As per our original response we have agreed to refund the $4,in earnest money along with the $for change orders which the [redacted] paid to Summit Oak HomesAt the time of Mrs [redacted] ' response to the Revdex.com on March 24, 2014, which we are now addressing, we had not had the opportunity to provide Mrs [redacted] with her refundAs with any company we have policies and procedures that must be followedIn a case such as this, where there is a legal and binding contract in place, we have to make sure certain paper work is completed in order for the contract to be properly terminatedThis is to protect both Summit Oak Homes and our customersUltimately, if we did not do this, then the [redacted] would have been in breach of contract for not fulfilling their responsibilities of the contract Per our company policy, the documents that must be signed in order to terminate a contract are the Termination of Contract and Release of Earnest Money and the Termination AgreementIn our communication to Mrs [redacted] , it was explained that we require both documents to be signed before the earnest money could be refundedAt no time during the communication was Mrs [redacted] told that we would not be providing her with a refundSince Mrs [redacted] refused to sign the Termination Agreement, we opted to make a special provision in this case and wave this requirementOn March 25, 2014, Mrs [redacted] came to our model home, signed the Termination of Contract and Release of Earnest Money documentShe was given a check for the full $4,along with the fan she had previously provided to us We believe this issue to be resolved and hope Mrand Mrs [redacted] find a home they will be happy with
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] I do not agree with all language in thier memorandum(s); all funds have been returned Regards, [redacted]
Complaint: ***
I am rejecting this response because:
I received the response from Summit Oak Homes to Revdex.com on Friday March 2014. The statement said a refund will be provided. I contacted the business on March to find out how and when the refund will be provided. I received and emal response from *** *** stating I will not gain a refund because I have not signed a non-disclusure agreement. Summit Oak Homes has stated a refund will be provided and has not provided a refund. The matter will have to go to court. I did not agree with Summit Oak Homes response to Revdex.com
After my original complaint was filed with Revdex.com Summit Oak Homes contacted me via email on March stating they will provide a refund AFTER I retract my complaint from Revdex.com and sign a non-disclosure agreement. I did not agree on the terms of the non-disclosure agreement therefore a refund was not provide
Regards,
*** ***
We have reviewed the alleged complaints by Mrs*** against Summit Oak Homes and have the following response concerning the custom home built for the *** at *** *** *** *** Mr& Mrs***' custom home
was designed according to their specific needs and wantsThe house was constructed in accordance with the plans, specifications, and change orders reviewed and signed by the ***This claim is not being made lightly; we have the signed documentation and the fully constructed house to substantiate such a statement
From the beginning we knew that the slope of the lot was of great concern to Mrs***, so during contract negotiations, we offered to move her down a few lots where there was less topography and the lot was relatively flatShe declined and chose to stay on the lot she had originally selectedLater towards the completion of the home when final grading was about to start, Mrs*** requested that we leave the lot as level as possible and signed off on a change order adding steps at the back porch going down to the backyard
As far at the plumbing is concerned the washer/dryer connections have been installed in accordance with the signed change ordersDuring construction Mrs*** was confused as to how the plumbing for the two stackable washer/dryers were going to work*** ***, the owner of Summit Oak Homes, met with Mrs*** on site and explained to her how the plumbing would be installed for the washers /dryersDuring the design phase the master shower size was increased on the plans and the shower is built per those signed plans.Concerning the cabinets and sheetrock, at the time of the complaint, the cabinets had been installed but the doors had not been adjustedThis takes place during the "punch out "phase of construction which is usually about to weeks prior to closingIt would also be at this time any sheetrock damaged during construction would be repaired and repainted and any remaining minor issues would be addressedAt the time of Mrs***' complaint we had not made it to that phase of construction
We have made numerous attempts to meet with Mrs*** to discuss her concerns and how they could be resolved but she has declined every invitationIt is apparent that Mrs*** has no interest in finding any resolution other than to be in breach of contract and fail to follow through with her commitment to purchase a house that was custom designed and built for her and her husband
Summit Oak Homes has no desire to try and force someone into purchasing a home which they are unhappy withWe take immense pride in our homes and in the relationships we build with our customersWe find the entire situation with the *** very disheartening and do not wish to prolong it any furtherWe will be refunding the *** $which includes the full earnest money amount and the two changes orders that were paidWe will also return their buyer supplied fan.Summit Oak Homes is a small company with a long list of many happy customersWe sincerely wish we could have added Mr& Mrs*** to that listWe hold no ill will toward them and wish them good luck in their future home purchasing endeavors
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]. I do not agree with all language in thier memorandum(s); all funds have been returned.
Regards,
[redacted]
Summit Oak Homes agrees that the stained concrete floors at the home purchased from us at [redacted] by [redacted] and [redacted] need to be corrected. However, Mr. [redacted] and Ms. [redacted]...
are completely incorrect in their claims/statements concerning the number of other homes we have with the same issue and concerning any processes being neglected in the construction of their foundation. Their foundation was designed and inspected by an Engineering firm licensed in the state of Texas. We have an Engineer stamped pre-pour inspection report noting that the foundation was installed according to their plans and details including the moisture barrier that Mr. [redacted] and Ms. [redacted] claim is not installed. The issue with Mr. [redacted]’s and Ms. [redacted]’s stained concrete floors is an application problem by the stain concrete subcontractor we were using at the time. We have since contacted other stained concrete installers who have corrected this particular issue before and who guarantee us that the problem can be corrected. Summit Oak Homes has offered multiple times to correct Mr. [redacted]’s and Ms. [redacted]’s stained concreted floors but they have refused to allow us. We are currently working with them on alternative solutions for the issue.
As per our original response we have agreed to refund the $4,000 in earnest money along with the $875 for change orders which the [redacted] paid to Summit Oak Homes. At the time of Mrs. [redacted]' response to the Revdex.com on March 24, 2014, which we are now addressing, we had not had the opportunity to provide Mrs. [redacted] with her refund. As with any company we have policies and procedures that must be followed. In a case such as this, where there is a legal and binding contract in place, we have to make sure certain paper work is completed in order for the contract to be properly terminated. This is to protect both Summit Oak Homes and our customers. Ultimately, if we did not do this, then the [redacted] would have been in breach of contract for not fulfilling their responsibilities of the contract.
Per our company policy, the documents that must be signed in order to terminate a contract are the Termination of Contract and Release of Earnest Money and the Termination Agreement. In our communication to Mrs. [redacted], it was explained that we require both documents to be signed before the earnest money could be refunded. At no time during the communication was Mrs. [redacted] told that we would not be providing her with a refund. Since Mrs. [redacted] refused to sign the Termination Agreement, we opted to make a special provision in this case and wave this requirement. On March 25, 2014, Mrs. [redacted] came to our model home, signed the Termination of Contract and Release of Earnest Money document. She was given a check for the full $4,875 along with the fan she had previously provided to us.
We believe this issue to be resolved and hope Mr. and Mrs. [redacted] find a home they will be happy with.
As per our original response we have agreed to refund the $4,in earnest money along with the $for change orders which the [redacted] paid to Summit Oak HomesAt the time of Mrs [redacted] ' response to the Revdex.com on March 24, 2014, which we are now addressing, we had not had the opportunity to provide Mrs [redacted] with her refundAs with any company we have policies and procedures that must be followedIn a case such as this, where there is a legal and binding contract in place, we have to make sure certain paper work is completed in order for the contract to be properly terminatedThis is to protect both Summit Oak Homes and our customersUltimately, if we did not do this, then the [redacted] would have been in breach of contract for not fulfilling their responsibilities of the contract Per our company policy, the documents that must be signed in order to terminate a contract are the Termination of Contract and Release of Earnest Money and the Termination AgreementIn our communication to Mrs [redacted] , it was explained that we require both documents to be signed before the earnest money could be refundedAt no time during the communication was Mrs [redacted] told that we would not be providing her with a refundSince Mrs [redacted] refused to sign the Termination Agreement, we opted to make a special provision in this case and wave this requirementOn March 25, 2014, Mrs [redacted] came to our model home, signed the Termination of Contract and Release of Earnest Money documentShe was given a check for the full $4,along with the fan she had previously provided to us We believe this issue to be resolved and hope Mrand Mrs [redacted] find a home they will be happy with
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] I do not agree with all language in thier memorandum(s); all funds have been returned Regards, [redacted]
Complaint: ***
I am rejecting this response because:
I received the response from Summit Oak Homes to Revdex.com on Friday March 2014. The statement said a refund will be provided. I contacted the business on March to find out how and when the refund will be provided. I received and emal response from *** *** stating I will not gain a refund because I have not signed a non-disclusure agreement. Summit Oak Homes has stated a refund will be provided and has not provided a refund. The matter will have to go to court. I did not agree with Summit Oak Homes response to Revdex.com
After my original complaint was filed with Revdex.com Summit Oak Homes contacted me via email on March stating they will provide a refund AFTER I retract my complaint from Revdex.com and sign a non-disclosure agreement. I did not agree on the terms of the non-disclosure agreement therefore a refund was not provide
Regards,
*** ***
We have reviewed the alleged complaints by Mrs*** against Summit Oak Homes and have the following response concerning the custom home built for the *** at *** *** *** *** Mr& Mrs***' custom home
was designed according to their specific needs and wantsThe house was constructed in accordance with the plans, specifications, and change orders reviewed and signed by the ***This claim is not being made lightly; we have the signed documentation and the fully constructed house to substantiate such a statement
From the beginning we knew that the slope of the lot was of great concern to Mrs***, so during contract negotiations, we offered to move her down a few lots where there was less topography and the lot was relatively flatShe declined and chose to stay on the lot she had originally selectedLater towards the completion of the home when final grading was about to start, Mrs*** requested that we leave the lot as level as possible and signed off on a change order adding steps at the back porch going down to the backyard
As far at the plumbing is concerned the washer/dryer connections have been installed in accordance with the signed change ordersDuring construction Mrs*** was confused as to how the plumbing for the two stackable washer/dryers were going to work*** ***, the owner of Summit Oak Homes, met with Mrs*** on site and explained to her how the plumbing would be installed for the washers /dryersDuring the design phase the master shower size was increased on the plans and the shower is built per those signed plans.Concerning the cabinets and sheetrock, at the time of the complaint, the cabinets had been installed but the doors had not been adjustedThis takes place during the "punch out "phase of construction which is usually about to weeks prior to closingIt would also be at this time any sheetrock damaged during construction would be repaired and repainted and any remaining minor issues would be addressedAt the time of Mrs***' complaint we had not made it to that phase of construction
We have made numerous attempts to meet with Mrs*** to discuss her concerns and how they could be resolved but she has declined every invitationIt is apparent that Mrs*** has no interest in finding any resolution other than to be in breach of contract and fail to follow through with her commitment to purchase a house that was custom designed and built for her and her husband
Summit Oak Homes has no desire to try and force someone into purchasing a home which they are unhappy withWe take immense pride in our homes and in the relationships we build with our customersWe find the entire situation with the *** very disheartening and do not wish to prolong it any furtherWe will be refunding the *** $which includes the full earnest money amount and the two changes orders that were paidWe will also return their buyer supplied fan.Summit Oak Homes is a small company with a long list of many happy customersWe sincerely wish we could have added Mr& Mrs*** to that listWe hold no ill will toward them and wish them good luck in their future home purchasing endeavors
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]. I do not agree with all language in thier memorandum(s); all funds have been returned.
Regards,
[redacted]
Summit Oak Homes agrees that the stained concrete floors at the home purchased from us at [redacted] by [redacted] and [redacted] need to be corrected. However, Mr. [redacted] and Ms. [redacted]...
are completely incorrect in their claims/statements concerning the number of other homes we have with the same issue and concerning any processes being neglected in the construction of their foundation. Their foundation was designed and inspected by an Engineering firm licensed in the state of Texas. We have an Engineer stamped pre-pour inspection report noting that the foundation was installed according to their plans and details including the moisture barrier that Mr. [redacted] and Ms. [redacted] claim is not installed. The issue with Mr. [redacted]’s and Ms. [redacted]’s stained concrete floors is an application problem by the stain concrete subcontractor we were using at the time. We have since contacted other stained concrete installers who have corrected this particular issue before and who guarantee us that the problem can be corrected. Summit Oak Homes has offered multiple times to correct Mr. [redacted]’s and Ms. [redacted]’s stained concreted floors but they have refused to allow us. We are currently working with them on alternative solutions for the issue.
Please see the attached letter.
As per our original response we have agreed to refund the $4,000 in earnest money along with the $875 for change orders which the [redacted] paid to Summit Oak Homes. At the time of Mrs. [redacted]' response to the Revdex.com on March 24, 2014, which we are now addressing, we had not had the opportunity to provide Mrs. [redacted] with her refund. As with any company we have policies and procedures that must be followed. In a case such as this, where there is a legal and binding contract in place, we have to make sure certain paper work is completed in order for the contract to be properly terminated. This is to protect both Summit Oak Homes and our customers. Ultimately, if we did not do this, then the [redacted] would have been in breach of contract for not fulfilling their responsibilities of the contract.
Per our company policy, the documents that must be signed in order to terminate a contract are the Termination of Contract and Release of Earnest Money and the Termination Agreement. In our communication to Mrs. [redacted], it was explained that we require both documents to be signed before the earnest money could be refunded. At no time during the communication was Mrs. [redacted] told that we would not be providing her with a refund. Since Mrs. [redacted] refused to sign the Termination Agreement, we opted to make a special provision in this case and wave this requirement. On March 25, 2014, Mrs. [redacted] came to our model home, signed the Termination of Contract and Release of Earnest Money document. She was given a check for the full $4,875 along with the fan she had previously provided to us.
We believe this issue to be resolved and hope Mr. and Mrs. [redacted] find a home they will be happy with.