[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.] RevDex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me.
Dear Revdex.com,MHI Partnership, Ltdhas received *** ***'s July 9, 2015, complaint ID number ***, and upon review of the matter, MHI is willing to refund the earnest money paid in conjunction with the contract(s) entered into and terminated with MHI MHI requests that *** *** contact
MHI's *** corporate office directly at (*** *** in order to arrange for delivery or pickup of the refund check amount Please note that all payments are prepared and approved at the *** corporate office and payment may not be ready for approximately one to two weeks We appreciate *** ***'s patience in this regard and look forward to bringing this matter to a successful resolution with her and the Revdex.com Should you have a need for anything further in this regard, please let us know.Sincerely,William ** *** **General Counsel
Dear Revdex.com,MHI Partnership, Ltdd/b/a Coventry Homes has received Ms***'s complaint regarding alleged damage to the french door frame and structure of her home This home was purchased in and any warranty regarding the construction of this property has expired, so there is no current
applicable warranty for damage or repairs to the home MHI would like to schedule an inspection of this issue in order to determine what the actual cause of the alleged damage is and in order to determine whether the damage is due to an original construction defect or ordinary wear and tear, or another cause To the extent that repairs have already been conducted with regard to the alleged damage, please provide MHI with any additional information and evidence that shows the alleged damage and cause of the alleged damage so that MHI may make a determination in this regard MHI would appreciate the opportunity to work directly with Ms*** in this regard and requests that this claim be closed as successfully resolved and/or withdrawn and that Ms*** work directly with MHI in coming to a resolution of this matter Chris Kanewske will contact Ms*** to schedule an inspection in the near future and she may contact me directly to further discuss resolution of this matter or provide further documentation Thank youWilliam ** *** **General CounselMHI Partnership, Ltd.*** *** *** ***Houston, TX ***(713)***
Mr*** has previously and continues to provide factually inaccurate information and misstatements with regards to this matter and the contractual documents and agreements which governed the parties relationship Just as Mr*** expects MHI to live up to its contractual agreement and the provisions of the contract documents, MHI likewise expects Mr*** and our other buyers to do the same The fact is that Mr*** failed to adhere to and comply with certain contractual obligations with regards to the purchase of a home from MHI, and thus, the contract was properly terminated MHI refunded the earnest money in accordance with the contract terms The amount sought is for non-refundable re-draw fees UNDER NO CIRCUMSTANCES ARE REDRAW FEES REFUNDABLE! MHI will not reconsider this matter further and no refund of the redraw fees will be made to Mr*** The contract between the parties provides specific dispute resolution procedures which Mr*** may utilize, by submitting any claim he has to arbitration if he so chooses As such, MHI respectfully requests that the Revdex.com close this matter as resolved at this time despite Mr***'s dissatisfaction with the resolution.Respectfully,William *** **General Counsel
MHI has been in consistent contact with Mr*** regarding this matter since September when his contract was originally terminated due to his failure to pay amounts due pursuant to his contract with MHI This matter is governed by the contractual terms and conditions which Mr***
agreed to, which MHI has the reasonable expectation that buyers will abide by with regards to purchasing a home Pursuant to his contract with MHI, Mr*** was refunded the earnest money deposit that was paidHowever, per the terms of the contract Mr***'s request for a refund
of the “Redraw Fees” (as specifically
noted in section 9.Dof the Contract) are not refundable.
The Contract clearly states “Buyers’ request to redraw or amend the
architectural and/or engineering features of the selected plan number shall be
subject to Buyers’ payment of “Redraw Fees” in connection with redrawing or
amendment to the blue prints, engineering plans or specifications for the home
being purchased…Redraw Fees are non-refundable for any reason once payment
is made to Seller to commence the work”.
Mr*** was on notice and informed of this prior to signing the
contract. MHI expended significant time
and money to re-draw the plans for the Property to his specific desires, which
is why this amount is non-refundable Payment of Redraw Fees is not for the purchase of rights to plans or an entitlement of any kind to the use of such plans; this is an expense charged in order to offset the time, effort and work undertaken by MHI to prepare plans which are unique to a buyer's desires for their home Following termination of the initial contract, MHI offered to work with Mr*** in order to enter into a new earnest money contract for the purchase of a home based on specific conditions which were not met by Mr*** In order for MHI to move forward, MHI offered to enter into a new contract with Mr*** on October 31, 2016, requiring Mr*** to contact the MHI sales counselor and providing full payment of the earnest money deposit and option deposit amounts due at the
time of signing the contract along with a pre-approval letter showing that he was qualified and had the funds available for financing and closing the
purchase based upon the purchase price of the home Mr*** failed to execute this subsequent contract and meet the terms of this offer Only months later did he insist that he was ready to execute a new contract MHI's costs of construction and pricing have increased since and MHI was unable and unwilling to continue to offer to sell the home to Mr*** at the sales price originally contracted for in February (over a year prior) MHI offered to enter into a new contract at then current pricing; however, Mr*** declined and insists upon a refund of the non-refundable Redraw Fees MHI
made a good faith offer to Mr*** with specific terms to resolve this matter,
which was never accepted by Mr***; no contract was executed and fulfilled, no
deposits were made, and no loan approval obtained/provided As such, MHI communicated to Mr*** that all previous offers to resolve this matter have been rescinded and terminated at this time and MHI will retain the non-refundable Redraw Fees as per the contract Mr***'s weekly correspondence, complaints to the Texas Attorney General's Office, the Revdex.com, or any other avenue will not change MHI's position in this matter As such, MHI respectfully requests that the Revdex.com close this matter with notation that MHI has made multiple good faith attempts and offers to resolve this matter, despite Mr***'s dissatisfaction with the result.Respectfully,William D*** IVGeneral Counsel
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
MHI stood to gain in the matter by taking an adverse action against me (contract termination based on failure to responded to a "hour" letter that was never delivered to me), subsequently retaining the redraw fee MHI is not being truthful in the sense that while they did extend the offer of honoring prior pricing, there was no time frame attached to said offer and just a matter of weeks later failed to honor their offer the exact same week I conveyed sincere intent to execute another residential home building agreement with MHI Its as if I had called their bluff! I have been told that MHI was very concerned about building my heavily optioned home, in fear of ANY chance of building it and me as the buyer not taking possession.MHI has not acted in good faith, nor have they stood behind their proclaimed customer focused values I conveyed the redraw fee with intention of building the home MHI on the other hand, breech the contract and reaped financial gain under the "for any reason" language Why would anyone convey moneys if they thought the builder was going to arbitrarily terminate the contract.I request that MHI reconsider their responsibility in this and put the matter to rest with a full refund of the $redraw fee.Regards,
***
Revdex.com:
This letter is to inform you that M H I Partnership, LTD has carried out to my satisfaction the resolution it proposed for my complaint, filed on 10/4/and assigned ID ***
Regards,
Dear Revdex.com,MHI Partnership, Ltdd/b/a *** *** has received the ***'s complaint and upon review of the claims offers the following response While the ***'s contracted to purchase the home in *** *** in October 2014, construction of the home did not commence until December
15, The foundation slab was poured on or about December 28, and construction of the home has continued since such time at an ahead of schedule pace (barring the weather delays incurred during the winter) Per the terms of the earnest money contract at issue, MHI does not commit to a construction completion date other than the home will be completed within one year of the foundation being poured; which will certainly occur The home is in fact on pace to be completed in May barring any material/labor shortages or other unusual delay This would put the home construction on pace for an approximate 1/month build time, which is better than the industry average *** Cabinets are custom built after the frame of the home is constructed and measured and purchase orders are issued, which means these cabinets are site specific and construction of the cabinets is not started until mid construction of the home Based on the industry demand to build homes currently, *** cabinets, like many other cabinet manufacturers, are behind schedule on their construction and delivery This is an unfortunate but part of new home construction and having the ***'s cancel their order, make arrangements to go to the design center to select new cabinets and hardware, getting them measured and built would have slowed construction further and delayed completion of the home MHI is committed to completing the construction of the ***'s home in a timely manner and in accordance with the standards provided by the homeowners limited warranty and contract While we can certainly understand the ***'s frustration in this regard, we are moving towards completion in a timely manner and request that the Revdex.com recognize that MHI has taken reasonable steps in order to resolve this claim at this time.Sincerely,*** ** *** **General Counsel
Revdex.com:MHI Partnership, Ltdd/b/a Plantation Homes, is in receipt of Mr*** complaint and is aware of the issues concerning his home Mr*** purchased his home from MHI in September of Following the purchase MHI has worked with Mr*** regarding foundation
movement and repairs conducted by *** *** MHI and *** *** have continued to monitor and inspect the foundation and piers placed under the foundation As recently as August 2015, *** *** has again inspected the foundation of the home and the foundation is within the applicable parameters of performance and is performing as intended at this time MHI is understanding of Mr*** heightened concerns regarding his home and its foundation, but the current complaints are issues which can be expected and for a home that is entering its ninth year Some foundation movement is and expected and may result in minor cosmetic issues that require homeowner repairs and maintenance *** *** has issued a lifetime transferable warranty to Mr*** regarding the performance of the foundation of the house and they have responded to Mr*** requests for evaluation and found that the foundation is properly performing at this time MHI is encouraged by the foundations performance and we and *** *** will be involved for the remainder of the homeowners limited warranty period for structural issues should they arise However, MHI can no longer assist in performing routine and cosmetic repairs to the home which are homeowner maintenance issues We sincerely appreciate Mr*** working with MHI over these many years in making the repairs necessary to the foundation and monitoring his home If Mr*** should have any future concerns which would fall under the remaining limited structural warranty issued when the home was purchased, or with the foundation's performance, we would appreciate Mr*** contacting MHI and/or *** *** MHI appreciates Mr*** concerns and his bringing this matter to our attention However, the foundation is performing as it is intended to perform and MHI can no longer provide repairs which are unwarrantable or which are homeowner maintenance issues MHI sincerely requests the Revdex.com review this response to the complaint and find that MHI has properly attempted to address the complaint and resolve this matter in a satisfactory manner
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that the company is currently working with me on this issue I will contact you further, if we have any issues Thank you for your assistance in this matter
Dear Ms. [redacted],Thank you for bringing this matter to our attention. MHI Partnership, Ltd. will have someone look into your complaint and get in touch with you regarding resolving these issues as soon as possible. We appreciate your patience in this regard and look forward to resolving...
this matter with you soon. If you should have any further issues or complaints in this regard, please feel free to contact MHI directly at (713)952-6767 and ask to speak with the Customer Care representatives. Thank you.William [redacted]General Counsel
MHI Partnership, Lt** d/b/a Coventry Homes must respectfully disagree with Mr. [redacted]'s complaint and request for payment. Mr. [redacted] entered into a residential construction contract with MHI to construct a residential home on his property, not a commercial building or office. MHI's contract...
documents and the construction of the home was done in accordance with the International Residential Code provisions and the Residential Homeowners Limited Warranty standards for construction. If the property was in fact to be used as a residential home (as MHI understood it was) and zoned as residential instead of commercial property then the fencing that was constructed is in accordance with the Code and Warranty. In fact, the Ft. Bend Fire Marshall's office has confirmed that the wood privacy fencing that was installed is acceptable as long as the property was being used as a residence. The fact that Mr. [redacted] has opted to use this property as a commercial property instead of residential is what has caused the need for a change in the fencing, not anything MHI did or failed to do with regards to the construction. Secondly, following completion of the first property, Mr. [redacted] contracted with MHI to construct a second residence on the adjoining property. Mr. [redacted] paid the $5,000 initial down payment, which is non-refundable except in very specific circumstances (none of which are present). Specifically the contract (attached) provides in Section 10 A as follows: "DOWN PAYMENT: On
or before the Effective Date, Owner shall deposit with Contractor, an INITIAL
DOWN PAYMENT in the amount of $5,000, and a FINAL DOWNPAYMENT in
the amount of $5,000 within sixty (60) days of the Effective Date
of this Contract and prior to commencement of construction (RECEIPT OF WHICH IS
REFERENCED ON THE OPTION ADDENDUM). Notwithstanding anything herein to the
contrary, the Down Payment paid to date shall be retained by the Contractor as
liquidated damages if this Contract is terminated for any reason other than a
Contractor’s Event of Default (as defined below) or Contractor’s Termination
Right (as defined below). Contractor and
Owner agree that is not possible to calculate the exact amount of damages that
Contractor will suffer if this Contract is terminated for any reason other than
the Contractor being in default or exercising its Termination Right, and this
amount is a reasonable approximation of the damages. This amount is not intended by the parties to
be a penalty in any way. Upon commencement of this Contract, the Initial Down
Payment and Final Down Payment shall be applied as a credit toward the final payment
of the Total Contract Sales Price unless otherwise stipulated in this Contract." Mr. [redacted] knows that the initial down payment is non-refundable, especially since this is the second contract that he has signed with MHI. Moreover, the initial down payment is non-refundable due to the need to use these funds to prepare a construction site for building; in this instance MHI utilized these funds to obtain soil testing and to conduct surveys of the property. These out of pocket expenses cannot be recouped by MHI and Mr. [redacted] has and will receive the benefit of these studies and testing. MHI has provided the results of the soils testing and surveys to Mr. [redacted] so he will be able to use them in the construction of the property. Again, throughout the contracting and pre-build process and discussions regarding the termination of the contract, Mr. [redacted] was made aware on numerous occasions that his deposits were non-refundable. MHI regrets that we were unable to move forward with the construction of the second property, however, we must respectfully disagree with his request for a refund and payment at this time. Based upon the above information and the contractual provisions MHI requests the Revdex.com find that MHI has conducted a thorough investigation of this matter and made reasonable attempts to resolve this dispute; and that the Revdex.com find that this matter has been successfully resolve** Thank you.William ** M[redacted]General Counsel
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. MHI told me MHI would build commercial property for me when sign the contract. MHI told me they do not build commercial property after MHI got my money. MHI told me the money would not be refund today. Following are some email from MHIHi Mr. [redacted], Jason just confirmed that as long as we're buil...⇄ />
Regards,[redacted] [redacted]<k[redacted]@mhinc.com>May 4I understan**�...⇄
Dear Revdex.com,MHI Partnership, Ltd. representatives have met with Mrs. [redacted] in regards to her Revdex.com complaint and commenced repairs per MHI's Homeowner's Limited Warranty. The uneven floor has been repaired and leveled, with some additional work needing to be completed. MHI is in the...
process of completing the required repairs and obtaining engineer and inspector certifications of such work. MHI anticipates that the agreed upon repairs will be completed within the following week. MHI appreciates the opportunity to work directly with Mrs. [redacted] to bring this matter to a successful resolution and requests that the Revdex.com close this matter as successfully resolved. Future warranty and customer service calls may be submitted thru MHI's customer service website or by calling directly without the need for Revdex.com intervention. Thank you.William [redacted] General Counsel
Revdex.com 1005 La Posada Austin, Texas 78752 Re: Complaint #[redacted] Dear Madam or Sir: I do not have Ms. [redacted]'s money. Her money is in the hands of Home Depot where it was paid in good faith and with the permission of Ms. [redacted]. Her lack of cooperation and interference has prevented a more...
favorable resolution. This m tter has been time onsuming and expensive for me and my associates as w Texas Discount Siding and indows PO Box 6952 Austin, Texas 78702
Revdex.com:
This letter is to inform you that M H I Partnership, Ltd. has carried out not to my satisfaction the resolution it proposed for my complaint, filed on 9/16/2015 12:00:00 AM and assigned ID [redacted].
Regards,Revdex.com,
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. [Provide details of why you are not satisfied with this resolution.]Regards, However, MHI said that they can no longer assist in performing routine and cosmetic repairs to the home which are homeowner maintenance issues. I am trying attaching some pictures of my issues with regards to my house problems which they say that it was only minor cosmetic repairs that needs my maintenance. But my reply with the pictures attached are not working. Almost every year I have to call and send them a warranty service call to have my house repair but all they do is to just patch the problem and not to solve it. They destroyed my back patio due to the foundation problem and they replaced and its not even a year it cracked and I keep on complaining about to have it fix. They didn't do anything. They were telling us that it was our responsibility to have it fix if it wasn't for that foundation problem in which you lifted my house almost 12 inches we wouldn't have any issues but since you are abandoning your responsibility it's very unprofessional for MHI mostly the managers to whom I always made complaints. But all he does is to denied it. They will fix some issues by patching it but not resolving it. I want a solution. And I'm hoping you can see all the pictures that I attached here needs more attention. They are not minor issues those are big issues mostly to those owners who wanted to have a better and safe place to live in. If MHI thinks these are minor issues they need to change their business. They just keep me passing to the foundation repair people that they are responsible for it. It's not even ten years. They knew already from the start that we were having these foundation problems and they should continue resolving these issues. They keep on saying the foundation is properly performing its performance We are trying to keep and maintain the house in good shape but due to the problems because of the movement of the foundation ,the emotional stressed that were given to us by MHI by not helping us is very frustrating. I sometimes can't sleep and thinking if my house really safe for my family to live in?We bought the house and we were promised that we will be satisfied but until now we haven't got it yet but yet they have given us headache and emotional pain. You have to call them almost every week and make follow up and if you don't it will just be ignored. Is this the quality, assurance and integrity of their company that they are trying to portrayed?They said, [redacted] has again inspected the foundation of the home and the foundation is within the applicable parameters of performance and is performing as intended and up to what parameters of performance?I hope they will resolve these issues.Thank you very much!Gerry [redacted]
Mr. [redacted],MHI is has previously or is sending you copies of the soils analysis report as well as the survey documents for your property. Copies of these documents are attached here as well for your use. The deposit paid to MHI was paid in part to cover expenses such as this and you will receive the reports and the benefit of these reports and documents for use with your construction of a residence/commercial property on your lan** The county does not issue stand alone permits for fencing (to our knowledge) and the residential wood fencing was accepted (and we have been told it is permitted by the fire marshall) as part of the permitting process for the approval of the residential house that was constructe** The fact that the use of the property has changed from residential use to a commercial use is the reason for the change in fencing being required by the county. MHI constructed a residential wood fence pursuant to the residential permit that was obtained to construct the house. If there had not been any change in use of the residence then there would not be any need for a change in fencing. Thus, MHI must respectfully decline your request for a refund of the earnest money paid, (as you have received the benefit of the attached documents; and your contract does not provide for a refund), and your request for payment to construct a commercial fence. MHI also requests the Revdex.com acknowledge MHI's investigation into this matter and responses and find that this matter has been successfully resolve** Thank youWilliam ** M[redacted]General Counsel
Dear Revdex.com and Mr. [redacted] Partnership, Lt** d/b/a Coventry Homes ("MHI") provides this correspondence in response to the [redacted]'s August 13, 2015, claim to the Revdex.com regarding a leak in the supply lines to the kitchen islan** [redacted] received notice of the [redacted]'s water leak claim...
on the morning of August 7, 2015, and immediately responded to the call by scheduling an inspection that morning which was followed by having the plumber scheduled for an after-hours emergency repair to cap the water lines that appeared to be the cause of the leak. The [redacted]'s were informed that once the water lines were capped on Friday that the plumber would be back the following Monday to address the remaining issues. Before proceeding with the repairs needed, [redacted] and the Plumbers had to determine whether this was an issue that would be subject to the homeowner's limited warranty coverage since the home was more than two years old a the time of the leak. Generally, all plumbing is covered under the homeowner's limited warranty for a period of two years from the closing of the sale of a home. With [redacted]'s persistence, [redacted] Plumbing agreed on Wednesday afternoon (August 12, 2015) that they would make the repairs despite the home being beyond the two year warranty perio** [redacted] Plumbing scheduled and made the necessary repairs the following Thursday (8/13/2015). In the course of making these repairs, [redacted] Plumbing noticed there was also a leak at the [redacted] Water Filtrating system; this was turned off until [redacted] was able to make repairs to the water filtering system on 8/18/2015. At this juncture, [redacted] is coordinating a repair to the in wall pest control system (scheduled for 8/20), then fix the sheetrock hole in the garage (scheduled for 8/21/2015) and paint the wall; additionally [redacted] will re-skin the base of the kitchen cabinet where the [redacted] water filter leaked (this has been ordered and will take a couple weeks for delivery).[redacted] apologizes for any perceived delay in addressing this matter, or the [redacted]'s belief that they needed to file a complaint with the Revdex.com in this regar** [redacted] believes that this matter was addressed in an expeditious and professional manner and at no cost to the [redacted]'s despite being out of warranty. While the water to the kitchen island was not available for a few days time, the [redacted]'s had water to the remainder of the home and [redacted] must respectfully decline the [redacted]'s request for further compensation beyond having repairs made. [redacted] has and will continue to address the repairs necessary to the [redacted]'s home until it is resolved and requests that the Revdex.com find that this matter has been sufficiently addressed and successfully resolved at this time. Should the [redacted]'s have any future warranty repair requests or issues regarding their home, [redacted] requests that they continue to use the customer service contact and warranty claim process as provided by [redacted] and pursuant to their warranty. Thank youWilliam ** M[redacted]General Counsel
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me.
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.] RevDex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me.
Dear Revdex.com,MHI Partnership, Ltdhas received *** ***'s July 9, 2015, complaint ID number ***, and upon review of the matter, MHI is willing to refund the earnest money paid in conjunction with the contract(s) entered into and terminated with MHI MHI requests that *** *** contact
MHI's *** corporate office directly at (*** *** in order to arrange for delivery or pickup of the refund check amount Please note that all payments are prepared and approved at the *** corporate office and payment may not be ready for approximately one to two weeks We appreciate *** ***'s patience in this regard and look forward to bringing this matter to a successful resolution with her and the Revdex.com Should you have a need for anything further in this regard, please let us know.Sincerely,William ** *** **General Counsel
Dear Revdex.com,MHI Partnership, Ltdd/b/a Coventry Homes has received Ms***'s complaint regarding alleged damage to the french door frame and structure of her home This home was purchased in and any warranty regarding the construction of this property has expired, so there is no current
applicable warranty for damage or repairs to the home MHI would like to schedule an inspection of this issue in order to determine what the actual cause of the alleged damage is and in order to determine whether the damage is due to an original construction defect or ordinary wear and tear, or another cause To the extent that repairs have already been conducted with regard to the alleged damage, please provide MHI with any additional information and evidence that shows the alleged damage and cause of the alleged damage so that MHI may make a determination in this regard MHI would appreciate the opportunity to work directly with Ms*** in this regard and requests that this claim be closed as successfully resolved and/or withdrawn and that Ms*** work directly with MHI in coming to a resolution of this matter Chris Kanewske will contact Ms*** to schedule an inspection in the near future and she may contact me directly to further discuss resolution of this matter or provide further documentation Thank youWilliam ** *** **General CounselMHI Partnership, Ltd.*** *** *** ***Houston, TX ***(713)***
Mr*** has previously and continues to provide factually inaccurate information and misstatements with regards to this matter and the contractual documents and agreements which governed the parties relationship Just as Mr*** expects MHI to live up to its contractual agreement and the provisions of the contract documents, MHI likewise expects Mr*** and our other buyers to do the same The fact is that Mr*** failed to adhere to and comply with certain contractual obligations with regards to the purchase of a home from MHI, and thus, the contract was properly terminated MHI refunded the earnest money in accordance with the contract terms The amount sought is for non-refundable re-draw fees UNDER NO CIRCUMSTANCES ARE REDRAW FEES REFUNDABLE! MHI will not reconsider this matter further and no refund of the redraw fees will be made to Mr*** The contract between the parties provides specific dispute resolution procedures which Mr*** may utilize, by submitting any claim he has to arbitration if he so chooses As such, MHI respectfully requests that the Revdex.com close this matter as resolved at this time despite Mr***'s dissatisfaction with the resolution.Respectfully,William *** **General Counsel
MHI has been in consistent contact with Mr*** regarding this matter since September when his contract was originally terminated due to his failure to pay amounts due pursuant to his contract with MHI This matter is governed by the contractual terms and conditions which Mr***
agreed to, which MHI has the reasonable expectation that buyers will abide by with regards to purchasing a home Pursuant to his contract with MHI, Mr*** was refunded the earnest money deposit that was paidHowever, per the terms of the contract Mr***'s request for a refund
of the “Redraw Fees” (as specifically
noted in section 9.Dof the Contract) are not refundable.
The Contract clearly states “Buyers’ request to redraw or amend the
architectural and/or engineering features of the selected plan number shall be
subject to Buyers’ payment of “Redraw Fees” in connection with redrawing or
amendment to the blue prints, engineering plans or specifications for the home
being purchased…Redraw Fees are non-refundable for any reason once payment
is made to Seller to commence the work”.
Mr*** was on notice and informed of this prior to signing the
contract. MHI expended significant time
and money to re-draw the plans for the Property to his specific desires, which
is why this amount is non-refundable Payment of Redraw Fees is not for the purchase of rights to plans or an entitlement of any kind to the use of such plans; this is an expense charged in order to offset the time, effort and work undertaken by MHI to prepare plans which are unique to a buyer's desires for their home Following termination of the initial contract, MHI offered to work with Mr*** in order to enter into a new earnest money contract for the purchase of a home based on specific conditions which were not met by Mr*** In order for MHI to move forward, MHI offered to enter into a new contract with Mr*** on October 31, 2016, requiring Mr*** to contact the MHI sales counselor and providing full payment of the earnest money deposit and option deposit amounts due at the
time of signing the contract along with a pre-approval letter showing that he was qualified and had the funds available for financing and closing the
purchase based upon the purchase price of the home Mr*** failed to execute this subsequent contract and meet the terms of this offer Only months later did he insist that he was ready to execute a new contract MHI's costs of construction and pricing have increased since and MHI was unable and unwilling to continue to offer to sell the home to Mr*** at the sales price originally contracted for in February (over a year prior) MHI offered to enter into a new contract at then current pricing; however, Mr*** declined and insists upon a refund of the non-refundable Redraw Fees MHI
made a good faith offer to Mr*** with specific terms to resolve this matter,
which was never accepted by Mr***; no contract was executed and fulfilled, no
deposits were made, and no loan approval obtained/provided As such, MHI communicated to Mr*** that all previous offers to resolve this matter have been rescinded and terminated at this time and MHI will retain the non-refundable Redraw Fees as per the contract Mr***'s weekly correspondence, complaints to the Texas Attorney General's Office, the Revdex.com, or any other avenue will not change MHI's position in this matter As such, MHI respectfully requests that the Revdex.com close this matter with notation that MHI has made multiple good faith attempts and offers to resolve this matter, despite Mr***'s dissatisfaction with the result.Respectfully,William D*** IVGeneral Counsel
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
MHI stood to gain in the matter by taking an adverse action against me (contract termination based on failure to responded to a "hour" letter that was never delivered to me), subsequently retaining the redraw fee MHI is not being truthful in the sense that while they did extend the offer of honoring prior pricing, there was no time frame attached to said offer and just a matter of weeks later failed to honor their offer the exact same week I conveyed sincere intent to execute another residential home building agreement with MHI Its as if I had called their bluff! I have been told that MHI was very concerned about building my heavily optioned home, in fear of ANY chance of building it and me as the buyer not taking possession.MHI has not acted in good faith, nor have they stood behind their proclaimed customer focused values I conveyed the redraw fee with intention of building the home MHI on the other hand, breech the contract and reaped financial gain under the "for any reason" language Why would anyone convey moneys if they thought the builder was going to arbitrarily terminate the contract.I request that MHI reconsider their responsibility in this and put the matter to rest with a full refund of the $redraw fee.Regards,
***
Revdex.com:
This letter is to inform you that M H I Partnership, LTD has carried out to my satisfaction the resolution it proposed for my complaint, filed on 10/4/and assigned ID ***
Regards,
Dear Revdex.com,MHI Partnership, Ltdd/b/a *** *** has received the ***'s complaint and upon review of the claims offers the following response While the ***'s contracted to purchase the home in *** *** in October 2014, construction of the home did not commence until December
15, The foundation slab was poured on or about December 28, and construction of the home has continued since such time at an ahead of schedule pace (barring the weather delays incurred during the winter) Per the terms of the earnest money contract at issue, MHI does not commit to a construction completion date other than the home will be completed within one year of the foundation being poured; which will certainly occur The home is in fact on pace to be completed in May barring any material/labor shortages or other unusual delay This would put the home construction on pace for an approximate 1/month build time, which is better than the industry average *** Cabinets are custom built after the frame of the home is constructed and measured and purchase orders are issued, which means these cabinets are site specific and construction of the cabinets is not started until mid construction of the home Based on the industry demand to build homes currently, *** cabinets, like many other cabinet manufacturers, are behind schedule on their construction and delivery This is an unfortunate but part of new home construction and having the ***'s cancel their order, make arrangements to go to the design center to select new cabinets and hardware, getting them measured and built would have slowed construction further and delayed completion of the home MHI is committed to completing the construction of the ***'s home in a timely manner and in accordance with the standards provided by the homeowners limited warranty and contract While we can certainly understand the ***'s frustration in this regard, we are moving towards completion in a timely manner and request that the Revdex.com recognize that MHI has taken reasonable steps in order to resolve this claim at this time.Sincerely,*** ** *** **General Counsel
Please see the attached letter provided in response to Mr*** claimThank you*** ***
Revdex.com:MHI Partnership, Ltdd/b/a Plantation Homes, is in receipt of Mr*** complaint and is aware of the issues concerning his home Mr*** purchased his home from MHI in September of Following the purchase MHI has worked with Mr*** regarding foundation
movement and repairs conducted by *** *** MHI and *** *** have continued to monitor and inspect the foundation and piers placed under the foundation As recently as August 2015, *** *** has again inspected the foundation of the home and the foundation is within the applicable parameters of performance and is performing as intended at this time MHI is understanding of Mr*** heightened concerns regarding his home and its foundation, but the current complaints are issues which can be expected and for a home that is entering its ninth year Some foundation movement is and expected and may result in minor cosmetic issues that require homeowner repairs and maintenance *** *** has issued a lifetime transferable warranty to Mr*** regarding the performance of the foundation of the house and they have responded to Mr*** requests for evaluation and found that the foundation is properly performing at this time MHI is encouraged by the foundations performance and we and *** *** will be involved for the remainder of the homeowners limited warranty period for structural issues should they arise However, MHI can no longer assist in performing routine and cosmetic repairs to the home which are homeowner maintenance issues We sincerely appreciate Mr*** working with MHI over these many years in making the repairs necessary to the foundation and monitoring his home If Mr*** should have any future concerns which would fall under the remaining limited structural warranty issued when the home was purchased, or with the foundation's performance, we would appreciate Mr*** contacting MHI and/or *** *** MHI appreciates Mr*** concerns and his bringing this matter to our attention However, the foundation is performing as it is intended to perform and MHI can no longer provide repairs which are unwarrantable or which are homeowner maintenance issues MHI sincerely requests the Revdex.com review this response to the complaint and find that MHI has properly attempted to address the complaint and resolve this matter in a satisfactory manner
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that the company is currently working with me on this issue I will contact you further, if we have any issues Thank you for your assistance in this matter
Dear Ms. [redacted],Thank you for bringing this matter to our attention. MHI Partnership, Ltd. will have someone look into your complaint and get in touch with you regarding resolving these issues as soon as possible. We appreciate your patience in this regard and look forward to resolving...
this matter with you soon. If you should have any further issues or complaints in this regard, please feel free to contact MHI directly at (713)952-6767 and ask to speak with the Customer Care representatives. Thank you.William [redacted]General Counsel
MHI Partnership, Lt** d/b/a Coventry Homes must respectfully disagree with Mr. [redacted]'s complaint and request for payment. Mr. [redacted] entered into a residential construction contract with MHI to construct a residential home on his property, not a commercial building or office. MHI's contract...
documents and the construction of the home was done in accordance with the International Residential Code provisions and the Residential Homeowners Limited Warranty standards for construction. If the property was in fact to be used as a residential home (as MHI understood it was) and zoned as residential instead of commercial property then the fencing that was constructed is in accordance with the Code and Warranty. In fact, the Ft. Bend Fire Marshall's office has confirmed that the wood privacy fencing that was installed is acceptable as long as the property was being used as a residence. The fact that Mr. [redacted] has opted to use this property as a commercial property instead of residential is what has caused the need for a change in the fencing, not anything MHI did or failed to do with regards to the construction. Secondly, following completion of the first property, Mr. [redacted] contracted with MHI to construct a second residence on the adjoining property. Mr. [redacted] paid the $5,000 initial down payment, which is non-refundable except in very specific circumstances (none of which are present). Specifically the contract (attached) provides in Section 10 A as follows: "DOWN PAYMENT: On
or before the Effective Date, Owner shall deposit with Contractor, an INITIAL
DOWN PAYMENT in the amount of $5,000, and a FINAL DOWNPAYMENT in
the amount of $5,000 within sixty (60) days of the Effective Date
of this Contract and prior to commencement of construction (RECEIPT OF WHICH IS
REFERENCED ON THE OPTION ADDENDUM). Notwithstanding anything herein to the
contrary, the Down Payment paid to date shall be retained by the Contractor as
liquidated damages if this Contract is terminated for any reason other than a
Contractor’s Event of Default (as defined below) or Contractor’s Termination
Right (as defined below). Contractor and
Owner agree that is not possible to calculate the exact amount of damages that
Contractor will suffer if this Contract is terminated for any reason other than
the Contractor being in default or exercising its Termination Right, and this
amount is a reasonable approximation of the damages. This amount is not intended by the parties to
be a penalty in any way. Upon commencement of this Contract, the Initial Down
Payment and Final Down Payment shall be applied as a credit toward the final payment
of the Total Contract Sales Price unless otherwise stipulated in this Contract." Mr. [redacted] knows that the initial down payment is non-refundable, especially since this is the second contract that he has signed with MHI. Moreover, the initial down payment is non-refundable due to the need to use these funds to prepare a construction site for building; in this instance MHI utilized these funds to obtain soil testing and to conduct surveys of the property. These out of pocket expenses cannot be recouped by MHI and Mr. [redacted] has and will receive the benefit of these studies and testing. MHI has provided the results of the soils testing and surveys to Mr. [redacted] so he will be able to use them in the construction of the property. Again, throughout the contracting and pre-build process and discussions regarding the termination of the contract, Mr. [redacted] was made aware on numerous occasions that his deposits were non-refundable. MHI regrets that we were unable to move forward with the construction of the second property, however, we must respectfully disagree with his request for a refund and payment at this time. Based upon the above information and the contractual provisions MHI requests the Revdex.com find that MHI has conducted a thorough investigation of this matter and made reasonable attempts to resolve this dispute; and that the Revdex.com find that this matter has been successfully resolve** Thank you.William ** M[redacted]General Counsel
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. MHI told me MHI would build commercial property for me when sign the contract. MHI told me they do not build commercial property after MHI got my money. MHI told me the money would not be refund today. Following are some email from MHIHi Mr. [redacted], Jason just confirmed that as long as we're buil...⇄ /> Regards,[redacted] [redacted]<k[redacted]@mhinc.com>May 4I understan**�...⇄
Dear Revdex.com,MHI Partnership, Ltd. representatives have met with Mrs. [redacted] in regards to her Revdex.com complaint and commenced repairs per MHI's Homeowner's Limited Warranty. The uneven floor has been repaired and leveled, with some additional work needing to be completed. MHI is in the...
process of completing the required repairs and obtaining engineer and inspector certifications of such work. MHI anticipates that the agreed upon repairs will be completed within the following week. MHI appreciates the opportunity to work directly with Mrs. [redacted] to bring this matter to a successful resolution and requests that the Revdex.com close this matter as successfully resolved. Future warranty and customer service calls may be submitted thru MHI's customer service website or by calling directly without the need for Revdex.com intervention. Thank you.William [redacted] General Counsel
Revdex.com 1005 La Posada Austin, Texas 78752 Re: Complaint #[redacted] Dear Madam or Sir: I do not have Ms. [redacted]'s money. Her money is in the hands of Home Depot where it was paid in good faith and with the permission of Ms. [redacted]. Her lack of cooperation and interference has prevented a more...
favorable resolution. This m tter has been time onsuming and expensive for me and my associates as w Texas Discount Siding and indows PO Box 6952 Austin, Texas 78702
Revdex.com:
This letter is to inform you that M H I Partnership, Ltd. has carried out not to my satisfaction the resolution it proposed for my complaint, filed on 9/16/2015 12:00:00 AM and assigned ID [redacted].
Regards,Revdex.com,
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. [Provide details of why you are not satisfied with this resolution.]Regards, However, MHI said that they can no longer assist in performing routine and cosmetic repairs to the home which are homeowner maintenance issues. I am trying attaching some pictures of my issues with regards to my house problems which they say that it was only minor cosmetic repairs that needs my maintenance. But my reply with the pictures attached are not working. Almost every year I have to call and send them a warranty service call to have my house repair but all they do is to just patch the problem and not to solve it. They destroyed my back patio due to the foundation problem and they replaced and its not even a year it cracked and I keep on complaining about to have it fix. They didn't do anything. They were telling us that it was our responsibility to have it fix if it wasn't for that foundation problem in which you lifted my house almost 12 inches we wouldn't have any issues but since you are abandoning your responsibility it's very unprofessional for MHI mostly the managers to whom I always made complaints. But all he does is to denied it. They will fix some issues by patching it but not resolving it. I want a solution. And I'm hoping you can see all the pictures that I attached here needs more attention. They are not minor issues those are big issues mostly to those owners who wanted to have a better and safe place to live in. If MHI thinks these are minor issues they need to change their business. They just keep me passing to the foundation repair people that they are responsible for it. It's not even ten years. They knew already from the start that we were having these foundation problems and they should continue resolving these issues. They keep on saying the foundation is properly performing its performance We are trying to keep and maintain the house in good shape but due to the problems because of the movement of the foundation ,the emotional stressed that were given to us by MHI by not helping us is very frustrating. I sometimes can't sleep and thinking if my house really safe for my family to live in?We bought the house and we were promised that we will be satisfied but until now we haven't got it yet but yet they have given us headache and emotional pain. You have to call them almost every week and make follow up and if you don't it will just be ignored. Is this the quality, assurance and integrity of their company that they are trying to portrayed?They said, [redacted] has again inspected the foundation of the home and the foundation is within the applicable parameters of performance and is performing as intended and up to what parameters of performance?I hope they will resolve these issues.Thank you very much!Gerry [redacted]
Mr. [redacted],MHI is has previously or is sending you copies of the soils analysis report as well as the survey documents for your property. Copies of these documents are attached here as well for your use. The deposit paid to MHI was paid in part to cover expenses such as this and you will receive the reports and the benefit of these reports and documents for use with your construction of a residence/commercial property on your lan** The county does not issue stand alone permits for fencing (to our knowledge) and the residential wood fencing was accepted (and we have been told it is permitted by the fire marshall) as part of the permitting process for the approval of the residential house that was constructe** The fact that the use of the property has changed from residential use to a commercial use is the reason for the change in fencing being required by the county. MHI constructed a residential wood fence pursuant to the residential permit that was obtained to construct the house. If there had not been any change in use of the residence then there would not be any need for a change in fencing. Thus, MHI must respectfully decline your request for a refund of the earnest money paid, (as you have received the benefit of the attached documents; and your contract does not provide for a refund), and your request for payment to construct a commercial fence. MHI also requests the Revdex.com acknowledge MHI's investigation into this matter and responses and find that this matter has been successfully resolve** Thank youWilliam ** M[redacted]General Counsel
Dear Revdex.com and Mr. [redacted] Partnership, Lt** d/b/a Coventry Homes ("MHI") provides this correspondence in response to the [redacted]'s August 13, 2015, claim to the Revdex.com regarding a leak in the supply lines to the kitchen islan** [redacted] received notice of the [redacted]'s water leak claim...
on the morning of August 7, 2015, and immediately responded to the call by scheduling an inspection that morning which was followed by having the plumber scheduled for an after-hours emergency repair to cap the water lines that appeared to be the cause of the leak. The [redacted]'s were informed that once the water lines were capped on Friday that the plumber would be back the following Monday to address the remaining issues. Before proceeding with the repairs needed, [redacted] and the Plumbers had to determine whether this was an issue that would be subject to the homeowner's limited warranty coverage since the home was more than two years old a the time of the leak. Generally, all plumbing is covered under the homeowner's limited warranty for a period of two years from the closing of the sale of a home. With [redacted]'s persistence, [redacted] Plumbing agreed on Wednesday afternoon (August 12, 2015) that they would make the repairs despite the home being beyond the two year warranty perio** [redacted] Plumbing scheduled and made the necessary repairs the following Thursday (8/13/2015). In the course of making these repairs, [redacted] Plumbing noticed there was also a leak at the [redacted] Water Filtrating system; this was turned off until [redacted] was able to make repairs to the water filtering system on 8/18/2015. At this juncture, [redacted] is coordinating a repair to the in wall pest control system (scheduled for 8/20), then fix the sheetrock hole in the garage (scheduled for 8/21/2015) and paint the wall; additionally [redacted] will re-skin the base of the kitchen cabinet where the [redacted] water filter leaked (this has been ordered and will take a couple weeks for delivery).[redacted] apologizes for any perceived delay in addressing this matter, or the [redacted]'s belief that they needed to file a complaint with the Revdex.com in this regar** [redacted] believes that this matter was addressed in an expeditious and professional manner and at no cost to the [redacted]'s despite being out of warranty. While the water to the kitchen island was not available for a few days time, the [redacted]'s had water to the remainder of the home and [redacted] must respectfully decline the [redacted]'s request for further compensation beyond having repairs made. [redacted] has and will continue to address the repairs necessary to the [redacted]'s home until it is resolved and requests that the Revdex.com find that this matter has been sufficiently addressed and successfully resolved at this time. Should the [redacted]'s have any future warranty repair requests or issues regarding their home, [redacted] requests that they continue to use the customer service contact and warranty claim process as provided by [redacted] and pursuant to their warranty. Thank youWilliam ** M[redacted]General Counsel
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me.