ComplaintsforLandmark 24 Homes of Georgia LLC

• Initial Complaint

  06/12/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  I went under contract with this builder and decided not to continue to pursue this purchase based on the build quality observed, the failure of the builder to comply with the signed agreed to/signed drawings, and the fact that concerns were supposedly corrected but no evidence was made available that these statements were true. The "Release of Purchase and Sale Agreement", has been signed by myself, the builder's sales representative, and the builder. This release directs the builder to disburse my deposit. When I followed-up on the status of this disbursement, I was told the builder changed their mind and the deposit was not being refunded. I seek BBB assistance in getting the full disbursement of $3000.00 back from the builder. I have attached a pdf file "BBB" that includes additional details supporting my position. In addition, the pdf "Release of Contract" is attached and includes the signed "Release of Purchase and Sale Agreement".

  

  Business response

  06/19/2023

  On 5/25/2023, *** ****** ***** terminated the purchase agreement with Landmark 24 Homes.  This was a personal decision and based on his overall perception on the quality of Landmark 24 Homes.  We build and close nearly 350 homes a year.  Our 20 years of experience, operating systems, building processes, quality inspections, and materials being used in our homes allows us to deliver to our customers a home with passed municipality inspections to include foundation, framing, nail pattern, rough in mechanicals, final electric, final plumbing, final HVAC, and final building inspections, 1,2,and 10-year builder warranties on workmanship, mechanicals, and structural components, and manufacturer warranties.   Our build schedules include no less than 6 quality walk throughs on the homes, and we build in time to our schedules for trade partners to come in and perform any corrections.  When *** ***** cancelled, we were less than 30 days from completion and all issues he brought to our attention were addressed or scheduled to be addressed.  Below are specific points to his list of issues. 
  
  House Wrap: The house wrap was installed incorrectly, and specific areas were addressed by the siding company who normally does repairs prior to installing siding.
  Termite Protection: All homes are treated for termites and the certificate is presented at the closing per the clause 9.4 in our purchase agreement.
  Island Plumbing- From time to time, underground plumbing may be off and as a result, we must have the plumbers move the plumbing, and repair the slab where the work took place.  Structural engineers sign off on our repairs and there is no impact to the integrity of the slab foundation.
  Slab Foundation Cracks- From time-to-time concrete can crack.  We have control joints cut into slabs to allow for cracking to take place at the joints as much as possible.  Per the terms of our warranty, we warrant concrete cracks when they exceed ¼ inch in width and/or depth.  Cracks are sealed should they occur, and the seal is a guaranteed sealant signed off by engineering and carries a manufacturer warranty.
  Vinyl Slices- Cutting vinyl is not a short cut but an acceptable repair in most cases.  Again, if there would be any issue with water penetration because of workmanship, we would warrant the repair.
  Framing Wood Damage- Framing is inspected and if there are any damaged pieces of framing which exceed the tolerance levels, we will replace. 
  Back Wall of Cabinet- Sticker was placed to mark where the repair was needed.
  Tubs- We require our plumbers to cover tubs to prevent debris from being put in tubs.  We would correct this and fine trades responsible.
  Metal Siding- Towards end of construction siding is inspected and repaired or replaced before closings take place.
  Walls Crooked- Towards end of construction, we inspect walls and if there are any issues, we repair during a scheduled drywall punch out.
  Lending Partners- We have four lending partners.  Customers can choose to use whomever they like.  If one of our lending partners is unable to qualify a customer or not offer a specific loan type, we entertain offering the closing cost concession to the lender the customer chooses to use. The 3% towards closing cost comes directly from us the builder.  We or the lenders do not dictate rates or qualifying.  All lenders must follow the guidelines established by the **** and are monitored according to the rules of the ****.
  Our termination agreement, see attached,  states the Builder if holding the deposit under the agreement, is hereby directed to disperse said deposit per the agreed upon terms of the Purchase and Sale Agreement.  This means if the buyer is due the deposit back per the terms of the agreement, they will get it, and if it isn’t due back per the terms of the agreement, it is retained by the builder.
  
  I have attached the executed PSA, the signed termination agreement, and a copy of our new home warranty which notes all warranty policies and procedures. 
  
  Although, the terms of our agreement allow us to retain the ***, we are not in the business of keeping ***’s when our customers are not happy.  Our goal is to always do the right thing and deliver the very best home to our customers.  With the rate environment the country is in, we must adhere to the terms of our contract to minimize cancellations.  Had *** ***** allowed the process to take place fully, our inspections throughout and specifically at the end would have resolved many of these issues.  We will refund half of his $3,000 deposit.  This home is back under contract and will be closing shortly.  The $1,500 will account for some of the carry costs we have taken on.
  
  We look forward to hearing from the BBB. 

  Customer response

  06/22/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. I ask that the BBB not close this complaint until the refund has been received from the business as this is the reason for my accepting their proposed solution.

  Thank you,

  ****** *****

   

*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. ↩