Northern Comfort Modular Homes

Initial Business Response /(1000, 8, 2017/11/29) */
Nov 29, 2017

Regarding complaint case number ***

In your initial letter to our company dated Nov 14, you had asked for a response by Nov 28. We received this letter by mail on Nov 28 and it was given to me on Nov 29 for a response. I am not sure how we could respond prior to receiving the complaint.

This customer did purchase a modular house from us on Aug 29. Prior to the purchase, we contacted our local trucking company to confirm they would be able to deliver the house to the site and place it as desired. We proceeded with the sale of the house. The customer and the trucker were in touch with each other to arrange and schedule delivery. When it was time for delivery and the trucker applied for the permit as per *** procedure, he was advised that his equipment did not meet the requirements to move the building and they would not issue him a permit. There are no other local companies equipped to move this building. Within hours I had made arrangements with an out of town company to come and move this house. They applied for their permit promptly. It took approx 3 weeks for the permit to come in. The *** likes to tell people they issue permits withing 3-5 days. I have actually never seen it happen that fast, but I have no control over their procedures or how this government office operates. Finally the permit was issued and we got a delivery schedule from the trucking company. On Nov 16 I called the customer to advise them that the trucking company had told me they would be able to deliver the house on Nov 18, and requested final payment as per the sales contract.

The very first line of the contract signed by the customer reads as follows: "In the event the whole of the balance due is not provided to seller prior to delivery, the home will not be delivered to the buyer"

At no time had we ever indicated that we would deliver their product prior to receiving the balance of the payment. I advised the customer accordingly and was told right then to cancel delivery and the customer would like a refund of their deposit. There is nothing in the contract that allows the customer to request a refund or cancel the sale. They had placed the order, put the money down and we proceeded to move forward. The customer has told us they were not following through with it, they were not paying the balance and they would like the sale cancelled. We cancelled the delivery truck accordingly. Even though there is nothing in the contract compelling us to refund their money upon their cancellation request, we offered to give them back all their money less expenses incurred. There was material they picked up from our company prior to the delivery of the house (I even gave them the option of returning these products for a refund) and the trucking company requires us to pay for the *** permit (which they had to prepay) which was issued. I had calculated the costs off the deposit and offered to meet on Nov 20 to issue a refund cheque. The customer advised at that time that they were not accepting my refund. They did not think that they should pay for the delivery permit since delivery was not executed (upon their request) (I have only charged them the amount which was prepaid in order to obtain the permit as per *** procedure), then they determined that their original deposit was more than we received and I should be using that amount for their refund calculation (I have the signed contract with the deposit amount and I have checked my banking records to verify this).

In your letter you asked for a proposed resolution. At this point, delivery of this house has been cancelled as per the customers request (and failure to pay) and is no longer an option. We would be happy to resolve this by issuing the customer a refund equal to the deposit received minus the cost of the materials they have kept, the expense incurred (cost of the permit) and a 10% administration fee.

I would be happy to forward you a copy of the contract and any calculations you would like.

Initial Consumer Rebuttal /(3000, 10, 2017/12/05) */
(The consumer indicated he/she DID NOT accept the response from the business.)
On august 29, 2017 deposit was given $19,888.00. This home is three years old. This modular home had a sign stating $82.sq foot. The gentleman from NCMH told myself, my daughter and her boyfriend that when property was ready they could deliver home immediatly. Also it stated on NCMH website that could be deliver right now!
natural gas, Septic, drilled well,city permits was all ready by the end of September.
Since September the guy was NCMH has been saying every week *** permint should be in. We contacted *** in *** and a permit only takes 3-5 business days to be issued.
By November 16th the guy finally called me and asked if I wanted my deposit back, I said because there was snow and the foundation was all wet with ice and snow. He said OK I will give you $17,0000 back I said no! It was $19,888 he said well, you would have to pay for *** permit and old stairs that were not up to Ontario building codes. We had to spend time and money to get them up to standards. Also pay for siding for the skirting around the home that never showed up! Now everything is on hold for hook ups because of NCMH making promises they didnt keep.
NCMH also stated that if modular was moved they were just going to drop off in driveway . This NOT ACCEPTABLE. They would not give a date they would be back, to complete the job. I contacted the manufacturer in *** to inform them of this matter they were quite upset. My daughter even called *** as well to let them know what was going on.And to try and get more info of why the hold up. The following day we received a text threat response from NCMH saying if we called again the move would be cancelled. In another text he stated the modular home would of have been delivered in October . My daughter and boyfriend were suppose to be out of their rented home and into the new one before DEC 1 but because of this ugly mess they have to stay till at least spring. We just had to spend more money to insulate the cement slab otherwise it would crack.
I still want $19,000 back he can keep remainder for rotten stairs and siding. I hope to hear back from the gentleman at NCMH soon !