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.
___________________________________________
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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16 comments:
WARNING TO ALL PROSPECTIVE HOME BUYERS! Please read if you are considering the purchase of a newly constructed home, especially a Toll Brothers home. If you sign a Toll contract, you will sign away ALL of your rights.
Learn more about the practices of America's Largest Luxury Homebuilder by clicking on the following link or searching under "The Truth About Toll Brothers".
The blog examines Toll's sales and marketing practices as well as Toll's failure to comply with clearly established and well defined laws.
http://tolltruth.blogspot.com/
Wow - what community was this? I know Toll just moved into the area too.
This was in Palencia, near St. Augustine.
Shocking! This is a real eye opener, I was looking at new homes. After the way you were treated, they are off my list.
Thanks for the warning...they are
newly building in my folks vicinity.
Hello,
I too am having problems with Toll
Brothers, I went into contract on a home over 2.5 months ago with Toll. The home was appraised 3 times, and all three appraisals were low, at first they refused to lower the price so I could obtain a loan, then just recently, when there own in house lender came in over $17,000. low on the appraised value they agreed to lower the price. In the mean time all the lending guidelines have been getting stricter and stricter and now there is only one lender that is agreeing to do my loan, and its at rate of 2% higher than I originally was quoted by Toll on my pre-qualification letter. I too am being threatened that either I close, or I lose my $30,000. deposit This has been a nightmare.
What was the out come of this? I purchased a Toll house in 2005. We closed in 2006. WE have been in this house for nearly 2 years and Toll has failed/refused to address our warranty issues. We have warped dry wall, hundred's of nail pops and our wood flooring has all split. These are huge issues and will require extensive renovations. They have completly ignored our issues.
Toll promises luxury and excelent customer service. I have not seen either one. At one point we were told by a Toll representative after complaining about the quality of materials used in build ing that "You get what you pay for"! We paid a very high price for this house and are very disappointed in the quality delivered and customer service.
I signed the contract with Toll Brother in April 2007, and they've decided not to continue to build their townhouse community a year later. They never told me they were not going to build it but I found out through another homeowner, they promised to return the deposit $35,000 to me in two weeks, now it's the beginning of the fourth week, I've been calling everyone in the company, from project manager to the regional president, they never returned the call and gave me runaround you can't believe. Finally last Friday I went to their regional headquarter and the boss shut the door and never even wanted to meet me. The last word I heard from them, is this is going to take another four weeks for me to get the check. There's no reason they could keep my deposit like that on their cancellation, of course, they are not going to give me the interest they are making off my money. They have NO customer service, it is amazing a national leading builder is merely a company of little business ethics. It is their way or highway. Note that in the contract I waved my rights to file a law suit against them. When I got the contract last year, they actually wanted to sign a one page promisory note of $25K if the contract is default (no details whatsoever). The only good thing that came out of this is that I know it is a good thing that I didn't buy from them. I am sure at this point, most of the homeowners don't even know about their decision.
I signed the contract with Toll Brother in April 2007, and they've decided not to continue to build their townhouse community a year later. They never told me they were not going to build it but I found out through another homeowner, they promised to return the deposit $35,000 to me in two weeks, now it's the beginning of the fourth week, I've been calling everyone in the company, from project manager to the regional president, they never returned the call and gave me runaround you can't believe. Finally last Friday I went to their regional headquarter and the boss shut the door and never even wanted to meet me. The last word I heard from them, is this is going to take another four weeks for me to get the check. There's no reason they could keep my deposit like that on their cancellation, of course, they are not going to give me the interest they are making off my money. They have NO customer service, it is amazing a national leading builder is merely a company of little business ethics. It is their way or highway. Note that in the contract I waved my rights to file a law suit against them. When I got the contract last year, they actually wanted to sign a one page promisory note of $25K if the contract is default (no details whatsoever). The only good thing that came out of this is that I know it is a good thing that I didn't buy from them. I am sure at this point, most of the homeowners don't even know about their decision.
I own a Toll Brothers home in Texas and went through numerous issues with the construction of the home. It all started with buyer concerns about deviating from the construction drawings and then escalated to the wrong options being put into the house. I talked to a VP at the company and told him I wasn’t going to purchase the house and refund my down payment which was over $60,000.00. I then received a letter stating I was in anticipatory breach of contract and they were going to keep all funds that I had paid. In all it took 17 months to complete the house and over $15,000.00 in attorney’s fees fighting with Toll Brothers to correct the construction issues and most of the options. I am currently in the process of fighting with them over one remaining warranty issues that was told to me would be corrected and now a higher level of management has stated that it would not be corrected and I have the documentation stating that it would be corrected form their warranty department. Now, I am going to have to turn this over to my attorney and let him fight it out with them at great cost to me and it will probably cost more than the repair but it about principles.
If I had it all to do over again, I would have walked away from Toll Brothers and found a different builder. Don’t get me wrong the house is beautiful but all the headaches and troubles and extra expenses were not worth it.
I own a Toll Brothers home in Texas and went through numerous issues with the construction of the home. It all started with buyer concerns about deviating from the construction drawings and then escalated to the wrong options being put into the house. I talked to a VP at the company and told him I wasn’t going to purchase the house and refund my down payment which was over $60,000.00. I then received a letter stating I was in anticipatory breach of contract and they were going to keep all funds that I had paid. In all it took 17 months to complete the house and over $15,000.00 in attorney’s fees fighting with Toll Brothers to correct the construction issues and most of the options. I am currently in the process of fighting with them over one remaining warranty issues that was told to me would be corrected and now a higher level of management has stated that it would not be corrected and I have the documentation stating that it would be corrected form their warranty department. Now, I am going to have to turn this over to my attorney and let him fight it out with them at great cost to me and it will probably cost more than the repair but it about principles.
If I had it all to do over again, I would have walked away from Toll Brothers and found a different builder. Don’t get me wrong the house is beautiful but all the headaches and troubles and extra expenses were not worth it.
I want to post another comment so that you guys all know what happened to me. Read the link I posted before if you want to know the full story.
Anyway, after I raised my voice at the regional headquarter, I decided to call my lawyer the following Tuesday (Monday was a holiday). He asked me to send over the contract right away because he's afraid that the builder may be in financial trouble (in fact they are not) and then I would never see the money again. So I scanned every page and emailed the paperwork over. Then I placed the final call to the PA headquarter, asking for the address, I didn't say much but just asked for their physical address. Then about 2 hours later, I got a call from the regional headquarter - finally the VP called back and I told him that they shall expect my lawyer's paper. Then he said, you will get your check tomorrow but you have to sign a confidentiality agreement. So I showed up at the office, got the check first then asked them to take a hike on the confidentiality agreement.
I am still in the market for a house, and I have decided not to purchase from a national builder (I would consider a smaller local builder) because they make you sign their contract, which is completely unfair. After dealing with Toll (which I got really lucky that I got my money back), I've dealt with another national builder, I love the house they built, it's an inventory home, but the contract terms are ridiculous, things like they have the right to recalculate the purchase price before or on the date of the Settlement (what??? - exactly); not only the buyers but the buyers' heirs, legal representatives and assigns are obligated to buy the house (that means, if something happens to me, my parents will have to go through with the deal); the Seller has the right to sue the purchaser the lost profit (if you buy the house at $400K, back out and they eventually sold it for $350K, they will sue you for the $50K lost profit) plus 18% interest ON TOP OF keeping the earnest monies you gave them, these terms go on and on. Sadly enough, Toll contract is not as bad as this one. So buyer beware!!! Personally, I won't buy a home from a builder, I would buy from a resale, with the state standard purchase agreement. I don't know how our government allows such unethical companies conduct their business. One more thing, when you sign, be careful of the "binding arbitration" - that means you have to take whatever the arbitrators agree, and in most cases, they are all corrupted with the builder and it's a kangaroo court. So they are going to rule NOT in your favor, and you've already signed your legal rights (going to court) away but left to take their decision. You might think I am crazy coming up with these horror stories - yes but I spent 2 hours going through the purchase agreement with my attorney and he confirmed and educated me with real life court cases - spend the money before you sign, it will save you thousands of dollars plus save you from a miserable life later!
Another trick - if your employer offers a legal plan (it's like an insurance) costing about 200 dollars a year for mine. Sign up if you are in the market for a home, because all these legal fees (review of the purchase agreement and the closing which is usually about 500 dollars for a transaction) are included, but the plan doesn't cover the cost of law suit.
Also, beware of BBB, consumer affairs don't have much on their website. BBB does, but for this particular builder, 4 out of the 14 complaints filed with BBB were satisfactory. So in most cases, BBB can't do much for you anyway but to put a note on the file that the consumer were still unsatisfactory in the end. In other words, you are on your own after you buy the house - either pay the legal fees (which these builder's corporate lawyers will take you to the cleaners) or suck it up. If you don't want to pay thousands of dollars and still get your problems solved. The last option is to maybe sit in the builder's office everyday, or go to the media.
I am sorry that we all have to go through this with the builder, one way or another. Most of the new home buyers don't even know what's going on. But we have to at least raise our voice so that it's more difficult for these builders to get away with such ridiculous practices. I hope this helps and I respect others who speak up and write down their stories for the greater good, knowing that it is the right thing to do.
I want to post another comment so that you guys all know what happened to me. Read the link I posted before if you want to know the full story.
Anyway, after I raised my voice at the regional headquarter, I decided to call my lawyer the following Tuesday (Monday was a holiday). He asked me to send over the contract right away because he's afraid that the builder may be in financial trouble (in fact they are not) and then I would never see the money again. So I scanned every page and emailed the paperwork over. Then I placed the final call to the PA headquarter, asking for the address, I didn't say much but just asked for their physical address. Then about 2 hours later, I got a call from the regional headquarter - finally the VP called back and I told him that they shall expect my lawyer's paper. Then he said, you will get your check tomorrow but you have to sign a confidentiality agreement. So I showed up at the office, got the check first then asked them to take a hike on the confidentiality agreement.
I am still in the market for a house, and I have decided not to purchase from a national builder (I would consider a smaller local builder) because they make you sign their contract, which is completely unfair. After dealing with Toll (which I got really lucky that I got my money back), I've dealt with another national builder, I love the house they built, it's an inventory home, but the contract terms are ridiculous, things like they have the right to recalculate the purchase price before or on the date of the Settlement (what??? - exactly); not only the buyers but the buyers' heirs, legal representatives and assigns are obligated to buy the house (that means, if something happens to me, my parents will have to go through with the deal); the Seller has the right to sue the purchaser the lost profit (if you buy the house at $400K, back out and they eventually sold it for $350K, they will sue you for the $50K lost profit) plus 18% interest ON TOP OF keeping the earnest monies you gave them, these terms go on and on. Sadly enough, Toll contract is not as bad as this one. So buyer beware!!! Personally, I won't buy a home from a builder, I would buy from a resale, with the state standard purchase agreement. I don't know how our government allow such unethical companies conduct their business. One more thing, when you sign, be careful of the "binding arbitration" - that means you have to take whatever the arbitrators agree, and in most cases, they are all corrupted with the builder and it's a kangaroo court. So they are going to rule NOT in your favor, and you've already signed your legal rights (going to court) away but left to take their decision. You might think I am crazy coming up with these horror stories - yes but I spent 2 hours going through the purchase agreement with my attorney and he confirmed and educated me with real life court cases - spend the money before you sign, it will save you thousands of dollars plus miserable life later!
Another trick - if your employer offers a legal plan (it's like an insurance) costing about 200 dollars a year for mine. Sign up if you are in the market for a home, because all these legal fees (review of the purchase agreement and the closing which is usually about 500 dollars for a transaction) are included, but the plan doesn't cover the cost of law suit.
Also, beware of BBB, consumer affairs don't have much on their website. BBB does, but for this particular builder, 4 out of the 14 complaints filed with BBB were satisfactory. So in most cases, BBB can't do much for you anyway but to put a note on the file that the consumer were still unsatisfactory in the end. In other words, you are on your own after you buy the house - either pay the legal fees (which these builder's corporate lawyers will take you to the cleaners) or suck it up. If you don't want to pay thousands of dollars and still get your problems solved. The last option is to maybe sit in the builder's office everyday, or go to the media.
I am sorry that we all have to go through this with the builder, one way or another. Most of the new home buyers don't even know what's going on. But we have to at least raise our voice so that it's more difficult for these builders to get away with such ridiculous practices. I hope this helps and I respect others who speak up and write down their stories for the greater good, knowing that it is the right thing to do.
This news story tells the story . I don't need to say a thing except that I'm a Toll Brothers victim. Please spread this news story to as many prospective home buyers as you can. Here is the link.
http://www.naplesnews.com/news/2007/may/09/homeowners_say_developer_contractor_knew_defects_e/
Stay tuned for more news stories on Toll Brothers
I'm also a Toll Brothers home owner in Texas. This has been a terrible experience. I'm now having foundation issues. After 4 months of waiting, Toll Bros. getting estimates to repair the problem, and paying $400 to an independent engineer, they are trying to weasel their way out of fixing this! I'm turning it over to the lawyers. BEWARE OF TOLL BROTHERS!
We are too victims of Toll Brothers. Here in Phoenix, Arizona in a brand new subdivision, not even 1 year after purchasing our $800,000 dollar home, we are having plumbing issues, drywal sinking, chiped granite countertops, our jacuzzi motor has died (we haven't even used it yet). Not to mention, when we moved it we found out we have no insulation in our 2nd floor. We have tried contacting them many times, the warranty department does not have alive person answering the phone and no one gets back to you when you leave a message. Afte 3 weeks someone calls, and set an appointment that no one ever showed up to fix anything! TOLL BROTHERS BE WARE! DO NOT BUY FROM TOLL BROTHERS EVER!!!
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