From: *** *** Date: Tue, Sep 22, at 9:AMSubject: Response from Mitchell and BestTo: *** *** ***-I just read the letter from Mitchell and Best and I wanted to see if you have any time to discuss it As an attorney myself, this is exactly the type of letter I would have written in order to obfuscate the issues and present half truths in order to sound reasonable.1) The house is years old (almost) and there is a ten year builders' warranty and I only recently claimed there was an issue because there was only recently a problem that manifested itself from the faulty design they built But it is the same issue in every house, some homes had their pipes burst year one- mine burst year 8.5.2) They can't claim that there is no design flaw yet in the very next paragraph they claim there is a very technical design flaw that would be somewhat complicated to fix.3) I turned down an offer to repair because I wanted them to step up and fix the problem in all of the homes, or at least make an offer to remediate those that wanted repairs They refused to do so because, they said, I am not an official spokesperson for my neighborhood There are homes of the exact same model and vintage, all presumably have the same flaw.4) The warranty does not cover a latent defect, a defect that Mitchell & Best's attorney and their CEO (Rob M***) have now both admitted to.5) I forwarded the communication on to you that they sent about home maintenance They advise keeping the home heated to a temperature well above what anyone would recommend- degrees As for my own personal maintenance, I literally installed sauna lights into our overhead lighting and had two space heaters running in the area affected There is literally almost nothing more that I could have done.Thanks for your work on this,***
September 18, 2015Dear *** ***:We are in receipt of your letter dated 9/8/2015, regarding the above-referenced claim, in addition, we are in receipt of a letter from you, dated 9/3/2015, addressed to Mike B***, regarding the above-referenced claimWe apologize for the delay in answering this
complaint, but, unfortunately, MrB*** is no longer employed here at Mitchell & Best, and I believe that is why we did not receive your prior letters.We have reviewed the complaint that was filed by *** *** regarding the burst pipes in his homeFirst, please note that *** *** purchased his home in December, 2005, almost years ago, and only recently claimed that there was in issueWe deny that there was any design flawWe also make all of our home owners aware that they must perform routine maintenance on their home, including taking reasonable precautions in exceptionally cold weatherIn fact, during this past winter (2014-2015), We sent information to our homeowners explaining some steps that could be taken to provide these precautionsIn addition, as provided by law, we provided *** *** with a 3rd party warranty at the time he purchased his home, but given the length of time that has now passed, the warranty may have expired.Although we were not legally required to do so, and although there is no design flaw, We nevertheless recently offered to conduct repairs for *** *** *** declined this offerWe are happy to forward that correspondence upon request.The issue that *** *** has raised is a very technical issue, and there are many reasons/issues that might have led to the problem almost a decade after purchase of the home, and move in, including the possibility of a lack of homeowner maintenanceAccordingly, we would request, based on nothing more than a letter, that you not consider *** ***'s claim as having any merit and that it not impact any rating that we have with Revdex.comWe value our excellent reputation as one of the best homebuilders in the region, as evidenced by our offer to assist *** *** with this problem.Please feel free to contact us with any further questions.Sincerely,Kristine S., Esquire Executive Vice President - Finance & Legal
From: *** *** Date: Tue, Sep 22, at 9:AMSubject: Response from Mitchell and BestTo: *** *** ***-I just read the letter from Mitchell and Best and I wanted to see if you have any time to discuss it As an attorney myself, this is exactly the type of letter I would have written in order to obfuscate the issues and present half truths in order to sound reasonable.1) The house is years old (almost) and there is a ten year builders' warranty and I only recently claimed there was an issue because there was only recently a problem that manifested itself from the faulty design they built But it is the same issue in every house, some homes had their pipes burst year one- mine burst year 8.5.2) They can't claim that there is no design flaw yet in the very next paragraph they claim there is a very technical design flaw that would be somewhat complicated to fix.3) I turned down an offer to repair because I wanted them to step up and fix the problem in all of the homes, or at least make an offer to remediate those that wanted repairs They refused to do so because, they said, I am not an official spokesperson for my neighborhood There are homes of the exact same model and vintage, all presumably have the same flaw.4) The warranty does not cover a latent defect, a defect that Mitchell & Best's attorney and their CEO (Rob M***) have now both admitted to.5) I forwarded the communication on to you that they sent about home maintenance They advise keeping the home heated to a temperature well above what anyone would recommend- degrees As for my own personal maintenance, I literally installed sauna lights into our overhead lighting and had two space heaters running in the area affected There is literally almost nothing more that I could have done.Thanks for your work on this,***
September 18, 2015Dear *** ***:We are in receipt of your letter dated 9/8/2015, regarding the above-referenced claim, in addition, we are in receipt of a letter from you, dated 9/3/2015, addressed to Mike B***, regarding the above-referenced claimWe apologize for the delay in answering this
complaint, but, unfortunately, MrB*** is no longer employed here at Mitchell & Best, and I believe that is why we did not receive your prior letters.We have reviewed the complaint that was filed by *** *** regarding the burst pipes in his homeFirst, please note that *** *** purchased his home in December, 2005, almost years ago, and only recently claimed that there was in issueWe deny that there was any design flawWe also make all of our home owners aware that they must perform routine maintenance on their home, including taking reasonable precautions in exceptionally cold weatherIn fact, during this past winter (2014-2015), We sent information to our homeowners explaining some steps that could be taken to provide these precautionsIn addition, as provided by law, we provided *** *** with a 3rd party warranty at the time he purchased his home, but given the length of time that has now passed, the warranty may have expired.Although we were not legally required to do so, and although there is no design flaw, We nevertheless recently offered to conduct repairs for *** *** *** declined this offerWe are happy to forward that correspondence upon request.The issue that *** *** has raised is a very technical issue, and there are many reasons/issues that might have led to the problem almost a decade after purchase of the home, and move in, including the possibility of a lack of homeowner maintenanceAccordingly, we would request, based on nothing more than a letter, that you not consider *** ***'s claim as having any merit and that it not impact any rating that we have with Revdex.comWe value our excellent reputation as one of the best homebuilders in the region, as evidenced by our offer to assist *** *** with this problem.Please feel free to contact us with any further questions.Sincerely,Kristine S., Esquire Executive Vice President - Finance & Legal