Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:11/18/2022

  Type:Product Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  My husband and I rent homes in ** each year from January through March. Last year we rented in the ********* area, the ********* of ********** We paid a security deposit of $250 to Homes of America for our 2022 stay. We had planned to repeat our stay for the 2023 season with the $250 amount to be rolled over into the next year as stated in the contract drawn up with the owners, **** and ***************************. Unfortunately the contract was mutually cancelled due to ************* being diagnosed with serious health issues, which led to the subsequent sale of their home. When we vacated the home, it was left in excellent condition as verified to Homes of America by ************. I have been trying since April of 2022 to get our security deposit returned, but Homes of America is not complying with my numerous requests. I have sent them a copy of the check, both front and back, and the portion of my bank statement which shows that the amount was paid.I even located the bank routing number and account into which the money was deposited. Homes of America representatives tell me that the said check was not deposited into one of their accounts. They thought perhaps that it went into **************** accounts. This, however, is not the case because he thoroughly checked all of his accounts. He is willing to share any of this information with them and BBB if necessary. I have e-mails from Homes stating that the $250 was received. I am willing to provide any documentation necessary to resolve this problem. We followed every guideline concerning the condition the house was left in. Since my check was written to Homes of America, and endorsed by them, no matter where the money was deposited, it is not my fault or Mr. and *******************. I am with the firm conviction that the responsibility lies with Homes of America. I want the money due to me refunded. Please let me know if there is any further documentation needed.Thank you for your kind attention to this matter.***************************

  Business Response

  Date: 11/22/2022

  We are aware of this issue and actively investigating the same; having only just this last week communicated the same with the guest and updated her on the progress. This complaint has been registered against Homes of America Realty which is inaccurate as Homes of America Realty did not take the payment. Homes of America Management took receipt of the check on behalf of the homeowner *********** and the check was deposited. When the guest raised the issue of return, we responded immediately and consistently in order to keep her updated as to the progress of her inquiry. The bank cannot to date find the check and which account it was deposited into and cannot discount that it was possibly deposited into *************** account. For this reason, the money has not yet been returned to the guest as it is currently not showing in any account held by Homes of America and so we cannot pay money we do not have. The case proceeds and I personally am chasing the bank every couple of days on this but can only go as fast as they come back to me and I am on them, chasing them. Once we have confirmation of where the money was deposited , if indeed it was deposited, we will be happy to return that money back to the guest. We have explained this all out to the guest and understood she was comfortable with this way forward. I will endeavour to keep her informed on this matter as I have from the start.

  Customer Answer

  Date: 12/04/2022

  (The consumer indicated he/she DID NOT accept the response from the business.)
  Thank you for the opportunity to respond to the business, Homes of America. First, I do want to clarify that it was my error registering the complaint against the name Homes of America Realty. I meant Homes of America Management. When their address on the BBB form showed up on the screen as an option, I selected it without seeing the name because the address matched what I had in my records...a very honest mistake.
  Unfortunately, we cannot accept their response at this time due to the following facts at hand:
  1) We have brought the matter to the attention of Homes of America fifteen times, the first being Aug. 11, 2022.Given the fact that 100 days have elapsed since our initial request and subsequent communications, we feel that they have had more than a reasonable time to rectify this issue, which they have failed to do. We provided a two week notice of our intent to file on Nov.18,2022, but received no input from them until Nov.18, 2022, after the filing was completed.
  2) Our check was written to Homes of America on Nov.10,2021. By their admission and the evidence on the check itself, one of their employees endorsed said check, and deposited it into an account. The fact that they cannot determine into which account it was deposited, is not a problem that we, as consumers, can solve.
  3)There is no question that we totally agree that Homes of America has not ever disputed the fact that the $250 Security deposit was not due back to us, nor was there ever any indication from them to withhold our refund. Yes, they were in contact with us, and at first we were comfortable while they searched various banks for us. However, it has been quite a long time since a resolution has been reached for us.
  4) The business has not been able to articulate how a check written to the order of them, endorsed by one of their employees, and deposited could have been possibly deposited into an account bearing the names of **** and ***************************, one of their clients. I maintain regular communication with the Vanes. The couple is quite willing to cooperate by submitting any information showing that the amount was not deposited into any of their accounts. They have gone over their accounts many times to find the missing amount.
  In summary, the fact that Homes of America's accounting practices seem to be a bit out of order is, again, not a problem of ours. Given that over 100 days have passed, and they have neither received nor provided any additional answers about our money, it seems highly unlikely that any new developments will occur.
  It is now well beyond a reasonable time for the return of the funds. Should Homes of America wish to continue to locate their discrepancy, it should be done by them at their own expense. All we seek is the $250 security deposit due back to us. Truly, this is a matter where they have indicated that they have received our funds, lost them somewhere, agree that said funds should be returned to us, but haven't done so because they can't find them is not acceptable to us.
  If any further documentation is needed, we will kindly provide anything necessary.
  Once again, we appreciate the chance to respond with our honest feelings. Thank you.
  ***************************
  

  Business Response

  Date: 12/13/2022

  Thank you ***** for the response and your continued patience. You are absolutely right that this has gone beyond a reasonable time for resolution and for that, you have our profuse apologies. I have uploaded a letter from our bank as evidence of the ongoing issue. They still cannot find the funds. Until they can find the funds, Homes of America Management do not have the funds to give to you. It is not a failing on the part of Homes of America. This is a failing on behalf of Truist the bank I am afraid. Every couple of days, I present myself back in front of the bank manager and ask for an update. He tells me that currently the processing team are activating investigating this. I await the outcome. As soon as I have this outcome, we can move forward.
  It has been known in our experience for checks written to Homes of America to be deposited within one of our homeowner's accounts. Whilst not standard, this has been done and so could not be discounted. We too have asked the Vane's repeatedly to check their accounts for the $250 as it is not presently showing up in our account and as you can see from the attached proof, we are actively pursuing this matter with the bank.
  I am so sorry that this means delay but this is literally beyond my control and I am doing all that I can to address it by presenting myself every couple of days at the bank and pushing them to resolve this asap. I will continue to keep you updated as I have previously promised and appreciate your patience.
  See Attachment/File: Scan12-13-2022-105724.pdf

  Business Response

  Date: 12/14/2022

  The money has now been found by the bank and a check is being sent to ***** today.

  Customer Answer

  Date: 12/20/2022

  (The consumer indicated he/she ACCEPTED the response from the business.)
  This week, I received an email notification that the funds in question had been located and the check would be mailed to us.
  Yesterday, December 19, 2022, we did receive the $250 security deposit that was due back to us.
  Our original request has been granted, and we are thankful that the matter has finally been resolved.
  We thank the Better Business Bureau of *************** for their assistance, and we appreciate the time and effort put forth by Homes of America Management to bring this case to closure.