Toll Brothers, Incorporated

Toll Brothers acquired [redacted] in November
of 2011; however we did not acquire the warranty...

responsibility for the houses
completed by [redacted].  Unfortunately the answering service misinformed the
homeowner.   Toll Brothers responded to the customer on Monday
morning via email and informed them that we do not have nor would we keep
any security alarm codes for homes after completion.  We
unfortunately would never have them on a house over seven years old.

[redacted] -My deepest apologies.  I have been out of the office - first sick, then on vacation - since December 22.  Please allow us extra time to respond to this complaint in a proper manner, to account for the holidays and my time out of the office. Respectfully,Joanna C[redacted]

People in Colorado that are looking for reliable home builders should steer away from this builder. We built our 4th home from the ground (first time with this builder) and what a horrible experience this has been. They ask for a very, very large down payment, in the $30k neighborhood for us. Later it became clear to us as to why they do that, they have no intention of returning it if or should when something goes wrong and too many things went wrong with this build from the get go and even now, 17 months after we moved in. Bottom line, we got a home with no insulation in some living spaces, wrong floors, roof leaks, electrical problems, etc etc, However, the worse problem yet is their customer service. This builder simply doesn't care about home owners. Bad quality of materials, horrible workmanship, no warranty department for first 7 months and absolutely no customer service. They only respond to threats, it's sad it should not be this way. We've been very flexible waiting on items to get resolved but this is ridiculous. They've taken away from us what should've been an enjoyable experience. After talking to other neighbors, we found out each one of them have experienced the same nightmare, so they al least don't discriminate they're just horrible with all builds and home buyers!

Thank you
We will be contacting [redacted] to meet...

and review his drainage issue.
Thanks, Ryan S[redacted]

Upon investigation of the warranty request filed by this homeowner in the Spring of 2014, Toll Brothers determined that the caulking in the shower had not been maintained and the shower drain was nearly completely clogged from calcium build up and lack of maintenance.  The homeowner admitted...

that the shower base typically filled with water during a shower due to the restriction of the drain.  Although leaks are only covered by the warranty for a period of two years after closing, Toll returned to investigate this potential leak on this home that is nearly ten years old.  I am unable to comment on what may have occurred in the first year after closing on this home as no one from our current team was involved in this community in 2005 when this home was originally constructed.  We have checked the warranty file and have not been able to locate any formal warranty submission by this owner regarding the shower prior to the one received in 2014.  I have personally been to this home several times since I became responsible for this community in 2008 and this is also the first time that any shower defect was brought to my attention.  As I explained to the homeowner, my intention was to help determine the cause of the leak and if I could show that there was a construction defect related to the original install of the shower, Toll would remove the shower tile to further investigate and repair the shower.  After completing the maintenance of the shower drain and caulking, we performed another leak test and were uable to get the shower to leak again.  In my opinion, we returned the shower to its original condition at the time of closing and the leak appeared to stop.  Therefore it is my belief that had the shower been properly maintained over the last nine years, the leak would not have occurred.  Below is a copy of the letter that was sent to this owner after the maintenance and testing had been completed by Toll:
 
June 3, 2014
 
Dear [redacted]. ________,
 
Last week we visited your home to investigate a possible leak at your master bathroom shower.  Upon inspection of the shower we observed large cracks in the silicone caulk in all corners of the tile shower.  We also noticed that the shower was not draining as a result of what appeared to be calcium build up in the drain and trap.  We then performed a water test of the shower floor by plugging the drain and filling the shower with water.  After approximately one hour, we observed a water mark in the garage ceiling below the shower.  We then returned several days later and cleaned the shower drain to allow the shower to properly drain.  We also re-caulked the shower tile as had been done prior to closing.  The following day we performed the same water test again and were unable to get the shower to leak.  It appears that the leak in the shower pan resulted from either lack of caulk maintenance or a clogged drain or a combination of the two.  I understand that you do not believe that the leak is gone, but I have seen no evidence to support this.  As a result I will not be able to take any further action with regard to the shower.  Please feel free to contact me with any questions.
 
Sincerely,
 
 
 
Toll Brothers
Project Manager

November 5, 2015
face="Times New Roman" size="3">
 
Via Electronic
Uploadl
RevDex.com, Inc.
Attention:
[redacted]
 
          Re:     [redacted]; Consumer Complaint No: [redacted]
 
Dear
[redacted]:
 
          This letter will serve as Toll
Brothers response to the above complaint. 
          Toll has addressed [redacted]’s allegation many times over many years.  [redacted] fails to disclose that she
defaulted under her agreement of sale and released all claims in a Settlement
Agreement.  Notwithstanding, Toll worked
with [redacted] for years to put her in a better position and ultimately, as
part of the Settlement Agreement, relieved [redacted] from substantial
financial obligations. 
 
          Thank you for your attention to this
matter.  If you require any additional
information, please let me know.
           
                                        ...⇄
Sincerely,
 
 
 
                                        ...⇄ Chris
N[redacted]
Division
Vice President
 
CN/dm

October 24, 2014Dear [redacted]:This letter will serve as Toll Brothers' further response to the above referenced complaint, including the reply letter dated October 7, 2014 from [redacted]. We incorporate by reference the response to [redacted]'s complaint that we sent to you on September 19, 2014.[redacted] continues to refuse to permit Toll Brothers to complete an inspection of the side yard with our contractors. Pursuant to the Home Builder's Limited Warranty, we are therefore unable to take further action with regards to his warranty request. We are in the process of initiating an arbitration proceeding with [redacted] and Associates, Ltd. (“[redacted]") pursuant to the terms of Section VIII of the Home Builder's Limited Warranty to resolve this dispute. The Home Builder's Limited Warranty specifically provides that [redacted] is the arbitration service provider.Thank you for your attention to this matter. If you require any additional information, please let me know.Sincerely,Wendy . K[redacted], Esq.

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because: Toll still continues to ignore my calls. They claim to have reached out but, after numerous attempts to contact them, I have still not heard back from anyone. Claims that they have spoken to me are completely false. They have made no further effort to fix the many issues they claimed to have addressed.
Regards,
[redacted]

I have had the opportunity to review the "rejection" that was recently submitted on this matter.  Toll Brothers re-iterates its initial response, and remains ready, willing and able to perform as set forth in that initial response.  I encourage the complainant to reach out to his Project Manager so that Toll Brothers can discuss this matter further and be provided an opportunity to attempt address the concerns that have been identified.  There is also an Alternative Dispute Resolution provision in the agreement that the complainant has with Toll Brothers.  While we prefer to discuss this matter with the complainant in further detail to see if we can work out any issues, we also are able to arbitrate any disputes that exist.  It may make more sense for the parties to meet prior to pursuing arbitration.  Thank you again for the opportunity to respond to these issues.

Thank you for contacting us.We have reviewed the concern with the homeowner and reviewed with our engineers to confirm the rear yard has been graded and installed per plan. The alleged water issues are a result of improvements made to this property after closing by non-Toll Brothers...

contractors. The fencing, landscaping, and concrete box gardens that have been installed have altered the designed grading and impact this area as noted by the homeowner. This is not a warrantable issue by Toll Brothers. I would suggest reaching out to those vendors for corrective action as needed.Thank you, Ryan S[redacted]

August 18, 2014Dear [redacted]:I serve as a Project Manager for Toll Brothers, Inc., and its affiliates (collectively “Toll”). I write in response to the complaint submitted by [redacted].Earlier this year, [redacted] presented Toll with his desire for, and his belief that he is entitled to, a...

retaining wall on the property. At that time, I discussed the matter with our sales staff and confirmed that no such representations were made. I also reviewed the sales documents in connection with [redacted]’s purchase and confirmed that no retaining wall was ever promised or provided for. Attached is a sales map and plot plan for lot 16, which [redacted] signed clearly showing that no retaining wall was provided for on lot 16, and that the property lines go to the middle of the driveway (attached hereto as Exhibits “A” and “B”). Accordingly, we disputed [redacted]’s allegation in this regard, and advised him of our position several times.In my subsequent conversations with him, [redacted] offered to drop his demand for a retaining wall if Toll would provide him with a credit toward options. As an offer of good will, Toll agreed to [redacted]’s offer and provided him with a $5,200 options credit in exchange for a release of his claims concerning the retaining wall. A written agreement confirming our deal was prepared and provided to [redacted]. He signed this agreement on July 13, 2014 (attached hereto as Exhibit “C”). Several weeks later he filed a complaint with your office claiming that he is again entitled to a retaining wall.Regarding [redacted]’s general claims concerning the size of his lot, as noted above he was provided with a sales diagram and plot plan that depicts his lot (#16) and those of his neighbors. This diagram clearly provided that the square footage listed was for the entirety of his lot, including shared areas. [redacted] acknowledged this document with his initials.- As it pertains to the quality of standard features, much like the lot size, he was provided with a detailed list of standard features in advance and specifically signed off on them (attached hereto as Exhibit “D”).I hope this letter adequately addresses the issues identified by [redacted]. Please let me know if there is any additional information that you require.Sincerely,Benjamin H[redacted] Project Manager

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If 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 it. We will just have to take legal action
Regards,
[redacted]

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 Appendix. Toll 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 so. This 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 problem. The 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 trust. Technically 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-deny. Toll is not interested in resolving the customer problem as they know they are at fault.Regards,[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:
When I took the service back in Dec 2009 I mentioned we have [redacted] service.   Service guy said as long as we have dial tone their service works - believing that we took service, it actually worked and continued their service for 4 years.   You can see from attached bills and service dates, [redacted] security service was working with [redacted] for so long and stopped working in 2013.  When we complained of service disruption, [redacted] asked us to pay for the service call as high as $400 which we can't pay for their failure of service.  We have been with [redacted] for 4 years and why do we have to discontinue service if its working.  Now they are ridiculously demanding us to fulfill contract which doesn't make sense.   So we need damages to be paid for for the period of service we paid and stop notices to us.
Regards,
[redacted]

April 11, 2014
Dear [redacted]:We are in receipt of **. [redacted]’s most recent communication dated April 1, 2014. This correspondence raises new issues of which we were not previously aware, namely the grading and water drainage on his property. The Agreement of Sale under which **. [redacted] purchased his home requires that **. [redacted] submit a warranty request when there is an issue that needs to be addressed. To date, **. [redacted] never submitted any such request related to these issues. We are willing, however, to consider this recent correspondence as a warranty request and will be reaching out to **. [redacted] directly in order to address his concerns.Please feel free to call me should you have any questions.

September 19, 2014Dear [redacted]:This letter will serve as Toll Brothers response to the above referenced complaint. In his complaint, [redacted] has raised concerns with the drainage of his side yard. By letters to [redacted] dated August 12, 2014, August 15, 2014, and September...

18, 2014, Toll Brothers offered to inspect [redacted]'s side yard to determine whether any drainage issues exist. My letter dated August 15th details the specific inspection that our contractor, [redacted] Surveying Company, a Registered Professional Land Surveyor, would perform. To date, however, [redacted] has refused to permit Toll Brothers to proceed with the inspection because he does not want a Toll Brothers' contractor performing the inspection.The terms and conditions set forth in the Home Builder's Limited Warranty provided to [redacted] at closing provide that, upon notification of a warranty claim, Toll Brothers has the right to inspect the complained of conditions. Specifically, subpart B of Section VI (Procedure to request us to perform under this Limited Warranty) provides that:YOU must give US and any third parties acting on OUR behalf reasonable help in inspecting, investigating, testing (including destructive testing), monitoring, repairing, replacing or otherwise correcting an alleged CONSTRUCTION DEFECT. Help includes, but is not limited to, granting reasonable access to the HOME or COMMON ELEMENTS for the forgoing purposes. If YOU fail to cooperate or provide US reasonable access to the HOME or COMMON ELEMENTS, WE will have no further obligation under this LIMITED WARRANTY.
Unfortunately, because [redacted] will not permit Toll Brothers to complete an inspection of the side yard with our contractors, we are unable to take further action with regards to his warranty request. We remain able and willing to complete the inspection, however if [redacted] will not permit Toll Brothers to inspect his side yard with our contractors by Friday, September 26, 2014, we have told [redacted] that we will initiate arbitration proceeding to resolve his warranty request.Thank you for your attention to this matter. If you require any additional information, please let me know,
Sincerely,Wendy K.

Homeowner experienced a sprinkler line break during
severe cold weather event on 2/14/15.  Toll Brothers has met with the
homeowner and agreed to repair all damage to the home resulting from this
event. Toll Brothers is taking efforts to mitigate the potential for this issue
to occur...

again.

The
[redacted]'s have had 50 warranty requests spanning the nearly two
years since they closed.  All but two of them have been
completed.  Of the two remaining, one pertains to a potential
manufacturer's defect of the wood flooring that we have brought...

in the manufacturer to research.  The second pertains to backsplash
tile that resulted from a cabinet change.  Although both of
these items have taken longer to complete than we would have liked and the [redacted]'s frustration is understandable, both are
being addressed and will be completed.  We have and will continue to address any concerns the [redacted]'s have about their
home.

My name is Steve N[redacted] and I am the Customer Care Manager for Toll Brothers in Northern California.  In reviewing the records on this property we have made repairs under warranty on this home since its completion in November of 2015.  The most recent submittal was in regards to an issue...

with the stairs.  I am scheduled to go out to the home to meet with the Homeowner our stair contractor and construction manager on Wednesday of this week.   At that time we will discuss with the Homeowner his concern with the stairs and any other outstanding warranty requests that he has.  I will update further after or appointment. Sincerely, Steve N[redacted] Toll Brothers Senior Customer Care Manager

Message from Project Manager (Mike M[redacted]) 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 itself.
We 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.