Shadow Ridge at Southland

[redacted] apologizes for any misunderstanding regarding the sale and building of the home for the [redacted] ’s We do not believe that there was any dishonesty or misrepresentation by any [redacted] employee The gutters that were mentioned on the complaint were offered to the [redacted] ’s at the time of sale Gutters are a standard option and were not purchased by the [redacted] ’s There are many gutter companies in the area that can install gutters if the [redacted] ’s feel that they are necessary The [redacted] ’s have stated that they were promised a retaining wall on their property No one at [redacted] promised that a retaining wall would be built The [redacted] ’s home is built in the hill country and the yard has a natural slope Water flows downhill which it has been doing on the [redacted] ’s yard long before a home was constructed as well as every yard where a home was constructed in the community The [redacted] ’s do have the option to construct a retaining wall as well as gutters

A representative from Chesmar Homes has met with the [redacted] ’s to better understand the homeowner’s complaint Action is in progress to help alleviate the drainage issue

Revdex.com: I am done dealing with this Of course I get nothing, I'm just out a lot of money [redacted] was so willing to help, gave me hope, then nothing, Chesmar Homes is too arrogant to worry about a middle class homeowner whose property was damaged due to excavating their development for $200,000-$250,homes I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me Not saftisfactory at all...just gave up Thank for your help Regards, [redacted] ***

On September 13, [redacted] Homes management reviewed the fencing issue with the homeowner; the outcome being one of mutual respect for each other’s differing viewpoint, and [redacted] resolving to maintain its previous determination that the complaint was outside the standard warranty guidelines

[redacted] will repair [redacted] ’s roof and damage caused to the interior of his home due to a roof leak This is [redacted] ’s responsibilityThe fence [redacted] references sustained to MPH winds during Hurricane Harvey The fence is open to a field on one side with little or no wind protection Multiple fences sustained damage in the area due to the storm [redacted] has closely inspected the fence, taking many photos of it before denying this claim Wind speeds recorded over MPH are considered “acts of god” and are not covered in the new home warranty program Section VIII, #9D in “Your New Home Warranty” booklet states exclusions including damage from hurricanes and windstorms [redacted] Homes has honored repairs to other items under warranty that were received in the homeowner’s request dated and we are doing everything possible to get the remaining repairs completed in a timely fashion

Revdex.com: The builder has contacted me and will be sending someone out to look at the drainage issue I will not know the result of that report until late next weekI will provide an update after the results have been shared with meI amcinfid that a resolution will be made soon, however unable to agree at this timeI am Regards, [redacted]

Complaint: ***
I am rejecting this response because:June 22, 2017Response to Revdex.com regarding Complaint ID ***:We, *** *** *** ***, reject the response made by *** *** posted to us June 21, 2017. This is why the ***’s reject ***’s response:1) Prior to closing on May 2016, concerns of erosion abatement, were deliberately addressed in a face to face meeting with *** Austin President *** ***, Construction Manager *** ***, and Sales Manager *** *** and the owners on the home site at the area of highest probability of a future erosion problem. Erosion abatement in this area of the property had been an ongoing concern during six months of construction. The sole purpose of this meeting was due to the fact we, the new home purchasers refused to go to closing until we met, discussed, and *** agreed on an acceptable action they would take regarding erosion, should erosion continue. 2) The acceptable action that was pro-offered by the *** officials above was that we, the home-buyers do home owner responsibilities, i.einstalling gutters and taking care of the sod/grass to ensure its rooting and growth, etc., then the issue would be re-visited in 9-months and a decision would be made in reference to erosion abatement. In the meantime, the temporary silt fence would remain to attempt to contain erosion. We were assured the silt fence would not be needed longer than 9-months and if erosion was still an issue, a retaining wall would be placed. 3) On July 16, 2016, a complete 6” rain gutter system, as opposed to 5” gutters, was installed on the home at the owner’s expense ($2664), as we agreed to do during the meeting in Paragraph Additionally, the homeowner has maintained the grass optimally as was agreed. 4) Upon requesting *** revisit this issue with us, *** representative *** and present construction supervisor Jake have noted and confirmed we have an erosion problem, our statements and contentions, yet no action has been taken as agreed upon, to the home owners as stated and agreed upon by *** Austin President *** *** and *** *** during the May meeting at the site.5) *** is correct that this home is built in the hill country, and as such a $25,lot premium was assessed and paid. This is to account for engineering and lot grading to ensure a proper grade upon which to construct and maintain the dwelling, fencing, landscaping and prevent future disruptive erosion.6) Four other *** constructed homes adjacent to our home also with lot premiums, also on steep Hill Country grades, have been constructed to include stone retention walls to prevent erosion by ***. Yet, *** management dismisses our contention without even an audience. Hence, their response was made blindly, as grass is thinning and soil is being lost and accumulating next to the temporary silt fence. A 20’ x 25’ portion of the lot is untenable and sliding downhill as the slope and grading is too steep for the retention of soil even with grass and large original trees on the site7) *** contends we have the option of constructing a retaining wall and gutters. Gutters were installed a year ago. Hence ***’s response is false. A retention wall, as deemed necessary upon inspection by *** County engineers and should have been constructed by *** in the monies paid by the ***s in the base cost of the home with an additional $25,lot premium.8) As such, ***’s response is weak and nominal as appears to have been a boiler plate response. We request *** fulfil their part of the agreement made at the meeting in Paragraph or the Revdex.com not favorably recommend ***, and or remove Revdex.com certification from *** as a reputable business. Sincerely,*** *** *** *** *** ***
*** ** ***
***
***
*** *** *** *** ***
*** *** *** ***
*** *** *** *** ***
*** *** *** *** ***
*** *** *** ***
*** *** *** ***
***
*** ***

Referencing: ID *** from Mr*** ** *** ** *** *** *** * ** ***, dated July 7, Greetings, We regret that the Harris family has been inconvenienced and frustrated with this issue at their new homeChesmar Homes has been in contact with the Harris family regarding this issueAt
the home owner’s request, and in accordance with the Chesmar's warranty process, a service ticket was generated for the issue. A Chesmar delegated plumber was dispatched to view the line with an optic camera. The line was found by the plumber to be clear, exhibiting no breaks or debrisThe toilets flushed properly and no repairs were deemed necessary. This particular issue has been addressed, resolved and the service request ticket closed outWe want the Harris family to enjoy their new home to the fullest and appreciate their patience during this issue. They have our contact information and we encourage them to call us directly if they have concerns in the future. Thank you, *** *** Director of Communications

*** *** respectfully disagrees with the facts presented by the ***’s. We will be more than happy to enter Revdex.com’s arbitration process for a resolution

A representative from Chesmar Homes has met with the [redacted]’s to better understand the homeowner’s complaint.  Action is in progress to help alleviate the drainage issue.

On September 13, 2017 [redacted] Homes management reviewed the fencing issue with the homeowner; the outcome being one of mutual respect for each other’s differing viewpoint, and [redacted] resolving to maintain its previous determination that the complaint was outside the standard warranty guidelines.

Revdex.com:
I am done dealing with this.  Of course I get nothing, I'm just out a lot of money.  [redacted] was so willing to help, gave me false hope, then nothing,  Chesmar Homes is too arrogant  to worry about a middle class homeowner whose property was damaged due to...

 excavating their  development for $200,000-$250,000 homes. 
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.   Not saftisfactory at all...just 
gave up.  Thank for your help
Regards,
[redacted]

[redacted] will repair [redacted]’s roof and damage caused to the interior of his home due to a roof leak.  This is [redacted]’s responsibility. The fence [redacted] references sustained 50 to 60 MPH winds during Hurricane Harvey.  The fence is open to a field on one side with little or...

no wind protection.  Multiple fences sustained damage in the area due to the storm.  [redacted] has closely inspected the fence, taking many photos of it before denying this claim.  Wind speeds recorded over 50 MPH are considered “acts of god” and are not covered in the new home warranty program.  Section VIII, #9D in “Your New Home Warranty” booklet states exclusions including damage from hurricanes and windstorms. [redacted] Homes has honored repairs to other items under warranty that were received in the homeowner’s request dated 8.27.17 and we are doing everything possible to get the remaining repairs completed in a timely fashion.

Revdex.com:
The builder has contacted me and will be sending someone out to look at the drainage issue....

 I will not know the result of that report until late next week. I will provide an update after the results have been shared with me. I amcinfid that a resolution will be made soon, however unable to agree at this time. I am
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because: Dear [redacted] Homes  I disagree with the statement from [redacted], in regards to the fence.  Section VIII, 9D referenced in the New Home Warranty, does state exclusions from hurricanes and windstorms. However, this isn’t the basis of my claim. On August 27, 2017 I put in several claims. The claim for the fence stated, “The wood fencing is poorly constructed, and is leaning near the draining area. The fence needs to be reinforced with cement and lined out.” Note, that this had nothing to do with the wind. These so called winds that they claimed to have had, didn’t rip my cement out of their 3-5 foot holes, nor put my fence out of excess plumb. How can one assume, that the basis of my claim put in for my fence was due to the so called wind. I was instructed by [redacted], to put in multiple claims at one time, and this is what I did. All of my claims just happen to be put in after Hurricane Harvey devastated the Texas coast. They didn’t say they weren’t going to fix my roof grass, or sprinkler because of the winds. If all the claims went in at one time, how can wind be used as a cop out for one?  I didn’t buy a home from [redacted], nor do I control who [redacted] subcontracts to. The bottom line is that there is no proof, that the basis of my claim isn’t covered under warranty. I have fence post that have cement, and some that look like a half job was done, and they ran out cement or cut corners. I assure you that it wasn’t the wind that did this. Just because a fencing company [redacted] contracts with says otherwise, doesn’t warrant any truth or validity, to not warranty my claim. Stating that, 50-60 mph winds are deemed “acts of God in this case is preposterous. To me it seems like an act of negligence, improper installation, and inadequate cement setting skills. Was the wind 50 mph, or 60 mph? Was it wind speed or wind gust recorded over 50 mph? There is a difference between the two. Wind speed (or wind velocity) is the speed of the wind that we experience. Wind gust is a sudden, short burst of wind speed. Was it Hurricane Harvey or a wind storm? There are too many inconsistencies it what is being said.  Utilizing Hurricane Harvey, and or a wind storm to deny fixing something is totally unacceptable, and attest to the claims made about [redacted]’s customer service. My farther lives in [redacted] and it you want to see what Hurricane Harvey winds look like google Hurricane Harvey in [redacted]. They were without power for 14 days running off a generator. So sorry when I take the devastation of this storm to heart. The customer is always right" is a motto or slogan which exhorts service staff to give a high priority to customer satisfaction. This might not be right in all cases, but in this one it is. All I [redacted] to do is fix the fence, which is too easy. 
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because: 
These accusations regarding my fence were never proved. They haven’t shown to the Revdex.com or I, the fence
isn’t covered by warranty. There were questions that were in the response that
weren’t addressed. I still believe that the burden of proof is on the company.  It would be interesting to see how a Judge
would rule on this. I still stand
in the same position, as my previous response. 
All [redacted] has to do is fix my fence, and this issue would be resolved.
This issue will not go away with a paragraph
that doesn’t provide any evidence to suppress the questions presented. At the end
of the day, you have the business saying one thing and the consumer saying
another. The difference is I paid for my home, and I am covered by warranty.
[redacted] has to prove the previous section mentioned in the home warranty that referenced
storms, and they have failed to do that. The claim is still unresolved in my
eyes, even if I pay to fix it myself.
Regards,
[redacted]

[redacted] apologizes for any misunderstanding regarding the sale and building of the home for the [redacted]’s.  We do not believe that there was any dishonesty or misrepresentation by any [redacted] employee.  The gutters that were mentioned on the complaint were offered to the [redacted]’s at...

the time of sale.  Gutters are a standard option and were not purchased by the [redacted]’s.  There are many gutter companies in the area that can install gutters if the [redacted]’s feel that they are necessary.  The [redacted]’s have stated that they were promised a retaining wall on their property.  No one at [redacted] promised that a retaining wall would be built.  The [redacted]’s home is built in the hill country and the yard has a natural slope.  Water flows downhill which it has been doing on the [redacted]’s yard long before a home was constructed as well as every yard where a home was constructed in the community.  The [redacted]’s do have the option to construct a retaining wall as well as gutters.

Initial Business Response /* (1000, 6, 2015/07/10) */
We apologize for the challenges that were experienced during the move in process. Once the temp notified the manager that the mailbox key had not been taken care of, it was replaced immediately.
We have made changes to the staff as well as...

the systems in place to ensure that situations like the one experienced by you does not happen again.
Should the resident still have items pending needing repair in the apartment home please have them contact the office and we will have it addressed.
Thank you for bringing your concerns to the management team at Shadow Ridge
Initial Consumer Rebuttal /* (2000, 8, 2015/07/13) */
(The consumer indicated he/she ACCEPTED the response from the business.)