ComplaintsforColosseum Remodeling

• Initial Complaint

  04/23/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Mr. Maritoba began a construction project in June 2021. After allowing for supply chain delays, construction began in October. Progress was fast initially but as time passed, progress ground to a halt. After asking for updates repeatedly, he lied about the overall status of the project before we finally agreed to terminate the contract.

  

  Business response

  04/24/2022

  Mr **** don't have the finance in place and he fail to provide commitment letter from his mortgage lander ( as specified and required by contract)  because his loan application was denied in March.Instead of advise us about all this he started shopping around for a new mortgage lander that requires to complete the house by April 22nd, 2022 or I have to pay $250 penalty for each day after that. I had till June 2022 to complete the house. Mr **** is just upset because he lost the house and now he is trying to blame other of his mistakes. My lawyer revised the contract and she advised me to walk away. I already sent this to my lawyer and if my BBB will be affected from his review I'll take legal action toward him.I'm coping the email that my agent sent to my lawyer: ******* ****** **********************Fri 4/15/2022 9:39 AMGood morning *******.  I am including my Assistant **** on this as she can pull documents and send everything you will need *******.I represent ***** on his new build in **** *****.  The Buyer has defaulted on the transaction, but my Broker said at this point in the transaction an attorney is needed.On March 4- I emailed the Buyers agent for loan commitment as the contract states they are to provide within 10 days from the first appraisal.  The very first appraisal was actually done in November with ******* ***** and we were never given it at that point either.  I received a call from the appraiser in Feb for permission to go out to the property to appraise.  I did not know it was ordered from a different bank at this point. The agent never got loan commitment  me.  I called the Buyers  lender on Thursday to ask for it and was told  that they denied him and that they haven’t heard from the Buyer since February 2022.  I emailed the Buyers agent regarding this situation.  She responded that she did not know he changed lenders and is working on getting me loan commitment now.The Buyer has been asking for money fro the Seller each day the house is not ready after April 22.  He has also asked for the Seller to pay for his rate lock fee. This has been a very stressful transaction for ***** and at this point since eat eBuyer has not met his contracted deadlines ***** would like to find a way to release him from the contract.  This is where your help and expertise is needed to determine how to prove default on the Buyers side.We can provide you with the contract package as well as all email communication between myself and the other agent.  Let us know what you need.*******

  Customer response

  04/25/2022

  Mr. Maritoba is once again being deceitful in his portrayal of the facts.First - the issue was not that my loan was declined.  I had switched employers from a W2 employer to one that was paying me as a 1099 contractor while they are setting up their US entity.  When this happened, I quickly moved to secure financing through an alternative lender that would base the loan on my total assets instead of W2 income.To be clear - I *always* had financing in place for the loan.Second, Mr. Maritoba and his seller agent provided no less than 3 different closing dates.  And in each made claims that "the only thing that remains is the driveway."  "The only things needed are the mailbox and lightpole."  "We will have the concrete and porch completed early this week."  "The back deck will be completed this week."  "The house will be cleaned and landscapers will be out early this week."  I have texts and emails to confirm this false information.  I based my loan lock-in on this information and paid to extend the rate multiple times because Mr. Maritoba and his agent told me and my buyers agent *repeatedly* that the house was going to be done in a matter of a week or two.  That false narrative began in mid-February and extended until mid-April before I lost my patience and added the per diem to the amendment.  I will also clarify that the contract for completion of the house was *not* June 30.  It was March 30.  And I gave him an extra three weeks before asking for any sort of financial penalty.If Mr. Maritoba had just been truthful about he true status of the build and what remained, we could have likely resolved this amicably but instead he chose to terminate.  I still suspect that part of the motivation for that is to sell the home for a higher price than we originally agreed due to market conditions. Regards, ******* ****

  

  Business response

  05/11/2022

   Mr. **** did not send the commitment letter and the bank told me to terminate the contract.

  Customer response

  05/11/2022

  I have reviewed the response offer made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. Mr. Maritoba is not being truthful in his responses.  He said in the original response that his agent advised him to terminate and that he consulted an attorney.  Now he says the bank instructed him to do so. Also, it should be noted that all documentation was provided in a timely manner.  Mr. Maritoba is referencing an appraisal and documentation from November of 2021.  And then made a claim that these were not provided in April of 2022.  5 months later.  And this was after numerous missed deadlines and changes to closing dates.  In the end, I requested a per diem and assistance in fees that I was paying for rate extensions as a result of his continued delays and only then - 5 months after he's claiming this documentation wasn't supplied - did he and his agent "find" a way to try to terminate the contract.  Regards, ******* ****

*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. ↩