Wednesday, August 23, 2006

Toll Brothers is forcing

us to buy this NEW home!


On the morning of the day when my wife and I were supposed to be closing on a beautiful new home, we got horrible news. A sprinkler head had broken off on the side of the new house and shot through the soffit. For the next few days, every time the sprinkler turned on, it sprayed water through that hole...into the attic...soaked the insulation... and flooded our house. Eventually, the ceiling in the front bedroom caved in and many of the walls and carpets were soaked.

These pictures were taken after the wet wall board and carpet were removed.

We were devastated.

With this much damage, how could they expect us to buy this house as NEW. But that is where we differed with Toll Brothers. Even after our realtor and her manager insisted that they release us from the contract, Toll Brothers representatives refused.


They called it a 'construction accident' and told us that we were obligated to go through with the deal.

This is the same Toll Brothers that says on their web site, "We're committed to unparalleled service and exceptional quality..."

While Toll Brothers has attempted to repair the damage, the house will never be the same. There is no excuse for forcing us to buy their mistake.
___________________________________________

In a letter to Toll Brothers, I made my case for being let out of my contract. Here is what I wrote:
At this point, your company is representing to us that the house is as good as new. We disagree, and here are the reasons why.
1. A new house does not have an increased risk of mold or other problems caused by extensive flooding.
2. A new house does not have patched walls as a result of major renovation.
3. A new house does not have the stigma of water damage. Water damage in Florida is a problem considered so serious that the real estate law requires its disclosure to potential buyers.
4. A new house does not contain the increased risk of potential liabilities for the owner. With this house, if we fail to disclose this known potential issue to a subsequent buyer or renter, we can be held liable for future problems.
5. A new house does not have realtors who are aware of its problems and would likely sell other homes first.
Each of these points represents an issue that has either a strong negative affect on the resale price of this house, or leaves us with an unacceptable level of exposure.
For these reasons, we are asking to be released from our contract and to be given a full refund of our deposit.

As of September 12, 2006, Toll Brothers position is that either we close on the house or they will keep our depost, which is over $20,000!
If you are planning to buy from Toll Brothers, look over your contract carefully. Better yet, have your real estate attorney look it over. Show your attorney this page and make sure you are protected from the same thing happening to you. If Toll Brothers won't change their contract to protect you, I recommend you find a builder who will.

Would you like to help spread the word? If you have a web page, add the following link to your links page. This will help my page rise in the listings and let more people to hear this important story.

Toll Brothers Complaint - The real story of a house and a family.

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