In March I signed a contract to buy Waverly in the Lake Cunningham subdivision. During the sales pitch for the subdivision we stated our concerns about being in the house soon enough for kids to attend the neighborhood schools. This is a huge deal in Fl because the school requires that the house be at certain point of construction before they can be enrolled. We were assured that this would be of no concerns due to the fact that we would be closing in Aug or Sept.
During the purchasing process I was offered the chance to make changes that would of course, increase the cost of my house. I had my upgrades in writing and a contract was signed. I was assured that the house I wanted could be built by D R Horton. 1 1/2 weeks later I was contacted by Frank Moran and was told that the garage could not be built due to Fire Code restrictions. Being of an arch. Background I knew that this was incorrect.
Confronting Mr. Moran of his error I learned it was just because D R Horton did not want to do it and I was owed no explanation. Continuing the conversation with Mr. Moran he explained how I was just a plan number to D R and they could turn the lot over the next day. I let him continue, I further learned that D R financially benefits if houses are built according to plan.
I then contacted you, Donna, to explain my problem. You gave me Andy Fermento's name and assured me D R was in the business to build what the customer wants. I began to try and contact Mr. Fermento. I left him 2 messages and my realtor left him 1. My realtor and I to this day have not ever heard from him. During all the messages I pulled out my pencils and erasers to show D R that they could do the house with one simple window movement.
Again with my plans, Frank called with a very stern no they won't do it. With no return call from Mr. Fermento, I called you back asked to speak to his manager in Dallas. This gentleman listened to my concern and would call Mr. Fermento directly and ask him to contact me. Again, I have not heard from Mr. Fermento
Using the plans I updated (that you were charging me 500 dollars to do) Mr. Moran took my plans back to D R and the archs approved them. Why did it take my plans to get the updates approved? Now that the plans were approved I was again assured by Mr. Rowe that we would still have no problem being within the Schools guidelines and would still close in Aug or Sept.
April rolled around and I had been in contact several times to discuss how the process works. I believe I spoke to Bill or Frank 3 or 4 times in late March and April, which phone records show. I was assured the process was moving and that we are still closing in Aug or Sept. Different conversations showed my plans in trusses, engineering, etc... This was fine because I was under the impression that the plans were moving along.
I personally relocated the first of May and immediately contacted Bill and Frank to see if the plans had been submitted to the county. They were unable to tell because they needed to contact someone at the office to find out the information. At this point I was 2 months into my contract and would think that some positive answer was coming. After 2 days and 2 more calls by me. Frank called me back to say that they were still with D R and offered no explanation. Again stating there was not one needed. This is normal and the plans need to take the proper course.
I contacted Bill and Frank several times in May was told something different every time but one thing remained the same... They had not gone to the county and this was all normal. I recall one conversation that Mr. Moran said... The build time was going to be delayed and D R was under not obligation even though my contract said that my house would be done within 7 months. Again I began asking whether or not my plans had gone to county.
On May 29th I received a call from Mr. Moran and he stated that my plans had gone to the county on May 13th. I was first shocked that it took 3 weeks and several calls during these 3 weeks for someone to find out this information.
I slowed my calls to Frank and Bill because I thought things were moving along. My wife and kids arrived in Fl. June 3. We began right away asking for the address so that we could start the school enrollment process. During this I was told that having windows in my house by the time required would still not be a problem. I was never given the address but yet everybody tells me that I should have it.
I heard by the vine and Frank confirmed that St. Johns County had contacted out someone to help review the plans. I immediately ask Frank to find out if my plans were in that bunch... He called on June 15th and left a message that said that they were sent on the 13th and that it was not part of the plans that went to Orlando.
This is now twice someone had the opportunity to fix a HUGE wrong that will soon surface. I told Frank that I would call again on June 21 if I had not heard anything. Things at this point began to get real quiet from the D R side... I began to call the county to try and get a status myself. Without an address I was unable to locate any information.
I then had my wife go over to the model house several time to get the address... We finally got the address on June 26th from Bill Rowe. We immediately called the county and realized that plans were not submitted until June 25th. I was irate... This means I was lied to twice and defrauded by D R twice over a months time. I found the error NOT DR... I am sure if we pulled records... My plans were the only ones submitted by D R on the 25th.
This shows that if I had not been calling my plans would be still sitting on someone's desk. Further investigation of my own revealed that the couple who signed a contract a few days prior to me had been permitted and would be pouring a foundation the week of July 1. What happen to my plans?
At this point I was done dealing with salesman... I went to the D R office and asked to speak with Andy Fermento who was unavailable at the time. I spoke with Christie G the sales manager. She openly admitted that I had been lied to and that she was going to find out how and why... I will be speaking with her today...
As you can imagine several things have gone through my mind and I have come to several conclusions... I was defrauded into signing a contract that could possibly jeopardize the enrollment of my children in the school that they need to go to. I believe me addressing the customer services issues in March lead to my file being "misplaced" for 2 months. I also believe that D R showed very gross negligence in the way that it has handled my house and my life. This situation has turned my life upside down and has cost Merrill Lynch and myself a lot of money.
Josh
Jacksonville, Florida
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