My son and I met with the owner of Vestabuilders to discuss building a new custom home on a lot we owned adjacent to our current home. We asked for an eco-friendly, energy efficient, ADA compliant home with six bedrooms and a basement one bedroom in-law suite and two-car garage. We were very specific in our needs and especially the ADA compliant to accommodate my 89 year old disabled father, as well as my own disabilities. My son described a two-car garage with one door and two remote controls.
We were finally sent a proposal which the builder assured included our requests. We sent the proposal to our mortgage broker and was assured it fell within our budget. We agreed to send the builder a $2000.00 deposit with the contract. The builder told us that the house should come below the contracted price and we should have a savings of $10,000.00-$12,000.00 depending on materials costs. We asked if the money could be used for additional work and he said, "Yes". Our mortgage broker contacted us and said we should include enough money in the contract to include any change orders. He spoke with the builder and the builder submitted a proposal with a $27,000.00 increase.
After the loan was approved, my son and I went to the builder's office to select materials. The builder informed us that he had brand new, in the box, cherry cabinets from a previous contract that the client did not want after ordering, and that he was willing to sell us the cabinets at oak cabinet costs. He showed us a catalog picture of the cabinets. When I asked for the cost he said he had to finish designing the two kitchens, measure the cabinets and he would get back to us with the price. I specifically requested to know the costs of the cabinets before installation or ordering additional cabinets because if we were not satisfied with the price we would like the option to choose something else.
(He never complied after repeated requests).
My son inquired about the two-car garage. The builder told him the weight of the house could not be supported with a door garage; it had to have two -doors. My son reluctantly agreed as long as it had remote control. The builder replied, " The remotes are already included in the doors we use. Our company is set apart from others because we install better quality materials and products that are charged as upgrades by other builders, we include as standard."
We asked that the entire wooded lot be cleared and no trees or bushes close to the house because the wooded lot was home to many different "critters" that I did not want to see or meet.
Several weeks later, the builder called and said he would start excavating the lot soon; however, he ran into a problem with the building permit. He alleged that the county would not approve the basement in-law suite as it would change the zoning, so he recommended submitting the application as a home study and office and after the house is complete, he would install the kitchen. This never happened. After the house was complete he wants an additional $5880.00 to install the kitchen. The contract price was never lowered to reflect the change.
Next, he left our asphalt driveway a wreck with only gravel and sewer and water pipes sticking out of the ground; and, deep ruts. The concrete apron was torn up and never replaced. There is no asphalt or concrete slab leading to the garage. Mud and debris pours into the basement breakout, clogging the drain and flooding the basement. The builder has refused to restore and complete the driveway and apron, alleging, "not in the contract". However, when we discussed the curb appeal he said he would restore the asphalt driveway (The driveway was to have a trench dug down the middle to install the sewer and water lines. The concrete apron he destroyed is on County property.) He is refusing to do the driveway unless we pay for it.
In addition, he cut a 30" x 15' trench across the existing house driveway to connect the septic system to the public sewer system (This was recommended by the County permit representative). He covered it with large gravel and has refuse to replace the asphalt.
I had earlier inquired about the cost of cutting up the driveways and replacing the driveways for the sewer and water connections, and he said, " I already included that in the price." I even asked my landscaper to meet with him and the job site supervisor to discuss the driveway so he could plan the landscaping. The builder had him to meet with the job site supervisor.
The builder dragged his feet in starting and stopping the work although the contract deadline was October 10. Finally, I sent the builder a letter demanding that the house be complete by October 5 to allow time for a walk through, corrections, and the bank inspection. I called to the bank on October 9th and informed them the house was not finished. The bank representative informed me that the builder, without my knowledge or consent, had called and requested an extension until October 21st. The bank approved the extension and this would be the drop dead date with no further extensions (If the house was not complete by that date, the terms of my contract would be voided and I would have to shop for another permanent loan at whatever the prevailing rate). He continued to drag his feet until the last day. At this point, we felt we had no choice but to go along with the bank to retain our original terms.
It's now three months later, the driveway is a mess filled with ruts and mud. We have no concrete or solid access to the house from any side, except the short sidewalk in front of the house. We have no handicap ramp, either.
The contract called for a concrete rear deck. The builder placed a rail in front of the back door and now says he can't install the concrete deck. Therefore, he would give me an allowance of $408.00; however, he could install a wood deck for $5008.00.
Our change order included a generator. The builder installed a $700.00 generator panel, but no generator. The bank assured us that he submitted the change order and was paid $6500.00 for the generator.
As far as energy efficient, not so. Eco-friendly, no. ADA compliant, no. Finally, the builder offered us a $3300.00 credit and "a Vesta good faith credit of $10,000.00 towards $25,000.00 of work included in the contract but never performed. When I informed the builder that I would seek legal counsel, he removed his offer from the table.
I extremely regret that I did not get legal advice before entering into this contract. I wish there was a uniform contract for consumers that specifically disclose in dollars and cents, and every detail that a buyer should have in a contract before signing with a builder; ie, dollar cost of materials, appliances, cabinets sinks, etc., quantity, checklist of items that can be in a house (not just what the customer asks for and costs).
I have since lodged a complaint with the Consumer protection Division of the Attorney General's Office.
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