forth through the Revdex.com although they can be a good administrator. We recommend again since they disagree with our finding, that they pursue the arbitration as agreed on. We have forwarded the information of arbitration services to the homeowner and we will abide by what ever the decision may be.
Initial Business Response /* (1000, 5, 2015/09/25) */
Prior to the submission of the complaint Key Land Homes had communication with the homeowner and had set a date to meet with the client.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/25) */
(The consumer indicated he/she DID NOT accept...
the response from the business.)
That is not true. I emailed Keyland before I filed the complaint and they di not reposed until after this complaint was filed. They even lie about this!
Final Business Response /* (4000, 9, 2015/10/08) */
Key Land Homes did not receive the complaint notice until Friday the 25th of September at 12:05 p.m.and responded immediately that we had already responded to the homeowner. We did not know the complaint was submitted on Wednesday the 23rd and was reviewed for two days by the Revdex.com.
We did meet with homeowner as agreed upon. A number of the issues we definitely agreed upon that workmanship should have been better, some items are not covered under the warranty program and some are manufacture issues. We have received an updated list from the homeowner and we will do what we can to meet their concerns.
We are sorry they continue to have this problem. Representatives met with them at the home to discuss an action plan and a different company was hired to complete the work. There is a very small area which is causing the noise issue and it is slight. We have agreed to have another company make...
adjustments to the floor and they are very confident they will be able to eliminate or greatly reduce the noise they are experiencing. With that said, we can not guarantee a floor will never make some noise when walking over. Wood expands and contracts and are subject to the elements such as humidity and dry air during the heating season. The company that will be making the repairs are scheduled out for a number of weeks for installs and repairs and this was mentioned at our meeting with them. We will reach out to this company and provide a schedule date to the homeowner by the end of this week. We cannot provide a new floor to this homeowner as the floor is well within manufacturing tolerances, there is not an installation issue and per our warranty standards we cannot guarantee a floor will not make noise.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.we would like to meet with your other flooring vendor within a timely matter. We consider a timely matter within 2 weeks.
To Whom It May Concern: Regarding the complaint file on behalf of [redacted]. Key Land Homes completed a repaired at this home from a floor truss deflection. In the process of the repair we lifted the floor back to the position it was during construction. We added extra height...
as it would settle to a final resting position with time. With the lift it created 1/32nd to 1/16th gaps next to the island. These gaps are still within the tolerances as set in our performance standards. Industry wide gapping is normal on ¾ flooring. After the work was completed we were informed that they planned on listing the home and were unwilling to wait for the acclimation of the wood. If we had known this we would not have lifted it with the extra height and there would not have been noticeable gapping. Our repairs did not affect any other portion of the flooring in the home and there areas that are much wider then what is in the area of the island. The homeowner hired their own contractor to install the flooring in the home and Key Land does not warranty their work. Key Land has tried multiple times to reach this contractor to explain his comments to the homeowner as to why we would be responsible for an entire floor. He has not returned our calls but told homeowner they should be replaced. We strongly disagree that any part of the flooring needs to be replaced. At Key Land Homes we build a good home. We have set tolerances for building and warranty repairs. If the repair would have caused to flooring to be outside of the tolerances we would have taken care of the issue in the affected area. We in this case, are not responsible for areas we did not affect or install. We cannot approve warranty repairs based on emotional arguments that it may or may not affect a future sale on a home. The homeowner has been again advised on the process of arbitration. The process must be by third party as outlined in the emails that they received on June 21st.
I am rejecting this response because:
This is simply inaccurate information. We told Tom that we had considered selling our home and thought this would deter future buyers because they had ruined the floors. We had NO issues with the floors and had made NO warranty claims regarding the floors prior to the repairs that Keyland performed. We also had no excessive gapping that Tom is describing. All of these issues were a direct result of them lifting the floor. As he stated in his email that they "wouldn't have lifted it as much." In the warmer months solid hardwood floors are supposed to be very tight together due to the humidity and a little looser in the cooler months, so this issue is only going to get worse as the fall and winter approach. The gaps have spread out everywhere because they lifted an area near the middle of our house, so that cause many boards to move. The flooring contractor that was used signed a subcontractor agreement with Key Land and also provided his insurance information. This was not due to faulty craftsmanship on his part. As previously started we had no issues the floors prior to them jacking up the basement floor. So to say that they don't warranty his work that they damaged is really doing a disservice to the homeowner. I didn't ask for them to create a structural issue in my home, damage my cabinets and my hardwood floors. I am just asking for them to do the right thing and make the correction which they don't want to do. To reference an "emotional" decision is quite disrespectful to someone that has spent several hundreds of thousands of dollars with your company. I have been more than patient with you from the start of this mess a year ago. My cabinets are still not repaired (which you did not address in your reply) and they are once again ripping away from the wall. Key land has stated that even if they don't match in color they won't do anything about it because we signed a waiver. Tom also said they is concerned they won't match either. So beyond the damaged floors, we will have mismatched cabinets due to this structural issue. Per the attachment he sent. I emailed Tom on 6/28/17 Telling him that RWC told me they don't so arbitration. He just responded yesterday saying he has been on vacation. That's not an acceptable answer.
Initial Business Response /* (1000, 5, 2015/07/09) */
Unfortunately we strongly disagree with the statement provided. The city did fail the survey however it was not for the grading of the back swale which is also called the drainage and utility easement. Last year we met with the homeowner and the...
city multiple times. The survey in fact has been approved based on onsite review. The city and builder are agreement that it is in fact the irrigating of the properties up line from these homeowners that are causing the problem. If you have water running off your property from irrigation you are watering too much. Summer of 2014 we shut off the irrigation systems of many of the homes around them. Within a few days the soils were drying up. We have emails confirming the soils were getting better from the homeowner. As an effort to help we even sent letters to each of the home owners that affect their property. We can not control the actions of others and it is not our place.
As to the trees. The company that landscaped their property warranties the trees for one year with a one time replacement. After a tree is placed it is up to the owner to care for that tree. The wrap they are mentioning is called burlap and is left on the tree when buried. This company also completed 90 percent or more of the homes in this development. Other trees have died and they were replaced just like theirs and we have had no return calls since.
I do feel for the homeowners and understand their situation. The water is coming from somewhere and we have already shown that it is not a spring. Anytime you have water going over an area nonstop the soils will become saturated and soft. Take the water away and the problem will go away.
Respectfully submitted.
Initial Consumer Rebuttal /* (3000, 12, 2015/07/21) */
[redacted]Document Attached[redacted]
We are not satisfied with Keyland's response due to the error in facts.
We met with Keyland and the city of Lakeville on 9/29/14 after exchanging emails with Tom [redacted] of Keyland about the outstanding As Built Survey. In an email from Tom dated 9/25/14 he states "We have changed the grading 3 times and shot 3 surveys already. There just is not enough room or elevation to create what is needed along the backside." The comments on the As Built survey shows the low points on our lot and says "show how this drain" and "make sure water drains to back".
When we met with Keyland and the city on 9/29/14 Keyland was insistent that the excess water was due to overwatering of lawns by neighboring yards. Tom requested to write a letter to the neighbors about over watering and see if this would resolve the issue. A letter was not sent out to neighbors regarding watering of lawns until late October and an email received from Tom on 11/12/14 states that the lawns "appear to be drying out." Well yes, the lawns would be drying out when it is almost winter and we haven't received rainfall for weeks.
In regards to the trees that were planted by the landscaping company they did not use "burlap" bags as stated by Keyland in their response. I have the photo showing the white plastic wrap around the root of the dead trees that were removed from my yard that had been planted by [redacted] landscaping, a contractor of Keyland Homes.
Final Consumer Response /* (3000, 16, 2015/08/09) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Keyland claims they have done everything they can in regards to the grading and the city has requested changes due to homes and elevation points that they are unable to meet. We had drain tile installed 3 weeks ago where we have been experiencing our drainage issues and immediately saw significant improvements in the surface drainage of our yard. Since Keyland was unable to make the changes requested by the city we feel that Keyland should have assisted in finding a resolution; which we were able to find with drain tile.
Our understanding is that the final grading permit is still open and not approved by the city. We would like to see this permit closed as it can create problems for us in the future as the homeowners if we were to ever need/want to sell our home. We feel that is only reasonable that there is no open/outstanding permits on our home.
As for the tree root ball I have again attached the picture of the root ball clearly showing white plastic wrapped around the root of the tree; not burlap.
Final Business Response /* (4000, 18, 2015/08/17) */
I have received the photo and will be sharing this with the landscaping company. I agree it is not the burlap as brought to our attention. We will contact them for a statement.
Key Land has never dismissed that a drain tile system would not solve the issue as I am sure it has. But it is not the builder that needs to provide the tile system for something that is correctable by other means on opposing properties.
City looked at property on November 7th, and stated it would be approved. Curb key could not be verified. This was repaired on May 6th. Home was finaled on June 8th.
We have contacted the flooring company that completed the work. Again, they have stated it is within tolerances but are willing to come back or provide the services of our other flooring vendor to try and meet your expectations. We realize it has been two years however this flooring company has continued to try and resolve the issue in a manner that would satisfy your concerns.