Complaints

• Initial Complaint

  03/10/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  We had Gemstone build a home for us that was completed in July 2022. The yard was very sloped and we expressed concerns about drainage and erosion but Gemstone did nothing to address these concerns. We knew we wanted to do landscape work in the backyard so we decided to let that go and address it with the landscape Co. It ended up costing us thousands to fix their negligence. Also, what is even more concerning, is our driveway which is poured in such a way that doesn't allow normal cars to drive in and out without scraping the driveway. They poured the driveway in such a way that it slopes up from the road, comes to a peak and then slopes down toward the house. That peak causes normal vehicles to bottom-out. Only vehicles with higher ground clearance are able to drive in and out without scraping. The Gemstone superintendent that oversaw the construction drives a ***** that scrapes. An ******** **** scrapes. A ****** ***** scrapes. A ***** ***** scrapes. A ****** ****** scrapes. I also saw an ****** delivery van bottom-out. This peak is damaging vehicles and slowly destroying the driveway. When we asked Gemstone to fix this issue, they claimed it was not a warranty issue and they "would not do anything to fix the situation". They are taking NO ownership in the situation. I reached out to the community and learned that 3 other homeowners have received similar reaponses from Gemstone. Once Gemstone closes on a home, they don't want any further responsibility they refer owners to a warranty company that only covers specific items. That's great for those items but it shouldn't negate their responsibility to provide a complete and usable product.

  

  Business response

  03/13/2023

  To Whom it may concern,
  
  I am writing in reply to your inquiry dated March 10, 2023 concerning **** *********.  We attempt to satisfy all homeowners and remain ready, willing and able to repair any legitimate warranty item at this residence.  In this particular case, at no point has this homeowner reached out to us regarding lot drainage issues at their home. Furthermore, we informed him that we remain ready, willing and able to effectuate the repair of any legitimate warranty item, however the homeowner has maintained an unrealistic position with regards to the driveway.   
  
  In connection with the purchase of the home, the homeowner received a 10-year Limited Warranty Agreement issued by Quality Builders Warranty Corporation.  If the homeowner believes that there are items subject to the warranty, which have not been corrected, they can contact Quality Builders Warranty Corporation since the warranty provided has a very specific Complaint Resolution Mechanism, which the homeowner agreed to utilize.  Therefore, I do not know why your department is involved in this matter since the homeowner has recourse under the Dispute Resolution Provisions contained in the Limited Warranty Agreement. 

  Customer response

  03/13/2023

  
  Complaint: ********
  
  I am rejecting this response because I never claimed this was a warranty issue. The builder provided a driveway that is not usable for MOST vehicles. New vehicles typically have a bumper to bumper warranty but that doesn't cover tires and windshield wipers because those are wearable items. However, nobody in their right mind would accept a car with square tires that didn't allow you to drive the vehicle. That is similar to what Gemstone has provided for a driveway. 
  
  Sincerely,
  
  **** *********

  

  Business response

  03/14/2023

  To Whom it may concern, 

  As outlined previously, we have informed the homeowner that we remain ready, willing and able to effectuate the repair of any legitimate warranty item. However the homeowner has maintained an unrealistic position with regards to the driveway. If the homeowner believes that there are items subject to the warranty, which have not been corrected, they can contact Quality Builders Warranty Corporation since the warranty provided has a very specific Complaint Resolution Mechanism, which the homeowner agreed to utilize. Thank you for the opportunity to respond.

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