ComplaintsforBall Homes, LLC

• Initial Complaint

  03/09/2022

  Complaint Type:

  Delivery Issues

  Status:

  Resolved

  More info

  We went under contract for a home under construction during a five day contract/offer process set by Ball Homes. As the home went into final construction phase we noted the tile backsplash in the kitchen and butlers pantry was not installed in the proper manner-the installer made his own designs instead of the mosaic on the spec sheet. The issue was pointed out and our realtor was informed they would not fix the issue and noted several other individuals were lined up to buy the house; essentially a take it or leave it. We provided multiple ways for Ball Homes to address the issue, asking them to fix or to provide a credit at closing so that we could have it replaced, all of which were rejected. Now, the Ball Homes representative is threatening to keep our earnest money deposit if we do not take the house as is, again, despite telling us to take it or leave it and that many other people were lined up to buy the house. All we want is the issue addressed satisfactorily or let out of the contract so that Ball, once again in the words of their representative, can sell it to the many people waiting to buy it.

  

  Business response

  05/17/2022

  Business Response /* (1000, 5, 2022/03/11) */ We can confirm that the customer is under contract to purchase a home from us, and that we have reviewed and responded to their concerns about the backsplash. We have used this backsplash in other homes, including a model/Parade Home. In reviewing the customer's complaint, we compared photos of the backsplash in the home in question (with lights on and lights off) to the model and to another home under construction and found the home in question to be in keeping with the style of the other homes. The backsplash, which is composed of a series of tiles pre-attached to a wire mesh, can vary somewhat in appearance when installed as each mesh sheet has its own design and the installer has some discretion in how they are placed. It may be subjective how each final product looks, but no mistake was made by the installer. We have shared the photographs of the home in question with the customer as part of our explanation, and those photographs as well as the ones used for comparison are attached to our response. As we explained to the customer, the backsplash is not improperly installed, although it may not meet with their approval. We declined their request to replace the backsplash and also declined their request to credit them $5000. They can still elect not to purchase the home, as the agent may have noted. As the Seller, we have not had any conversation regarding the earnest money with the customer or with the listing or selling agent. The listing agent likely thought it prudent to mention the possible risk should they seek a release from the contract for this type of reason. It is at the discretion of the Seller how the earnest money will be handled if the Buyer seeks a release that is not related to a contingency in the contract. We will gladly release them from the contract and return the earnest money if they are not happy with the purchase. Thank you for the opportunity to respond to the complaint. Consumer Response /* (2000, 13, 2022/03/23) */ We appreciated and accepted the offer from Ball to release the contract and return the earnest money.

• Initial Complaint

  12/08/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  **** Homes installed the incorrect dryer vent cap on the outside of my house. My dryer was not drying properly because the dryer vent has a screen on it which is a violation of Knox County's Building Codes. It is a fire hazard. Per 2018 International Mechanical Code (Knox County uses these codes) > Section 504.4 - Exhaust Installation > "Screens shall not be installed at the duct termination". I need the dryer vent corrected before my house burns down. I emailed customer service and they did not get back to me. My next door neighbor has the same issue and another neighbor mentioned they changed his without asking. Obviously they know there is an issue and not an isolated incident.

  

  Business response

  12/16/2021

  Business Response /* (1000, 5, 2021/12/10) */ We exchanged emails with the customer around the same time that the complaint was being filed and the repair was completed on 12/10/21. It does sometimes take longer than 24 hours for us to respond to a customer service email, as the process of following up on it may include multiple steps before we have an answer to relay. We are also working with the customer to answer some additional questions about how the bath exhaust fans are vented and expect that to be resolved sometime next week. Thank you for the opportunity to respond to the complaint. Consumer Response /* (2000, 8, 2021/12/11) */ Ball Homes finally responded and fixed the issue.

• Initial Complaint

  10/12/2021

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  This dates back to the installation of the sod shortly after closing. We received improperly laid and unhealthy sod which resulted in large voids in between the sod. The ground was also improperly prepped as they did not break up the hardened clay soil nor was it amended with any top soil. There was no final grading done which left low spots from the rough grade that allowed pooling of water and algae to form. On the Eastern side of the house the run off combines with the neighbor and encroaches on our foundation creating a potential to erode soil from the foundation. The sod and soil was identified to the builder very soon after it was laid down and has continued to be an issue to this day. We paid to have additional sod above and beyond what is provided standard. They have not been willing to hear our concerns but rather they go off of one worker's opinion. We have asked numerous times for a sit down meeting with a senior level of management but it keeps getting ignored.

  

  Business response

  05/17/2022

  Business Response /* (1000, 5, 2021/10/18) */ We have corresponded with this customer several times regarding the yard, which is the subject of the complaint. As we explained to the customer in our letter of October 12th, this property has been reviewed for these concerns on more than one occasion by our Warranty Service Manager, who has considerable experience with these matters and with our warranty standards, and it has not met the criteria to be deemed deficient or warrant any type of additional work or repairs. Specifically, our Warranty Service Manager visited the home to evaluate the drainage complaint on Thursday 9/2/21, with one of the homeowners present. According to the National Weather Service Forecast Office archive, the area received rain throughout the day on Tuesday 8/31 followed by an additional minor shower the morning of Wednesday 9/1. His visit was made within 48 hours after the rain event ended and there were no areas that meet our warranty requirements for repair, and the homeowner in attendance at the meeting could not identify any areas of standing water. A photo provided of water running alongside the house during heavy rain showed a normally functioning drainage easement carrying water away from the house. In our observations, the general appearance of the lawn is healthy. Although many aspects of new home construction are subject to the personal approval and acceptance of the homebuyer, the drainage design, grading and sodding of the yard are subject to completion according to the construction performance guidelines as shown in the written warranty standards. We have supplied the customer with the relevant standards from the 2-10 Warranty, and are attaching a copy of the section regarding drainage with our response to the complaint. We declined their request to have the yard re-graded, additional topsoil added, and re-sodded. Establishing a new lawn in a new construction environment does require considerable investment on the part of the homeowner, and the native soils that are present in a given area will have an influence on the needs of the lawn as well. During development the native topsoil layer is removed and stockpiled, so that construction can take place on properly compacted earth, and after construction of the home the topsoil is replaced from the stockpile, graded, and sod is laid. It is not part of the scope of what we do to amend the soil or improve it, or to facilitate the development of the turf. The only aspects of the 2-10 Warranty that relate to the yard are the drainage specifications for a defined area near the home. Any additional amounts paid for sod would relate to the customer opting to have areas of the yard sodded where they would have normally been seeded and strawed. We believe in light of our correspondence with the customer that they have explained their views in detail and on several occasions, and we have responded. We have met in person to review the yard, and we believe we have sufficient information to make a warranty determination. As we provided a clear response based on our observations and the written warranty standards, and have reviewed the situation with management, we declined to meet for further discussion. While we certainly do value customer satisfaction, we recognize that in some circumstances we will not be able to reach a mutual agreement. We are sorry not to have met their expectations with respect to the yard. Consumer Response /* (3000, 8, 2021/10/20) */ (The consumer indicated he/she DID NOT accept the response from the business.) This complaint is to have the final grading performed and the top soil to have a healthy lawn. This is not exclusively about drainage but it is a contributing factor and shows the lack of proper final grading and soil amendments which have also affected proper growth of the purchased sod. Our neighbors received numerous trucks of top soil dumped in their property, we received ZERO! You can look at our property and their property and there is a clear difference in performance of the sod and they have no sod lines and theirs was laid after ours. The sod was laid after closing and was a condition of closing and it was documented on our "Final Walk Through" documentation along with the FINAL GRADING. This was NOT accepted as being complete or satisfactory from the very beginning. You can still visit the property and clearly see the sod lines and squares where the sod did not take. The sod that was received was not healthy and 7-8 inches in length as well. When it was showing signs of distress following their suggestions for watering, we contacted the foreman and the sales agent. I have emails to the sales agent right after installation expressing concerns about the property preparation and the sod condition when received. We requested visits and action to take place over a year ago and they said they would send someone out but that didn't happen. We brought it up at our 6 month and our 1 year warranty periods to the Warranty Service Manager. After one year, you should not be able to see sod lines in the yard. We have had a lawn professional that has monitored the situation and they said that their recommendation is to have the property properly regraded for drainage, the soil amended with top soil (as was told to us would happen but didn't) and have new sod installed. The native soil referenced is CLAY, due to the clay we were told the soil would be amended before the sod was laid due to the soil compaction that is seen throughout the neighborhood. No one has come out to take a soil sample or dig to confirm that the amendment did not happen. In response to the following- "In our observations, the general appearance of the lawn is healthy." We have provided pictures in this complaint to the contrary and someone can even come out today and observe the status. The Warranty Service Manager referenced has developed a personal issue with us and this has been brought to the attention of the Customer Service Manager. As a result of this issue, we have requested numerous times through multiple emails, a request to meet with a member of senior management to present documentation and discuss the concerns and issues we have experienced. This has been ignored. For drainage we have applied multiple soil treatments to try to improve drainage and soil compaction but it is still not draining fully and develops a top layer of algae in places of ongoing water. The dates that they reference they say we received rain but rain volumes can vary greatly even inside a widespread rain event. A person can visit the property and clearly see something is not right. For the photo provided to the builder with run off, it is clearly shown that the out flow of water is in direct violation of the 5 foot easement as it is up to our foundation which is approximately 7 feet from the property line. It shows from the large quantity of water pooling on our property, with out the same affect on the neighboring property, that our property is clearly lower than that of the neighbor which further shows the lack of proper grading and soil preparation. This is our 3rd house we have built and have never had such a poor experience previously. We are people that like to give others the benefit of the doubt and give opportunity to fix mistakes, as would show through our patience and communications with Ball Homes, but it appears that the Warranty Service Manager's personal issue with us has spread through the office as we have not been given any opportunities to share our side and show anyone the mess we have. All we would like to have out of this is a yard that is draining property and not have the risk of someone twisting their ankle from the seams and patches of the failed sod installation. This is all we have been looking for and still requesting. We are not asking for anything outside of the original scope of work and asking for Ball Homes to stand behind their customer service commitment they claim in their Core Values listed on their website: "We value our customers by being sensitive to their needs and providing a quality product that represents good value." Having one person's personal opinion who has demonstrated a skewed view is not following the Core Values with customer commitment. Dismissing requests to discuss with management and present photos and documents demonstrating our concerns is not in line with the "Thank You" statement. All it takes is for a sensible person to review our land and make an observation and they will quickly realize that a mistake was made and it should be corrected, that is all we want. Business Response /* (4000, 10, 2021/10/21) */ We see the customer's response but not the photographs referenced in it ("We have provided pictures in this complaint to the contrary". Please advise. Thanks. Consumer Response /* (4200, 12, 2021/10/30) */ (The consumer indicated he/she DID NOT accept the response from the business.) The following pictures show from install to current, you can find the dates the photos were taken in the description. They all show a consistent degree of failing material from the install. In photo 20200721_1 you can see that the immediate soil underneath the sod is clay. In photo 20200721_2 you can see the clay mixed with rock material. In photo 20210612_1 you can see the netting and the algae formed on top of the clay. In photo 20211021_1 you can even still clearly see the sod outlines. In photos 20211021_2, 20211021_3, 20211021_4 you can see the consistently poor condition of the grass with widespread bald spots along with an algae layer and the netting. The bald spots, the gaps between where the sod was laid and the general health of the lawn has concerned us from the very beginning and continues to concern us. Just after install 20200721_1 20200721_1 January 2021 20210101_1 20210101_2 June 2021 20210612_1 20210612_2 20210612_3 20210612_4 October 2021 20211021_1 20211021_2 20211021_3 20211021_4 Business Response /* (4000, 14, 2021/11/09) */ We have reviewed the photographs of the yard as submitted to the BBB. We do see that there are some bare spots in the yard and some areas where the turf would benefit from filling low spots and overseeding, or topdressing. We also agree that the topsoil in the area is predominately clay and has some residual amount of gravel and small rock from construction. However, we remain of the view that the condition of the sod and the quality of the soil are within the norms of new construction. A new lawn requires a significant amount of effort on the part of the homeowner while is establishing, including the kind of overseeding and filling that will allow the grass thicken and fill in bare spots. The thickening of the turf over time will also improve the absorption of groundwater and reduce muddy spots and surface algae. This kind of lawn care is a homeowner maintenance responsibility. We understand that the customer is unlikely to be satisfied with this response as they have been unhappy with our previous responses, and we are sorry that the yard does not meet their expectations. Consumer Response /* (4200, 16, 2021/11/10) */ (The consumer indicated he/she DID NOT accept the response from the business.) In a previous response, it was declared the lawn was "healthy" but now the view has changed and blame is attempted to be placed on us again. This has all been judged based on one person's opinion whose view of us appears very negative and has refused to have any reasonable discussions to occur. We remain in the stance that we did not receive final grade nor topsoil that was documented in our "Final Walk Through" which was part of the included package in the purchase price of the home. We even purchased expanded sod to extend to the property lines. This concern/complaint has been documented many times: soon after install, at the 6 month follow up and again at the one year. Not entirely sure how a company can wait a whole year later to make any kind of a realistic evaluation of the situation. When the earth is not properly prepped to receive sod, it will not perform. When the grading is not properly prepped, it will lead to unhealthy lawn conditions. This would be like improperly preparing a driveway, not digging it out deep enough, not back filling with enough rock (we have a crack in our driveway), and general poor preparation. Then having it fail a month later and saying "it isn't covered under warranty". Proper preparation is important to anything you do in the construction world. The business has failed to uphold the contract and address the grounds documented in their own supplied "Final Walk Through" document that was mutually agreed upon prior to close. There are many issues with fit, finish and quality of the house that were not brought up during the Final Walk Through and are not being sought after. The grounds however are one that was documented and was never satisfactorily completed. All we want is a safe, functional, healthy lawn that we can enjoy without worrying about twisting an ankle due to the sod gaps and dead patches. Who gets the vet bill from our dog getting hurt from getting tangled in the exposed sod netting? We have been very patient and reasonable through this request and given ample opportunity for the issue to be corrected over the many conversations. Business Response /* (4000, 18, 2021/11/19) */ We realize the customer is unhappy with our response. We have been over all of these points in our previous communications and do not see that we are reaching a better understanding. To recap, no one has taken a personal dislike to the customer or refused to consider their communications. The yard prep and sod met industry standards at installation and are generally healthy now, with the ongoing remaining care needed for the lawn to completely establish to their satisfaction being a homeowner maintenance responsibility. The final grade, topsoil, and sod were subject to completion in the walk-through agreement, and also subject to a completion escrow agreement on the settlement statement. They were all completed to industry norms and the completion escrow was released to Ball Homes by the third party inspector as per the normal process. The customer may have misconstrued the walk through agreement. While it is important that homeowners notify us of sod that is unhealthy at installation (yellow, excessively dry or stressed) and might not respond to appropriate care, this was not the case as evidenced by the generally healthy appearance of the lawn. While some aspects of the home are subject to a certain level of review and approval by the homeowner, the final grade, topsoil, and sod, all of which were completed, are governed by industry standards and do not require the discretionary approval of the homeowner.

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