ComplaintsforWausau Homes High Ridge

• Initial Complaint

  03/15/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I am soon to be 86 and my wife is 76. We had a new "custom" home built by ******* ******* ***** ***/Wausau Homes (**** *******/****** ****). Our Dream House has turned into a nightmare! To start: We signed the buyer purchase offer and gave a down payment the end of May 2021. We were assured the house, without a basement, would be completed on or before September 30, 2021 so we sold our villa at the end of June. The building on our house was very slow; it was neglected as the builder had good carpenters working on two more expensive homes, larger with basements, not sold, down the street from us. Our house, using a different carpenter, was not finished even after we closed on it Oct. 22, 2021 (without our knowledge); a company came to install insulation in the ceiling after we moved in. A few days later, we discovered insulation spilling out of the cold air return in a bedroom, into the hallway. We notified the builder, whose wife investigated, and said someone would come and clean it up. Nobody came so I (even having COPD) cleaned it up. We were given the new home "2-10 warranty," which requires us to notify the company when we have an issue. The warranty company checks their guide booklet, notified the builder and the builder decides whether to fix the problem. The builder refused to change light switches located in the wrong areas of the walls. (We agreed to change them). Another issue was standing water in the (defective) shower pan. (We decided not to pursue as it meant taking out the whole shower, removing and replacing all the drywall, reinstalling the shower and new pan). All of the window sills in the house are either rough or have splinters; not sanded, just painted. (We are still waiting for the painters to be scheduled). One issue our builder did fix was to have good carpenters install trim around the gaps between the kitchen upper cabinets and the soffit. First major problem: Evidently no builder representative was here when the plumbing was installed and the second bathroom plumbing was not built according to the blueprint we were given. The bathroom was between the second and third bedroom. According to the blueprint, the bedrooms were one foot difference in size with same size closets. Instead, the second bedroom is two feet larger and the third bedroom and closet are each 1 foot smaller. (Requested monetary compensation has been refused). The second problem: Evidently no builder representative was here as the wrong trusses were installed. We had requested an 8 foot ceiling; the trusses were for a vaulted ceiling. It took another week to have the trusses engineered down to 9 ft and lower ceiling joists installed. (We accepted the change in ceiling height). The third problem: The backyard was supposed to be level; it's not and we have a drainage issue. There was supposed to be a level concrete area for a shed. Instead, there is a hill and the shed concrete pad holds water (it is not level, can't be used for a shed). Rain water flows from this hill and the neighbor's yard and is washing away that hillside. With a long, hard rain, water flows from the both hills and from the downspout at the corner of the house and a large pond forms near the foundation of the house. A drainage pipe needs to be installed underground and a 40 ft retaining wall built to hold the hillside. We have an estimate of $5-20K. (The builder refuses to re-grade, will not build a retaining wall, etc., and suggests a black plastic pipe be attached to the downspout on top of the yard. This will not stop the water from the hillsides. He states we changed the excavation swales. We had no voice in the excavation, weren't even present, and protested the hill). The fourth problem: There are 5 closets with sliding doors. All of the doors (10) are defective in that the corners are missing; chopped off leaving unsafe splinters. The (builder's) more expensive house down the street has "normal" closet doors that slide into the notched trim. To sell the house in the future, the doors would have to be replaced. (The builder refuses to replace them). The fifth problem: The dryer vent pipe was installed up the wall to the roof instead of (next to the dryer) out the side wall of the house. When a Sears Home repairman (on 12/8/22) unhooked the dryer hose, he found water in the vent pipe. (The builder, at first, refused to investigate/find the leak, now has told the warranty company it will, since the warranty company has stated that it needs to be repaired). We have asked the builder for the last year to repair/replace these problems. In March 2022, the builder per phone said he would replace the doors, but we would need to sign a non-disclosure agreement; couldn't tell our family, friends, neighbors or post on social media or they would sue us. (We consulted (and paid) an attorney who sent the builder's a "demand" letter hoping to negotiate; the builder just sent a letter referring him to the warranty company and did nothing). These are ongoing issues between us, the warranty company, and the builder. The builder has misrepresented our conversations to the warranty company, and does not want to repair our problems. An ethical builder would have built it correctly at the beginning. Resolution: All 5 closet doors (10) to be replaced - $7,000. towards fixing drainage and retaining wall.

  

  Business response

  04/10/2023

  To Whom it may concern,
  I am responding to a complaint filed by ****** and *** *****. Although their complaint may violate the signed purchase agreement and signed arbitration agreement we will respond as best as possible. The ****** submitted a sales contract on 05/21/2021 to purchase a home on land we owned and home not built yet. We accepted that contract and we attached that contract as part of our proof. We had hoped for a completion date of 09/30/2021 or upon completion, per contract. Both parties accepted these terms. We finished the home around 10/22/2021. With Covid: suppliers, workers, and supply chains we had no idea what we were in for. Suppliers were on allocation. Factories were closed and many workers not working at all, but we pushed to still get the home done in a timely manner. Its unfortunate it took us a few weeks longer, but the ****** could had walked from the deal, but they choose to still close.
  The home had passed all inspections and a final occupancy was given. The ****** did many walks through during construction and did a final walk through prior to closing. We also paid for a 2-10 Warranty at closing. The warranty company handles all warranty claims and acts as a third party. They also supplied them a maintenance manual which I supplied and a warranty guideline book, which was also supplied. We do not own or have any affiliation with this warranty company, if they deem it warrantable we then preform the repairs. It is typical to come and do adjustments. drywall repairs and paint touch ups at 30 days and 12 months. Which we have completed both of those tasks.
  We believe the ****** have submitted 39 warranty requests through 2-10 warranty and we have completed the 2-3 items that were deemed warrantable by 2-10 warranty. The remainder of items were denied, not warrantable, were upgrades or damaged by the ******.
  The ****** have contacted the Mayor, The County, The Inspectors, their attorney, their neighbors and now the BBB. We will continue to service the remainder of their home warranty.
  
  Sincerely
  ***** ****

  Customer response

  04/14/2023

  Complaint: ********
  
  I am rejecting this response because:
  REPLY TO BUILDER’S RESPONSE TO COMPLAINT
  
  ***** **** is evidently confused about the facts of our complaint to the BBB.  We have not violated any purchase agreement and as of today, 4/14/2023, have not signed any arbitration agreement.  We, as buyers, could not walk away from this purchase as we would have lost our down payment of $34,000.00 and, also, the buyer of our villa property.
  
  As Peaceful Village is incorporated, the Jefferson County building inspectors and High Ridge Fire District inspection were not required.  The pastor of a local village church, a former builder, inspected the different aspects of the home.  He was not required to inspect our issues.  We did have him look at these and he agreed with us; these should have been built correctly.  We asked ***** why our closet doors had “chopped off corners with splinters hanging” and the other new house didn’t, he replied, ‘price differential’.  If our house had a basement and was larger, it would have been the same price.
  
  We do not have an attorney.  The First and Second Problems (on the initial complaint) could not be changed.  **** ******* agreed to replace the closet doors, sand and paint all the windowsills, repair the kitchen cabinets/soffit gaps, and investigate to fix the drainage in the backyard.  However, he said we would have to sign a non-disclosure agreement, not post on social media, tell our families or neighbors or we would be sued.   We consulted an attorney; was told not to sign the non-disclosure agreement and he would try to negotiate with the builder.  He sent them a letter asking for corrections and compensation for the First and Second Problems, and they replied it was sent to the warranty company.  
  
  As of today, we are still disputing issue (#11) the non-replacement of the doors on 5 closets (10 doors), issue (#21) adding the required drainage system, because water in the low area near the house foundation not only comes from the downspout, but from 2 other hillsides.  Issue (#32) water in the vent pipe on the roof has been sent to the warranty company. The builder thinks it’s condensation without anyone investigating the roof vent.  Issue (#14) Caulking around the shower units was not done at build.  We have talked to the warranty company supervisor, Nichole Hayes, about our issues.  She stated that the builder is notified of the issues and decides what to fix.  The warranty company advises but, doesn’t decide.  We have submitted 32 items to the warranty company; most were for bad workmanship.  We are still disputing 4; none were upgrades.  However, we did not damage anything in this house! 
  
  ***** said we contacted:  The mayor – yes for a separate issue not connected with the building.  The county & inspectors – yes for information on the inspections.   An attorney – yes to consult on the NDA.  The BBB and also the MO Attorney General.
  
  We just want the house we were promised with a level back yard.
  
  
  Sincerely,
  
  ****** And *** *****

  

  Business response

  04/17/2023

  To Whom it May Concern, I will stick to the facts and attach the documents to provide proof.
  
  There for sure is a signed arbitration agreement (I have attached that document)
  There for sure is a permit process, I have attached the signed permit card from the city, permit from the sewer district and permit from ******. We have passed all the inspections.
  The ****** did hire an attorney and had identified as their consul on 05/20/2022.We have their attorney’s letter which may violate their arbitration agreement as well.
   The ****** do have a 2/10 warranty and I have attached their enrollment form.
    2/10 Warranty is a 3rd Party Company that we do not have any interest or ownership in, they provide the guideline between both parties and those booklets are available for both parties to review. We make the necessary repairs per the guidelines. We as the builder do make the call for the means and methods for repair if warranted. We will continue to honor the 2/10 warranty and their guidelines and make the necessary repairs .  

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