Luxor Homes II, Inc.

Initial Business Response /* (1000, 8, 2015/09/28) */
To whom It may concern:
I am in receipt of your 9-10-complaint from Mrs***Frankly, am quite surprised that Mrs, *** would make a complaint given that she and her husband, in their sole Judgment, decided not to build with my
companyYou will note that my company maintains a high rating with the Revdex.com and our reputation is important to usFor your reference, I have attached a copy of the Lot Reservation Form dated 11-24-as well as many, many pages of scanned email s dating between 1149-and 4-19-15,
The facts of the contract with the ***s are as follows:
1, The ***s contacted my company in October looking to build a home, They had a house to sell but liked our homes from their reviews online I think;
After discussing multiple plans, budgets and locationsThey were confident they would sell their borne quickly and wanted to reserve lot in *** *** and to build the Franklin two story plan on itAttached is the 11-24-agreement referenced aboveI clearly explained and the agreement clearly states, in writing, that the monies paid are "nonrefundable" and further that failure of Purchaser to execute a Construction Agreement (specifies detailed specifications of home referenced) within days, they would forfeit their paid depositsThere Is plenty of legal consideration on my part, not only In the form of taking a Lot of the market, but in looking a home price for a period of time and providing significant ongoing time commitments to respond to quotes etc
My ongoing Communication, on several occasionsaemincled the clients of their financial commitment and the non-refundability of their monies
4, The clients comment that I "refused to accommodate their wants In a home" is not trueYou will see my consistent written (in addition to many verbal calls) attempts to respond to their changes and customizations
SThe emalls correctly reflect the responsive and professional nature of our communicationMast of my communication was with Mr*** (99% of it)
Finally on April 19th, the client clearly noted the reason for their termination being they changed their mind and no longer wanted to build the Franklin two storyYou will see on the same date I offered to meet with them to discuss alternatives to a total termination, wherein they would lose their moniesThey chose not to meet with ma and advised me verbally that there was no other house plan that I build that would meet their needsSince I am a custom builder, this makes no sense to meI advised Mr *** that I would be happy to meet with him to review other house plans that we could build for himDespite his clear breach of our agreement I was And am still willing to apply his $down Payment toward a home to be builtI do not know
how I could be more flexible in this Situation
Initial Consumer Rebuttal /* (3000, 11, 2015/09/28) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I never disputed the fact we signed a contract to build a particular home which was the FranklinThis hinge was portrayed as something it clearly isn'tRandy promised several times to be able to view this particular home that he was building in GriffithAfter many times asking to personally view it, he never deliveredIt wasn't until personally asking a previous home owner of the exact Franklin model to view his home is when we seen it first handThis wasn't the home we envisioned nor the home what Randy *** portrayed it to be in his meetingsAfter addressing this issue with Randy, his ultimate response was solely of us losing our deposit as he has no other models to fit our needsThere were many occasions via email where the professionalism and courteousness of Randy *** was negative therefore we didn't want to risk building with him was in our best interestHe is after money, not the clients best interestThat is the reason for the many contracts that clearly state all money he receives is non refundable no matter what the case may be, even if he doesn't have a home to suit your wantsEven in his response to this complaint, his sole interest revolves on the fact that the money is non refundableKeep the money if that makes you sleep better at night knowing you ripped off our family with the bogus contracts and agreementsGod bless, he'll have the last sayRandy knows he's manipulative and I'll make sure my experience with Luxor homes is voiced
Final Business Response /* (4030, 16, 2015/10/22) */
I have read the consumer's rebuttalthere is no merit in her additional statementsthe photos and floor plans on my web page correctly depict the actual homes and are frequently referenced in construction agreements to give clients confidence in what they should expectin this case, the client quite simply changed their mind and claim there is no plan I have to fit their needssince I am a full custom builder, that makes no sensethe agreements executed are very clear as to both parties intent and responsibilitiesdespite their default, I am still willing to apply their defaulted payments toward the cost of building another housethere is nothing further I can offer them given the circumstancesI have already copies the Revdex.com file with many, many pages of correspondence illustrating our desire to provide above board servicesRandy ***, President

Initial Business Response /* (1000, 9, 2017/08/04) */
Ms *** entered into a Construction Agreement dated August 17, to buy the home known as *** w *** *** that was under constructioncopy is attachedAs noted therein, *** was received but she failed to make the *** payment when
duein lieu of calling a default, we agreed to her paying *** per month until the *** was paidAs noted on page of said agreement, Ms *** represented that her year to date business income was $higher per month than that shown on her previous tax returnwe jointly met with a lender who verified that income level would be required for her to qualifyshe asserted it was accurate and we therefore put her assertion in the purchase agreement that she must produce an accountant financial statement documenting the higher income to qualify for the loanshe never provided such documentationMy staff and I personally called her on multiple occasions to pursue receipt of those financialsAdditionally and independently, she hired a related company, Credit Boss, Incto assist in removing incorrect items from her credit report, provide financial advise so as how to use credit to improve her score etcIf I remember correctly, she attended several meetings, paid off several old collections but more/new collections showed upIn both cases, Ms ***'s actions/inactions caused her default on the Purchase Agreement and continuing poor credit scoreShe has refused any and all offers via voicemail from me to meet her and review her status on both issues to keep trying to help heralthough her payments are well documented as "non refundable" in the purchase agreement, I would be happy to work with her and assist her in pursuing a home and would be open to transferring her down payments made to date to a new home*** ***, President
Initial Consumer Rebuttal /* (3000, 11, 2017/08/08) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This response helps me to realize that *** *** will Lie and steal to make himself look goodI am very angered by this bunch of liesYes I put *** down and yes I was told my *** was due within a certain amount of time but nothing they promised me was ever on timeThe banker they referred me too, later told me that she informed them after the initial meeting that I would never qualify for a loan of this amount and she thought the process was endedI at that point should have received my money back and the process should have ended, but they continued to go through with it, leading me to believe I wouldNever has *** ever dialed my number nor spoke to me on the phoneOnly in person or emailSo that's yet another lieNever was I informed of a default because If that was the case then we both were in default because none of the deadlines they promised on the house were metThe only call I received was from *** or *** of the Credit Boss, who informed me of the monthly *** a month payments that he said would be made to the bank as proof that I could afford to pay that per monthAt that time I specified to him that I did not want my payments to be that much when we were doneMy income was, then and still is, *** over and I had my tax preparer send the updates to their bankerOnce again, she did not understand why I was coming back to her when she clearly told them I couldn't be financedYes I did go trough ***, The Credit BossHe helped raise my score, remove items from my report, as he promised he wouldOnce again, *** *** has never dialed my number and I have NEVER spoken to him over the phone so he can send that lie back to the pits of *** where it came fromPayments are not well documented as "non refundable" in the purchase agreement because they were hand writtenI understand how *** is such a wealthy man because he prays on people that don't understand the building process and takes there moneyI'm a female, going through the process of the loss of my husband and was looking to better mine and my sons life and this is what happens when you trust peopleAs far as me transferring monies and working with him, I could never trust this man again with anything I do so that's a no goI also, ran into another couple from Merrillville that said he did them the same way and they lost way more money than I haveAlthough I would love to have my dead husbands money back, money he saved for me and my son to have a better house, once he was gone, If this is the only way *** can get rich then so be itI hope he sleeps well at night
Final Business Response /* (4000, 13, 2017/08/18) */
Ms ***'s response is unfortunate but not surprisingI cannot offer her more than I already have and we have been very consistent and straight forward in all documentation and meetingsIf she changes her mind, I will honor my offer to transfer her monies to another purchase as noted above
Final Consumer Response /* (4200, 15, 2017/08/22) */
(The consumer indicated he/she DID NOT accept the response from the business.)
No I am not satisfied at all but his response is unfortunate but not surprising as wellAs I stated before, I don't trust him as far as I can throw him so why would I honor his word when they've done nothing but lied and stole from me throughout the whole processNever straight nor consistent with anything they've done but if they are satisfied by getting rich off the backs of innocent female victims then so be itI'll let God fight this battle for meI'm done with this lying thief

Initial Business Response /* (1000, 5, 2017/08/17) */
Please find a detailed response to Mr. [redacted] complaints:
1. "false statements" were made by me regarding cable service status. Not true at all. I told him that upon his request, I contacted the Developer who told me that Comcast was...

currently providing service in the subdivision. In fact, a house a few lots over has it. There was no way I or the developer could know that the underground lines were not yet extended to this new home which has only 3 homes occupied on it at the time of closing. Mr. [redacted] did discover this fact PRIOR to closing but still decided to close. Since that time, I have been active in returning any texts he sent with whatever I knew and also communicating with the developer who has the contractual relationship with comcast (I as builder have none). See recent attached email correspondence between developer and Mr. [redacted] noting his awareness of the situation, status, and efforts made on his behalf.
2. Pre-closing punch list and "filthy" move in. We provide all clients a pre-move in opportunity to create a punch list. we then attempt to complete all items prior to closing. All were completed. However, Mr [redacted] called and complained about many minor issues after move in like a few flies, some dust, etc. We did advise him that professional, third party cleaning had been utilized, we had no prior complaints, but can appreciate that some homeowners are more particular than others. Clearly all new move in homes have some level of early weeks dust from active use of previously inactive ducts etc. I do acknowledge, that we can always do better and will attempt to improve on same.
3. No hot water identified. We test all water prior to move in. I am surprised this could of happened. In any case, upon receipt of the complaint, we immediately contacted the plumber to respond. We received no follow up response from the client and assumed it was handled. I acknowledge that one week is too long for such warranty response and if I was aware of the delay, would have taken further action.
4. A/C not cooling satisfactorily. This is a common concern during hot days as the house was not previously cooled to client's preferences. that does take several days and is not instantaneous. In this case, we again immediately contacted to review the situation. Apparently, their standard repair was not enough so we ordered a replacement unit, that took a few days, and replaced it with a new one.
5. Loose Deck Boards. We were aware that this was not immediately resolved but my staff was tracking completion. at this date it is completed.
6. Loose vinyl trim around overhead door. same as #5.
7. Grass seed growth inadequate. This was an immediate concern that Mr [redacted] stated to me directly. Although I did not agree with his concern, I advised him that I would hold up payment to the vendor until he was happy. He received immediate followup attention in the form of additional fertilizer etc and authorized me to pay the landscaper. In any case, seeded lawns nearly always take two seasons to grow in as compared to sod.
8. squeeky floors. It is true that we do not warranty squeeky floors. it is in writing in our warranty which is provided upon signing the purchase agreement, up front. the reason is that they come and go and in fact move as the house expands and contracts with moisture and the lifestyle of the new owner.
All items that are covered under warranty are completed. the Revdex.com application had nothing to do with said repairs which were all in progress and communicated as same to the client. hopefully the developer can get comcast run down this new street shortly.
Initial Consumer Rebuttal /* (3000, 7, 2017/08/18) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Two items have been repaired... some 3-months later...but only AFTER multiple requests and only AFTER a complaint was filed with the Revdex.com.
After we learned that cable was not available, I did ask to cancel the closing but was told that my deposit would not be refunded. [redacted] also personally assured me he would resolve this issue. I understand the developer has pursued the matter but there is no resolution yet. I do not believe that [redacted] mislead us intentionally nor have I ever made such a claim. Nevertheless, Randal [redacted]/Luxor Homes is responsible for claims that their homes have access to cable, when it wasn't true. As such, I should have been given the option to be released from my purchase aggrement and received a refund on my deposit.
So much of what Luxor Homes says is technically accurate but it is the way in which they that treat customer's requests for warranty repairs that causes many of the issues. Initial responses are ignored or slow and legalistic in reply rather the customer service oriented. None of my issues were unreasonable and would be required to be fixed by a typical pre-sale home inspection. Luxor Homes should have at least sent someone to the house to investigate issues before they just reflexively said "...It isn't a warranty item (the floors)" or "It's the developer's responsibility (the debris)" or "We'll have to see if it is a warranty item or not (the garage door trim)"
The issue with the grass was that I originally asked for a SOD in the back yard precisely because of the issues with grass seed.
The A/C and hot water issues were NOT handled by Luxor as they claim. The initial complaint was made with them via their web site, as they require. We had to contact the A/C company and plumber directly to resolve the issue. Note in their reply they said "We... assumed it was handled." When it comes to significant issues like no hot water or A/C one would hope that a customer service oriented approach would be proactive in resolving issues.
Again, in a dismissive fashion, our complaints about the house not being cleaned (a punch list item) were ignored. Without sending someone to actually investigate our complaint we were just dismissed as being "...more particular than others." The "few" flies were in fact dozens. The flies were on the window sills and in inside the the high-ceiling lighting fixtures requiring a 18' step ladder to reach. Not what you'd expect to have to do moving into a NEW house. The "dust" was drywall/construction dust that coated the dark cabinets (see the attached photo). The "etc" included floors with visible dirt and construction dust on them and stains in the kitchen sink. Very easily seen and again, evidence that the cleaning didn't happen. And again, rather than sending someone to investigate our complaint, these items are dismissed as trivial.
Any of these issues by themselves are relatively minor and easily remedied. When Luxor Homes finally had someone fix the loose door trim around the garage, it only took him 30 minutes. The guy who came to fix the decks, again only about 30 minutes. And yet it seems as though Luxor Homes would rather spend more time in finding a way to marginalize the complaint, dismissing the home buyer as "can't be satisfied" or to see if there is any way they can classify the complaint as non-warranty.
We still wait for for Luxor Homes to fix the loose subfloor in our living room or at least, send someone to investigate the issue. The issue with the floor IS NOT the normal squeak here and there as the house settles. The floor in part of the living room is spongy and loose and squeaks LOUD. Doesn't it deserve at least an inspection before you dismiss it???
Final Consumer Response /* (4200, 11, 2017/08/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have always maintained the floors were loose...and squeaked. Currently, 1/4 of the living room floor is affected. What is "the near future"? I propose they prepare to remove or pull up the carpet in the area and make a good faith attempt at fixing the problem rather than offer a vague promise of "someone" just looking at the problem sometime in the future. In any case, there offer is insufficient.
Final Business Response /* (4000, 15, 2017/09/20) */
Hello Ms. [redacted]
We have an appointment to evaluate the living room sub floor for Mr. [redacted]
I will let you know the outcome of the inspection.
Regards,
[redacted]

Initial Business Response /* (1000, 11, 2017/03/27) */
[redacted]Document Attached[redacted]
My company is very aware of Mrs. [redacted]'s stated concerns and we have met with her on multiple occasions and reviewed in detail her every concern. Unfortunately, her expectations and knowledge of what is and is not a...

warranty type item (or even a problem) is NOT reasonable or normal. We have responded in writing to the [redacted]'s in detail regarding each concern and documented all with photos. Finally, we have a written Warranty Agreement which provides very clear options for any homeowner to obtain third party professional evaluations of any concern. She has refused to pursue any such method and instead is relying on her own, unprofessional opinion to state the existence of problems. As of this date, the ONLY item requiring further warranty is the sealing of her front door. In my written response to her,I put in writing, we would address when the weather improved as we will be exposing the home to outside temperatures. Attached for your reference are multiple correspondences documenting all. please let me know how I may otherwise assist on this complaint. Of note, Mrs [redacted] is NOT a party to any agreement with my company as the Warranty and Home are solely in the name of Mr. [redacted]. As a courtesy, we have replied to Mrs. [redacted] to date directly but if Mr. [redacted] wants to pursue any third party warranty process involving third party experts, he will have to directly be involved.
My company is committed to providing an excellent product and responsive and responsible warranty services. In this case, the client has no legitimate open complaints (except as noted above) that meet the terms of our written warranty as noted above. [redacted], President
Initial Consumer Rebuttal /* (3000, 13, 2017/03/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Even though my husband is the one on the Warrenty we are both married and both are fully responsible for both of our home as a married couple, my husbands bills and warranties are mine as well as his, my husbands issues are mine just as much as they are his. Luxor homes have not repaired our floors, the tile, grout, nail pops, several cracks in foundation some they did fix, but not all, the upstairs has every window has broken seals, leaks cold air, the upstairs floors brand new carpet needs replaced due to damaged subfloors, the front door is extremely off level, every walls has cracks in it, baseboards are cracking, front porch cement cracked, driveway cracked, kitchen cabinets uneven, wall behind countertops uneven and pulling away from wall, we still have one crack in the foundation that is still leaking water that the builder refuses to fix. I will add all pictures to this as well. My husband and I have only lived here in this brand new house 6 months and we have all these issues in brand new construction and the builder has only fixed one crack out of all these issues.
Final Business Response /* (4000, 19, 2017/04/17) */
there is nothing new in the consumer "rebuttal" which has no validity. pls review my initial response which covers all issues. the warranty is intact and she has rights thereunder for evaluation and resolution of any concern. we see none except the front door which is to be addressed when weather warms per earlier correspondence.