Request #1? On 03/22/16? - Mr [redacted] submitted the attached request for service with (3) issues? (HVAC, Front Elevation and Bathroom Tub).The request was forwarded to our field rep so he can schedule a appointment with Mr [redacted] .? Our field rep left Mr [redacted] various voicemails to please contact him back so we can inspect his pending issues.No call back.? As of today 05/10/16Ø? ? HVAC issue was completed 04/22/16Ø? ? Front Elevation - We will schedule with the painter.Ø? ? Bathroom Tub issue - Appointment was set for 05/05/but Mr [redacted] had to cancel due to personal matters.? ? Request # 2? On 04/26/16? - Mr [redacted] submitted another request saying he was having water damage in his laundry room ceiling(see request attached)Again the request was forwarded to our field rep so he can schedule a appointment with Mr [redacted] .? After several attempts calling Mr [redacted] ,? On 05/03/16? - I emailed him with our field rep cell phone number if he can contact our field rep at his earliest convenience.? 05/09/16? - I called Mr [redacted] to follow up and see if he had able to contact our field rep regarding his pending items.He said he been really busy dealing with personal matters and had not had time to schedule with our field rep.? I told him if was okay for today (05/09/16) to swing by and inspect the laundry room ceiling issueHe said yes, therefore we were there that same afternoon.Next step is for our Drywall Contractor and Mr [redacted] agree on a date to fix the drywall.? Any questions please give me a call/email.? ? Thanks, [redacted] PACIFIC COMMUNITIES BUILDER, INCDove Street, Suite 300Newport Beach, CA 92660Tel:? 949-660-8988? ext.? [redacted]
Pacific Communities (on behalf of the seller, MEF Homes, LLC) permitted Mr [redacted] to cancel his purchase of the new home in question because he had been unable to sell his existing home However, certain optional items (e.g., upgraded cabinets and countertops) had already been installed in the new home Mr [redacted] and the Seller agreed that a portion of his deposit ($6,469) would be returned immediately upon the cancellation of escrow and the balance of his deposit ($5,295) would be retained by Seller as compensation for the installed options, provided that Seller would refund the deposit to Mr [redacted] if Seller was able to re-sell the property for the same price (and thus recoup the value of the options) A copy of the escrow cancellation instructions are attached Seller has continued to diligently market the property for sale Unfortunately, the home has not sold Seller nevertheless intends to honor the agreement set forth in the attached cancellation instructions and will notify Mr [redacted] when the property is sold Mr [redacted] is welcome to contact us directly (Pacific Communities, Attn: [redacted] , 949.660.8988) if he has any further questions or concerns regarding this matter
Dear [redacted] As we discussed, the customer, [redacted] closed escrow on February 2, His deposit was applied to the purchase price of his new home per the terms of the purchase agreement that he signed For the record, Pacific Communities made every effort to deliver the completed home to [redacted] t at the earliest possible date Pacific Communities does not get paid unless and until escrow closes So there is absolutely no incentive for us to delay the closing Unfortunately, construction delays that are beyond our control do occur (e.g., delays by government agencies, delays by utility companies, inclement weather, etc.) [redacted] t acknowledged and assumed the risk of such delays in the purchase agreement he signed, which states: BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER'S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROWMAYBE DELAYED BY WEEKS ORMONTHS BEYOND THE SCHEDULED CLOSING DATE BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER PACIFIC COMMUNITIES BUILDER, INC(CONTRACTOR"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROMANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, rent PAYMENTS, MOWING costs, AND INTERESTRATE chANGES, ARISING FROM or relATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAYTHE RISK OF WHICHBUYER HEREBY EXPRESSLY ASSUMESBUYER's releASE, INDEMNITY AND ASSUMPTION OF RISKUNDER THIS PARAGRAPHSHALLSURVIVECLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENTWe trust that this matter is now resolved Of course, we want [redacted] t to be a fully satisfied customer Please let him know that he is welcome to contact Ms [redacted] , our VP of Sales (*** or [redacted] or me (my contact info follows below) if he has any further questions or concerns Please reply to confirm receipt of this email Thank you for your assistance with this matter Regards, *** [redacted]
Revdex.com: I have reviewed the? response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below THIS IS A FOLLOW UP COMPLAINT THAT WAS SUBMITTED TO Revdex.com ON JUNE 27, THE DESIRED RESOLUTION WAS TO RETURN OUR FAMILIES MONIES THAT WERE DEPOSITED FOR UPGRADE ON A PROPERTY SOLD BY PACIFIC COMMUNITIES BUILDER IN MENEIFEE, CA ON MAY 22, IT IS NOW ONE YEAR AND ALMOST THREE MONTHS AND OUR $HAS STILL NOT BEEN RETURNEDONCE AGAIN THIS AGREEMENT WAS AGREED UPON WITH THE V.POF SALES AND MY FAMILYCOMMON PRACTICE IS ANY AND ALL UPGRADES ARE AUTOMATICALLY PASSED TO THE NEW PURCHASER OF THE HOME SO THEREFORE A REFUND SHOULD AUTOMATICALLY BE RETURNEDI SAY AGAIN IT IS NOT FAIR PRACTICE TO RETAIN A CUSTOMERS DEPOSIT BECAUSE THE COMPANY HAS NOT SOLD THE PROPERTYI WISH ANYONE THAT PURCHASES FROM THIS COMPANY IN THE FUTURE BEWAREBE CAREFUL OF HOW DATES CHANGE OFTEN AND BRIEFS OCCUR ABOUT VITAL INFORMATION WHEN THEY DEEM IT NECESSARY IT IS VERY DISAPPOINTING FOR A COMPANY THAT SUPPOSEDLY HAS A GOOD REPUTATION WOULD CHOSE TO DO THIS AS IF THEY NEED A RETIRED MILITARY VETERAN THAT HAS FOUGHT IN TWO WARS MONEYFOR SHAMEI DESIRE THAT A CHECK FOR THE AMOUNT OF $BE MAILED TO MY ADDRESSTHIS IS BEYOND RIDICULOUS NOWNOW, YOU ARE HOLDING MY DEPOSIT HOSTAGEI'M ALSO REQUESTING INTEREST BE ADDED EACH MONTH TIL THE DAY IT IS RECEIVED BY METHE PRESIDENT OF PACIFIC COMMUNITIES BUILDER SHOULD REALLY BE ASHAMED OF HIMSELFHOW DO YOU SLEEP AT NIGHT? Regards, [redacted]
Revdex.com: I have reviewed the? response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below [My complaint has not been satisfied by the businessAs I mentioned the before the Pacific Builder Community provides misleading and information about this issueI was not offered a complete refund at no pointI was offered $as a deposit refund and never given the option to purchase another home that was not under contruction, the deposit amount was only? $and the rest of the money was considered deposit for an upgrade.? The problem I had with that offer was the amount of money Pacific Builder received from me was $11,They call it upgrade for options in which I was told was non-refundable in any situation.? As per contract I signed May 8, was not completely express to you by the builder [redacted] cut and paste only the part beneficial to her company, so here is another part of the contract she left out (? No reliance shall be placed on any stated completed/delivery date unless/untill the sales? staff confirm? that a given compltetion date is final and fixed)Email dated 10/25/@ 4:PM from? Pacific Willow teams provides that detail of a completion date to be executed no later than Escrow date of 30? December 2016.? I can provide emial from builder upon request.I relied on the sales team and Pacific Builder to provide me with accurate informationI asked that this builder make true to their contractThe amendment for Extension of Closing date expired for December I was given numerous of reason why the home was'nt completed and none of those reasons was not due to construction shortfallsIn january 2017? I was asked to sign and additon amendmnet for extension after the sales office told me they would be in breach of contract Regards, [redacted]
Dear [redacted] ? As we discussed, the customer, [redacted] closed escrow on? February 2, 2017.? His deposit was applied to the purchase price of his new home per the terms of the purchase agreement that he signed.? ? For the record, Pacific Communities made every effort to deliver the completed home to [redacted] t at the earliest possible date? Pacific Communities does not get paid unless and until escrow closes.? So there is absolutely no incentive for us to delay the closing.? Unfortunately, construction delays that are beyond our control do occur (e.g., delays by government agencies, delays by utility companies, inclement weather, etc.).? [redacted] t acknowledged and assumed the risk of such delays in the purchase agreement he signed, which states:? BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER'S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROWMAYBE DELAYED BY WEEKS ORMONTHS BEYOND THE SCHEDULED CLOSING DATE BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER PACIFIC COMMUNITIES BUILDER, INC(CONTRACTOR"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROMANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, rent PAYMENTS, MOWING costs, AND INTERESTRATE chANGES, ARISING FROM or relATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAYTHE RISK OF WHICHBUYER HEREBY EXPRESSLY ASSUMESBUYER's releASE, INDEMNITY AND ASSUMPTION OF RISKUNDER THIS PARAGRAPHSHALLSURVIVECLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT.? We trust that this matter is now resolved.? Of course, we want [redacted] t to be a fully satisfied customer.? Please let him know that he is welcome to contact Ms [redacted] , our VP of Sales? (***? or? [redacted] or me (my contact info follows below) if he has any further questions or concerns.? ? Please reply to confirm receipt of this email.? Thank you for your assistance with this matter.? ? Regards,? ***? ? ? [redacted]
Pacific Communities (on behalf of the seller, MEF Homes, LLC) permitted Mr*** to cancel his purchase of the new home in question because he had been unable to sell his existing home. However, certain optional items (e.g., upgraded cabinets and countertops) had already been installed in
the new home. Mr*** and the Seller agreed that a portion of his deposit ($6,469) would be returned immediately upon the cancellation of escrow and the balance of his deposit ($5,295) would be retained by Seller as compensation for the installed options, provided that Seller would refund the deposit to Mr*** if Seller was able to re-sell the property for the same price (and thus recoup the value of the options). A copy of the escrow cancellation instructions are attached. Seller has continued to diligently market the property for sale. Unfortunately, the home has not sold. Seller nevertheless intends to honor the agreement set forth in the attached cancellation instructions and will notify Mr. *** when the property is sold. Mr*** is welcome to contact us directly (Pacific Communities, Attn: *** ***, 949.660.8988) if he has any further questions or concerns regarding this matter
This is in response to complaint #*** which we received via email 1/at 10:20pmThis email is the first notification we have received regarding this issue. Pacific Communities Builder Incis a new home builderWe have been in the building industry building new homes for 1/
years. This complain is from one of our homebuyers *** *** who is purchasing one of our new homes (*** *** at our *** *** in Moreno Valley. I have spoken to and corresponded via email with *** ***t numerous timesOur onsite Sales Representatives, *** *** and *** *** have also been in constant contact with *** ***t. Due to the increase of construction in the new home market, city inspectors, utility companies as well as our trade partners are taking longer than in the past to complete items needed to final a home ultimately resulting in getting a Certificate of occupancy. As I have explained to *** ***t we have absolutely no motivation to delay a close of escrowIt cost us every day an escrow is delayedOur sales agents do not get paid until the home closes escrowOur goal is to close as soon as possible with a home we can be proud to hand over to the buyer. The current status is that the gas meter will be installed 2/1/2017 and the buyers walk through is 1/24/The home has been signed off by the city and we are clear to close once the gas meter is installed. We admit this date is after the estimated date given *** ***t at time of contract however the date on the contract is merely an estimate and *** ***t is very aware as this has been explained to him many timesAt one point I offered to refund his complete deposit if he wished to cancel and purchase a home that was not under construction. Please see the highlighted portion below which details the section of our purchase agreement, which he has signed, I have referenced. Please let me know if you need more detail or if there is anything else we can do to clear this claim. CLOSE OF ESCROW. Escrow shall close on the later of (i) the Scheduled Closing Date or (ii) two (2) days after the Property is completed and ready for occupancy and after approval of the appropriate governmental authority permitting occupancy. BUYER NEVERTHELESS AGREES THAT ESCROW MAY, AT SELLER’S SOLE OPTION, CLOSE EARLIER THAN THE SCHEDULED CLOSING DATE UPON TEN (10) DAYS NOTICE TO BUYER FROM SELLER THAT THE PROPERTY IS, OR WITHIN TEN (10) DAYS WILL BE, COMPLETED AND READY FOR OCCUPANCY, PROVIDED THAT THE LOAN CONTINGENCY, IF APPLICABLE, HAS BEEN REMOVED, IN WRITING, BY BUYER, AND FURTHER PROVIDED THAT AT THE TIME OF CLOSING SELLER HAS RECORDED OR WILL RECORD A NOTICE OF COMPLETION WITH THE COUNTY RECORDER OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED. If Buyer fails to timely close Escrow as required under this Section, Buyer shall be in Default within the meaning and effect of Section (Buyer’s Default) of this Agreement. If Seller, in Seller’s sole and absolute discretion, elects to proceed with the sale of the Property to Buyer notwithstanding Buyer’s failure to timely close Escrow, Buyer agrees to pay Seller at the Close of Escrow an extension fee in an amount equal to Two Hundred Dollars ($200.00) per calendar day from the closing deadline under this Section until the Close of Escrow (“Extension Fee”). Escrow Holder is hereby authorized to collect from Buyer and credit Seller with any such Extension Fee as part of the Buyer Closing Costs. Any Extension Fee paid by Buyer under this Section shall be deemed fully earned by Seller when paid by Buyer and shall not be applied to the Total Purchase Price but shall be separate consideration to Seller for Seller's agreement to extend the date for the Close of Escrow If Escrow does not close within one (1) year after the Effective Date, through no fault or Default of the Buyer, then within days thereafter, either Seller or Buyer may cancel this Agreement by serving written notice of cancellation on the other party and Escrow Holder in the manner prescribed by Section 32E (Notices) below. If either Seller or Buyer elects to cancel this Agreement pursuant to the preceding sentence, all of Buyer’s deposits shall be refunded to Buyer within fifteen (15) days of receipt of the notice of cancellation, Seller shall pay all escrow cancellation charges, Seller shall have no further obligation to sell the Property to Buyer, each Party shall be deemed to have released the other of and from all obligations arising under this Agreement, and Seller shall be free to resell the Property. BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER’S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROW MAY BE DELAYED BY WEEKS OR MONTHS BEYOND THE SCHEDULED CLOSING DATE. BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER, PACIFIC COMMUNITIES BUILDER, INC(“CONTRACTOR”), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROM ANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, RENT PAYMENTS, MOVING COSTS, AND INTEREST RATE CHANGES, ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAY, THE RISK OF WHICH BUYER HEREBY EXPRESSLY ASSUMES. BUYER’S RELEASE, INDEMNITY AND ASSUMPTION OF RISK UNDER THIS PARAGRAPH SHALL SURVIVE CLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT. Best Regards, *** ***V.PSales & MarketingPacific Communities Builder IncDove StSuite 300Newport Beach, Ca92660(949) 660-X ***(949) 302-5940 cellLic #
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
[My complaint has not been satisfied by the businessAs I mentioned the before the Pacific Builder Community provides misleading and information about this issueI was not offered a complete refund at no pointI was offered $as a deposit refund and never given the option to purchase another home that was not under contruction, the deposit amount was only $and the rest of the money was considered deposit for an upgrade. The problem I had with that offer was the amount of money Pacific Builder received from me was $11,They call it upgrade for options in which I was told was non-refundable in any situation. As per contract I signed May 8, was not completely express to you by the builder*** *** cut and paste only the part beneficial to her company, so here is another part of the contract she left out ( No reliance shall be placed on any stated completed/delivery date unless/untill the sales staff confirm that a given compltetion date is final and fixed)Email dated 10/25/@ 4:PM from Pacific Willow teams provides that detail of a completion date to be executed no later than Escrow date of 30 December 2016. I can provide emial from builder upon request.I relied on the sales team and Pacific Builder to provide me with accurate informationI asked that this builder make true to their contractThe amendment for Extension of Closing date expired for December I was given numerous of reason why the home was'nt completed and none of those reasons was not due to construction shortfallsIn january 2017 I was asked to sign and additon amendmnet for extension after the sales office told me they would be in breach of contract
Regards,
*** ***
Request #1 On 03/22/16 - Mr* *** submitted the attached request for service with (3) issues (HVAC, Front Elevation and Bathroom Tub).The request was forwarded to our field rep so he can schedule a appointment with Mr***. Our field rep left Mr* *** various
voicemails to please contact him back so we can inspect his pending issues.No call back. As of today 05/10/16Ø HVAC issue was completed 04/22/16Ø Front Elevation - We will schedule with the painter.Ø Bathroom Tub issue - Appointment was set for 05/05/but Mr* *** had to cancel due to personal matters. Request # 2 On 04/26/16 - Mr* *** submitted another request saying he was having water damage in his laundry room ceiling(see request attached)Again the request was forwarded to our field rep so he can schedule a appointment with Mr***. After several attempts calling Mr***, On 05/03/16 - I emailed him with our field rep cell phone number if he can contact our field rep at his earliest convenience. 05/09/16 - I called Mr* *** to follow up and see if he had able to contact our field rep regarding his pending items.He said he been really busy dealing with personal matters and had not had time to schedule with our field rep. I told him if was okay for today (05/09/16) to swing by and inspect the laundry room ceiling issueHe said yes, therefore we were there that same afternoon.Next step is for our Drywall Contractor and Mr* *** agree on a date to fix the drywall. Any questions please give me a call/email. Thanks,*** ***PACIFIC COMMUNITIES BUILDER, INCDove Street, Suite 300Newport Beach, CA 92660Tel: 949-660-8988 ext. ***
This is in response to complaint #*** which we received via email 1/at 10:20pmThis email is the first notification we have received regarding this issue. Pacific Communities Builder Incis a new home builderWe have been in the building industry building new homes for 1/
years. This complain is from one of our homebuyers *** *** who is purchasing one of our new homes (*** *** at our *** *** in Moreno Valley. I have spoken to and corresponded via email with *** ***t numerous timesOur onsite Sales Representatives, *** *** and *** *** have also been in constant contact with *** ***t. Due to the increase of construction in the new home market, city inspectors, utility companies as well as our trade partners are taking longer than in the past to complete items needed to final a home ultimately resulting in getting a Certificate of occupancy. As I have explained to *** ***t we have absolutely no motivation to delay a close of escrowIt cost us every day an escrow is delayedOur sales agents do not get paid until the home closes escrowOur goal is to close as soon as possible with a home we can be proud to hand over to the buyer. The current status is that the gas meter will be installed 2/1/2017 and the buyers walk through is 1/24/The home has been signed off by the city and we are clear to close once the gas meter is installed. We admit this date is after the estimated date given *** ***t at time of contract however the date on the contract is merely an estimate and *** ***t is very aware as this has been explained to him many timesAt one point I offered to refund his complete deposit if he wished to cancel and purchase a home that was not under construction. Please see the highlighted portion below which details the section of our purchase agreement, which he has signed, I have referenced. Please let me know if you need more detail or if there is anything else we can do to clear this claim. CLOSE OF ESCROW. Escrow shall close on the later of (i) the Scheduled Closing Date or (ii) two (2) days after the Property is completed and ready for occupancy and after approval of the appropriate governmental authority permitting occupancy. BUYER NEVERTHELESS AGREES THAT ESCROW MAY, AT SELLER’S SOLE OPTION, CLOSE EARLIER THAN THE SCHEDULED CLOSING DATE UPON TEN (10) DAYS NOTICE TO BUYER FROM SELLER THAT THE PROPERTY IS, OR WITHIN TEN (10) DAYS WILL BE, COMPLETED AND READY FOR OCCUPANCY, PROVIDED THAT THE LOAN CONTINGENCY, IF APPLICABLE, HAS BEEN REMOVED, IN WRITING, BY BUYER, AND FURTHER PROVIDED THAT AT THE TIME OF CLOSING SELLER HAS RECORDED OR WILL RECORD A NOTICE OF COMPLETION WITH THE COUNTY RECORDER OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED. If Buyer fails to timely close Escrow as required under this Section, Buyer shall be in Default within the meaning and effect of Section (Buyer’s Default) of this Agreement. If Seller, in Seller’s sole and absolute discretion, elects to proceed with the sale of the Property to Buyer notwithstanding Buyer’s failure to timely close Escrow, Buyer agrees to pay Seller at the Close of Escrow an extension fee in an amount equal to Two Hundred Dollars ($200.00) per calendar day from the closing deadline under this Section until the Close of Escrow (“Extension Fee”). Escrow Holder is hereby authorized to collect from Buyer and credit Seller with any such Extension Fee as part of the Buyer Closing Costs. Any Extension Fee paid by Buyer under this Section shall be deemed fully earned by Seller when paid by Buyer and shall not be applied to the Total Purchase Price but shall be separate consideration to Seller for Seller's agreement to extend the date for the Close of Escrow If Escrow does not close within one (1) year after the Effective Date, through no fault or Default of the Buyer, then within days thereafter, either Seller or Buyer may cancel this Agreement by serving written notice of cancellation on the other party and Escrow Holder in the manner prescribed by Section 32E (Notices) below. If either Seller or Buyer elects to cancel this Agreement pursuant to the preceding sentence, all of Buyer’s deposits shall be refunded to Buyer within fifteen (15) days of receipt of the notice of cancellation, Seller shall pay all escrow cancellation charges, Seller shall have no further obligation to sell the Property to Buyer, each Party shall be deemed to have released the other of and from all obligations arising under this Agreement, and Seller shall be free to resell the Property. BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER’S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROW MAY BE DELAYED BY WEEKS OR MONTHS BEYOND THE SCHEDULED CLOSING DATE. BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER, PACIFIC COMMUNITIES BUILDER, INC(“CONTRACTOR”), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROM ANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, RENT PAYMENTS, MOVING COSTS, AND INTEREST RATE CHANGES, ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAY, THE RISK OF WHICH BUYER HEREBY EXPRESSLY ASSUMES. BUYER’S RELEASE, INDEMNITY AND ASSUMPTION OF RISK UNDER THIS PARAGRAPH SHALL SURVIVE CLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT. Best Regards, *** ***V.PSales & MarketingPacific Communities Builder IncDove StSuite 300Newport Beach, Ca92660(949) 660-X ***(949) 302-5940 cellLic #
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
THIS IS A FOLLOW UP COMPLAINT THAT WAS SUBMITTED TO Revdex.com ON JUNE 27, THE DESIRED RESOLUTION WAS TO RETURN OUR FAMILIES MONIES THAT WERE DEPOSITED FOR UPGRADE ON A PROPERTY SOLD BY PACIFIC COMMUNITIES BUILDER IN MENEIFEE, CA ON MAY 22, IT IS NOW ONE YEAR AND ALMOST THREE MONTHS AND OUR $HAS STILL NOT BEEN RETURNEDONCE AGAIN THIS AGREEMENT WAS AGREED UPON WITH THE V.POF SALES AND MY FAMILYCOMMON PRACTICE IS ANY AND ALL UPGRADES ARE AUTOMATICALLY PASSED TO THE NEW PURCHASER OF THE HOME SO THEREFORE A REFUND SHOULD AUTOMATICALLY BE RETURNEDI SAY AGAIN IT IS NOT FAIR PRACTICE TO RETAIN A CUSTOMERS DEPOSIT BECAUSE THE COMPANY HAS NOT SOLD THE PROPERTYI WISH ANYONE THAT PURCHASES FROM THIS COMPANY IN THE FUTURE BEWAREBE CAREFUL OF HOW DATES CHANGE OFTEN AND BRIEFS OCCUR ABOUT VITAL INFORMATION WHEN THEY DEEM IT NECESSARY IT IS VERY DISAPPOINTING FOR A COMPANY THAT SUPPOSEDLY HAS A GOOD REPUTATION WOULD CHOSE TO DO THIS AS IF THEY NEED A RETIRED MILITARY VETERAN THAT HAS FOUGHT IN TWO WARS MONEYFOR SHAMEI DESIRE THAT A CHECK FOR THE AMOUNT OF $BE MAILED TO MY ADDRESSTHIS IS BEYOND RIDICULOUS NOWNOW, YOU ARE HOLDING MY DEPOSIT HOSTAGEI'M ALSO REQUESTING INTEREST BE ADDED EACH MONTH TIL THE DAY IT IS RECEIVED BY METHE PRESIDENT OF PACIFIC COMMUNITIES BUILDER SHOULD REALLY BE ASHAMED OF HIMSELFHOW DO YOU SLEEP AT NIGHT?
Regards,
*** ***
Revdex.com:
I have reviewed the? response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below
[My complaint has not been satisfied by the businessAs I mentioned the before the Pacific Builder Community provides misleading and information about this issueI was not offered a complete refund at no pointI was offered $as a deposit refund and never given the option to purchase another home that was not under contruction, the deposit amount was only? $and the rest of the money was considered deposit for an upgrade.? The problem I had with that offer was the amount of money Pacific Builder received from me was $11,They call it upgrade for options in which I was told was non-refundable in any situation.? As per contract I signed May 8, was not completely express to you by the builder*** *** cut and paste only the part beneficial to her company, so here is another part of the contract she left out (? No reliance shall be placed on any stated completed/delivery date unless/untill the sales? staff confirm? that a given compltetion date is final and fixed)Email dated 10/25/@ 4:PM from? Pacific Willow teams provides that detail of a completion date to be executed no later than Escrow date of 30? December 2016.? I can provide emial from builder upon request.I relied on the sales team and Pacific Builder to provide me with accurate informationI asked that this builder make true to their contractThe amendment for Extension of Closing date expired for December I was given numerous of reason why the home was'nt completed and none of those reasons was not due to construction shortfallsIn january 2017? I was asked to sign and additon amendmnet for extension after the sales office told me they would be in breach of contract
Regards,
*** ***
Revdex.com:
I have reviewed the? response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below
THIS IS A FOLLOW UP COMPLAINT THAT WAS SUBMITTED TO Revdex.com ON JUNE 27, THE DESIRED RESOLUTION WAS TO RETURN OUR FAMILIES MONIES THAT WERE DEPOSITED FOR UPGRADE ON A PROPERTY SOLD BY PACIFIC COMMUNITIES BUILDER IN MENEIFEE, CA ON MAY 22, IT IS NOW ONE YEAR AND ALMOST THREE MONTHS AND OUR $HAS STILL NOT BEEN RETURNEDONCE AGAIN THIS AGREEMENT WAS AGREED UPON WITH THE V.POF SALES AND MY FAMILYCOMMON PRACTICE IS ANY AND ALL UPGRADES ARE AUTOMATICALLY PASSED TO THE NEW PURCHASER OF THE HOME SO THEREFORE A REFUND SHOULD AUTOMATICALLY BE RETURNEDI SAY AGAIN IT IS NOT FAIR PRACTICE TO RETAIN A CUSTOMERS DEPOSIT BECAUSE THE COMPANY HAS NOT SOLD THE PROPERTYI WISH ANYONE THAT PURCHASES FROM THIS COMPANY IN THE FUTURE BEWAREBE CAREFUL OF HOW DATES CHANGE OFTEN AND BRIEFS OCCUR ABOUT VITAL INFORMATION WHEN THEY DEEM IT NECESSARY IT IS VERY DISAPPOINTING FOR A COMPANY THAT SUPPOSEDLY HAS A GOOD REPUTATION WOULD CHOSE TO DO THIS AS IF THEY NEED A RETIRED MILITARY VETERAN THAT HAS FOUGHT IN TWO WARS MONEYFOR SHAMEI DESIRE THAT A CHECK FOR THE AMOUNT OF $BE MAILED TO MY ADDRESSTHIS IS BEYOND RIDICULOUS NOWNOW, YOU ARE HOLDING MY DEPOSIT HOSTAGEI'M ALSO REQUESTING INTEREST BE ADDED EACH MONTH TIL THE DAY IT IS RECEIVED BY METHE PRESIDENT OF PACIFIC COMMUNITIES BUILDER SHOULD REALLY BE ASHAMED OF HIMSELFHOW DO YOU SLEEP AT NIGHT?
Regards,
*** ***
Dear *** ***? As we discussed, the customer, *** *** *** closed escrow on? February 2, 2017.? His deposit was applied to the purchase price of his new home per the terms of the purchase agreement that he signed.? ? For the record, Pacific Communities made every effort to deliver the completed home to *** ***t at the earliest possible date? Pacific Communities does not get paid unless and until escrow closes.? So there is absolutely no incentive for us to delay the closing.? Unfortunately, construction delays that are beyond our control do occur (e.g., delays by government agencies, delays by utility companies, inclement weather, etc.).? *** ***t acknowledged and assumed the risk of such delays in the purchase agreement he signed, which states:? BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER'S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROWMAYBE DELAYED BY WEEKS ORMONTHS BEYOND THE SCHEDULED CLOSING DATE BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER PACIFIC COMMUNITIES BUILDER, INC(CONTRACTOR"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROMANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, rent PAYMENTS, MOWING costs, AND INTERESTRATE chANGES, ARISING FROM or relATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAYTHE RISK OF WHICHBUYER HEREBY EXPRESSLY ASSUMESBUYER's releASE, INDEMNITY AND ASSUMPTION OF RISKUNDER THIS PARAGRAPHSHALLSURVIVECLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT.? We trust that this matter is now resolved.? Of course, we want *** ***t to be a fully satisfied customer.? Please let him know that he is welcome to contact Ms*** ***, our VP of Sales? (***? or? *** or me (my contact info follows below) if he has any further questions or concerns.? ? Please reply to confirm receipt of this email.? Thank you for your assistance with this matter.? ? Regards,? ***? ? ? *** ** ***
Dear [redacted] As we discussed, the customer, [redacted] closed escrow on February 2, 2017. His deposit was applied to the purchase price of his new home per the terms of the purchase agreement that he signed. For the record, Pacific Communities made every effort to deliver the completed home to [redacted]t at the earliest possible date. Pacific Communities does not get paid unless and until escrow closes. So there is absolutely no incentive for us to delay the closing. Unfortunately, construction delays that are beyond our control do occur (e.g., delays by government agencies, delays by utility companies, inclement weather, etc.). [redacted]t acknowledged and assumed the risk of such delays in the purchase agreement he signed, which states: BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER'S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROWMAYBE DELAYED BY WEEKS ORMONTHS BEYOND THE SCHEDULED CLOSING DATE BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER PACIFIC COMMUNITIES BUILDER, INC. (CONTRACTOR"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROMANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, rent PAYMENTS, MOWING costs, AND INTERESTRATE chANGES, ARISING FROM or relATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAY. THE RISK OF WHICHBUYER HEREBY EXPRESSLY ASSUMES.. BUYER's releASE, INDEMNITY AND ASSUMPTION OF RISKUNDER THIS PARAGRAPHSHALLSURVIVECLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT. We trust that this matter is now resolved. Of course, we want [redacted]t to be a fully satisfied customer. Please let him know that he is welcome to contact Ms. [redacted], our VP of Sales (949.660.8988 [redacted] or [redacted] or me (my contact info follows below) if he has any further questions or concerns. Please reply to confirm receipt of this email. Thank you for your assistance with this matter. Regards, [redacted] [redacted]
Pacific Communities (on behalf of the seller, MEF Homes, LLC) permitted Mr. [redacted] to cancel his purchase of the new home in question because he had been unable to sell his existing home. However, certain optional items (e.g., upgraded cabinets and countertops) had already been installed in...
the new home. Mr. [redacted] and the Seller agreed that a portion of his deposit ($6,469) would be returned immediately upon the cancellation of escrow and the balance of his deposit ($5,295) would be retained by Seller as compensation for the installed options, provided that Seller would refund the deposit to Mr. [redacted] if Seller was able to re-sell the property for the same price (and thus recoup the value of the options). A copy of the escrow cancellation instructions are attached. Seller has continued to diligently market the property for sale. Unfortunately, the home has not sold. Seller nevertheless intends to honor the agreement set forth in the attached cancellation instructions and will notify Mr. [redacted] when the property is sold. Mr. [redacted] is welcome to contact us directly (Pacific Communities, Attn: [redacted], 949.660.8988) if he has any further questions or concerns regarding this matter.
Request #1 On 03/22/16 - Mr[redacted] submitted the attached request for service with (3) issues (HVAC, Front Elevation and Bathroom Tub).The request was forwarded to our field rep so he can schedule a appointment with Mr. [redacted]. Our field rep left Mr[redacted] various...
voicemails to please contact him back so we can inspect his pending issues.No call back. As of today 05/10/16Ø HVAC issue was completed 04/22/16Ø Front Elevation - We will schedule with the painter.Ø Bathroom Tub issue - Appointment was set for 05/05/16 but Mr[redacted] had to cancel due to personal matters. Request # 2 On 04/26/16 - Mr[redacted] submitted another request saying he was having water damage in his laundry room ceiling. (see request attached)Again the request was forwarded to our field rep so he can schedule a appointment with Mr. [redacted]. After several attempts calling Mr. [redacted], On 05/03/16 - I emailed him with our field rep cell phone number if he can contact our field rep at his earliest convenience. 05/09/16 - I called Mr[redacted] to follow up and see if he had able to contact our field rep regarding his pending items.He said he been really busy dealing with personal matters and had not had time to schedule with our field rep. I told him if was okay for today (05/09/16) to swing by and inspect the laundry room ceiling issue. He said yes, therefore we were there that same afternoon.Next step is for our Drywall Contractor and Mr[redacted] agree on a date to fix the drywall. Any questions please give me a call/email. Thanks,[redacted]PACIFIC COMMUNITIES BUILDER, INC.1000 Dove Street, Suite 300Newport Beach, CA 92660Tel: 949-660-8988 ext. [redacted] <-- New ExtensionFax: 949-660-8866
Request #1? On 03/22/16? - Mr [redacted] submitted the attached request for service with (3) issues? (HVAC, Front Elevation and Bathroom Tub).The request was forwarded to our field rep so he can schedule a appointment with Mr [redacted] .? Our field rep left Mr [redacted] various voicemails to please contact him back so we can inspect his pending issues.No call back.? As of today 05/10/16Ø? ? HVAC issue was completed 04/22/16Ø? ? Front Elevation - We will schedule with the painter.Ø? ? Bathroom Tub issue - Appointment was set for 05/05/but Mr [redacted] had to cancel due to personal matters.? ? Request # 2? On 04/26/16? - Mr [redacted] submitted another request saying he was having water damage in his laundry room ceiling(see request attached)Again the request was forwarded to our field rep so he can schedule a appointment with Mr [redacted] .? After several attempts calling Mr [redacted] ,? On 05/03/16? - I emailed him with our field rep cell phone number if he can contact our field rep at his earliest convenience.? 05/09/16? - I called Mr [redacted] to follow up and see if he had able to contact our field rep regarding his pending items.He said he been really busy dealing with personal matters and had not had time to schedule with our field rep.? I told him if was okay for today (05/09/16) to swing by and inspect the laundry room ceiling issueHe said yes, therefore we were there that same afternoon.Next step is for our Drywall Contractor and Mr [redacted] agree on a date to fix the drywall.? Any questions please give me a call/email.? ? Thanks, [redacted] PACIFIC COMMUNITIES BUILDER, INCDove Street, Suite 300Newport Beach, CA 92660Tel:? 949-660-8988? ext.? [redacted]
Pacific Communities (on behalf of the seller, MEF Homes, LLC) permitted Mr [redacted] to cancel his purchase of the new home in question because he had been unable to sell his existing home However, certain optional items (e.g., upgraded cabinets and countertops) had already been installed in the new home Mr [redacted] and the Seller agreed that a portion of his deposit ($6,469) would be returned immediately upon the cancellation of escrow and the balance of his deposit ($5,295) would be retained by Seller as compensation for the installed options, provided that Seller would refund the deposit to Mr [redacted] if Seller was able to re-sell the property for the same price (and thus recoup the value of the options) A copy of the escrow cancellation instructions are attached Seller has continued to diligently market the property for sale Unfortunately, the home has not sold Seller nevertheless intends to honor the agreement set forth in the attached cancellation instructions and will notify Mr [redacted] when the property is sold Mr [redacted] is welcome to contact us directly (Pacific Communities, Attn: [redacted] , 949.660.8988) if he has any further questions or concerns regarding this matter
Dear [redacted] As we discussed, the customer, [redacted] closed escrow on February 2, His deposit was applied to the purchase price of his new home per the terms of the purchase agreement that he signed For the record, Pacific Communities made every effort to deliver the completed home to [redacted] t at the earliest possible date Pacific Communities does not get paid unless and until escrow closes So there is absolutely no incentive for us to delay the closing Unfortunately, construction delays that are beyond our control do occur (e.g., delays by government agencies, delays by utility companies, inclement weather, etc.) [redacted] t acknowledged and assumed the risk of such delays in the purchase agreement he signed, which states: BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER'S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROWMAYBE DELAYED BY WEEKS ORMONTHS BEYOND THE SCHEDULED CLOSING DATE BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER PACIFIC COMMUNITIES BUILDER, INC(CONTRACTOR"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROMANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, rent PAYMENTS, MOWING costs, AND INTERESTRATE chANGES, ARISING FROM or relATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAYTHE RISK OF WHICHBUYER HEREBY EXPRESSLY ASSUMESBUYER's releASE, INDEMNITY AND ASSUMPTION OF RISKUNDER THIS PARAGRAPHSHALLSURVIVECLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENTWe trust that this matter is now resolved Of course, we want [redacted] t to be a fully satisfied customer Please let him know that he is welcome to contact Ms [redacted] , our VP of Sales (*** or [redacted] or me (my contact info follows below) if he has any further questions or concerns Please reply to confirm receipt of this email Thank you for your assistance with this matter Regards, *** [redacted]
Revdex.com: I have reviewed the? response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below THIS IS A FOLLOW UP COMPLAINT THAT WAS SUBMITTED TO Revdex.com ON JUNE 27, THE DESIRED RESOLUTION WAS TO RETURN OUR FAMILIES MONIES THAT WERE DEPOSITED FOR UPGRADE ON A PROPERTY SOLD BY PACIFIC COMMUNITIES BUILDER IN MENEIFEE, CA ON MAY 22, IT IS NOW ONE YEAR AND ALMOST THREE MONTHS AND OUR $HAS STILL NOT BEEN RETURNEDONCE AGAIN THIS AGREEMENT WAS AGREED UPON WITH THE V.POF SALES AND MY FAMILYCOMMON PRACTICE IS ANY AND ALL UPGRADES ARE AUTOMATICALLY PASSED TO THE NEW PURCHASER OF THE HOME SO THEREFORE A REFUND SHOULD AUTOMATICALLY BE RETURNEDI SAY AGAIN IT IS NOT FAIR PRACTICE TO RETAIN A CUSTOMERS DEPOSIT BECAUSE THE COMPANY HAS NOT SOLD THE PROPERTYI WISH ANYONE THAT PURCHASES FROM THIS COMPANY IN THE FUTURE BEWAREBE CAREFUL OF HOW DATES CHANGE OFTEN AND BRIEFS OCCUR ABOUT VITAL INFORMATION WHEN THEY DEEM IT NECESSARY IT IS VERY DISAPPOINTING FOR A COMPANY THAT SUPPOSEDLY HAS A GOOD REPUTATION WOULD CHOSE TO DO THIS AS IF THEY NEED A RETIRED MILITARY VETERAN THAT HAS FOUGHT IN TWO WARS MONEYFOR SHAMEI DESIRE THAT A CHECK FOR THE AMOUNT OF $BE MAILED TO MY ADDRESSTHIS IS BEYOND RIDICULOUS NOWNOW, YOU ARE HOLDING MY DEPOSIT HOSTAGEI'M ALSO REQUESTING INTEREST BE ADDED EACH MONTH TIL THE DAY IT IS RECEIVED BY METHE PRESIDENT OF PACIFIC COMMUNITIES BUILDER SHOULD REALLY BE ASHAMED OF HIMSELFHOW DO YOU SLEEP AT NIGHT? Regards, [redacted]
Revdex.com: I have reviewed the? response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below [My complaint has not been satisfied by the businessAs I mentioned the before the Pacific Builder Community provides misleading and information about this issueI was not offered a complete refund at no pointI was offered $as a deposit refund and never given the option to purchase another home that was not under contruction, the deposit amount was only? $and the rest of the money was considered deposit for an upgrade.? The problem I had with that offer was the amount of money Pacific Builder received from me was $11,They call it upgrade for options in which I was told was non-refundable in any situation.? As per contract I signed May 8, was not completely express to you by the builder [redacted] cut and paste only the part beneficial to her company, so here is another part of the contract she left out (? No reliance shall be placed on any stated completed/delivery date unless/untill the sales? staff confirm? that a given compltetion date is final and fixed)Email dated 10/25/@ 4:PM from? Pacific Willow teams provides that detail of a completion date to be executed no later than Escrow date of 30? December 2016.? I can provide emial from builder upon request.I relied on the sales team and Pacific Builder to provide me with accurate informationI asked that this builder make true to their contractThe amendment for Extension of Closing date expired for December I was given numerous of reason why the home was'nt completed and none of those reasons was not due to construction shortfallsIn january 2017? I was asked to sign and additon amendmnet for extension after the sales office told me they would be in breach of contract Regards, [redacted]
Dear [redacted] ? As we discussed, the customer, [redacted] closed escrow on? February 2, 2017.? His deposit was applied to the purchase price of his new home per the terms of the purchase agreement that he signed.? ? For the record, Pacific Communities made every effort to deliver the completed home to [redacted] t at the earliest possible date? Pacific Communities does not get paid unless and until escrow closes.? So there is absolutely no incentive for us to delay the closing.? Unfortunately, construction delays that are beyond our control do occur (e.g., delays by government agencies, delays by utility companies, inclement weather, etc.).? [redacted] t acknowledged and assumed the risk of such delays in the purchase agreement he signed, which states:? BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER'S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROWMAYBE DELAYED BY WEEKS ORMONTHS BEYOND THE SCHEDULED CLOSING DATE BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER PACIFIC COMMUNITIES BUILDER, INC(CONTRACTOR"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROMANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, rent PAYMENTS, MOWING costs, AND INTERESTRATE chANGES, ARISING FROM or relATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAYTHE RISK OF WHICHBUYER HEREBY EXPRESSLY ASSUMESBUYER's releASE, INDEMNITY AND ASSUMPTION OF RISKUNDER THIS PARAGRAPHSHALLSURVIVECLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT.? We trust that this matter is now resolved.? Of course, we want [redacted] t to be a fully satisfied customer.? Please let him know that he is welcome to contact Ms [redacted] , our VP of Sales? (***? or? [redacted] or me (my contact info follows below) if he has any further questions or concerns.? ? Please reply to confirm receipt of this email.? Thank you for your assistance with this matter.? ? Regards,? ***? ? ? [redacted]
Pacific Communities (on behalf of the seller, MEF Homes, LLC) permitted Mr*** to cancel his purchase of the new home in question because he had been unable to sell his existing home. However, certain optional items (e.g., upgraded cabinets and countertops) had already been installed in
the new home. Mr*** and the Seller agreed that a portion of his deposit ($6,469) would be returned immediately upon the cancellation of escrow and the balance of his deposit ($5,295) would be retained by Seller as compensation for the installed options, provided that Seller would refund the deposit to Mr*** if Seller was able to re-sell the property for the same price (and thus recoup the value of the options). A copy of the escrow cancellation instructions are attached. Seller has continued to diligently market the property for sale. Unfortunately, the home has not sold. Seller nevertheless intends to honor the agreement set forth in the attached cancellation instructions and will notify Mr. *** when the property is sold. Mr*** is welcome to contact us directly (Pacific Communities, Attn: *** ***, 949.660.8988) if he has any further questions or concerns regarding this matter
This is in response to complaint #*** which we received via email 1/at 10:20pmThis email is the first notification we have received regarding this issue. Pacific Communities Builder Incis a new home builderWe have been in the building industry building new homes for 1/
years. This complain is from one of our homebuyers *** *** who is purchasing one of our new homes (*** *** at our *** *** in Moreno Valley. I have spoken to and corresponded via email with *** ***t numerous timesOur onsite Sales Representatives, *** *** and *** *** have also been in constant contact with *** ***t. Due to the increase of construction in the new home market, city inspectors, utility companies as well as our trade partners are taking longer than in the past to complete items needed to final a home ultimately resulting in getting a Certificate of occupancy. As I have explained to *** ***t we have absolutely no motivation to delay a close of escrowIt cost us every day an escrow is delayedOur sales agents do not get paid until the home closes escrowOur goal is to close as soon as possible with a home we can be proud to hand over to the buyer. The current status is that the gas meter will be installed 2/1/2017 and the buyers walk through is 1/24/The home has been signed off by the city and we are clear to close once the gas meter is installed. We admit this date is after the estimated date given *** ***t at time of contract however the date on the contract is merely an estimate and *** ***t is very aware as this has been explained to him many timesAt one point I offered to refund his complete deposit if he wished to cancel and purchase a home that was not under construction. Please see the highlighted portion below which details the section of our purchase agreement, which he has signed, I have referenced. Please let me know if you need more detail or if there is anything else we can do to clear this claim. CLOSE OF ESCROW. Escrow shall close on the later of (i) the Scheduled Closing Date or (ii) two (2) days after the Property is completed and ready for occupancy and after approval of the appropriate governmental authority permitting occupancy. BUYER NEVERTHELESS AGREES THAT ESCROW MAY, AT SELLER’S SOLE OPTION, CLOSE EARLIER THAN THE SCHEDULED CLOSING DATE UPON TEN (10) DAYS NOTICE TO BUYER FROM SELLER THAT THE PROPERTY IS, OR WITHIN TEN (10) DAYS WILL BE, COMPLETED AND READY FOR OCCUPANCY, PROVIDED THAT THE LOAN CONTINGENCY, IF APPLICABLE, HAS BEEN REMOVED, IN WRITING, BY BUYER, AND FURTHER PROVIDED THAT AT THE TIME OF CLOSING SELLER HAS RECORDED OR WILL RECORD A NOTICE OF COMPLETION WITH THE COUNTY RECORDER OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED. If Buyer fails to timely close Escrow as required under this Section, Buyer shall be in Default within the meaning and effect of Section (Buyer’s Default) of this Agreement. If Seller, in Seller’s sole and absolute discretion, elects to proceed with the sale of the Property to Buyer notwithstanding Buyer’s failure to timely close Escrow, Buyer agrees to pay Seller at the Close of Escrow an extension fee in an amount equal to Two Hundred Dollars ($200.00) per calendar day from the closing deadline under this Section until the Close of Escrow (“Extension Fee”). Escrow Holder is hereby authorized to collect from Buyer and credit Seller with any such Extension Fee as part of the Buyer Closing Costs. Any Extension Fee paid by Buyer under this Section shall be deemed fully earned by Seller when paid by Buyer and shall not be applied to the Total Purchase Price but shall be separate consideration to Seller for Seller's agreement to extend the date for the Close of Escrow If Escrow does not close within one (1) year after the Effective Date, through no fault or Default of the Buyer, then within days thereafter, either Seller or Buyer may cancel this Agreement by serving written notice of cancellation on the other party and Escrow Holder in the manner prescribed by Section 32E (Notices) below. If either Seller or Buyer elects to cancel this Agreement pursuant to the preceding sentence, all of Buyer’s deposits shall be refunded to Buyer within fifteen (15) days of receipt of the notice of cancellation, Seller shall pay all escrow cancellation charges, Seller shall have no further obligation to sell the Property to Buyer, each Party shall be deemed to have released the other of and from all obligations arising under this Agreement, and Seller shall be free to resell the Property. BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER’S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROW MAY BE DELAYED BY WEEKS OR MONTHS BEYOND THE SCHEDULED CLOSING DATE. BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER, PACIFIC COMMUNITIES BUILDER, INC(“CONTRACTOR”), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROM ANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, RENT PAYMENTS, MOVING COSTS, AND INTEREST RATE CHANGES, ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAY, THE RISK OF WHICH BUYER HEREBY EXPRESSLY ASSUMES. BUYER’S RELEASE, INDEMNITY AND ASSUMPTION OF RISK UNDER THIS PARAGRAPH SHALL SURVIVE CLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT. Best Regards, *** ***V.PSales & MarketingPacific Communities Builder IncDove StSuite 300Newport Beach, Ca92660(949) 660-X ***(949) 302-5940 cellLic #
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
[My complaint has not been satisfied by the businessAs I mentioned the before the Pacific Builder Community provides misleading and information about this issueI was not offered a complete refund at no pointI was offered $as a deposit refund and never given the option to purchase another home that was not under contruction, the deposit amount was only $and the rest of the money was considered deposit for an upgrade. The problem I had with that offer was the amount of money Pacific Builder received from me was $11,They call it upgrade for options in which I was told was non-refundable in any situation. As per contract I signed May 8, was not completely express to you by the builder*** *** cut and paste only the part beneficial to her company, so here is another part of the contract she left out ( No reliance shall be placed on any stated completed/delivery date unless/untill the sales staff confirm that a given compltetion date is final and fixed)Email dated 10/25/@ 4:PM from Pacific Willow teams provides that detail of a completion date to be executed no later than Escrow date of 30 December 2016. I can provide emial from builder upon request.I relied on the sales team and Pacific Builder to provide me with accurate informationI asked that this builder make true to their contractThe amendment for Extension of Closing date expired for December I was given numerous of reason why the home was'nt completed and none of those reasons was not due to construction shortfallsIn january 2017 I was asked to sign and additon amendmnet for extension after the sales office told me they would be in breach of contract
Regards,
*** ***
Request #1 On 03/22/16 - Mr* *** submitted the attached request for service with (3) issues (HVAC, Front Elevation and Bathroom Tub).The request was forwarded to our field rep so he can schedule a appointment with Mr***. Our field rep left Mr* *** various
voicemails to please contact him back so we can inspect his pending issues.No call back. As of today 05/10/16Ø HVAC issue was completed 04/22/16Ø Front Elevation - We will schedule with the painter.Ø Bathroom Tub issue - Appointment was set for 05/05/but Mr* *** had to cancel due to personal matters. Request # 2 On 04/26/16 - Mr* *** submitted another request saying he was having water damage in his laundry room ceiling(see request attached)Again the request was forwarded to our field rep so he can schedule a appointment with Mr***. After several attempts calling Mr***, On 05/03/16 - I emailed him with our field rep cell phone number if he can contact our field rep at his earliest convenience. 05/09/16 - I called Mr* *** to follow up and see if he had able to contact our field rep regarding his pending items.He said he been really busy dealing with personal matters and had not had time to schedule with our field rep. I told him if was okay for today (05/09/16) to swing by and inspect the laundry room ceiling issueHe said yes, therefore we were there that same afternoon.Next step is for our Drywall Contractor and Mr* *** agree on a date to fix the drywall. Any questions please give me a call/email. Thanks,*** ***PACIFIC COMMUNITIES BUILDER, INCDove Street, Suite 300Newport Beach, CA 92660Tel: 949-660-8988 ext. ***
This is in response to complaint #*** which we received via email 1/at 10:20pmThis email is the first notification we have received regarding this issue. Pacific Communities Builder Incis a new home builderWe have been in the building industry building new homes for 1/
years. This complain is from one of our homebuyers *** *** who is purchasing one of our new homes (*** *** at our *** *** in Moreno Valley. I have spoken to and corresponded via email with *** ***t numerous timesOur onsite Sales Representatives, *** *** and *** *** have also been in constant contact with *** ***t. Due to the increase of construction in the new home market, city inspectors, utility companies as well as our trade partners are taking longer than in the past to complete items needed to final a home ultimately resulting in getting a Certificate of occupancy. As I have explained to *** ***t we have absolutely no motivation to delay a close of escrowIt cost us every day an escrow is delayedOur sales agents do not get paid until the home closes escrowOur goal is to close as soon as possible with a home we can be proud to hand over to the buyer. The current status is that the gas meter will be installed 2/1/2017 and the buyers walk through is 1/24/The home has been signed off by the city and we are clear to close once the gas meter is installed. We admit this date is after the estimated date given *** ***t at time of contract however the date on the contract is merely an estimate and *** ***t is very aware as this has been explained to him many timesAt one point I offered to refund his complete deposit if he wished to cancel and purchase a home that was not under construction. Please see the highlighted portion below which details the section of our purchase agreement, which he has signed, I have referenced. Please let me know if you need more detail or if there is anything else we can do to clear this claim. CLOSE OF ESCROW. Escrow shall close on the later of (i) the Scheduled Closing Date or (ii) two (2) days after the Property is completed and ready for occupancy and after approval of the appropriate governmental authority permitting occupancy. BUYER NEVERTHELESS AGREES THAT ESCROW MAY, AT SELLER’S SOLE OPTION, CLOSE EARLIER THAN THE SCHEDULED CLOSING DATE UPON TEN (10) DAYS NOTICE TO BUYER FROM SELLER THAT THE PROPERTY IS, OR WITHIN TEN (10) DAYS WILL BE, COMPLETED AND READY FOR OCCUPANCY, PROVIDED THAT THE LOAN CONTINGENCY, IF APPLICABLE, HAS BEEN REMOVED, IN WRITING, BY BUYER, AND FURTHER PROVIDED THAT AT THE TIME OF CLOSING SELLER HAS RECORDED OR WILL RECORD A NOTICE OF COMPLETION WITH THE COUNTY RECORDER OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED. If Buyer fails to timely close Escrow as required under this Section, Buyer shall be in Default within the meaning and effect of Section (Buyer’s Default) of this Agreement. If Seller, in Seller’s sole and absolute discretion, elects to proceed with the sale of the Property to Buyer notwithstanding Buyer’s failure to timely close Escrow, Buyer agrees to pay Seller at the Close of Escrow an extension fee in an amount equal to Two Hundred Dollars ($200.00) per calendar day from the closing deadline under this Section until the Close of Escrow (“Extension Fee”). Escrow Holder is hereby authorized to collect from Buyer and credit Seller with any such Extension Fee as part of the Buyer Closing Costs. Any Extension Fee paid by Buyer under this Section shall be deemed fully earned by Seller when paid by Buyer and shall not be applied to the Total Purchase Price but shall be separate consideration to Seller for Seller's agreement to extend the date for the Close of Escrow If Escrow does not close within one (1) year after the Effective Date, through no fault or Default of the Buyer, then within days thereafter, either Seller or Buyer may cancel this Agreement by serving written notice of cancellation on the other party and Escrow Holder in the manner prescribed by Section 32E (Notices) below. If either Seller or Buyer elects to cancel this Agreement pursuant to the preceding sentence, all of Buyer’s deposits shall be refunded to Buyer within fifteen (15) days of receipt of the notice of cancellation, Seller shall pay all escrow cancellation charges, Seller shall have no further obligation to sell the Property to Buyer, each Party shall be deemed to have released the other of and from all obligations arising under this Agreement, and Seller shall be free to resell the Property. BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER’S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROW MAY BE DELAYED BY WEEKS OR MONTHS BEYOND THE SCHEDULED CLOSING DATE. BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER, PACIFIC COMMUNITIES BUILDER, INC(“CONTRACTOR”), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROM ANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, RENT PAYMENTS, MOVING COSTS, AND INTEREST RATE CHANGES, ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAY, THE RISK OF WHICH BUYER HEREBY EXPRESSLY ASSUMES. BUYER’S RELEASE, INDEMNITY AND ASSUMPTION OF RISK UNDER THIS PARAGRAPH SHALL SURVIVE CLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT. Best Regards, *** ***V.PSales & MarketingPacific Communities Builder IncDove StSuite 300Newport Beach, Ca92660(949) 660-X ***(949) 302-5940 cellLic #
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
THIS IS A FOLLOW UP COMPLAINT THAT WAS SUBMITTED TO Revdex.com ON JUNE 27, THE DESIRED RESOLUTION WAS TO RETURN OUR FAMILIES MONIES THAT WERE DEPOSITED FOR UPGRADE ON A PROPERTY SOLD BY PACIFIC COMMUNITIES BUILDER IN MENEIFEE, CA ON MAY 22, IT IS NOW ONE YEAR AND ALMOST THREE MONTHS AND OUR $HAS STILL NOT BEEN RETURNEDONCE AGAIN THIS AGREEMENT WAS AGREED UPON WITH THE V.POF SALES AND MY FAMILYCOMMON PRACTICE IS ANY AND ALL UPGRADES ARE AUTOMATICALLY PASSED TO THE NEW PURCHASER OF THE HOME SO THEREFORE A REFUND SHOULD AUTOMATICALLY BE RETURNEDI SAY AGAIN IT IS NOT FAIR PRACTICE TO RETAIN A CUSTOMERS DEPOSIT BECAUSE THE COMPANY HAS NOT SOLD THE PROPERTYI WISH ANYONE THAT PURCHASES FROM THIS COMPANY IN THE FUTURE BEWAREBE CAREFUL OF HOW DATES CHANGE OFTEN AND BRIEFS OCCUR ABOUT VITAL INFORMATION WHEN THEY DEEM IT NECESSARY IT IS VERY DISAPPOINTING FOR A COMPANY THAT SUPPOSEDLY HAS A GOOD REPUTATION WOULD CHOSE TO DO THIS AS IF THEY NEED A RETIRED MILITARY VETERAN THAT HAS FOUGHT IN TWO WARS MONEYFOR SHAMEI DESIRE THAT A CHECK FOR THE AMOUNT OF $BE MAILED TO MY ADDRESSTHIS IS BEYOND RIDICULOUS NOWNOW, YOU ARE HOLDING MY DEPOSIT HOSTAGEI'M ALSO REQUESTING INTEREST BE ADDED EACH MONTH TIL THE DAY IT IS RECEIVED BY METHE PRESIDENT OF PACIFIC COMMUNITIES BUILDER SHOULD REALLY BE ASHAMED OF HIMSELFHOW DO YOU SLEEP AT NIGHT?
Regards,
*** ***
Revdex.com:
I have reviewed the? response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below
[My complaint has not been satisfied by the businessAs I mentioned the before the Pacific Builder Community provides misleading and information about this issueI was not offered a complete refund at no pointI was offered $as a deposit refund and never given the option to purchase another home that was not under contruction, the deposit amount was only? $and the rest of the money was considered deposit for an upgrade.? The problem I had with that offer was the amount of money Pacific Builder received from me was $11,They call it upgrade for options in which I was told was non-refundable in any situation.? As per contract I signed May 8, was not completely express to you by the builder*** *** cut and paste only the part beneficial to her company, so here is another part of the contract she left out (? No reliance shall be placed on any stated completed/delivery date unless/untill the sales? staff confirm? that a given compltetion date is final and fixed)Email dated 10/25/@ 4:PM from? Pacific Willow teams provides that detail of a completion date to be executed no later than Escrow date of 30? December 2016.? I can provide emial from builder upon request.I relied on the sales team and Pacific Builder to provide me with accurate informationI asked that this builder make true to their contractThe amendment for Extension of Closing date expired for December I was given numerous of reason why the home was'nt completed and none of those reasons was not due to construction shortfallsIn january 2017? I was asked to sign and additon amendmnet for extension after the sales office told me they would be in breach of contract
Regards,
*** ***
Revdex.com:
I have reviewed the? response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint.? For your reference, details of the offer I reviewed appear below
THIS IS A FOLLOW UP COMPLAINT THAT WAS SUBMITTED TO Revdex.com ON JUNE 27, THE DESIRED RESOLUTION WAS TO RETURN OUR FAMILIES MONIES THAT WERE DEPOSITED FOR UPGRADE ON A PROPERTY SOLD BY PACIFIC COMMUNITIES BUILDER IN MENEIFEE, CA ON MAY 22, IT IS NOW ONE YEAR AND ALMOST THREE MONTHS AND OUR $HAS STILL NOT BEEN RETURNEDONCE AGAIN THIS AGREEMENT WAS AGREED UPON WITH THE V.POF SALES AND MY FAMILYCOMMON PRACTICE IS ANY AND ALL UPGRADES ARE AUTOMATICALLY PASSED TO THE NEW PURCHASER OF THE HOME SO THEREFORE A REFUND SHOULD AUTOMATICALLY BE RETURNEDI SAY AGAIN IT IS NOT FAIR PRACTICE TO RETAIN A CUSTOMERS DEPOSIT BECAUSE THE COMPANY HAS NOT SOLD THE PROPERTYI WISH ANYONE THAT PURCHASES FROM THIS COMPANY IN THE FUTURE BEWAREBE CAREFUL OF HOW DATES CHANGE OFTEN AND BRIEFS OCCUR ABOUT VITAL INFORMATION WHEN THEY DEEM IT NECESSARY IT IS VERY DISAPPOINTING FOR A COMPANY THAT SUPPOSEDLY HAS A GOOD REPUTATION WOULD CHOSE TO DO THIS AS IF THEY NEED A RETIRED MILITARY VETERAN THAT HAS FOUGHT IN TWO WARS MONEYFOR SHAMEI DESIRE THAT A CHECK FOR THE AMOUNT OF $BE MAILED TO MY ADDRESSTHIS IS BEYOND RIDICULOUS NOWNOW, YOU ARE HOLDING MY DEPOSIT HOSTAGEI'M ALSO REQUESTING INTEREST BE ADDED EACH MONTH TIL THE DAY IT IS RECEIVED BY METHE PRESIDENT OF PACIFIC COMMUNITIES BUILDER SHOULD REALLY BE ASHAMED OF HIMSELFHOW DO YOU SLEEP AT NIGHT?
Regards,
*** ***
Dear *** ***? As we discussed, the customer, *** *** *** closed escrow on? February 2, 2017.? His deposit was applied to the purchase price of his new home per the terms of the purchase agreement that he signed.? ? For the record, Pacific Communities made every effort to deliver the completed home to *** ***t at the earliest possible date? Pacific Communities does not get paid unless and until escrow closes.? So there is absolutely no incentive for us to delay the closing.? Unfortunately, construction delays that are beyond our control do occur (e.g., delays by government agencies, delays by utility companies, inclement weather, etc.).? *** ***t acknowledged and assumed the risk of such delays in the purchase agreement he signed, which states:? BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER'S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROWMAYBE DELAYED BY WEEKS ORMONTHS BEYOND THE SCHEDULED CLOSING DATE BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER PACIFIC COMMUNITIES BUILDER, INC(CONTRACTOR"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROMANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, rent PAYMENTS, MOWING costs, AND INTERESTRATE chANGES, ARISING FROM or relATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAYTHE RISK OF WHICHBUYER HEREBY EXPRESSLY ASSUMESBUYER's releASE, INDEMNITY AND ASSUMPTION OF RISKUNDER THIS PARAGRAPHSHALLSURVIVECLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT.? We trust that this matter is now resolved.? Of course, we want *** ***t to be a fully satisfied customer.? Please let him know that he is welcome to contact Ms*** ***, our VP of Sales? (***? or? *** or me (my contact info follows below) if he has any further questions or concerns.? ? Please reply to confirm receipt of this email.? Thank you for your assistance with this matter.? ? Regards,? ***? ? ? *** ** ***
Dear [redacted] As we discussed, the customer, [redacted] closed escrow on February 2, 2017. His deposit was applied to the purchase price of his new home per the terms of the purchase agreement that he signed. For the record, Pacific Communities made every effort to deliver the completed home to [redacted]t at the earliest possible date. Pacific Communities does not get paid unless and until escrow closes. So there is absolutely no incentive for us to delay the closing. Unfortunately, construction delays that are beyond our control do occur (e.g., delays by government agencies, delays by utility companies, inclement weather, etc.). [redacted]t acknowledged and assumed the risk of such delays in the purchase agreement he signed, which states: BUYER HEREBY ACKNOWLEDGES THAT THE SCHEDULED CLOSING DATE IS MERELY SELLER'S BEST ESTIMATE OF THE CLOSING DATE AND THAT THE ACTUAL CLOSE OF ESCROWMAYBE DELAYED BY WEEKS ORMONTHS BEYOND THE SCHEDULED CLOSING DATE BUYER HEREBY RELEASES AND HOLDS HARMLESS AND WITHOUT FAULT SELLER PACIFIC COMMUNITIES BUILDER, INC. (CONTRACTOR"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS, FROMANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PENALTIES, LIABILITY, OR EXPENSES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO STORAGE CHARGES, rent PAYMENTS, MOWING costs, AND INTERESTRATE chANGES, ARISING FROM or relATED TO, DIRECTLY OR INDIRECTLY, ANY DELAY OF THE CLOSE OF ESCROW, REGARDLESS OF THE REASON FOR SUCH DELAY. THE RISK OF WHICHBUYER HEREBY EXPRESSLY ASSUMES.. BUYER's releASE, INDEMNITY AND ASSUMPTION OF RISKUNDER THIS PARAGRAPHSHALLSURVIVECLOSE OF ESCROW OR ANY TERMINATION OF THIS AGREEMENT. We trust that this matter is now resolved. Of course, we want [redacted]t to be a fully satisfied customer. Please let him know that he is welcome to contact Ms. [redacted], our VP of Sales (949.660.8988 [redacted] or [redacted] or me (my contact info follows below) if he has any further questions or concerns. Please reply to confirm receipt of this email. Thank you for your assistance with this matter. Regards, [redacted] [redacted]
Pacific Communities (on behalf of the seller, MEF Homes, LLC) permitted Mr. [redacted] to cancel his purchase of the new home in question because he had been unable to sell his existing home. However, certain optional items (e.g., upgraded cabinets and countertops) had already been installed in...
the new home. Mr. [redacted] and the Seller agreed that a portion of his deposit ($6,469) would be returned immediately upon the cancellation of escrow and the balance of his deposit ($5,295) would be retained by Seller as compensation for the installed options, provided that Seller would refund the deposit to Mr. [redacted] if Seller was able to re-sell the property for the same price (and thus recoup the value of the options). A copy of the escrow cancellation instructions are attached. Seller has continued to diligently market the property for sale. Unfortunately, the home has not sold. Seller nevertheless intends to honor the agreement set forth in the attached cancellation instructions and will notify Mr. [redacted] when the property is sold. Mr. [redacted] is welcome to contact us directly (Pacific Communities, Attn: [redacted], 949.660.8988) if he has any further questions or concerns regarding this matter.
Request #1 On 03/22/16 - Mr[redacted] submitted the attached request for service with (3) issues (HVAC, Front Elevation and Bathroom Tub).The request was forwarded to our field rep so he can schedule a appointment with Mr. [redacted]. Our field rep left Mr[redacted] various...
voicemails to please contact him back so we can inspect his pending issues.No call back. As of today 05/10/16Ø HVAC issue was completed 04/22/16Ø Front Elevation - We will schedule with the painter.Ø Bathroom Tub issue - Appointment was set for 05/05/16 but Mr[redacted] had to cancel due to personal matters. Request # 2 On 04/26/16 - Mr[redacted] submitted another request saying he was having water damage in his laundry room ceiling. (see request attached)Again the request was forwarded to our field rep so he can schedule a appointment with Mr. [redacted]. After several attempts calling Mr. [redacted], On 05/03/16 - I emailed him with our field rep cell phone number if he can contact our field rep at his earliest convenience. 05/09/16 - I called Mr[redacted] to follow up and see if he had able to contact our field rep regarding his pending items.He said he been really busy dealing with personal matters and had not had time to schedule with our field rep. I told him if was okay for today (05/09/16) to swing by and inspect the laundry room ceiling issue. He said yes, therefore we were there that same afternoon.Next step is for our Drywall Contractor and Mr[redacted] agree on a date to fix the drywall. Any questions please give me a call/email. Thanks,[redacted]PACIFIC COMMUNITIES BUILDER, INC.1000 Dove Street, Suite 300Newport Beach, CA 92660Tel: 949-660-8988 ext. [redacted] <-- New ExtensionFax: 949-660-8866