Lewis, Tim Communities

Review: We purchased a new home in the Vista Ridge community, with escrow closing on May 8, 2015. One of the primary reasons that we purchased the home is that it included an expensive outdoor fireplace upgrade. However, the fireplace was severely damaged during installation and no longer functions. We have been trying to have this item repaired for over two and one-half months with absolutely no success. We have been forced to file a complaint with the California State Contractor License Board, a fact about which Tim Lewis Communities has been advised. They have still not responded to our numerous contacts and complaints with any indication of when/if this important feature in our new home will be repaired.Desired Settlement: The damaged unit needs to be replaced so that the exterior is not damaged and the unit functions.

Business

Response:

Dear Sir or Madam: The above issue has been resolved to our satisfaction, so we would like to withdraw the above complaint. Thank you for your time. Sincerely, [redacted]

Consumer

Response:

I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.

Review: We purchased a new home in Sparks, NV on a contingency basis. Unfortunately, as of this date, our home in Oceanside, CA has not sold, and still on the market. On the 7th of August, we received a Cancellation Notice from the Builder, requesting our signatures. We were told by Sales Manager [redacted] that the sold our future house to someone else. Upon reading this Form, we were concerned about the last sentence, "Signing this Notice of Cancellation does NOT provide Buyer the guarantee that Seller will refund all Earnest Money Deposits". I called and sent e-mail to the Builder stating our concern, and that we didn't feel comfortable signing because of this wording, and asked them to delete that sentence, or rephrase it and that we would then sing the Notice. They refused to change it. I then contacted [redacted] in Sparks, (who is holding our money) and explained our concern. [redacted], (with the Escrow Co.)told us that normally the Notice should also include and outline the total amount to be refunded. While there, in the Agency's Office, there was a local Realtor waiting for her clients to close Escrow. I asked her how she would interpret the Notice, and handed her the copy to read. She said she would never sign such a Notice, (too vague and misleading). Mr. [redacted], with the [redacted] in Carson City, concurred as well, (not willing to sign the form).I then contacted a local Attorney in Reno. He suggested that there was no need to delete the last paragraph, but just the word NOT would be sufficient. The Notice was then signed inside [redacted]'s Office and sent to the Builder via e-mail by [redacted]. The Sales Manager [redacted] called back while we were still in the Agency, and was extremely upset, sating that there was no trick in that Form, and afterward said because of the verbiage change, they (the Builder)will have to send us yet another form for us to sign. That was on the 11th of August. We still have not received anything to this day.Desired Settlement: They are purposely doing this and delaying it. Why? We believe that the reason is that if we didn't close by the 19th 0f August, there would be a $150.00 per day penalty. The Builder has now stopped communicating with us, and not answering our e-mails. Desire Resolution is to refund the total amount of $17,554.25.

Business

Response:

The buyer has agreed to and has now received the $10,000 good faith deposit per the sales agreement. He has signed off on the $7,755 option deposit monies to be retained by Seller per the Sales Agreement. Please let us know if you need anything on letter head or if this will suffice as official response.Thank you,[redacted]Director of Sales and Marketing

Consumer

Response:

I am rejecting this response because: Yes we did receive the refund of $10,000. The only reason we received the refund was due to a complaint filed with [redacted] against [redacted] reprinted the Notice with different wording, something that Tim Lewis Communities refused to do, even after several requests, asking them to please change the wording that was misleading, not only to us, but to everyone reading that Notice, but kept on refusing. They stopped communicating with us, and not responding to my emails. This is not the way to conduct, and do business. Yes we did sign the Notice under pressure by The Sales Manager. Our goal was trying to get a full refund of over $17,000, because the way we were treated: Threatened after a few days signing the contract ( cancelling the whole thing on us). Failing to appear on an appointment made by the Sales Manager, ( after driving from San Diego County to Sparks, NV). We acted in good faith. If our home did not sell on time, was not tensional, it was out of my control. Ms. [redacted] even suggested that we repaint all interior walls to neutral colors, ($3,000 to 4,000). We were always under pressure from the Sales Manager, demanding things. After I confronted him, he said it was not his doing, but his boss, ([redacted]). We have purchased over 5 homes, in Illinois, in Virginia, and California. This would have been our 6th, and never experienced the ordeals we have had with Tim Lewis Communities. We still believe that we should get the balance of our deposit because of the treatment received by the builder.