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    ComplaintsforSchuber Mitchell Homes, LLC

    Real Estate Development
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    Complaint Details

    Note that complaint text that is displayed might not represent all complaints filed with BBB. See details.

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    Complaint Status
    Complaint Type
    • Complaint Type:
      Service or Repair Issues
      Status:
      Unresolved
      I bought this home in Nov of 2021. It was new construction. I discovered the brick facade moved inward perceptively when pushed on. I brought this to the attention of Schuber Mitchell when I discovered it in approximately June 2023. Schuber Mitchell insists the brick was properly installed and the movement is normal. I had a professional masonry company cut an access hole in my wall to find exactly what was causing the brick movement. The brick work does not have the required amount of brick ties per the code requirement. This allows the brick to flex which will eventually break the bond between the mortar and the brick and eventually result in the brick failure. Schuber Mitchell refuses to do anything to fix this, leaving me with a defective home needing extensive repair.

      Business response

      10/17/2023

      Schuber Mitchell Homes 
      **** ** ********* **
      ******* ** *****

      17 October 2023 

      Hello, 

      On behalf of Schuber Mitchell Homes, I am writing this document as a record concerning the recent complaint submitted to The Better Business Bureau by ******* ********.


      In June we received a Service Request from Mr. ******** regarding his concerns about his brick facade. We responded to the request by scheduling an appointment to assess his concerns.  During this appointment Mr. ******** attempted to demonstrate the façade deflection by forcefully pushing on it in a rhythmic fashion with 2 hands. We conducted an inspection of the home’s brick veneer and found no evidence of brick tie failure; no cracking, heaving, or pulling away of brick from the home. The brickwork appeared to be well-maintained, with the wall ties in place securing the facade, meeting the IBC code installation standard tolerances of deflection. 


      Additionally, SMH researched the issue with a 3rd party engineering firm to determine the allowable deflection for a brick veneer wall attached to a wood framed structure. The research verified our assessment that the homes’ walls were meeting expectations and performing well under the maximum service wind deflection limits of the IRC & IBC referenced code. This same code is also referenced in the documentation provided by Mr. ******** in the BBB complaint titled, The Brick Industry Association Technical Notes on Brick Construction, November 2012.


      We have been in regular contact with Mr. ******** over the past several months addressing unrelated minor issues and consistently providing updates on ordered materials and work scheduling. We have worked diligently to set appointments and reschedule appointments to comply with his schedule needs. We have stated our willingness and commitment to continue to stand by the home and provide services as outlined in our warranty guidelines.
      Thank you for bringing this matter to our attention, please let us know if you need any further information.


      Sincerely, 

      **** *****
      ******* *******
      Schuber Mitchell Homes 

      Customer response

      10/17/2023

      Response to **** *****’s remarks dated 17 October 2023


      Mr. ***** is conveniently leaving out several pertinent pieces of information in his response.
      Schuber Mitchell Homes has never acknowledged the fact that there are not enough brick ties in these walls. Even though they found the same lack of brick ties in a home they inspected here in this addition. 
      This was witnessed by the homeowner, that homeowner is willing to provide  a statement of the results.
      Schuber Mitchell Homes alleges the brick wall is in compliance with IBC requirements for deflection but they have NEVER measured this on my home or I suspect on any home. There is no third party proof.
      I contacted several Masonry companies and **** ***** the largest supplier of brick in the country. Not one said any amount to movement in a laid brick wall was acceptable. In fact just the opposite. ANY movement in the wall will eventually cause the wall to fail mainly due to water intrusion because of loss of bond between the brick and the mortar. It was not a matter of if, just a matter of when.
      I had a licensed masonry firm physically inspect my walls. They concluded in writing the lack of brick ties actually sighted. They also provided an estimate to both install pins to take the place of the missing ties and/or to completely replace the brick and properly install it with the required ties. They recommend replacement over repair. Their rational is simple, I paid for a quality, code compliant brick home. I did not get that.
      I agree with them.
      I have provided an estimate from a licensed and reputable masonry company.
      I have provided  copy of the IBC Code requirement concerning the number and placement of brick ties.
      The estimate verifies what the Masonry company owner suspected at the outset. Either the ties were damaged, improperly installed or missing. 
      They were improperly installed and most were missing completely.
      In conclusion I understand why Mr. ***** insists there is nothing wrong with the brick on my home. 
      To have a crew in here replacing improperly laid brick would rapidly expand to the other homes in this addition. Many of the other homeowners know of the brick problem and would demand to have their homes fixed as well.
      This would be a financial disaster for Schuber Mitchell Homes and represent an existential threat to their company.
      They should have done the job right the first time. They brought this on themselves.
      I just want my home fixed properly.

    • Complaint Type:
      Service or Repair Issues
      Status:
      Resolved
      We paid cash and purchased a home from Schuber Mitchell Homes. We closed Sep 22nd of last year. The yard work was terrible and they promised to fix it soon as Spring arrived. In Feb and Mar, I spoke with several employees. They assured me it would be fixed. They came out 3 or 4 times to scrape and level yard and install Sod. It is now May 31, and I still have a large section of my back yard not sodded.Have had numerous recent conversations with ***** at Schuber, ***** at the main office in ****** regarding this and they keep assuring me it will be done ASAP. Now we are entering the hot, and possibly dry time of Summer and it is still not completed as promised.

      Business response

      06/06/2022

      The remaining outdoor work will be completed on or before June 15.

      Customer response

      06/07/2022

      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 regarding the SOD.

      However, in the process, they broke a section of the sidewalk in front of my house, apparently from driving over it with heavy equipment.  When will this be fixed?


      Sincerely,

      *******************

    • Complaint Type:
      Service or Repair Issues
      Status:
      Answered
      Our home is built to plans correctly, but the lighting fixtures in our bathrooms wasn't/ isn't putting out enough light. There was a dark area by the toilet & tub areas in our master bathroom. These Areas were rectified by installing a light in the tub ceiling & over the toilet. The tub area in our guest bathroom is dark when the curtains are closed. The vent fan light & vanity lights aren't putting enough light out to illuminate the tub area. Schuber ******** acknowledges the area is dark but refuses to install a tub ceiling light. The home is built to plans correctly, but where the fixtures are located in the bathrooms wasn't/ isn't putting out sufficient lighting. We were told it's too costly to retify because it's a custom home built to plans & changes can't be made during & after building completion. We're asking that the lighting areas built to plans operate probably not just give light but sufficient lighting. We were told that things will be fixed once we moved in the home if there's a problem. Now Schuber ******** isn't keeping their promise as per our contract. Sighting it's a custom home irregardless if the items in the home don't work probably; in this case, the dark areas in our bathrooms. Schuber ******** service supervisor, ***** & administrator, Courtney, said they did us a favor; went outside their plans & system to Bless us. It's not cost effective to do Favors. The service team agree there was/is a dark area in our bathrooms. The service supervisor suggested putting in a brighter bulb, but it didn't rectify the problem. When the curtains are closed in our guest bathroom, there's not enough light; the areas is dark. We chose the house plans expecting the light fixtures to give out proper lighting. We had no idea that when we viewed the show room houses, that there wasn't enough light in the tub areas because the curtains were open. It cost $200 to install a light in our guest bathroom tub ceiling.

      Business response

      05/13/2022

      As seen in the attached contract, the buyers ****** and ******* ****** have agreed to the following statement:

       

      That all options, upgrades, and color selections are final and no

      additions or changes to any selections will be permitted after the ‘ADDENDUM/ENDORSEMENT TO AGREEMENT

      OF SALE” is approved and signed. This applies to all new home starts or as well as all available homes. Buyer

      further understands that no changes, alterations, or custom work may be made to the property under their direction

      until after closing and buyer takes possession of the home.

       

      As stated in the complaint by ****** ******, the home was built according to the plans that they agreed upon, and our team has done everything in our power to go above and beyond serving these homeowners. We will not be installing any further lighting fixtures, as this is not required in our agreed upon contract.


       
       
       
        
        

      Customer response

      05/17/2022

      Complaint: ********

      I am rejecting this response because:

      The information they are providing is not in the contract we have.  We don't have proper lighting in our closets.  We have to use an additional light to be able to see anything.  I wanted to talk to them about that.  They built the house according to our plans.  We were aware the lights wouldn't produce enough light.  It is not illuminating correctly.  I am going to send a copy of the contract. 

      Please note there is an arbitration section of the contract.

      I understand it to say that owners will address problems with Schuber ******** 1st.
      We were told after the fact we have to pay dues next year for a home owners association, but we don't know or have been given information about our membership.
      We could at least express our concerns to the HOA if we had information.
      Schuber ******** said they found out after they starting building and after we signed our contract; and just before closing..that owner have to be members of the homeowners association.
      We've requested contact information, from The Service Supervisor, ***** Moser, and ******** ********, 
      .....they denied approval to install a light in the quest bathroom, indicated in our complaint statement.
      We want to email, mail a letter and or talk to Administration Corporate.. about our experience as Schuber ******** homeowners ... We are ignored.


      Sincerely,

      ****** ******

      ****  was our Experience Specialist that worked with us during our building stages.
      The responses are from him.
      When we wasn't getting clear answers, I sent an email and requested answers to be documented instead of word of mouth.
      See attached Responses.
      Please confirm receipt of All emails including this one.
      Note.. information about LED lighting.
      We didn't know the status of our purchase when we signed the contract; the Quick Move In Status "Wording" isn't written in our contract. 
      Actually it's not written on any of contract documents.
      We are new to Missouri and new Schuber ******** Owners. 
      We weren't explained the difference options in selecting a home model "on line" .. with Schuber ********.
      "The Quick Move In"  "Status"  is what Schuber ******** sites as a, no change option, we choose and signed for.
      Actually we still don't know what the Quick Move In Status Applies to, per our home #2 year's warranty and Service needs.
      We are finding out what's an allowable Service need when we request a Service.
      All we know..After we signed the contract is.. since our home is less than1600 square feet, it's a Quick Move In.
      If necessary, upon request,
      ...I can forward the entire email conversations as it relates to the questions and responses in the attached information.
      I sent the request to ******** ********, who was a sales manager at the time, and she answered the questions and authorized the responses to be emailed.
      We've had concerns about our home from the beginning and documented it to our Realtor and Schuber ********.

      Business response

      05/20/2022

      As seen in the files attached, the ****** were given their HOA information and signed agreeing to adhere to the bylaws. 

      Our team has worked with the homeowners to listen to their concerns, but we will not be attending to things not agreed upon under their contract. Any additional lighting or decorative features will be the responsibility of the homeowners. As the ****** have stated several times, their home was built according to the plan they agreed upon. 

      "Quick Move In" is a term used to describe a home where all of the colors, options and added features have already been selected and the home is sold as a “spec” ; as opposed to a new home "from start", where buyers can pick all of their colors and options. No changes are made to Quick Move In homes by the buyers except for window treatments and fridge option. Even in new start homes, additional lighting or other features would not be added. Our homes are all built according to our plans, and we make absolutely no custom changes during our build process. 

      The home being a quick move-in doesn’t affect the warranty or service requests at all. Homeowners have a 2-year comprehensive warranty for any workmanship issues that may arise. This does not apply to personal wants or requests, but rather things like a cracked tile, issues with HVAC, improper plumbing drainage, etc. 

      Customer response

      05/20/2022

      Complaint: ********


      I am rejecting this response because:

      Right before a week or less..( where is the date we signed on the HOA document..it should show when we signed); as I was saying, right before closing we were told that Schuber ******** found out there's an HOA for our subdivision, as a result they paid for the 1st year .

      We have to pay the next year.

      I don't have a copy of the rules and restrictions,fees etcs, and I don't have "contact" information to reach the HOA to address our concerns.

      We weren't given an option to move into a quick move in home; thus we still don't know what quick move in means.

      That being said, please provide "contact" information for the HOA.

      Please provide written information what quick move/Spec in means.

      This wording isn't written in our contract as the type of purchase.

      We signed the HOA document because we had to....as, getting the information right before closing, caused the Appraisal Approval with our loan company, Veterans United, to be held up..thus, our closing was held up.

      Veterans United allowed us closing credits to stay in a hotel as a result; the VA appraiser couldn't be scheduled again in time.

      Veterans United finally got special permission to Approve the Appraisal as is without the HOA
      information.

      All of this is documented.

      Again this is due to Schuber ******** saying they didn't know until close to closing that our subdivision has a HOA.

      We signed our contract in April 2021 and according to Schuber ********, they didn't know at the time we had to be members of an HOA ..

      The HOA and our signed contract.. address different rules and restrictions..for which we don't have a copy of as previously stated, fees contact information etcs..for the HOA..

      And we don't have in writing what are the rules and restrictions for a quick move in home..as we didn't know when we signed we purchased a quick move in home.

      The information I already provided shows we didn't know about a quick move in home..in writing from the answers from Schuber ********, to our questions in "red" .

      Schuber ******** has not provided LED lighting though out our homes as our contract states.

      They added, at our Request LED lighting in our master bathroom due to the fan light, vanity light and walk in closet lights, All, when on.. weren't providing light to our toilet area and shower area, even with curtains open.

      Why was LED lighting added at our request... in our master bathroom per our request for sufficient lighting and now it's not being Added in our guest bathroom.

      The light fixtures, as we've indicated, are in place, but sufficient lighting isn't put out.

      The vent fan light isn't LED.

      To reiterate:
      1.Please provide the HOA Contact information.

      2. Where can we pick up a copy of the rules and restrictions, fees, meetings etc?;this way we can also meet with the HOA regarding our concerns.


      3. When can we pick up the rules and restrictions for a quick move in home?

      4.We've requested several times to meet with an Administrator/ Corporate..

      When can we meet with an Administrator/Corporate??

      We've only spoken to *****, Service Supervisor, who came out to our home..no one else in Administration has worked with, came out to our home or talked to us.

      ******** after the fact, in an email response informed me she didn't have authority to listen to address and to deny our requests because she works in another department.

      ******** ******** is who authorized the answers in "red" when she was in the department to address our concerns during our purchase process.

      I emailed ******** our Concerns as a result, but didn't know she was in another department.

      On Tuesday,May 17th, A sales manager called, she gave her name and said that she was calling on behalf of Schuber ********. I forgot her name...and she called from a private number.

      She said The Better Business Bureau, asked that she reach out to us to say they responded to our complaint and that it is denied.

      I reported the call to the BBB.

      They said they didn't ask Schuber ******** to call us.



      Thank you,
      God bless
      Mrs ****** ****** for
      ******* and ****** ******

      Sincerely,


      ****** ******

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