We are counsel for Wathen Castanos Peterson Homes, Inc. [redacted] Peterson forwarded to me a copy of your letter of August 26, 2016, regarding the above-entitled matter. Please consider this as the response from Wathen Castanos to the Revdex.com complaint from Mr. & Mrs. [redacted]. The customer service team...
at Wathen Castanos, including Steve [redacted] and [redacted], has won numerous industry awards for excellence. These awards recognize the timeliness, responsiveness, and professional manner in which Mr. [redacted] and Ms. [redacted] do their jobs. Wathen Castanos disputes in the strongest possible terms any accusation that either of their representatives were rude or unresponsive to the [redacted]s' concerns. The truth of the matter is that my client simply declined to accede to the [redacted]s' unfounded demands. The [redacted]s' complaints about their home began before they had even closed escrow. During the pre-closing walk through process on their home, they expressed concern that the "broom marks" in the concrete on their rear patio made the concrete "look dark" and "out of level". Wathen Castanos explained to the [redacted]s that the broom marks in the concrete finish were normal and that the concrete on the [redacted]s' patio and exterior flatwork was all finished with a broom finish. The "broom marks" are part of the finish itself, not a defect. The model home which the [redacted]s viewed prior to purchasing their home also has broom-finished exterior concrete flatwork and patio. As an accommodation, Wathen Castanos offered the [redacted]s the opportunity to cancel their purchase and receive a full refund of their deposit, but the [redacted]s elected to close escrow nonetheless. In so doing, they accepted the condition of the exterior concrete at their home.The [redacted]s also submitted several requests for customer service during their 1-year limited warranty period. These requests involved fence pickets, cracked ceramic tile, and drywall. Each request for service was responded to promptly and repairs were made. Certain of the items were repaired as a courtesy because the complaints were not warrantable items. One of my client's trade partners even replaced a cracked tile after the 1-year warranty had expired, also as a courtesy to the [redacted]s. Every service request the [redacted]s submitted was addressed and Wathen Castanos, as of this date, has no pen work orders for the [redacted]s' residence.The [redacted]s' complaint also mentions a slow drain in their guest bathroom shower. Contrary to the wording in the [redacted]s' complaint, which suggests that they do not use that bathroom, on my client's last visit to the [redacted] residence, Mr. [redacted] acknowledged that his wife does use that shower frequently. Mr. [redacted] was advised that the home is out of warranty and that a slow drain is a homeowner maintenance issue. It was recommended that he call a plumber. Wathen Castanos strives to build homes which exceed the expectations of their customers. On rare occasions, those expectations are unreasonable and cannot be met. Wathen Castanos has responded to every customer service request the [redacted]s have made in a timely and professional manner. The [redacted]s' real complaint is that my client will not replace broom-finished concrete which has "broom marks" in it. The "broom marks" are part of the finish itself, not a defect. There is nothing unreasonable or unfair about a builder who will not replace work which is not defective and, in fact, represents a standard of finish which is consistent with the model homes for the project and the standard in the industry.Should you have any questions, or need further information, please feel free to call.
Initial Business Response /* (1000, 5, 2015/04/15) */
Contact Name and Title: [redacted]
Contact Phone: XXXXXXXXXX ext [redacted]
Contact Email: [redacted]@wchomes.com
To: Revdex.com
1. This home closed in 2006, & this HO never mentioned anything until November 2014.
2. We contacted our Door...
Supplier, & he did verify that this door is used for front doors by several builders in 2006.
I have copied our response to the CSLB for this same complaint filed by this same HO below.
The builder (us) has a one year limited warranty.
In November 2014 we received a call from [redacted] she was unhappy with her front door located at [redacted] W. King Fisher Lane, [redacted] CA XXXXX. [redacted] spoke to [redacted] to find out her complaints in regards to her front door, which are were;
1. [redacted] is on the architectural committee. She states that she knows that her front door is really an interior door.
2. [redacted] mentioned there other doors worse than hers and that 1 was repaired and 1 replaced.
3. She is asking for herself and that as other doors begin to deteriorate what should be her response to the other homeowners who will come to her.
On November 21, 2014 we sent [redacted] a response in writing explaining to her this is non-warrantable item since her home closed escrow July 7, 2006. The letter had the following explanation,
"Thank you for your contact. We hope you are continuing to enjoy your home and community at European Bluffs. I brought your concern to our weekly department meeting for review. One of the bigger struggles that we face in the valley is our extreme (and dry) heat season. The concern you have is evident and we hope we can offer some direction for you. To review:
1. Item: Front door weathering condition.
a. Due to the extremes of long hot summers and cold winters it has been found that if exterior painted surfaces are not periodically coated with a durable exterior paint (as needed) that not only will the front doors deteriorate but so will stucco molds (small trim that surrounds the exterior doors) and fascia boards. Added to that, homes that have the longer direct sun on them suffer even more. It has also been the case that homes that have been painted periodically have held up well. With the extent of damage that appears on the surface of your door it may be that replacement would be the best course of action.
2. When homeowners approach you in your community, with your position on the board, how should you respond:
a. We find that by having a planned maintenance of exterior painting will help mitigate the problems seen with front doors and exterior trim.
b. Also to keep in mind that when state and federal standards for paints had changed over the years and lead was removed, that did decrease the durability of the paints. Paints today are still of good quality and better paints will cost more, however, they still do not hold up as well as the paints of yesteryear. Keeping this in mind will help us to understand that even though the homes are painted, heat will breakdown the coating over time. A onetime paint from production will not serve to protect the surfaces under it for years. Upkeep of cleaning or repainting is a must.
On December 22, 2014 we sent [redacted] a 2nd response in writing explaining to her these are non-warrantable items since her home closed escrow July 7, 2006. We explained to her the following;
In regards to both of your doors, we discussed them with our door manufacturer Pacific Door, we concluded with the following;
1. Front Door - is an Infinity Solid continuous particleboard core wood door, which came with a one year exterior door warranty from the manufacturer. In the Manual that you were provided from your Sales person prior to close of escrow, in the Exterior Section on page 11 goes over the
"Exterior Finish - Doors
Painted wood - We recommend that you plan to repaint all your exterior wood doors every two to three years. Past experience indicates this has a tendency to increase the life of these doors."
Homeowners that followed these recommendations continue to have a door that serves them well.
2. Fire Door - Fresno's 20 minute rating doesn't require the plate. You have a 1 3/4" Solid core fire door.
Both door items do not fall under the builders one year limited warranty, or State of CA 10 year structural requirements.
The home located at [redacted] W. [redacted] Lane closed escrow in 2006, these door items were not brought up within her warranty period, so we feel these are non-warrantable items.
We hope this information is helpful.
Thank you,
Initial Consumer Rebuttal /* (3000, 7, 2015/04/22) */
(The consumer indicated he/she DID NOT accept the response from the business.)
1.) 11/10/14- Initial call to Customer Care rep.#1 - not available. I sent an email to address on his business card.
2.) 11/12/14- Follow-up phone call to rep.#1 - not available. Receptionist/rep.#2 said she would send him an email to return my call.
(BTW - I do not have a copy of the above-mentioned response letter from "We", dated Nov. 12, 2014, but I would like to have it.)
3.) 11/13/14- Rep.#3 called back on behalf of #1, saying my door issue was "outside the box," not falling into any of the 3 builder's warranties, but referred me back to rep.#1 anyway.
4.) 11/14/14- Another phone conversation w/#1 about weekly customer care meetings, next one being 11/20/14. He requested documentation for presentation. I sent it; he received it.
5.) 11/24/14- Called #1- not available for feedback until 12/2/14.
6.) 12/2/14-Called #1- who recommended I email #4 rep, the Director via builder website. This was the first direct communication with Director, initiated by me.
7.) 12/5/14- called Customer Care to verify receipt of 12/2 email. Later same day, received email from #4 Director, verifying that she had received email of 12/2 via website. #4 further stated, "The doors that were installed were to code. A homeowners responsibility is to maintain their home. Please see the guidelines for repainting your home after 2-3 years."
8.) 12/22/14 hard-copy letter from #4 Director giving specific info on door, saying it was an exterior door that came with a one year warranty from the manufacturer. Further, I was again referred to the brief homeowners manual section which talks about repainting "...has a tendency to increase the life of these doors."
The previous enumerated statements are for clarification and correction purposes. My rebuttal is as follows:
Builder's rep seems to be focusing on paint while my focus is the door itself i.e. - The door for interior-use- only was misapplied and used as an exterior door; even passage of time cannot change that
It was observing the curious disintegration of some neighbors' door moldings, that turned my focus to my own door, where I noticed the small cracks developing, not in the paint, but at the place the raised moldings attach to rest of door. Over the ensuing years, as the cracks opened up more and extended, I twice attempted to slow the disintegration using filler.
It was Spring 2014 when I first learned that the doors were not manufactured for exterior application.
As for the door supplier's verification, "...this door is used for front doors by several builders in 2006." - I'm not sure what to make of that, but it does not change my claim.
Thank you for this opportunity to be heard. L
Final Business Response /* (4000, 9, 2015/04/27) */
Under Consumer Response to Business Response, item 2) we don't have a letter dated November 12, there is not a copy since this letter does not exist.
This claim shouldn't be a valid open claim for several reasons;
1. This home closed July 7, 2006 approximately 8 years & 10 months ago. Per CA SB 800 law, this is way past the statue. That is why the Contractors State License Board closed their file since no violation exists since there is no jurisdiction.
a) California Civil Code Sections 895 to 945.5
(3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, Heating Ventilation & Air Conditioning units, counter tops, cabinets, paint, and appliances shall be installed so as not to interfere with the products' useful life, if any.
(B) For purposes of this paragraph, "useful life" means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance.
(C) For purposes of this paragraph, "manufactured product" means a product that is completely manufactured offsite.
(D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages.
2. As explained previously in the letter dated December 22, 2014 sent to this homeowner, we talked to the supplier Pacific Door, & they provided a one year warranty on this front door.
a) Our builder's warranty is a 1 year limited warranty agreement, which was signed at the time of purchase, but this door was warranted by the supplier for one year. Per Section 8 of the limited warranty agreement states; CONSUMER PRODUCT WARRANTIES ASSIGNED TO HOMEOWNER: Builder hereby transfers, assigns, and passes through to you any and all manufacturer or supplier warranties on consumer products to the full extent permitted by law. You must make claims directly to the supplier or manufacturer under those warranties if there are defects in consumer products covered by those warranties. You should be aware that some consumer product warranties started when the deed conveying the house to you is recorded or when you first occupy the house, whichever occurs first. You should review the consumer product warranties which you receive and make yourself aware of when such warranties start and end.
3. In the homeowner manual provided to the homeowners we specifically cover panels on doors and how they shrink and expand. Under the Doors and Locks performance standards we specifically state;
Panels may shrink and expand in some wood doors. This is normal and no repair will be provided.
4. This home passed our local government agencies inspections throughout the building process, and when this home was built 2006, per the door supplier, this front door in questions was used by several builders. Our supplier's letting us know that there's nothing stating this door is only for indoor use when this home was built and we were not the only builder that used this door during the time this home was built.
At this time we has provided plenty of information so this claim should not be valid due to the CA SB 800 guidelines, and the limited warranty agreement that was signed at the time of purchase. On top of the legalities of this matter, we provided this homeowner along with all our home owners with home maintenance suggestions for them to protect their investment which is their home.
Thank you,
[redacted]
We are counsel for Wathen Castanos Peterson Homes, Inc. [redacted] Peterson forwarded to me a copy of your letter of August 26, 2016, regarding the above-entitled matter. Please consider this as the response from Wathen Castanos to the Revdex.com complaint from Mr. & Mrs. [redacted]. The customer service team...
at Wathen Castanos, including Steve [redacted] and [redacted], has won numerous industry awards for excellence. These awards recognize the timeliness, responsiveness, and professional manner in which Mr. [redacted] and Ms. [redacted] do their jobs. Wathen Castanos disputes in the strongest possible terms any accusation that either of their representatives were rude or unresponsive to the [redacted]s' concerns. The truth of the matter is that my client simply declined to accede to the [redacted]s' unfounded demands. The [redacted]s' complaints about their home began before they had even closed escrow. During the pre-closing walk through process on their home, they expressed concern that the "broom marks" in the concrete on their rear patio made the concrete "look dark" and "out of level". Wathen Castanos explained to the [redacted]s that the broom marks in the concrete finish were normal and that the concrete on the [redacted]s' patio and exterior flatwork was all finished with a broom finish. The "broom marks" are part of the finish itself, not a defect. The model home which the [redacted]s viewed prior to purchasing their home also has broom-finished exterior concrete flatwork and patio. As an accommodation, Wathen Castanos offered the [redacted]s the opportunity to cancel their purchase and receive a full refund of their deposit, but the [redacted]s elected to close escrow nonetheless. In so doing, they accepted the condition of the exterior concrete at their home.The [redacted]s also submitted several requests for customer service during their 1-year limited warranty period. These requests involved fence pickets, cracked ceramic tile, and drywall. Each request for service was responded to promptly and repairs were made. Certain of the items were repaired as a courtesy because the complaints were not warrantable items. One of my client's trade partners even replaced a cracked tile after the 1-year warranty had expired, also as a courtesy to the [redacted]s. Every service request the [redacted]s submitted was addressed and Wathen Castanos, as of this date, has no pen work orders for the [redacted]s' residence.The [redacted]s' complaint also mentions a slow drain in their guest bathroom shower. Contrary to the wording in the [redacted]s' complaint, which suggests that they do not use that bathroom, on my client's last visit to the [redacted] residence, Mr. [redacted] acknowledged that his wife does use that shower frequently. Mr. [redacted] was advised that the home is out of warranty and that a slow drain is a homeowner maintenance issue. It was recommended that he call a plumber. Wathen Castanos strives to build homes which exceed the expectations of their customers. On rare occasions, those expectations are unreasonable and cannot be met. Wathen Castanos has responded to every customer service request the [redacted]s have made in a timely and professional manner. The [redacted]s' real complaint is that my client will not replace broom-finished concrete which has "broom marks" in it. The "broom marks" are part of the finish itself, not a defect. There is nothing unreasonable or unfair about a builder who will not replace work which is not defective and, in fact, represents a standard of finish which is consistent with the model homes for the project and the standard in the industry.Should you have any questions, or need further information, please feel free to call.
Initial Business Response /* (1000, 5, 2015/04/15) */
Contact Name and Title: [redacted]
Contact Phone: XXXXXXXXXX ext [redacted]
Contact Email: [redacted]@wchomes.com
To: Revdex.com
1. This home closed in 2006, & this HO never mentioned anything until November 2014.
2. We contacted our Door...
Supplier, & he did verify that this door is used for front doors by several builders in 2006.
I have copied our response to the CSLB for this same complaint filed by this same HO below.
The builder (us) has a one year limited warranty.
In November 2014 we received a call from [redacted] she was unhappy with her front door located at [redacted] W. King Fisher Lane, [redacted] CA XXXXX. [redacted] spoke to [redacted] to find out her complaints in regards to her front door, which are were;
1. [redacted] is on the architectural committee. She states that she knows that her front door is really an interior door.
2. [redacted] mentioned there other doors worse than hers and that 1 was repaired and 1 replaced.
3. She is asking for herself and that as other doors begin to deteriorate what should be her response to the other homeowners who will come to her.
On November 21, 2014 we sent [redacted] a response in writing explaining to her this is non-warrantable item since her home closed escrow July 7, 2006. The letter had the following explanation,
"Thank you for your contact. We hope you are continuing to enjoy your home and community at European Bluffs. I brought your concern to our weekly department meeting for review. One of the bigger struggles that we face in the valley is our extreme (and dry) heat season. The concern you have is evident and we hope we can offer some direction for you. To review:
1. Item: Front door weathering condition.
a. Due to the extremes of long hot summers and cold winters it has been found that if exterior painted surfaces are not periodically coated with a durable exterior paint (as needed) that not only will the front doors deteriorate but so will stucco molds (small trim that surrounds the exterior doors) and fascia boards. Added to that, homes that have the longer direct sun on them suffer even more. It has also been the case that homes that have been painted periodically have held up well. With the extent of damage that appears on the surface of your door it may be that replacement would be the best course of action.
2. When homeowners approach you in your community, with your position on the board, how should you respond:
a. We find that by having a planned maintenance of exterior painting will help mitigate the problems seen with front doors and exterior trim.
b. Also to keep in mind that when state and federal standards for paints had changed over the years and lead was removed, that did decrease the durability of the paints. Paints today are still of good quality and better paints will cost more, however, they still do not hold up as well as the paints of yesteryear. Keeping this in mind will help us to understand that even though the homes are painted, heat will breakdown the coating over time. A onetime paint from production will not serve to protect the surfaces under it for years. Upkeep of cleaning or repainting is a must.
On December 22, 2014 we sent [redacted] a 2nd response in writing explaining to her these are non-warrantable items since her home closed escrow July 7, 2006. We explained to her the following;
In regards to both of your doors, we discussed them with our door manufacturer Pacific Door, we concluded with the following;
1. Front Door - is an Infinity Solid continuous particleboard core wood door, which came with a one year exterior door warranty from the manufacturer. In the Manual that you were provided from your Sales person prior to close of escrow, in the Exterior Section on page 11 goes over the
"Exterior Finish - Doors
Painted wood - We recommend that you plan to repaint all your exterior wood doors every two to three years. Past experience indicates this has a tendency to increase the life of these doors."
Homeowners that followed these recommendations continue to have a door that serves them well.
2. Fire Door - Fresno's 20 minute rating doesn't require the plate. You have a 1 3/4" Solid core fire door.
Both door items do not fall under the builders one year limited warranty, or State of CA 10 year structural requirements.
The home located at [redacted] W. [redacted] Lane closed escrow in 2006, these door items were not brought up within her warranty period, so we feel these are non-warrantable items.
We hope this information is helpful.
Thank you,
Initial Consumer Rebuttal /* (3000, 7, 2015/04/22) */
(The consumer indicated he/she DID NOT accept the response from the business.)
1.) 11/10/14- Initial call to Customer Care rep.#1 - not available. I sent an email to address on his business card.
2.) 11/12/14- Follow-up phone call to rep.#1 - not available. Receptionist/rep.#2 said she would send him an email to return my call.
(BTW - I do not have a copy of the above-mentioned response letter from "We", dated Nov. 12, 2014, but I would like to have it.)
3.) 11/13/14- Rep.#3 called back on behalf of #1, saying my door issue was "outside the box," not falling into any of the 3 builder's warranties, but referred me back to rep.#1 anyway.
4.) 11/14/14- Another phone conversation w/#1 about weekly customer care meetings, next one being 11/20/14. He requested documentation for presentation. I sent it; he received it.
5.) 11/24/14- Called #1- not available for feedback until 12/2/14.
6.) 12/2/14-Called #1- who recommended I email #4 rep, the Director via builder website. This was the first direct communication with Director, initiated by me.
7.) 12/5/14- called Customer Care to verify receipt of 12/2 email. Later same day, received email from #4 Director, verifying that she had received email of 12/2 via website. #4 further stated, "The doors that were installed were to code. A homeowners responsibility is to maintain their home. Please see the guidelines for repainting your home after 2-3 years."
8.) 12/22/14 hard-copy letter from #4 Director giving specific info on door, saying it was an exterior door that came with a one year warranty from the manufacturer. Further, I was again referred to the brief homeowners manual section which talks about repainting "...has a tendency to increase the life of these doors."
The previous enumerated statements are for clarification and correction purposes. My rebuttal is as follows:
Builder's rep seems to be focusing on paint while my focus is the door itself i.e. - The door for interior-use- only was misapplied and used as an exterior door; even passage of time cannot change that
It was observing the curious disintegration of some neighbors' door moldings, that turned my focus to my own door, where I noticed the small cracks developing, not in the paint, but at the place the raised moldings attach to rest of door. Over the ensuing years, as the cracks opened up more and extended, I twice attempted to slow the disintegration using filler.
It was Spring 2014 when I first learned that the doors were not manufactured for exterior application.
As for the door supplier's verification, "...this door is used for front doors by several builders in 2006." - I'm not sure what to make of that, but it does not change my claim.
Thank you for this opportunity to be heard. L
Final Business Response /* (4000, 9, 2015/04/27) */
Under Consumer Response to Business Response, item 2) we don't have a letter dated November 12, there is not a copy since this letter does not exist.
This claim shouldn't be a valid open claim for several reasons;
1. This home closed July 7, 2006 approximately 8 years & 10 months ago. Per CA SB 800 law, this is way past the statue. That is why the Contractors State License Board closed their file since no violation exists since there is no jurisdiction.
a) California Civil Code Sections 895 to 945.5
(3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, Heating Ventilation & Air Conditioning units, counter tops, cabinets, paint, and appliances shall be installed so as not to interfere with the products' useful life, if any.
(B) For purposes of this paragraph, "useful life" means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance.
(C) For purposes of this paragraph, "manufactured product" means a product that is completely manufactured offsite.
(D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages.
2. As explained previously in the letter dated December 22, 2014 sent to this homeowner, we talked to the supplier Pacific Door, & they provided a one year warranty on this front door.
a) Our builder's warranty is a 1 year limited warranty agreement, which was signed at the time of purchase, but this door was warranted by the supplier for one year. Per Section 8 of the limited warranty agreement states; CONSUMER PRODUCT WARRANTIES ASSIGNED TO HOMEOWNER: Builder hereby transfers, assigns, and passes through to you any and all manufacturer or supplier warranties on consumer products to the full extent permitted by law. You must make claims directly to the supplier or manufacturer under those warranties if there are defects in consumer products covered by those warranties. You should be aware that some consumer product warranties started when the deed conveying the house to you is recorded or when you first occupy the house, whichever occurs first. You should review the consumer product warranties which you receive and make yourself aware of when such warranties start and end.
3. In the homeowner manual provided to the homeowners we specifically cover panels on doors and how they shrink and expand. Under the Doors and Locks performance standards we specifically state;
Panels may shrink and expand in some wood doors. This is normal and no repair will be provided.
4. This home passed our local government agencies inspections throughout the building process, and when this home was built 2006, per the door supplier, this front door in questions was used by several builders. Our supplier's letting us know that there's nothing stating this door is only for indoor use when this home was built and we were not the only builder that used this door during the time this home was built.
At this time we has provided plenty of information so this claim should not be valid due to the CA SB 800 guidelines, and the limited warranty agreement that was signed at the time of purchase. On top of the legalities of this matter, we provided this homeowner along with all our home owners with home maintenance suggestions for them to protect their investment which is their home.
Thank you,
[redacted]