Toll Brothers, Incorporated

Message from Project Manager (Mike M***) for the [redacted] at [redacted] ***We have looked into this issue and have determined that the problem is not faulty wiring, but a problem with the light fixture itselfWe are working with the manufacturer to obtain a suitable replacement that will last for a reasonable timeframe.We will have the light replaced as soon the replacement is obtained

The failure of the wood floor and subsequently the sub floor is unfortunate We regret any imposition it has had on the [redacted] While the failure of the floor was outside of our control, we have taken ownership and are taking the steps to address the issue, install a new floor and restore the home to its original condition

RE: Complaint [redacted] Dear Ms***, I am in receipt of the customer complaint submitted by [redacted] regarding the warranty of his home Since receiving the complaint, I have assumed responsibility for handling the remaining items from MrForte and have scheduled an appointment on 6/with Mr [redacted] to review and schedule the remaining work in his home Toll Brothers is committed to providing the highest level of customer service and we will ensure Mr [redacted] ’s warranty is completed to their satisfaction Sincerely, Justin P [redacted] Project Manager Toll Brothers, IncTell us why here

Toll Brothers has been in contact with this homebuyer and we are working to complete their house in a timely manner consistent with the purchase and sale agreement We will continue to progress toward the completion of the house eliminating any constraints as we encounter them

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because:The original floor was determined to be a manufacture defectHowever, by no means has Toll Brothers truly taken ownershipWith the response you have provided you yet again show me that you do not take our concerns and your constant errors seriouslyAt the time of my original complaint the finishing touches had not been completed on the new floor installThe following week we noticed there was something off with the new floorAt one point in the house it was very obvious that the wood was installed incorrectly and slanted at such an angle it was off by over one inchI brought this to their attention and instead of actually acknowledging an error had been made, Toll Brothers again tried to cover up their mistake by "jerry rigging" a solutionThis is absolutely unacceptable that a "luxury builder" would attempt to pull the wool over our eyes like thisSo it wasn't until we made it clear that we needed to fix the bottom line problem that Toll Brothers evaluated the newly installed wood floor and determined we yet again needed to get it replaced This error was absolutely in their control and they chose to handle it in an unethical manner In my complaint I expressed concern in the unsafe environment Toll Brothers had created for my husband and I to live inToll Bothers of course did not address this issue because they constantly try to blame others for their errors and refuse to take ownership for anythingMy complaint also asked for an apologyYour response was a round about way of apologizing at best When the subfloor was torn out apparently there was damage to a supporting beamThis resulted in Toll Brothers bringing out their engineer to evaluate the issueI do appreciate the thought of needing to bring out an engineer to look at my houseHowever, I don't appreciate being kept in the dark until after the engineer has left my house who determined we do need additional support on the broken beamWhere are we with this matter? I was told the beam needed supportIs there a location in my kitchen I should be tip toeing until this is done? At this point my husband and I have decided to hire our own inspector to evaluate our entire houseAll trust in Toll Brothers has been lost and we intend to ensure that they are accountable to the expectations outlined by sales and warranty contract(s) and values outlined on the Toll Brothers company website Regards, [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed as Answered] Complaint: [redacted] I am rejecting this response because: Fraudulent contract!!!!!! Fraud should override arbitration clauseIt is outrageous that Toll Brothers, along with other builders, are allowed to continually scam consumer after consumerI moved into a beautiful, yes beautiful, townhome BUT past all that beauty is mold, shoddy construction and floodingI moved in 2/16/and flooded with inches of water on 4/7/ruining numerous personal items along with my entire inventory of my internet business and yet again another flood on 5/6/destroying even more To date I have no use of my basement, garage and drivewayToll promised to "make me whole"Toll put a claim into their insurance company, [redacted] insurance, and to date no monies from eitherMy business is shut down as a result and I may never be able to re-launch at this rateStill paying my monthly business expenses and my customers are emailing prayers and good wishes along with a desired date of the re-launch My family has not even settled into our supposed beautiful home, never able to fully unpack our belongings which have now been destroyedThis destruction is not just destruction of property it is a destruction to my boys and my memories of my deceased husband and our family photosIt goes straight to our hearts which can't even be put into words So to say I'm living in a beautiful townhome is a MAJOR understatement - I'm living in at [redacted] ! Really unprofessional at its bestThe attorney for Toll, John M [redacted] , rarely responds to my attorneySo we sit and wait while water still seeps in Regards, [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because:The email response I received was completely unprofessional and rude The answering service on the other hand was completely professional and understanding I would never have continued my inquiry with Toll Brothers if I knew the abuse I would receive from Aaron C [redacted] I understand the information I was hoping for now is unavailable That is fine I just wish I could have received that information in a timely and professional manner My desire is that this never happens to a customer again Please see the email responses from Aaron C [redacted] in the attachment Regards, [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: Toll Brothers ignored the actual facts our engineer presented to them The problem was noticed by the Golf Club before be noticed itWe will just have to take legal action Regards, [redacted]

Homeowner experienced a sprinkler line break during severe cold weather event on 2/14/ Toll Brothers has met with the homeowner and agreed to repair all damage to the home resulting from this eventToll Brothers is taking efforts to mitigate the potential for this issue to occur again

We have met with and reviewed their outstanding concerns We are waiting for a date and time (from them) to gain access and address the items we reviewed at their home Once we have a date to allow the work to commence it will be completed as discussedThanks, ***

Good afternoon -On behalf of Toll Brothers, I am attaching a copy of a letter that was recently sent to [redacted] Toll believes that the facts are very different than as suggested by [redacted] in his complaint to your organization.Our records indicate that at no time did [redacted] submit a truthful and timely and complete mortgage application as required by his contract with Toll (yet alone applications suggested by [redacted] ) Toll has requested copies of the two denials that [redacted] states that he has but have not seen them yet.Toll took a loss on the property that it built for the [redacted] far in excess of the deposit, which Toll is permitted to retain under the terms of the Agreement of Sale executed by the [redacted] and Toll Toll holds an outstanding Promissory Note that will come into play as this progresses We are very sorry that the [redacted] did not close on the home that Toll built to their specifications Yet, the agreement which governed the relationship between the parties does not permit a refund of the deposit in light of these facts.Please review my attachment which sets forth some additional facts and Toll's overall position Thank you! [redacted] *S*Toll Bros., Inc.###-###-####

After reviewing this situation we have confirmed that a credit is due to Mr [redacted] This error is a result of a miscommunication and is being corrected immediately On 8/22/a credit of $was applied to Mr [redacted] ’s accountWe appreciate this situation being brought to our attention and we apologize for the inconvenience and delay in getting this resolved If Mr [redacted] has any additional concerns or questions please have him reach out to us for assistance Thank you

face="Times New Roman"> Homeowner experienced a sprinkler line break during severe cold weather event on 2/14/ Toll Brothers has met with the homeowner and agreed to repair all damage to the home resulting from this eventToll Brothers is taking efforts to mitigate the potential for this issue to occur again

Thank you for providing Toll Brothers the opportunity to respond to the Complaint filed by [redacted] .The actual facts are different than those represented in [redacted] s customer statementOn July 27, 2017, [redacted] did sign an Agreement of Sale with Toll FL Limited Partnership Contrary to what was alleged in his statement, [redacted] was not required to use [redacted] Mortgage Company for this transaction In fact, the first sentence in the paragraph of the Agreement dealing with financing states that “Buyer has the right to select a mortgage lender of Buyer’s choosing.” Notwithstanding the foregoing, [redacted] was required to submit an application to [redacted] Mortgage Company and any other lender of [redacted] s choice [redacted] s application for financing with [redacted] Mortgage was denied Pursuant to the terms of the Agreement that [redacted] executed, Toll FL Limited Partnership had the ability to extend the time for [redacted] to secure financing, or in the alternative the Agreement provides that Toll FL may elect to terminate the deal There is nothing in the Agreement that gives [redacted] the right to unilaterally terminate his Agreement and receive a refund of his deposit as he suggests in his customer statement.Notwithstanding the foregoing, Toll FL Limited Partnership has decided to exercise its right to terminate the Agreement of Sale and return the deposit to [redacted] Toll has not ignored [redacted] s repeated requests as he suggests, but is in fact in the process of processing his refund which he will have shortlyThank you again for allowing Toll Brothers the opportunity to clarify these facts and respond to your organization and this consumer Regards,Brian O*** Toll Brothers

Complaint: [redacted] Nov 20th, 2014Dear [redacted] ,This letter serves as a response to the letter received from Toll Brothers dated Nov 11th 2014, also included in the AppendixToll Brothers and [redacted] ***’s recent letter confirms the fact they Toll is backing out of the current arbitration process initiated through Revdex.com after initially engaging.Through multiple letters sent to me directly and through Revdex.com in the last three months, [redacted] has communicated far too many times that she is initiating the arbitration process through [redacted] and Associates, Ltd but has failed do soThis clearly shows her and Toll’s lack of earnestness in resolving the problem.Lastly, the poor drainage in the side yard problem was reported before closing the house and is not a warranty related problemThe inspector had clearly pointed it out as a construction defect which was not in line with the quality promised to us and thereby breach of contract and trustTechnically and legally, this must be dealt outside of the warranty process[redacted] ***’s lack of action, failure to keep her commitment of a third party inspection, absolutely no justification for conducting a survey by a company that does not do grading and avoiding to answer a single question raised by me clearly shows how she continues her and Toll’s policy of ignore-delay-denyToll is not interested in resolving the customer problem as they know they are at fault.Regards, [redacted]

This letter will serve as Toll Brothers’ response to the above referenced complaint from ourhomeownerToll Brothers is sorry to hear that the homeowner is not happy with their homeTollBrothers stands behind our homes, however, there are no outstanding requests from thehomeowner that are covered
by our warrantyIn fact, Toll does not have any prior warrantyrequests for the roof.If the homeowner believes that there is a defective condition that is covered under Home Builder’sLimited Warranty that is administered by *** *** *** *** ***, thehomeowner can submit his claim with *** and we will respond accordingly.Thank you for your attention to this matterIf you require additional information, please let meknow.Sincerely.***
***David A***Division PresidentToll Brothers*** *** *** *** * *** ***
*** *** *** *** *** *** *** * *** *** * ***

To whom it may concern,I have discussed the matter with the customer and we have scheduled to have the tree replaced againWe also informed the customer that it would be their responsibility to water the tree once installed.We will follow up with the customer once the tree is replaced.Thank youMike
M***Project Manager*** *** ** *** ***

January 3, 2017Dear *** ***.This letter will serve as Toll Brothers' response to the complaint from the homeowner dated December 18, 2016, which was received by Toll Brothers on December 22, 2016.By way of background, *** *** purchased and closed on a home from Toll Brothers on October 8,
The home was sold to *** *** with a ten year home builder's limited warranty, a sample copy of which is attached*** *** then submitted the warranty claim to Toll Brothers that is the subject of the complaint before the Revdex.com on July 21, This was well after the year limited warranty had expired on the home, and almost years after the home was sold to *** ***This claim was also submitted outside the applicable year statute of repose that bars claims against a builder related to the construction of a homeTof Brothers denied the claim at that time as a result.If *** *** does not agree with Toli Brothers' determination, *** *** may submit a claim under the home builder's limited warranty pursuant to the dispute resolution procedure set forth in the warranty.Please let me know if you have any questions,Sincerely,Wendy *K

Ira B***

December 5, 2014Dear *** ***:This letter will serve as Toll Brothers’ r***onse to the above referenced complaint from our homeownerThe homeowner claims that Toll Brothers breached the Agreement of Sale by not meeting the specifications or engaging in other malpracticesWe dispute these
allegations and r***ond to each of the specific issues raised in the complaint as follows:1)Gutters - The homeowner claims that Toll Brothers was to install 5” gutters but instead installed 3” guttersThe homeowner entered into an Agreement of Sale with Toll Brothers during a Dream Home Sales EventOne of the incentives offered to the homeowner was to install a 4” round downspout for Front Elevation of the home5” gutters were in fact installed on the homeowner’s home along with the 4” round downspouts per the Dream Home Sales Event, which was accepted by the homeowner at the time of agreement(A copy of the brochure that the homeowner initialed is attached as Exhibit 1).2)*** Rating of HVAC System/Additional Charge for Upgraded System - The homeowner claims that we were required to install but did not install a *** rating system in his homeThe Exhibit D (Building Specifications) to the homeowner’s agreement provided that a *** air conditioning system would be installed in the home(A copy is attached as Exhibit 2, please see page 3)This was the standard specification for our homes at the timeAs part of the agreement process, the homeowner chose to upgrade his system to a *** air conditioning system for an additional upgrade chargeAfter the agreement was signed but before the plans for the home were submitted for a permit, there was a change to the City of Plano energy code, which required the installation of *** rated air conditioning systemsOnce the energy code requirements were changed, we provided a credit to the agreement for the full amount of the upgrade cost that would be chargedToll Brothers installed a system in the home that has a *** rating as verified by an AHRI Certified, Certificate of Product Ratings certification.3)Chimney - The homeowner claims that a “full t chimney” was to be installed in the homeThe Agreement of Sale provided that no chimney would be installed in the homePlease see the attached Exhibit at page 1.4)Sprinkler System - The homeowner claims that a pre-owned sprinkler system was installed in his home because it was manufactured in August Assuming the system was manufactured then (we have not inspected the home to confirm this date), this is not an indication or confirmation that the system was in fact pre-ownedFurthermore, there is no requirement that a sprinkler irrigation controller be installed within six months of manufactureWe install new products in all of our homes.5) Lot Size - The homeowner claims that Toll Brothers misrepresented the dimensions of the lot size of the homeExhibit L to the Agreement of Sale (a copy of which is attached as Exhibit 3, and which was provided to the homeowner at the time of purchase) provided that the lot would be 110’ deepThis lot matches the lot size that was confirmed at closing with a survey (a copy of which is attached as Exhibit 4).6) Water Heater- The homeowner claims that Toll Brothers tried to provide less than the standard specifications to the homeownerExhibit D to the homeowner’s agreement provided that two gallon energy efficient gas water heaters would be installed in the homeWhen the City of Plano changed the energy code, Toll Brothers was required to install only tankiess water heaters (which were previously an upgrade) as a standard featureAs a result of the code change, we were planning on upgrading at no charge the homeowner’s system to a gallon/minute tankiess unit, which has the same capacity to cover a 1A bath homeThe homeowner requested that we install tankiess water heaters, which we agreed to provide and installed at no additional charge to the homeownerTwo gallon/minute systems were installed in the home.7) Double Doors - The homeowner claims that Toll Brothers tried to provide less than the standard specifications to the homeownerIt is unclear which double doors the homeowner is referencingThe custom option diagram signed by the homeowner at the time of the Agreement showed a single door for the master bathroomDuring the construction process, the homeowner indicated his disappointment with the single door and Toll Brothers installed a double door for the homeowner at no additional charge.8) Linen Cioset - The homeowner claims that Toll Brothers eliminated a linen closet from the plan that was sold to the homeownerAt the time of the Agreement of Sale, the homeowner signed off on plans that resulted in the elimination of the linen closet, which plans the homeowner signed off onNevertheless, as an accommodation when the homeowner expressed his dissatisfaction, Toll Brothers installed a linen closet at no additional charge.Thank you for your attention to this matterIf you require any additional information, please let me know.Sincerely, Wendy *K*** ***, Esq.###-###-####