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It is our best knowledge that this situation is now remediated

LC Homes will honor the contract that both parties mutually agreed toOur sales representative *** *** has been truthful about the current status
of Enclave and has notified all buyers that we are unable to apply for permits until New Castle County allows us to turn in the permit applicationAt this point the county has not granted our release, but we are hoping to be released soonFrom that point we are approximately days from the start of construction to deliver the home

We are currently investigating this situation to determine who is responsible for the issue. We hope to have a resolution and strategy to
fix this issue within two weeks and we will update if we reach one prior to that date, thank you

Buyer and Seller mutually agreed to release the buyer of all legal liabilities per our Agreement of Purchase and Sale.  As part of the signed agreement both parties agreed that the seller will retain the earnest money deposit due to buyers lack of performance per the Agreement of Purchase and...

Sale.

+1

Five years after settlement this would not be covered by warranty.    Page 1 of the QBW warranty booklet  under Non Load bearing elements which are not considered major structural segments include, but are not limited to Brick, stucco, or stone veneer that would not be covered...

after year 1.   On page 2 also excluded from warranty would be roof shingles, tar paper, all sheathing & other surfacing material.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
 
Yes, it's true I had signed an addendum stating the phase was undeveloped, and I am not denying that he informed me of this. But no one at LC Homes explained to me that there was more to the delay in starting construction on my home, other than the phase needing to be developed. I had to find out through other sources, including the Town of Middletown that the builder was having issues in having building permits released to them for phase 6 due to [redacted] leaving a substantial amount of amenities unfinished in the community. According to the Town, this information was known to [redacted] for the past 18 months, which was BEFORE I signed my contract! This is something I feel that someone at LC Homes, including the sales representative, should have informed myself, and other phase 6 buyers about. This is the reason why I feel that the builder was not very forthcoming with certain information, and basically has "taken my money".
Regards,

June 11, 2015 Reference:          [redacted] – Settlement 5/16/14                               **...

[redacted] Time line for Basement Leak: Home Settled May 16, 2014 – Move in checklist (attached) Completed and signed by the customer as satisfied. July 9, 2014 – email from homeowner listing issues with her home that she had a leak – July 24 no sign of water August 8, 2014 – Service Request with response – reported a leak in the basement –Superintendent went to the house to check out and did not see any water/leak.   The H/O was told to contact him the next time she sees water/leak. February 13, 2015 – Jesse, superintendent went to the house again the cracks in the floor are Control Cracks and not leaking or lifting.    We explained to the customer that the cracks that run straight area control joints (Zip strips) installed in the concrete and are supposed to be there. April 15, 2015 – received one year checklist from the homeowner –list leaks again but admits Jesse attempted to repair May 5, 2015 customer said again said there are leaks in the basement Sent work order to LA MASONRY to get to bottom.  They sent Custom Coating to inject the crack that was leaking.  The injection is warranted by Custom Coating for five years so any leak should be reported to them. May 21 – received another email from homeowner saying the concrete people injected the crack but it is still leaking.     The sealant that is used during the injection process has a high gloss; buyer thought the shine meant the area was wet.     The cracks in the floor are supposed to be there, they are control joints that require no injection or repair.  Requested a copy of her engineers report or environmental finding to see what is being said — it was never sent.    May 30, 2015 – another email stating that the concrete company fixed the crack but it was still leaking.  Again, I requested a copy of the report she referred to that an independent agent inspected the basement; we need to see what they are finding that we are not.  To date she has not supplied a copy of the report from her independent agent and did not give a copy to our men when they were there.    June 9, 2015 – Sent [redacted], Site Superintendent, [redacted], service manager, and [redacted], site service man, to the home to check the LEAKS the homeowner claims they had.   It had rained the night before and the morning of June 9th, they examined the entire basement for damp/wet areas on the concrete and nothing was found.  They had a moister meter to check the percentage of moisture in the concrete; the meter read 0% at the floor and wall where it was repaired.   To check the meter and demonstrate to the homeowner that the meter was working, they poured a cup of water and rubbed into the floor where the meter previously read 0%.   The meter read 54% proving that the meter was working.  At that time we told the homeowner there was no moisture /leak and we would need to be contacted when she saw water again to determine if there was a problem.     At that time, they asked about the cracks in the floor, we gave them literature on Control Joints for Concrete Floors and that what they are seeing was the control joint.  We did notice one crack that was within tolerance and quite normal for concrete (Shrinkage cracks are common and should be expected).   Our employees noticed a red powder around the entire perimeter of the inside of the basement.  They explained that this was a religious ritual when they moved into the house.    When the basement leaked the red power stained the floor as such, we believe the homeowner thinks the stain is from new leakage. Again, we said that if they see a leak or water they should call and our superintendent will check it out. June 25 at 11:30 p.m. the homeowner called our service manager when they noticed water leaking into the basement.  He went there that night, took pictures and made a plan of action to return 6/30. June 30, our employees pulled the toe boards under the front door and Counter flashed the landing and replaced the toe board at the front door.  The homeowner was instructed to call if there were any other leaks.  To date we have not heard anything and there have been many storms since the repair.  Our Service manager noticed a crack in the floor due to settlement and has been trying to schedule to return and caulk but the homeowner will not confirm a date for our people to return.

Tell us why Per our signed contract with the customer, we have untilMarch 21st, 2016 to deliver their home.   To no fault ofour own, we have not applied for a building permit because the county isn’tcurrently accepting building permits.   As also stated in...

thecontract, this is a risk that every homebuyer (and builder) assumes as thisprocess is out of both our control.  Our attorneys are actively engagedwith the county in hopes of resolving this issue as there is still apossibility we can deliver a home six months from the buyer’s originalsettlement date.    If the house cannot be delivered within the time framestated on the contract then the customer’s deposit refund policy will beimplemented.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.This response is from [redacted], [redacted],Smyrna, Delaware. I will respond in the order that LC Homes has written.   Also Mold Reports attached May16, 2014 –Correct but it did not rain to see that we had a leak.  July 9, 2014 –Statement from builder is untrue. There Superindentent, [redacted] came to the houseseveral times and viewed the leak with his own eyes, but fails to speak up nowsince the claim is with Revdex.com. If he were to take a lie detector test the truthwould come out. He has been aware of our leak and have seen it on several occasionincluding July 24, 2014.  [redacted]has seen the leak as well with the many photos that I have sent it. However,our photos aren’t good enough for LC Homes. August 8, 2014 –Statement is untrue. [redacted] has seen leaks on several occasion but refuses tospeak up. I will send photo proof.  February 13, 2015– All of the cracks in the floor are NOT control cracks. Whoever responded tothe BB report was not visible in my home to see if the cracks were leaking orlifting. The cracks are lifting and one of them leak. These cracks runstraight, crocked and many more starting. They are not the normal controlcracks. I am a realtor and former inspector and I know this for a fact.  April 15, 2015 –[redacted] did attempt to repair leak. However, all of the dates prior to thiscommit, LC homes said there wasn’t no leak. Now they are admitting that [redacted]attempted to repair the leak. LIES. May 5, 2015 – YesCustom Coating came and they attempted to stop the leaks IN THE WALL ONLY.However, there work has been unsuccessful.  May 21, 2015-Statement is untrue. I am a well educated individual with a real estate andinspection background along with 28 years of customer service and so far LCHomes responses are failing in all of these areas. First, I know what highgloss is and by no means did I think that the shine was WET. Who ever told youthat. That wall is still leaking in several locations. I took pictures and sentthem to **. In those pictures LC is aware of where the wall was leaking fromand NO ONE mentioned the high gloss area. Please don’t insult my intelligence.The cracks that long from wall to wall and 9 plus cracks is NOT suppose to bethere when you have only lived in a house for 1 year. My parents home is 40years old and they have no where near cracks like this home has. The basementwas rushed and they people who did the basement did not do a professional job.Our basement is a big default that needs to be PROPERLY FIXED. No quick fixes.It needs to be properly fixed.  Last, LC homes has NEVER requested a copy of environmentalfindings. They never did. However, I have no problem sending them a copy now.However, I did not trust to release the information in case LC gets theenvironmental person to lie. I saved my report for court and my attorney if LChomes wants to take it to court. However, they NEVER requested any copy fromme. MORE LIES.  May 30, 2015-Again LC HOMES NEVER asked me for a copy for anything. LIES. June 9, 2015 – Thetalk in LCs response is nothing but ignorant. First,  the homesowners do not “CLAIM” to have a leak. We have aleak and have had one since the first time reporting it. So I resent you makingit seem like we are lying about the leak when we sent several pictures. Goddoes not like ugly and he sees your lies. Next, my husband sent ** an email that it had to rain HARD for thebasement to leak. It was [redacted] idea to send the guys over on June 9 after alittle rain just to plant there defense saying it was no leak. WE TOLD YOU THATit would not leak WITHOUT a heavy and long rain.  It wasn’t wise to send them over and [redacted] knew that.  Third, I don’t believe the meterreadings. [redacted] was playing with that meter a little too much with his backturned and adjusting the meter more than 3 occasions and then reporting a ZEROreading. Really??? I know how to operate those meters as well and it wastampered with. This report keep saying NO LEAK and it baffles that you  stated in April 15, 2015 that [redacted]attempted to fix the leak. Then you state it at the end that there’s a plan ofaction. Well LC Homes do we have a leak or not since you keep going back andforth with it??? We don’t lie. Next, no water was poured IN OUR PRESENCE (we were downstairs with them)to determine if there was a problem. That did not happen and your people whoare reporting this stuff to the reporting person are not telling the truth inthis report. Cracks like that are NOT the norm. Cracks like that happen if thebuilder did NOT do a good job with the foundation.  Furthermore, LC Homes must take into consideration that wewere the first house on this street down our end and there were over 9 housesbuild right around us and for a house to SHAKE, I mean literally shake with thosebig earth movers are in operation, this is evident that this house was notbuild to perfection and with cheap materials. With all of the cracks in thebasement is not the norm. It was rushed and wasn’t done correctly. That is thecase here.  There are NO cracks inour basement that are normal and the ones that are crocked and going everywhich way are lifting. We moved from NJ to buy  a house like this and stuck with workers and builders whoare trying to rob us from fixing things correctly in our home. SO DISAPPOINTINGand UNFAIR. Now this is a big JOKE. The red powder as a religious ritualis an insult to our religion and so far from the truth.  I don’t where in the world they got thisfrom or who thought of this . The red powder is CAYENNE PEPPER to keep bugsaway. We put it down one time and haven’t done it in months. The red powder DIDNOT stain the floor. We have visible WATER leaks which stained the floor. LCneeds to stop with these lies. This is ridiculous and how dare they insult ourreligion and lie on something that they totally made up. God sees all.  We have leaks.  June 25, 2015 –Well why did he make a plan of action if there wasn’t no leak?? We told themtime and time again that we have leaks and this statement from LC Homes on June25, 2015, proves it over and over again and there is STILL a leak even AFTERCustom Concrete did there work. I am a professional woman and do not have timefor LC Homes games and trying to get out of servicing something that they defaultedin which is the basement is unreal and the public needs to be aware of this.  June 30, 2015 –They did pull toe boards at the front FOR THE SECOND TIME (the first timedidn’t work). We have NOT had HEAVY and LENGTHY rain as of yet so we did notreach out to LC Homes as of yet and it’s July 9, 2015. There have NOT been manystorms since the repair. There has been heavy rain shower for a SHORT period oftime. It has NOT rained for a lengthy amount of time with constant heavy rain.This person must live in another state because we have not had the type of rainand storms that this person from LC HOMES is talking about in Smyrna Delawaresince the repair.  Last, yes theservice manager  noticed SEVERALCRACKS in our basement floor and they ARE NOT due to settlement. A caulk job willNOT do for these default cracks. That is a bandaid and only a bandaid that willnot last.  [redacted] (another manager whocame to one of the prior appointments with LC Homes) recommended a process forthe basement cracks. He spefically said that the process would involve someDRILLING BEFORE INJECTING the cracks with a solution being POLYURETHANE orPOLYMER or a solution that works.  We are fine with that AS LONG as it works.  Our concern is the possibility of hydrostatic pressure erupting from underneath which can become an extended issueinvolving extensive work.  We knowthat there is a lot of water underground in Delaware and where our home sits.We want this job done CORRECTLY to prevent any reoccurences  s a result of hydro static pressure.  To ADD, LC Homes needs to send professional masons who cando this work solid and correctly. Five years of warranty goes fast and we wantthis done right. Furthermore, there are serious health complications that haveresulted from this constant leak in our walls, in addition to having mold inour basement and our living area. I am expecting LC HOMES to remediate thismold and fix our basement to completion. I have already alerted the health department of Delaware and they havebeen instructing me on how to handle this issue and will keep monitoring the situationto see if LC remediates this mold and get our basement and home to healthyliving conditions. If they do not then my next move will be the media. This isa home that we have invested a lot of money on and most of all this IS MYHEALTH!  Fix the basement completely and remediate the mold and Iwill be a satisfied home owner. That’s it! Simple! [redacted] & [redacted]

Five years after settlement this would not be covered by warranty.    Page 1 of the QBW warranty booklet  under Non Load bearing elements which are not considered major structural...

segments include, but are not limited to Brick, stucco, or stone veneer that would not be covered after year 1.   On page 2 also excluded from warranty would be roof shingles, tar paper, all sheathing & other surfacing material.

In addition, the buyer and seller have reached an agreement to resolve this issue.  [redacted] Director of Sales LC Homes De Sent from iPhone      [redacted]...

[redacted] According to Highlands Mortgage the customer’s loan denial was due to poor credit with recent disputed major derogatory credit.   Customer’s assets show unemployment and excessive overdraft NSF charges with no savings, therefore any payment shock would not be supported.  LC Homes will not reimburse customer for any actions or decisions regarding his application and/or denial from Highlands Mortgage. In regards to customer’s earnest money deposit, LC Homes will review the situation with VP of Operations Patrick Feeney to determine the seller’s position. Based on Highland’s denial it appears that the customer was the sole cause of mortgage denial.  Typically in this situation the buyer would forfeit any deposits due to lack of performance per the agreement of purchase and sale. Sincerely,

We did not violate any of the terms of the agreement of purchase and sale. Delays are very common in this business and they are addressed in the agreement. The customer e-mailed us at first and basically asked for their deposit back because they changed their mind. We said we were going to honor the...

agreement and they are not happy.

Our promise on the settlement date is in the body (language) of the legal contract that states and allows us two years to build the home.  There are no verbal promises.     The legal entity LC Homes has no responsibility or control of any delays caused by the county prior to the...

building of homes.    There is no logical reason we would knowingly sell a home that the county would not allow us to build.     Lastly, it should be known that the delay, not caused by LC Homes, is also a huge burden to the builder both financially and schedule wise.    [redacted]

I spoke with [redacted] today. 
The refund check has been cut and now just has to be signed, which can take some time, but she will receive her check soon.  She informed me of her new address to which I forwarded on to corporate. ...


Thanks.

LC homes is aware of the customers issue and is working directly with the homeowner to find an amicable resolution as soon as possible.

The new house wrap was installed. Initially, when the siding was being replaced the siding company did not start off using new house wrap. This siding was then removed and the new house wrap was installed. The onsite supervisor met with the homeowner and explained what was done and took pictures as a record. If the purchaser has a concern why are they not working through the onsite sales representative and expressing their concern to the company directly. We have nothing to hide and all intentions are to make sure sure everything is correct. What is it they are looking for? We have a agreement of purchase and sale and intend to build the home according to the signed documents.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
 
I was forwarded email correspondence that the check was mailed over a week ago on Friday April 15. I still have not received it. This company is still playing games. I need to know if and when it was actually sent. I asked to have it sent by certified mail or to be picked up, they allowed neither option.

LC Homes, and Capano Management have ripped up the swale in front of my home in Heron Bay over three years ago, making it a totally illegal size (yes, DNREC has been out to see it) and most recently have ripped up the street and my driveway in May of 2016 and have not yet finished the work and don't have any plans in the near future to repair it. My last email to Mr. Todd M[redacted] was on 9/26 of this year asking when it would be repaired and he said 1-2 weeks. I do not understand how they keep getting permits to build new homes when they have not repaired an ongoing issue that has been a problem in the entire Heron Bay community for at least 8 years.

The home in question was originally purchased in July 2014. Ms. [redacted] contacted our officer regarding an area in her yard where the sump pump discharges. Ms. [redacted] was informed that the builder is responsible for establishing the original grade and there after it is the homeowner’s responsibility...

to maintain the grade. The issue identified by Ms. [redacted] is not something that would be considered builder responsibility.   In connection with the purchase of the home, Ms. [redacted]  received a 10-year Limited Warranty Agreement issued by Quality Builders Warranty Corporation.  If Ms. [redacted] believes that there are items subject to the warranty for which LC Homes of Delaware, Inc.,  is responsible which have not been corrected, she can contact Quality Builders Warranty Corporation since the warranty provided has a very specific Complaint and Claims Procedure.  Therefore, I do not know why your department is involved in this matter since the homeowner has recourse under the mandatory Dispute Resolution Provisions contained in the Limited Warranty Agreement.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.[redacted] I am appalled that you would indicate that you attempted to contact us on May 15th regarding remarketing the lot because that is untrue. You never contacted us regarding remarketing the lot or the conversation you had with the lender. In my email dated May 20th you indicate that you "thought" [redacted] notified us that the lot had been remarketed when I asked you why we were never notified.  You replied to my email which is attached "I was informed and it was recommended by Highlands that we remarket your lot 3 weeks ago. I'm surprised Highlands didn't contact you earlier, I thought this was communicated to you when it was communicated to me".  In addition, our scores did not drop after signing the contract which is another false statement.  On May 20th we entered the sales room to give additional deposits and NEVER had a conversation with you about credit scores or additional deposits because you were not in the office your assistant [redacted] who had no idea why the lot was released and remarketed and could not answer any questions that we had regarding the lot indicating "available".

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Address: 410 Cotton Gin Lane, Lawrenceville, Georgia, United States, 30045

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