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      12-06-2018, 09:24 AM   #1
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Any Realtors or Real Estate Attorneys on Here?

We recently built a home and are having difficulties getting the builder to finish resolving a few items. I have listed some background information that may be helpful and then I outlined the issue major issue. There are many others but they are small potatoes relatively speaking.

Background:
New construction/new development (2,000+ homes to be built)
Builder is supposed to be reputable (Taylor Morrison)
We did not bring a realtor to the table (we worked directly the sales office on-site. We now realize this was a mistake).
The original construction super got promoted and I have involved him and he has been no help. He just blames the vendors they use which is a head scratcher response.
They have resolved other minor issues but it was things that did not require the financial investment as the issue below.
We closed September 27 2018

Issue:
The driveway pavers have multiple issues. They have started to sink in multiple areas, some pretty severe. The have paint spots and some developed white stains (i think its called effluence or something like that). They are clay pavers. We had to have stone work redone and in that process many of the pavers by the front got wrecked with grout and other damage done by the stone vendor.

Realizing the nature of stone, replacing the many pavers that are damaged they will never match. We have been back and forth with the builder for 2 months on this and are getting nowhere. They never call us, we must always follow up with them. It was turned over to their warranty department and we are still stuck at ground zero. They have come out multiple times and say, yep, needs to be fixed, etc, etc. Most recently they are trying to find pavers to match but that will not happen. It has been radio silence for 2 weeks now.

I could go on and on about the details but you get the point. I have tried being nice as I do believe you generally get further that way but I think I am past that now.

Since we did not have our own realtor, what are my options to bring other parties into this? Is there a state agency (I am in Florida) that gets involved in these things to oversee builders? I do not want to start any kind of legal process and I am not even sure I can. It would be more expensive than me just hiring somebody to redo the driveway myself.

Guidance?

Thanks.
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      12-06-2018, 09:37 AM   #2
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i bet the put the pavers on soil, instead of concrete bed/platform.
this avoids pavers from sinking or shifting.
the pavers once install, they must be treated with sealant to avoid staining and fading.
Seem more like not the best construction company, unprofessional.

if you dont want to go legal route, might as well pay another builder to fix/redo pavers.
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      12-06-2018, 09:38 AM   #3
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Quote:
Originally Posted by fun ticket View Post
We recently built a home and are having difficulties getting the builder to finish resolving a few items. I have listed some background information that may be helpful and then I outlined the issue major issue. There are many others but they are small potatoes relatively speaking.

Background:
New construction/new development (2,000+ homes to be built)
Builder is supposed to be reputable (Taylor Morrison)
We did not bring a realtor to the table (we worked directly the sales office on-site. We now realize this was a mistake).
The original construction super got promoted and I have involved him and he has been no help. He just blames the vendors they use which is a head scratcher response.
They have resolved other minor issues but it was things that did not require the financial investment as the issue below.
We closed September 27 2018

Issue:
The driveway pavers have multiple issues. They have started to sink in multiple areas, some pretty severe. The have paint spots and some developed white stains (i think its called effluence or something like that). They are clay pavers. We had to have stone work redone and in that process many of the pavers by the front got wrecked with grout and other damage done by the stone vendor.

Realizing the nature of stone, replacing the many pavers that are damaged they will never match. We have been back and forth with the builder for 2 months on this and are getting nowhere. They never call us, we must always follow up with them. It was turned over to their warranty department and we are still stuck at ground zero. They have come out multiple times and say, yep, needs to be fixed, etc, etc. Most recently they are trying to find pavers to match but that will not happen. It has been radio silence for 2 weeks now.

I could go on and on about the details but you get the point. I have tried being nice as I do believe you generally get further that way but I think I am past that now.

Since we did not have our own realtor, what are my options to bring other parties into this? Is there a state agency (I am in Florida) that gets involved in these things to oversee builders? I do not want to start any kind of legal process and I am not even sure I can. It would be more expensive than me just hiring somebody to redo the driveway myself.

Guidance?

Thanks.
Are they still currently building in your development? I had a couple of warranty issues when my home was built and when I didn't get anywhere, I told them that if they failed to fix my issue (no rain rail installed on the roof) that I would be forced to send a letter to every other homeowner in the development and note that they might have the same problem. I also said that it would be in my best interest to make sure I told anyone else who was currently building a home or thinking of one in the development.

Finally - I also said that I might have to report it to the city and county inspection office, which would certainly delay any current homes being built.

This worked - and they came out and finally fixed the issue.

Your results may vary - but it worked for me.
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      12-06-2018, 09:40 AM   #4
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I see a couple of options, but I’m not familiar with Florida practices and I’m not an attorney.

1. Hire an attorney. Ask around for someone experienced in residential construction litigation. Hopefully someone the builders all know and don’t want to interact with much. If successful you will get a money judgement or the contractor will make repairs. You also might have trouble collecting the money judgement.

2. Start posting on social media and contractor evaluation sites. A brief description of the problem, the attempts you’ve made to get it corrected, time elapsed and contractor response/promises. Going at their reputation in this way is likely to be more productive. You can start by letting them know if not resolved by x-date, you will begin posting to alert other consumers.
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      12-06-2018, 09:45 AM   #5
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Quote:
Originally Posted by usshelena725 View Post
Are they still currently building in your development? I had a couple of warranty issues when my home was built and when I didn't get anywhere, I told them that if they failed to fix my issue (no rain rail installed on the roof) that I would be forced to send a letter to every other homeowner in the development and note that they might have the same problem. I also said that it would be in my best interest to make sure I told anyone else who was currently building a home or thinking of one in the development.

Finally - I also said that I might have to report it to the city and county inspection office, which would certainly delay any current homes being built.

This worked - and they came out and finally fixed the issue.

Your results may vary - but it worked for me.
I have not thought about contacting the county inspector and will look into that.

Yes, they are still building and I think that is really my problem. I am now in competition with "new revenue" to get those homes built and closed so thats where the focus is since my revenue is booked. I did mention that perhaps I should get on social media as well as ensure people going into the sales office were aware of my quality issues and the builder made some reference to "defamation suit" blah, blah. The conversation was going south at that point I thought it best to walk away.
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      12-06-2018, 09:49 AM   #6
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are they license?
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      12-06-2018, 09:58 AM   #7
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Quote:
Originally Posted by fun ticket View Post
I have not thought about contacting the county inspector and will look into that.

Yes, they are still building and I think that is really my problem. I am now in competition with "new revenue" to get those homes built and closed so thats where the focus is since my revenue is booked. I did mention that perhaps I should get on social media as well as ensure people going into the sales office were aware of my quality issues and the builder made some reference to "defamation suit" blah, blah. The conversation was going south at that point I thought it best to walk away.
Defamation is hard to prove, and if all the information you posted in factual, they have no case (not an attorney, but thats what I see)

They have to prove the information you posted about them is false, which is sounds like its not. The burden of proof is on them, not you.
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      12-06-2018, 10:23 AM   #8
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they have shitty reputation across the states they build homes smh
i wouldnt let them near my house to correct the issues.

who knows how your house was build, if they did cheap work and cut corners smh

i read few complaints on the BBB and yelp.
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      12-06-2018, 11:04 AM   #9
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#1) File a complaint with the state attorney general - this will get them off their asses.
#2) BBB is always an option but not always super helpful
#3) Lots of local news stations have consumer protection divisions, reach out to them.
#4) Get a realtor in the future (I know, doesn't help you now), I've been dealing issues with my new home build for almost 2 years trying to get shit corrected that's been wrong from day 1 and reimbursements for stuff under warranty.
#5) If all else fails get the executive emails and director of the board for the shareholders if public. You have no idea how much of a wasp nest this will create for them. I ended up having to do this (my foundation was found fucked by the state on closing day) and magically everything happened within a few hours as they didn't want it public.

Someone mentioned the inspector - this is extremely helpful for things like structural items etc. It's not really super helpful for cosmetic items there's nothing they'll really do, I also had to contact the inspector in my case to help me rectify things.
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      12-06-2018, 12:07 PM   #10
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Quote:
Originally Posted by omega2733 View Post
#1) File a complaint with the state attorney general - this will get them off their asses.
#2) BBB is always an option but not always super helpful
#3) Lots of local news stations have consumer protection divisions, reach out to them.
#4) Get a realtor in the future (I know, doesn't help you now), I've been dealing issues with my new home build for almost 2 years trying to get shit corrected that's been wrong from day 1 and reimbursements for stuff under warranty.
#5) If all else fails get the executive emails and director of the board for the shareholders if public. You have no idea how much of a wasp nest this will create for them. I ended up having to do this (my foundation was found fucked by the state on closing day) and magically everything happened within a few hours as they didn't want it public.

Someone mentioned the inspector - this is extremely helpful for things like structural items etc. It's not really super helpful for cosmetic items there's nothing they'll really do, I also had to contact the inspector in my case to help me rectify things.
They are a public company headquartered in Scottsdale, AZ. revenues are 2.0B+

I'll look into the attorney general route and research contacting their executive leadership in AZ. That can be a slippery slope and needs to be done correctly as I have sat on the other side of executive complaints.

Thanks for the input.
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      12-06-2018, 12:38 PM   #11
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Quote:
Originally Posted by fun ticket View Post
They are a public company headquartered in Scottsdale, AZ. revenues are 2.0B+

I'll look into the attorney general route and research contacting their executive leadership in AZ. That can be a slippery slope and needs to be done correctly as I have sat on the other side of executive complaints.

Thanks for the input.
I agree that you should tread carefully. After all, they already accommodated you once by allowing you to move to a different lot after having already poured a slab for your garage and waived all penalties for doing so...so they have some proof that they've been accommodating and making things right in the below thread.

https://www.e90post.com/forums/showthread.php?t=1454911

That being said, of course it would suck to have uneven driveway and it needs to be fixed. Just document everything they say and communicate. And if you go public, you may want to get ahead of the issue and just admit they were accommodating up front and you appreciate that, but you really want this issue resolved since it shouldn't happen.
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      12-06-2018, 12:54 PM   #12
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Hire an attorney because unfortunately with many businesses unless they consider you a serious threat to their bottom line they will continue to ignore you. They make money selling houses. They already got your money. It is good to retain a buyer's agent but they are not attorneys either so I don't think you did too poorly going without one unless it was your very first home purchase and have never reviewed home purchase paperwork before. The sales office works for the builder so they have no interest in protecting you, they are there to represent and protect the builder.
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      12-06-2018, 02:23 PM   #13
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I just purchased a Taylor Morrison home here in California. My first home purchase and the experience left a lot to be desired. From the very beginning, lies after lies about time lines and build dates. My estimated completion date for move in was for December 2017, then got pushed to February 2018, then April 2018 and then I finally moved in late May 2018 and because they are so bad with communication, nobody had my damn keys at the office so I was running around and making phone calls to get in touch with the right person that could help me get my keys. The had the same vendor excuse as well as permit changes, etc.
After moving in, we are epected to do a walk though and see if there are any flaws that we would like fixed in the first 30 days. I called four times and was told someone would contact me and they would escalate my case because I called four times, it never happened. I got an email from Taylor Morrison that asked me to rate my experience. All lowest scores possible, expect for the finance department, they actually did a great job in keeping me up to date and aware with what was going on. 10 min after that an actual rep contacted me and asked what was going on, I explained to him the difficulties of getting in contact with someone to to do a walk through with me and said hed like to come in a speak with me directly. Two days later, he shows up talked to me about my concerns and assured me all the little problems would be resolved or fixed. He said he would contact me within the week. I never hear back from them at all. Its been 5 months and I decided I am too busy to waste time playing phone tag with a company that doesnt care, imo.

I played it again and again in my head. Spend 85 k on my M and BMW makes sure to do everything in their power to keep me happy and make sure my M is returned from ED in pristine condition. Spend 720k on a house from Taylor Morrison and theyll make sure and give you a brand new home with paint splotches on the wall, chips in my hardwood floors and shower, as well as loose floor boards that annoy the shit out of me when I walk over them. I have spoken to a few other neighbors as well and they seem to have fit and finish issues as well. One more thing; I've moved in about 7 months now as a phase 3 purchaser and still don't have a good damn mailbox . I have to go to the Post office to still get my my mail as well as everyone else in this development, even owners who moved to phases 1 and 2 who have been here for well over a year.

I understand your frustrations and wish the best for you OP. My issues are small in comparison so I just deal with it. But I'm not surprised to hear you are having issues in communication as well.
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      12-06-2018, 03:55 PM   #14
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Quote:
Originally Posted by Joekerr View Post
I agree that you should tread carefully. After all, they already accommodated you once by allowing you to move to a different lot after having already poured a slab for your garage and waived all penalties for doing so...so they have some proof that they've been accommodating and making things right in the below thread.

https://www.e90post.com/forums/showthread.php?t=1454911

That being said, of course it would suck to have uneven driveway and it needs to be fixed. Just document everything they say and communicate. And if you go public, you may want to get ahead of the issue and just admit they were accommodating up front and you appreciate that, but you really want this issue resolved since it shouldn't happen.
To clarify my earlier lot problem, the end result was they did not do anything for me. I later learned that someone walked into the sales office, liked the lot and liked the fact that it was already started and made an offer. Only after that did TM tell me I could move with no fees. So net, net, they would have made me eat it had that not have happended. I got all of that info from the person that bought the house who is now a friend.
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      12-06-2018, 08:07 PM   #15
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Quote:
Originally Posted by 2000cs View Post
I see a couple of options, but I’m not familiar with Florida practices and I’m not an attorney.

1. Hire an attorney. Ask around for someone experienced in residential construction litigation. Hopefully someone the builders all know and don’t want to interact with much. If successful you will get a money judgement or the contractor will make repairs. You also might have trouble collecting the money judgement.

2. Start posting on social media and contractor evaluation sites. A brief description of the problem, the attempts you’ve made to get it corrected, time elapsed and contractor response/promises. Going at their reputation in this way is likely to be more productive. You can start by letting them know if not resolved by x-date, you will begin posting to alert other consumers.
With regards to #2 above and to ensure you don't get caught up in a defamation lawsuit which you may not have the finances to fund your defense, use A LOT of pictures and send out questions to everyone and maybe a few local (FL) and out out of state (AZ) new organizations asking if the issues in question are real or normal.

Do not make accusations, just point out the facts (not something from your perspective like "they never contacted me" when in fact they did try to contact you but you do not have proof as the method they tried was as simple as sending you a letter to some obscure address ). With the facts, include photos and ask others on the local social media sites (and perspective buyers) "for $XXX) dollars - is this acceptable? Would you buy a new house from them?" etc.

Just asking questions, not making accusations which cannot be backed up with a photo or three, can go a long way especially when the news gets hold of the complaints,
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      12-14-2018, 09:16 AM   #16
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Pics OP?

At this point it might be worth getting quotes for repair from random GCs, stone masons, etc. and forwarding this information to the builder.

If all else fails, it would likely be much easier to just get the problem fixed properly by a decent GC...then sue the builder in small claims for the amount the repair cost, which they never made an attempt to fix in the first place.
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      12-14-2018, 10:29 AM   #17
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Quote:
Originally Posted by fun ticket View Post
To clarify my earlier lot problem, the end result was they did not do anything for me. I later learned that someone walked into the sales office, liked the lot and liked the fact that it was already started and made an offer. Only after that did TM tell me I could move with no fees. So net, net, they would have made me eat it had that not have happended. I got all of that info from the person that bought the house who is now a friend.
but you didnt have to pay any of the extra fees right? so they did help you out. doesnt matter if they had someone else willing to buy the lot or not. Its not like they would have just abandoned the project...

as for this situation, get quotes and contact an attorney for at a minimum some advice on what to do in this situation. Im sure your contract with the builder states what can be done in a situation like this. However, dont expect them to replace every stone. This is going above and beyond most warranty terms ive seen.

What will probably end up happening if you are stuck on replacing it entirely, is they will pay you a portion of what it will cost another contractor to come in and replace it.
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      12-14-2018, 10:34 AM   #18
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I said it before and I'll say it again - Lawyers offer free consultations. Speak to one.
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      01-04-2019, 06:46 PM   #19
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I just received this in the mail and have to share it with you. I'm located in California so it doesn't pertain to you but this looks to be further proof that Taylor Morrison is lacking in build quality.
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