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Complaint Details
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Initial Complaint
02/15/2024
- Complaint Type:
- Order Issues
- Status:
- Answered
I contracted with BBF to build a house. BBF did not complete all the criteria for the under writes in order for me to apply for conditional loan and for me to lock in my interest rate. BBF had sixty days to complete the matter. about 7 days before the Pre-approve letter to expire, they sent me floor plans to approve. I approve them, but he did not complete them until after the 60 days. I also later so where he wrote up the contract a different parcel than my parcel. BBF Contract is with someone on Grergory St. My location is on West Godfrey. We have no contract. I sent him a 15,000 dollars on July 28, 2023. After I discovered that mt lending company and BBF were working together to extort money out of me. I requesting the rest of my money which is $5750. I have sent you emails to prove my matter. BBF states they incurred expenses when doing the plans. Again the plans where not for my property. Please see the Gregory address on the contract. He also sent me the wrong plans rushing to get it done before the deadline. i will also be filing a complaint against the lending company.Business response
02/16/2024
BBF first received a call from the respondent in early May 2023. Through that time BBF worked up some design criteria/rough plans and rough pricing for him to consider. On June 8th he received a pre-approval letter from his chosen lender and forwarded it to BBF with no further information provided. At this point we were not under contract and had not heard from him in over a month. Finally, in late July, after speaking with the respondent; BBF generated a contract, collected a deposit for plans and project start up. BBF forwarded the signed/executed contract to the respondents bank on 7/28/23 and after receiving the deposit (via mail) approximately a week later (8/3/23), BBF began working on the plans.
Drafts were sent back and forth between BBF and the respondent and the final floor plan was approved by him on 8/28/23, fifteen days after deposit receipt. The final engineered set of plans for permitting was completed on 9/5/23 and forwarded to the respondent and his lender for their records. All other requirements/documents/information that was required from BBF was sent to the respondent's lender on time IRT to his pre-approval letter. BBF continued gathering additional documents and started working on addressing and permitting applications and on 9/6/23, the respondent told BBF to stop, as he was not happy with the final numbers the lender was providing. So BBF paused and in the period of 9/7/23-9/12/23 the respondent decided not to go through with the project and informed BBF during this window.
BBF offered to builder finance the project, with a larger down payment from the respondent ($60,000 negotiable) to include the $15,000 already deposited. BBF would finance the rest of the build and the respondent could just close on it at the end, since he didn't like the construction loan terms provided to him, by HIS chosen lender. He did not accept BBF's offer for builder financing.
The executed contract the respondent provided clearly states that in Article 3.2 the deposit was non-refundable. Also the contract did not bind BBF to any lender timelines the respondent claims that BBF breached the contract thereunto. Out of good faith, BBF did offer a refund on the contract deposit of $15,000 less the fees incurred for time/plans/overhead for the project. BBF issued and mailed a check for $9,250 ($15,000-$5,750 incurred fees mentioned above) the week of 9/18/23. That check has cleared BBF's bank account. BBF also made sure the respondent had a copy of the engineered plans, since he did pay for those services.
Subsequently, in January of 2024, BBF had bid other work for the respondent (remodel work at a different project address), willing to discount that work to help make up for the $5,750 in fee's that the respondent incurred due to his decision to cancel the project. The respondent did not accept this offer either and has threatened to sue BBF (letter and email rcv'd 2/13/24). The respondent's claim to the BBB, that he is seeking his deposit back of $15,000 is misstated, because he already received (in good faith from BBF) $9,250 of it already in September of 2023 as previously mentioned.
BBF wishes the respondent luck in his future construction needs/desires and pray for his future business relationships, as they will not include BBF.Customer response
02/20/2024
BBF has misled the BBB. I received my Pre-Approval on June 28, 2023. I sent BBF $15,000 on July 28, 2023 and we both signed the contract on July 28, 2023. The pre-approve letter expired on August 28, 2023. I have emailed attachments outlining the matter. Another issue is that the wrong address is on the contract itself. My property is located on West Godfrey in Pensacola, FL. The contract states it is on Gregory street in Pensacola, FL.
BBF drafted the wrong floor plans for my property. It is evident that happen, because BBF sent me for plans for 2bed and 2bath. The contract called for 2beds and 2.5 baths. BBF sent me the floor plans for approval around August 22-24, 2023 for approval. I approved the plans after BBF made the corrections to the floor plans. However, BBF did not get the final plans to the lending August 30, 2023 two after the Pre-approve letter expired. Subsequently putting me in bad situation of not locking in my interest rate which the interest rate went up and it was going cause me to have to put down more money. BBF admitted in their response to the BBB that is was after the pre-approved letter expired they gave the lending company the final floor plans. BBF emailed me stating they pulled permits for my property. I checked with the City of Pensacola and Escambia County to see if permits were pulled they were not. My land was not giving a physical address until December 22,2023. So how could they have pulled permits. The contract states they pulled permits in Santa Rosa County.
BBF did last minute work at the eleven hours and it shows with all the mistakes. I believe BBF and University Lending Group discussed my proof of funds and my ability to pay. University Lending group and BBF have violated consumer protection act. I believe University Lending Group advised BBF that the pre-approve letter was expiring and BBF sent me the floor plans for approval to force me into the contract because in the contract it states $15,000 non-refundable. The lending company called it earnest money. Please read the criteria of the pre-approve letter. BBF and University Lending Group did not meet the deadline. I'm hoping at the end of civil proceedings that criminal charges be filed against BBF contractors and University Lending group.
Business response
02/21/2024
The respondent ignores the following facts:
-When he received his pre-approval letter from the lender he simply forwarded it via email to BBF. This email came with no additional clarification/information/requests/phone calls/texts from the respondent. We we're not even under contract at that point.
-The contract/plans that may have had simple administrative errors, he approved. These would have easily been fixed on a change order/contract addendum...yes the plans and contract were expedited on our end, but that was at the respondents request.
-His "feelings and beliefs" that we've violated the CPA are not proof! BBF adamantly denies the defamation w/o proof, that we violated the CPA. If you ask the lender today (we have), BBF in its' timing with the respondent did not effect his lock-in terms/rates.
-The contract calls out a "non-refundable" $15,000 deposit. BBF in good faith still refunded the balance after costs incurred from the project planning at the request of the respondent.
-BBF offered several options to the respondent to still complete the project with better terms than the construction loan.BBF's beliefs:
-He is blaming his circumstances and lack of due diligence with the lender/rates on BBF. The contract he signed, approved and executed w/BBF was not tied to his lender timelines/loan, except to allow for draws per a lenders draw schedule if he were to secure financing.
Customer response
02/21/2024
BBF Contractors breach the contract. BBF needs to read their contract. You did not show good faith. No work was performed. BBF knows that they have things need to be complete and send to the lending company so they can be sent to the underwriters. University Lending Company and BBF are pointing the finger at each other because they both made mistakes. Good faith will be do the right thing and refund me my money. The contract was wrong. My property is not located on Gregory, your plans were wrong and lied like you pulled permits. Then you said you did not pull permits. I have the email from Mr. Needles stating he pulled permits.
Business response
02/22/2024
We have answered this many times and our position remains the same...please provide the email that states we "pulled" permits...there isn't one that we could find...in all BBF's communications we stated we started the permitting "process," which we did.Customer response
02/23/2024
I’m requesting for BBB to do full investigation from the evidence I have presented. It is obvious that BBF Contractors are dishonest. BBF Contractors claim they did not know about the deadline. Jennifer called them to inform them of the deadline. I put BBF on notice about the deadline. BBB you have a copy of the email. BBF and the lending company tried to force me into building the house under terrible financing and because they had the $15k in their hands. I sent BBF the $15k on July 28,2023. If they started on the plans at that time their should not have been any mistakes in the plans. They immediately made corrections to the plans so I could have approved. However, me approving the plans and them getting the final copy to the lender, the pre approve letter expired.
That is why BBF Contractors sent me the floor plans to be approved. It is obvious that BBF Contractors sent me plans of someone else passing it off as it was designed for me. They want to categorize it administrative error, well your administrative ERROR caused me not to lock in my interest rate and it caused for me to put down a large amount of down payment.
BBB, you have document stated “Letter for the Builder” from the lending company to me. It instructed me to send it to the builder. It references if the builder requires a upfront deposit. University Lending Company solicit for BBF to ask for upfront deposit.
BBB, you a document titled “Hamlet Louis Plans. In this document it stated the $15k is earnest money deposit. Earnest money, a person gets back after failed circumstances. In this document Jennifer tries to save face and disguise the $15k. BBB, you have a document that shows BBF Contractors sent over the final plans to the lending company on August 29, 2023 a day after the pre approve letter expires. The pre approve letter expired on August 28,2023. If BBF Contractors worked the plans since July 28, 2023 then there should not have been any administrative error.
BBB, you have a document next to the last page of this 9 page document that states from Jennifer the lending company to me saying “ I would not have been able to agree to lock in the loan until you have made formal application, had the plans and specifications and finalized and the agreed upon contract”. Jennifer went on to say “ I can not lock in any other rate or guarantee any other rate until you were conditionally approved.
BBB, please look at the contract. The contract itself is dead on it face. My property is in the City of Pensacola, Fl and Escambia County, Fl. The contract states Santa Rosa County. My property is located on **** BLK of West Godfrey. The contract states Gregory Street. I guess those are administrative ERRORS also. BBB, the evidence is there. After this is over, I will be contracting the City of Pensacola Police Department to report fraud on BBF Contractors and University Lending Company. I was going to by pass any criminal proceedings if BBF Contractors have done the right thing.
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Get a QuoteCustomer Complaints Summary
1 total complaints in the last 3 years.
1 complaints closed in the last 12 months.