We are a family with 4 children, Two of which are handicapped with Autism. We are also a very poor family. We made $23,000 last year. We wanted to move closer to the city (kansas city, mo) so that we would have access to the hospitals for the boys and to be where there would be more work available.
We applied for and got a USDA loan to buy a house. We bought a new house from Ray Dean Construction LLC of kearney missouri. Soon after we moved in we began to notice some defects in the house. At first they were simple things like paint peeling off of the soffit vents and squeaks in the floor. Nails not driven all the way in and such. Then we noticed water in the furnace room. After a while we realized that the main bathroom was leaking. As the water stood on the concrete I noticed that the sole plate in the walls was not treated lumber. Anyone knows that wood that is in direct concrete has to be CCA lumber.
We called the builder a number of times but never got a hold of him. A neighbor told us they have had trouble with this builder as well and advised us to write him letters and keep copies for ourselfs. We did this. After many phone calls and letters the builder showed up one day and made a crude repair of a split newl post. The repair did not fix the split, it continues to this day. My wife pointed out to the builder the untreated lumber and he told her that they sometimes run out of treated lumber but het has a "spray" that he puts on the wood and its just as good as the CCA.
About 7 or 8 months after we moved in the builder shows up to sod the yard. We were leaving to go shopping but when we returned we noticed that the builder ran out of sod and only did about 7/8 of the front yard and did nothing to the back yard.
As we wrote him to complain about the non CCA lumber and the leak and the so and many other things my wife pointed out that there was supposed to be a gas log in the fireplace. Sure enough there was supposed to be one according to the specification sheet.in fact we noticed that all the houses in this new sub division had the same spec sheet. After talking with the neighbors none of them have a gas log and the builder only sodded one of their back yards. It appears that the other houses also have untreated lumber in direct contact with the concrete floor.
As all these problems began to show themselves we deceided to file complaints with the BBB of kansas city and we called the local "call for action" tv station. The BBB did their best but to no avail.
We finally tried to file a small claims court action against this builder. We then found a home warranty that we had apparently bought and signed without knowing it. So we tried to file with them but they wanted money from us to take our complaint. We simply did not have the money to give them and I thought it was a rip off as well so we went with the small claims action.
When we went ot court the builder had a lawyer and they got continuance after continueance and finally the filed a counterclaim against us because we filed complaints with the BBB and they are sueing us because I put a 4'X8' sign in the back of my pick-up that said "don't buy dean construction"
They are now sueing us for mulitipal counts exceeding $25,000 each and asking for punitive damages. We have tried to get a lawyer but they all want money up front and we don't have it. We barely make the house payments as it is.
There is no one that will help us defend ourselves so I guess we will have to go to court someday by ourselves. If it were just the wife and I we would just move off and default on the loan, But we have 4 kids and 2 handicapped boys so we can't. I don't know what will happen. If anyone has any sugustions we would love to hear them.
We have tried not to be a burden to society and we do not get welfare or food stamps, as long as we can work we will take care of ourselves. All we ever wanted was a decent home. The American dream but this dream has turned into a nightmare. I figure since we may lose the house and car I might as well go down swinging so this is why I am putting this up on this spot. Until a judge tells me to stop I will keep looking for places to complain to.
Thank You for the time and the space this will take up...
Bill & Joyce Gray POBox 534 Lathrop Missouri 64465
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