ComplaintsforFocus Homes LLC Of Florida

• Initial Complaint

  10/27/2021

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  I signed my contract for a focus home August 14 of 2021. I received the first deposit request August 16 and made the initial deposit of $2500. I received the request for the second deposit on October 1st 2021. I made the payment of the second deposit within days of getting the request. Unfortunately, shortly after I paid the second deposit I had to cancel the contract with Focus homes. Focus homes declines to give me a refund of my deposit. I am attaching a letter I wrote to Roger ******* division president of Focus Homes, the letter provides an explanation of my situation. I am requesting that Focus Homes refunds me my deposit of $5,000. The first deposit of $2500 was due upon signing the contract and it was to hold the house. The second deposit per the contract (contract page included) was due upon construction start, or approval of the mortgage. Neither of these have occurred. Construction start was delayed until at least December, and per the email enclosed dated October 14 my mortgaged had not been approved on October 2nd (this is the date I received the request for the second half of the deposit) since I was missing a requirement. I am enclosing the email request for the second half of the $5,000 deposit. Focus homes should refund me my first $2500 deposit since they are no longer holding the house for me, and my second $2500 since they should have never requested the second payment from me until either construction start or mortgage approval, and as per the documentation enclosed neither one of these had occurred at the time of the request for the second $2500.

  Business response

  11/11/2021

  Business Response /* (1000, 5, 2021/11/11) */ To whom it may concern, ****** ****** contacted our internet sales concierge on August 10, 2021. She was scheduled to meet with our sales consultant on August 12, 2021, at 10 am to review the available homes for sale. On August 13, 2021; the Focus Homes Sales Consultant sent a follow-up email explaining the contract process and the requirements to move forward on the home located at******************************************. The Sales Consultant prepared the purchase agreement on August 14, 2021. The Buyer, ****** ******, signed the agreement with the initial deposit of $2,500 on August 16, 2021. There were subsequent emails between MS ****** and the Focus Homes Sales Consultant providing information on the build process and delays impacting new home builders. Ms. ****** asked follow-up questions regarding the timeline and estimated completion dates. The Sales Consultant collected the second Earnest Money Deposit for $2,500 on October 4, 2021. Ms. ****** emailed the consultant on October 13, 2021, to say she wanted to cancel her agreement due to her inability to secure a rental. The Sales Consultant explained that this was not a cancellation reason covered by the purchase agreement and that the Earnest Money Deposit of $5,000 would be retained by Focus Homes. Focus Homes has help our end of the contract with Ms. ******. We completed the permitting process with the intent to build her a home within the two year time frame per our contract. Therefore, we have retained her full deposit per the purchase agreement she entered into with Focus Homes. Thank you. Consumer Response /* (2000, 7, 2021/11/13) */ (The consumer indicated he/she ACCEPTED the response from the business.) I do not accept their response. To whom it may concern, The timelines outlined above are correct, and you are correct that the sales consultant followed up with me and answered my inquiries, she was very helpful from the beginning. I would like to argue the points outlined in the response from Focus homes. First, the second half of the deposit was collected prematurely. Per my letter of complaint, the second half of the deposit was due upon mortgage approval, or start of construction, whichever occurs first. When I received the request for the second half of the deposit, neither one of the above had occurred, my mortgage had not been approved, and construction had not started. Unfortunately, I did not read that part of the contract and paid the second half of the deposit. Bottom line if that the second half of the deposit was collected prematurely and should not have been requested. As far as the full $5,000 and the permitting cost, it was my understanding the original deposit was to secure the house, to hold the house per say. The permitting process had already started, and I am sure Focus homes builds all the fees associated with the construction of the home into the final cost of the house. Therefore, when they sold the house again (it has already sold) the new price of the home will include all permitting and other cost associated with the construction of the house in addition to the $5,000 increase in the cost of the house. Since I initially signed the contract in August, the base price of the house in August was listed at $249,000 and now is $251,000. Focus homes did not lose any money due to my inability to fulfill the contract. Per my previous letter of complaint, I still insist that Focus homes should take into consideration not only my personal situation but the condition of the housing market. My personal situation is such that I had to make the tough decision of cancelling my contract so I could provide my two young daughters a stable home. The housing market is in such a state right now that Focus did not loose any money from me cancelling the contract, in the contrary, they were able to now sell the house for more than it had sold in August. I will continue to pursue this issue until I get an agreeable solution. ****** ****** XXX-XXX-XXXX Consumer Response /* (3000, 12, 2021/12/08) */ I did not accept their response and I replied to their letter. Not sure why this shows resolved when they have not refunded me the money that I am due. I would like this complaint to show not resolved. In addition to trying to resolve this through the BBB I have also consulted an attorney and Focus homes should be receiving a letter from my attorney soon. Business Response /* (4000, 16, 2021/12/23) */ We have further reviewed this file and agree the second deposit was requested prematurely. We will return the customer's second deposit. Complaint Response Date bumped because: Holiday Consumer Response /* (2000, 18, 2022/01/04) */ (The consumer indicated he/she ACCEPTED the response from the business.) January 04, 2022 I am grateful to Focus homes for agreeing to refund me the second half of my deposit. I would like to confirm the address they have in file for me since I have moved. Can someone please contact to confirm the correct address? I accept their proposed resolution and look forward to receiving the refund. Thank you, *************

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